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Home My WebLink AboutCC 1987-09-22 MinutesT �Y OF MIAM1 * INCORY��)R:1TE'ti 18 96 O.lp� f �0�`OT OF FWIN6 HELD ON SEPTEMBER 22, 1987 (PLANNING & ZONING) PitEPAREO sY THE OFFICE OF THE CITY CLERK CITY HALL INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SEPTEMBER 22, 1987 ITEM SUBJECT NO. LEGISLATION PAGE NO. 1 PLAQUES, PRESENTATIONS, PROCLAMA- PRESENTED 1 TIONS AND SPECIAL ITEMS PRESENTED 9/22/87 TO OFFICER WILLIAM BUTLER, MOST OUTSTANDING OFFICER OF THE MONTH OF JUNE AND THE 6TH ANNUAL YOUTH BASEBALL WORLD SERIES PLAYERS COACHES. 2 DISCUSSION AND TEMPORARY DEFERRAL DISCUSSION 1-7 OF CONSIDERATION TO APPROVE THE 9/22/87 AWARD OF A CONTRACT FOR THE CITY'S PURCHASE OF 1200 GLOCK 17 MM PARABELLUM HANDGUNS. (SEE LABEL 22) 3 RECOGNITION OF SERVICES RENDERED BY DISCUSSION 7 THE MIAMI POLICE DEPARTMENT IN 9/22/87 CONNECTION WITH THE SEPATEMBER 10- 11 PAPAL VISIT TO MIAMI. 4 GRANT REQUEST BY MIAMI DADE COMMU- R 87-841 8 NITY COLLEGE FOR A ONE -DAY PERMIT 9/22/87 TO SELL BEER AND WINE IN CONNECTION WITH PAELLA 187 TO BE HELD OCT. 10, 1987. 5 AUTHORIZE CLOSURE OF DESIGNATED R 87-842 8-9 STREETS IN CONNECTION WITH THE 9/22/87 OCTOBER 1, 1987 INAUGURATION CERE- MONY TO BE CONDUCTED BY NEW WORLD FESTIVAL OF THE ARTS. 6 AUTHORIZE CITY MANAGER TO PROCEED M 87-843 9-11 TO OBTAIN HURRICANE INSURANCE TO 9/22/87 SAFEGUARD AGAINST POTENTIAL LOSS OF =? REVENUE TO THE CITY'S PUBLIC FACIL- ITIES. 7 ACCEPT IN PRINCIPLE, ARCHITECTURAL M 87-844 11-14 DRAWINGS BY SPILLIS, CANDELA. AND 9/22/87' PARTNERS IN CONNECTION WITH THE "^ COCONUT GROVE EXHIBITION CENTER j PROJECT. y; 8 COMPLAINT MADE BY BERNARD WILLIAMS, DISCUSSION 15 REGARDING ALLEGED FAILURE BY THE 9/22/07 CITY TO NOTIFY HIM CONCERNING REBIDDING OF THE CLEANING CONTRACT FOR DINNER KEY. 9 INSTRUCT PLANNING DIRECTOR TO STUDY M 87-045 15-17 AND REVIEW POSSIBLE ROLLBACKS IN 9/22/87 ZONING VITHTM A CERTAIN TIME FRAME. i Mtn!" L h 10 AFFIRM ZONING BOARD'S GRANTING OF R 87-846 SPECIAL EXCEPTION TO PERMIT A 9/22/87 DRIVE-IN TELLER FACILITY LOCATED AT 2800 BISCAYNE BOULEVARD FOR ITS PROPERTY LOCATED AT 253 NE 28 STREET AND 254 NE 29 STREET. 11 GRANT SPECIAL EXCEPTION, AS LISTED R 87-847 IN ORDINANCE 9500, SUBSECTION 2031- 9/22/87 2, TO PERMIT A REDUCTION IN THE NUMBER OF RESERVOIR SPACES FROM A MINIMUM OF 20 TO 18 FOR TWO TELLER STATIONS FOR THE PROPOSED DRIVE-IN FACILITY LOCATED AT APPROXIMATELY 253 NE 28 STREET AND 254 NE 29 STREET. 12 DISCUSSION CONCERNING 1987 DISCOV- DISCUSSION ERY DAY TOUR BICYCLE RACE. 9/22/87 13 AMEND THE MIAMI COMPREHENSIVE 10318 NEIGHBORHOOD PLAN, BY CHANGING 9/22/87 DESIGNATION OF CERTAIN PARCEL LOCATED AT 5811-17 NORTH MIAMI AVENUE (VILLA PAULA), BY CHANGING DESIGNATION OF SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESIDEN- TIAL USE TO RESIDENTIAL/OFFICE USE. 14 AMEND ORDINANCE NO. 9500 BY REMOV- 10319 ING THE HC-1 GENERAL USE HERITAGE 9/22/87 CONSERVATION OVERLAY DISTRICT AND INSERTING THE HC-3: RESIDENTIAL - OFFICE HERITAGE CONSERVATION OVER- LAY DISTRICT WHILE RETAINING RG-1/3 ON PROPERTY LOCATED AT 5811-5837 NORTH MIAMI AVENUE. (VILLA PAULA) 15 AMEND THE MIAMI COMPREHENSIVE FIRST NEIGHBORHOOD PLAN FOR PROPERTY READING LOCATED AT APPROXIMATELY 741-899 NW 9/22/87 37 AVENUE AND 3663-3671 NW 7 STREET, TROPICAL TRADES COMPANY STATION "A" BY CHANGING DESIGNATION FROM MODERATE HIGH DENSITY RESIDEN- TIAL TO COMMERCIAL/RESIDENTIAL USE. 16 AMEND 9500 BY CHANGING ZONING FIRST CLASSIFICATION OF 815 NW 37 AVENUE, READING TROPICAL TRADES COMPANY STATION "A" 9/22/87 FROM RG-2/5 TO CR-2/7. 17 AMEND MIAMI COMPREHENSIVE NEIGHBOR- FIRST HOOD PLAN FOR PROPERTY LOCATED AT READING 1720-1770 NW 34 STREET AND 1721- 9/22/87 1757 NW 33 STREET, LAVONIA PARK BY CHANGING DESIGNATION OF PROPERTY 17-21 22 22-24 24 25 25-26 26-27 27-28 FROM LOW MODERATE DENSITY RESIDEN- TIAL TO HIGH DENSITY RESIDENTIAL USE. 1S AMEND ZONING ATLAS OF 9500 BY FIRST 28-29 CHANGING ZONING CLASSIFICATION OF READING 1720-1770 NW 34 STREET AND 1721- 9/22/87 1757 NW 33 STREET FROM RG-1/3 TO RGt-3 /6.: r { r 2ir y 19 CONTINUE CONSIDERATION OF APPEAL BY DISCUSSION 29-32 THE ALLAPATTAH BAPTIST CHURCH OF 9/22/87 THE ZONING BOARD'S GRANTING OF A SPECIAL EXCEPTION TO CONVERT TWO STRUCTURES LOCATED AT APPROXIMATELY 1700-1770 NW 34 STREET, 1701-1757 NW 33 STREET AND 3300-3380 NW 17 AVENUE TO AN ADULT CONGREGATE LIVING FACILITY. 20 AFFIRM DECISION OF ZONING BOARD & R 87-849 32-64 GRANTING SPECIAL EXCEPTION, 9500, 9/22/87 RS-1, RS-2, TO PERMIT THE CONSTRUC- TION OF A STUDENT ATHLETIC CENTER FOR RANSOM EVERGLADES SCHOOL, 3575 MAIN HIGHWAY. 21 AFFIRM DECISION OF ZONING BOARD R 87-850 65-66 GRANTING A VARIANCE, MAXIMUM 9/22/87 HEIGHT, TO PERMIT CONSTRUCTION OF A SCHOOL ATHLETIC CENTER FOR RANSOM EVERGLADES SCHOOL, 3575 MAIN HIGH- WAY. 22 APPROVE CHIEF PROCUREMENT OFFICER'S R 87-851 66-67 DECISION & AWARD BID FOR THE PUR- 9/22/87 CHASE OF 1200 GLOCK 17-9MM PARABELLUM HANDGUNS. 23 SECOND PUBLIC HEARING TO DISCUSS M 87-852 67-105 TENTATIVE BUDGET FOR FY 188. 9/22/87 24 FIX MILLAGE FOR CITY OF MIAMI FOR 10320 105-106 FY 87-88. 9/22/87 25 MAKE APPROPRIATIONS FOR THE FISCAL 10321 106-107 YEAR ENDING SEPTEMBER 30, 1988. 9/22/87 26 DEFINE & DESIGNATE TERRITORIAL 10322 107-108 LIMITS OF THE DOWNTOWN DEVELOPMENT 9/22/87 _ DISTRICT FOR THE PURPOSES OF TAXA- TION; FIXING THE MILLAGE AND LEVY- ING TAXES FOR FY 188. 27 MAKE APPROPRIATIONS FOR THE DOWN- 10323 109 - TOWN DEVELOPMENT AUTHORITY FOR 9/22/87 FISCAL YEAR ENDING SEPTEMBER 30, 1988. 28 DISCUSSION REGARDING DECLARING A DISCUSSION 110-112 MORATORIUM ON THE COLLECTION OF 9/22/87 IMPACT FEES AS ORIGINALLY IMPOSED PURSUANT TO ORDINANCE 10273. (SEPT 22, 1987)(SEE LABEL 31) 29 AMEND MIAMI COMPREHENSIVE NEIGHBOR- FIRST 112-113 HOOD PLAN BY CHANGING DESIGNATION READING OF 1500 N.W. 35 STREET FROM COMMER- 9/22/87 CIAL/RESIDENTIAL TO GENERAL COMMER- CIAL USE. 30 AMEND 9500 BY CHANGING ZONING FIRST 113-114 CLASSIFICATION OF 1500 N.W. 35 READING STREET FROM CR-3/7 COMMERCIAL 9/22/87 RESIDENTIAL TO CG-1/7 GENERAL COMMERCIAL. 31 DECLARS MORATORIUM ON THR COLLSCs- 10324 u, 114-114 `..� TICK OF IMPACT FSSS AS ORIGINALLY 9/22/87 ' IMFOSSD RU30VART TO ORDINANCE 10273, TO LAST FOR THIRTY DAYS FROM OIPTEMSSR 22, 1907, (SEX LA#SI. 20) r= y _ Y„;. .n. .; ..- _' ". ., :. r.: .. .. .•:-v.. y. u s.. .�.+s..-.., ... .. Jcv..+R3S. _..... ,.. .Ym+..t S,.. ..:dl. t.I-u!"_7zu� ,''•h .ry,�ilvt 32A DISCUSS & CONTINUE PROPOSED AMEND- M 87-853 116-118 MENT TO THE MIAMI COMPREHENSIVE 9/22/87 NEIGHBORHOOD PLAN BY CHANGING THE DESIGNATION OF 2575 Sal 27 AVENUE. A32B CONTINUE ALL PLANNING AND ZONING M87-853 116-118 ITEMS NOT TAKEN UP TO THE MEETING 9/22/87 SCHEDULED FOR OCTOBER 22, 1987. 33 DISCUSSION OF FINANCIAL PROBLEMS DISCUSSION 118-119 AFFECTING CITY RETIREES. 9/22/87 34 RESCHEDULE THE FIRST REGULAR CITY R 87-854 120 COMMISSION MEETING OF OCTOBER TO 9/22/87 TAKE PLACE ON OCTOBER 22, 1987, AND RESCHEDULING THE TIME OF THE SECOND MEETING OF OCTOBER TO COMMENCE AT 4:30 P.M. 35 RESCHEDULE SECOND REGULAR MEETING M'87-855 121-122 OF NOVEMBER 1987 TO BEGIN AT 1 P.M. 9/22/87 ON NOVEMBER 12, 1987. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 22nd day of September, 1987, 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 3:41 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy ALSO PRESENT: 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 who then led those present in a pledge of allegiance to the flag. 1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS. Commendation: Certificates of Appreciation: Officer William Butler for having been selected Most Outstanding Officer of the Month for June, 1987. 6th Annual City of Miami Youth Baseball World Series Players & Coaches, for their participation in this event. NOTE FOR THE RECORD: COMMISSIONER KENNEDY ENTERED THE MEETING AT 3:43 P.M. 2. DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION TO APPROVE THE AWARD OF A CONTRACT FOR THE CITY'S PURCHASE OF 1200 GLOCK 17 MM PARABELLUM HANDGUNS. (See label 22) -------------- Mayor Suarez: I know we have attorneys here on the issue of the City's.award of the handgun contract and if no, Mr. !tanager... do we have them here? If so, perhaps we can get a clarification of what the procedure would be. We don't have this item on the agenda, but I would certainly like to have clari- fied for myself and I presume the other Commissioner* also. The issue comes up of a protest of the bid and if they do protest, which I think they have filed through a letter received today, a protest, how does that get handled from here forward, what are your intentions, what if any, reconsideration do you recommend, based on conversations had with the various parties in the last few days since the Commission meeting. Mr. 041o: I feel that the bid is valid that we have, that we should issue a purchase order and proceed to order the Glocks today. Now, we have.deloyed this long enovXb, They . are proposing that . ve, buy another SUB that .Grp; .doai'_L Want. We haven't tested it, It is.$ soretta 92, We do not intend t+p uoe f, Beretta 92. We fool: that what we have has been tested by the army, has beeia tested by us. We feel comfortable with it and we recommmend that we proceed to Issuing the purchase order today so we can get the gans in twenty days:. �f 4 9, vow t Mrs. Kennedy: So the purchase order has not been distributed yet? Mr. Odio: It has been placed on hold until today and then I recommend that we release it today, proceed with it and then they can do whatever the; want. Mr. Plummer: Let me ask you a question, because based on, you know... one thing we don't want is a lawsuit to hold it all up. Madam City Attorney, I am assuming you have gone through the bids. I guess the thing I am asking now, are the bids in order, were they followed properly, and in your estimation is everything in order to award the bid as recommended? That's really where we are at. Mrs. Dougherty: Mr. Vice Mayor, the City Attorney's office supports the Administration in its decision. We believe that Glock, as well as Lawman's and Shooter's, both bid on the Glock gun. This was something that was unknown to me at the last Commission meeting and since they both bid on the Glock gun, one was at $274.59, per unit and the other one was $269, Glock being cheaper, we believe that the bids are in order and should be awarded. Mr. Plummer: All right, the other question that came up at the last meeting, as I recall, is in reference to the trade in, am I correct? Mrs. Dougherty: I don't think that is an issue anymore. Mr. Plummer: That's not an issue anymore? So that has been resolved? Mr. Odio: Yes, sir, we don't... Mr. Plummer: So, what you are saying is, that the bid that is made by... what company?... Mrs. Dougherty: Lawman's and Shooter's. Mr. Plummer: ... by Glock itself, the distributor. Mr. Manager, I guess the only question, if the bids are in order, that I have, is the company that I guess is putting in the protest is a local company, is Glock, as a manufactur- er, going to be able to give us the service that we need on the weapon? Mr. Odio: Yes, and I don't think they can anymore because I understand that they have lost the distributorship on the Glock, so since we want the Glock, we feel it is the best gun available, I believe that the distributor is better at handling the servicing of the guns than they would be. Mr. Plummer: I understand that, but do they have a local office, or are we going to have to ship them back to... Mr. Odio: No, but, see Commissioner, if I may, what they want us to buy is a Beretta, which would be a prototype, which we are not ready to accept. We do not want to test their guns at the expense of our police officers. Mayor Suarez: In what sense is it a prototype? Mr. Odio: They are going to modify the Beretta so that it meets some of the criteria that we want, but it will not be a Glock, a gun that has been tested. We feel that we are not a guinea pig, and we will not use our police officers to test their gun here. Mrs. Kennedy: Well, from what I have been learning about this gun since the last Commission meeting is that Glock had a tighter pull, and it has a device that prevents it from... Mr. Odio: I have shot the Glock, Commissioner, and it is the best gun that I have ever shot in my life. Mrs. Kennedy: And it is the Department's recommendation as well. Mr. Odios I will tell you what, I have a sergeant who has been testing the Glock for many, many years..# for a year now, and he will tell you about the Glock If you wish to hear about it. i Sgt. Paul Plank: OK, the Glock 17 pistol that we picked as our next issued sidearm is a weapon that has one consistent trigger pull and once that weapon is fired, we know in what mode the weapon is fired for investigative purposes, for legal, in order to defend ourselves in civil litigation. We know the manner in which the weapon was fired. We do not have to worry about acciden- tal discharges or unintentional discharges. We know the way the weapon is _ fired. It has met all of our criteria. It is a weapon that the City of Miami Police Department has elected to go with. Mrs. Kennedy: And it is not go to single action, right? Sgt. Plank: Correct, it does not function in a single action mode. Mr. Glio: Commissioner, have you been studying about guns? Mrs. Kennedy: I have. Sgt. Plank: The weapon, according to the Bureau of Alcohol, Tobacco and Firearms, technical director Ed Owens, the weapon is not a single action weapon, it is not capable of single action operation. Mayor Suarez: Let me ask... Commissioner? Mrs. Kennedy: No, I guess my own question now to the City Attorney, is there any way that Beretta can sue us? Mr. Plummer: If they have got $27.001 Mrs. Dougherty: Of course they can sue us. Mayor Suarez: What is the next step, in following the same lines of thought, for their protest, Madam City Attorney? It doesn't hold up our actual award of the bid in any way? Mrs. Dougherty: Now, if they want to, there is a procedure for protesting with the Purchasing Director and they can follow... Mr. Martin W. Foster: That has been complied with. Mayor Suarez: I believe that is what we just received today. Assuming that was done properly, what is the next step? It doesn't hold up our proceedings, it comes back to the Commission, it is determined in house, or how does it work? Mrs. Dougherty: I want to find out something. I have Mr. Clark talking to a lawyer. We are... Mayor Suarez: The reason I asked, on procedural grounds here, Mr. Manager and Madam City Attorney and members of the Commission, is that I have been re- quested to put this item on the agenda without sufficient time to notify you In accordance with the five day rule and I don't want to turn this into a hearing unless the Commission wants to hear the issue by having both sides state their positions. On the other hand, I don't want the City to be caught In any kind of a bind here, procedurally. Mr. Odio: I recommend it, if she supports me on this, as I recommend, that we issue the purchase order today, go ahead and buy the guns. We will have them here in twenty days. We will not be forced to use the Beretta. We are even willing to give up this program if we have to use the Beretta. We do not feel comfortable... Mayor Suarez: What you are saying is that by filing the protest, they are not going to hold up what we have determined. Mrs. Dougherty: I was going to suggest that we have the Glock Company indem- nify us and defend the lawsuit, and hold us harmless in the event the -'other M; side wins. They have not agreed to do no, so in which case, I don't know at 1 this time whether or not it would be prudent to issue the purchase order until we resolve everything. r *. !Mayor Suarez: Nice try, anyhow. Well, unless the Commissioner -object,, I am disposed to have bin make a quick presentation. I think the oniy the other.., {i September 2$j M1. � Mr. Dawkins: 1 am opposed, because I am going to vote with the Manager. That's what we pay him for, to make these decisions. The Manager has made a decision that this is what they want to work with and I mean, we can hear the hearings, Mr. Mayor, but the hearing will not change my vote, I am going to vote with the Manager and if we got two other votes up here that are going to vote with the Manager and not hear it. Mr. Foster: Mr. Mayor, if I may have... Mayor Suarez: Well, it would be basically on a procedural issue. We are not going to go into the merits at this point, because we do in effect have an objection, Commissioner Dawkins. Go ahead, Counselor. Give us your name. Mr. Martin W. Foster: My name is Martin W. Foster, I am with the law firm of Steel, Hector and Davis, here in Miami. I represent Lawman and Shooters, who submitted a bid, both on behalf of Glock, and on behalf of Beretta, on the solicitation for the handguns here before us. At the last meeting on Septem- ber Sth, or at the September Sth City Commission meeting, the resolution was i discussed for the award of the contract to Glock Inc., for supplying the 1,200 handguns for the Police Department. At that time, an issue arose with regard to the Beretta guns. As I believe, Sgt. Plank, who is here today, was also here prepared to discuss the technical merits and the Commission said, "We are simply going to go with the recommendation..." Mayor Suarez: Are you prejudiced in any way if we dealt with all of this at the next Commission hearing when we have properly notified it to all of the Commissioners? Mr. Foster: We are not prejudiced Mayor, if you do not award the contract. Mayor Suarez: Well, it looks like it is going to be... it has been awarded, it looks like it is going to be... Mr. Foster: If you do not issue the purchase order. Mayor Suarez: ... ratified today. I have a feeling the consensus of this Commission is to ratify the award. Mr. Foster: Well then, yes, we will be prejudiced. Mayor Suarez: By not having the hearing on the merits today, as opposed to next Commission meeting? Mr. Foster: If you are going to go forward with it, yes, because it is my _ position that... we have filed a protest, and it is my position that you can't go forward with it, and we would be forced to then file a temporary restrain- ing order in the courts in Miami, and I prefer not to do that, since, in cooperation with your office, we have the opportunity in the interim from September Sth to now, to sit down and talk with the principles involved at the Police Department to discuss the award. They unambiguously agreed with us, that the reasons for the determination were other than those listed in the invitation for bids. I have no doubt that these people wanted certain techni- cal requirements in their guns, but your bidding procedures state that such... your bidding procedures state that, "No criteria may be used in bid evalua- tions which were not set forth in the invitation for bids." That is clear. Mrs. Kennedy: 'I think we agreed with you at the last Commission meeting that the bids could have been made tighter. Mr. Foster: Pardon? Mrs. Kennedy: The specs. Mayor Suarez: On the other hand, Madam City Attorney, we are satisfied for ourselves that the bid was proper and legal and sufficiently clear, that we can withstand legal attack? Mrs, Dougherty: Yes, sir. Mr. Foster: Mr. Mayor, your own representatives who wade the decisipn, stated, absolutely contrary to what the City Attorney is sayng'iu front of a 4 September 22, 1907 �a i �} �F •.e4: ),.++sciV4.5 .,'W:T+U�AL'rL +.it. Wit: s=„'iX,iW{+?'It..Yws - _ _ - _— - _ room of non -people, they said they considered criteria other than those included in the invitation for bids. I was present, I heard them. Your regulations say that no criteria may be used in awarding i contract other than those included. I can't imagine how anything can be more clear when they... I would appreciate it, if you would ask either the lieutenant here, or Sgt. Plank, if they did not state in our meeting that criteria other than those included. They read a document from Chief Dickson which emphatically stated, why the Glock was chosen. Virtually none of those criteria were included in the invitation for bids! Mayor Suarez: OK, this will be the last question then, at least from myself to the Manager. Are we satisfied that the criteria applied were in fact, those specified in the bids and that we have acted properly? Mr. Odio: Yes, sir. , I Mayor Suarez: OK, I don't... 1 Mr. Foster: Mr. Mayor, I would really appreciate you ask someone who was at the meeting. Mr. Odio was not at the meeting. Mr. Odio: I don't have to ask what was in the meeting. NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 3:54 P.M. Mayor Suarez: You have had in effect, had almost a hearing on the merits here, another hearing on the merits, just like we had last time, but you are certainly entitled to ask for the Commission to consider this at our next Commission meeting, with proper notice to the Commissioners. Mr. Foster: Mr. Mayor, are you going to go forward with the signing of purchase order and sending it to Glock? Mayor Suarez: It certainly looks that way to me. Mr. Foster: Well, you know, I guess we will see you in court then. Thank you. Mayor Suarez: That happens a lot to us. Mr. Dawkins: Madam City Attorney... Mayor Suarez: We like to argue with anybody except Steel, Hector and Davis, I'll tell you that! Mr. Dawkins: We can argue with him too. It is not a problem. The gentlemen, is this the same gentlemen who was low on this bid?... the one who argued about the State of Florida, saying you should have purchased from them because they were low? Mrs. Dougherty: I don't recall. This, on the Glock gun... Mr. Dawkins: Yes. Mrs. Dougherty: ... Shooters and... Mr. Foster: Lawmen and Shooters. The protest... Mrs. Dougherty: Lawmen and Shooters were higher on the Glock gun. Mr. Foster: Mrs. Dougherty, the protest is not based on the Lawmen and Shooters Glock submittal, Mayor Suarez: Counsel, wait, counselor, please.. Commissioner. Mr. Dawkins: Do you think that you can successfully defend us in court? a if f{. Mrs. Dougherty: I believe we can, yes. Mr. Dawkins: All right, we don't know whether we are going to via or not,' because that is for the jury. But, you can successfully defend us, is that right? h�c S asi+townD.. $i � ,7► z , +�... .•Iqa� - Mrs. Dougherty: Yes, sir. Mr. Dawkins: All right. Mr. Carollo: The number one thing that is the most important thing that we should consider, number one, is what -our City Attorney advises us on and I believe that has been established already. Secondly, what the police adminis- tration says, and Chief, as I understand it, you all are happy with the decision that was previously made with you all's recommendation by this Commission. Chief Dickson: Yes, Commissioner Carollo. {that we want, in fact, as strongly as the !tanager has already put it. If we don't, if we are not able to get what we feel that we need for our police officers, that is the best that can be gotten for them to meet our own shooting criteria and policies, we would just rather not have any kind of gun except what we have right now. Mr. Carollo: Right, sir. Last, but if not least, if I could hear f rom the representative of the rank and file officers of the F.O.P. Ken, what is your position on this? Officer Ken Nelson: Thank you, Commissioner Carollo, Mayor, Honorable Commis- sioners. Our number one concern is the safety of police officers on the street and we have been out -gunned for years, and there is no denying that. Ve could all take and look at any type of issue and try and f ind some type of disagreement and prolong this forever and ever. Right now I think we have people here that are arguing an economic point instead of a safety point, and I would hate to see that we have any officer in the City of Miami get injured or lose their lives because they have with them equipment... what we are talking about today with the 38, that we had to keep continue on for a period of six months. a year, a year -and -a -half where we have ongoing litigation back and forth between these companies. I think I can speak very clearly on behalf of the rank and file and say they are looking for this weapon, and not now, but yesterday. Thank you. Mr. Carollo: Thank you, Ken, for that input. As I see it, the City Attorney did strike 1, the Chief did strike 2, and the F.O.P. was strike 3. As far as I am concerned, sir, you are out. Mr. Foster: Thank you very much Mayor Suarez: Do we need to take any action, then? Mrs. Dougherty: No, Mr. Mayor, I just want you to be aware that under the law, his bid protest must be resolved and brought back to you with our recom- mendation at the next Commission meeting, so we still must meet to resolve his bid protest that I saw for the first time today. Mr. Carollo: Yell, can we do that as quickly as possible, because the people that are losing out here are those officers in the street, because they have been out -gunned, as Mr. Nelson said, for a long time, and even with this new weapon, they are still going to be out -gunned. Ve just made the odds a little better. Mr. Foster: At the next meeting then, Miss City Attorney? Mrs. Dougherty: Yes. Mr. Foster: Thank you. Mrs. Kennedy: Mr. Mayor. !Mayor Suarez: Does it have to wait until the next meeting, Madam City Attor- nay? Mrs. Dougherty: Unless Mr. Mullins can resolve it now. Mr. Carollo: If you would call a special Commission meeting to resolve this briefly. Y 6 2!L 4 =' s 1 _I Mayor Suarez: Wait a minute. Wait a minute, Commissioner. Madam City Attorney? i Mrs. Dougherty: It has to have a hearing before the purchasing chief procure- , meat officer and then brought back to you within 30 days, so presumably if he had a hearing right now, it could be done today. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Foster: We'd be happy to have the hearing now if we want to discuss the legal merits. Mrs. Dougherty: You do not object to the short notice? 1 Mr. Foster: We are prepared to discuss the legal merits. i Mayor Suarez: Are they entitled to a hearing with him privately prior to i coming here, or can be done right here? —I i Mrs. Dougherty: No, with him privately and then the City Manager makes a recommendation to you. Mayor Suarez: We will be ready for you, I have a feeling, whenever you have met, Counselor, if you want to have the Commission act on it today, and I have a feeling the Commission wants to act on it today. Mr. Dawkins: He can go upstairs and meet in the Manager's office. Mayor Suarez: That's right. Mr. Foster: May I just write down just exactly what your procedure is then, Miss Doughe ty? Mayor Suarez: Madam City Attorney, do you want to describe it one more time? Mrs. Dougherty: If you will follow Mr. Clark and Mr. Mullins, they will have a hearing right now with you. Mr. Foster: OK. 3. RECOGNITION OF SERVICES RENDERED BY THE MIAMI POLICE DEPARTMENT IN CON- NECTION WITH THE SEPTEMBER 10-11 PAPAL VISIT TO MIAMI. Mrs. Kennedy: Mr. Mayor. Mayor Suarez: Madam Commissioner. Mrs. Kennedy: The rotten apples of the Police Department are out in the newspaper every day, but I think that it is only fair that the people out there know that we have a Police Department that is doing their job and I just want to congratulate the Chief, Major DeJong, and every officer involved in the Pope's visit and I guess particularly, Lt. Fernandez, who was assigned to - me, for not only doing his job, but keeping a sense of humor all the time, I guess his wife also who didn't shout at him when she saw him with ten women in his car as they waved back. Mayor Suarez: They did a magnificent job. Sept�►mb�r, gZ� �QJ 4. GRANT REQUEST BY MIAMI DADE COMMUNITY COLLEGE FOR A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH PAELLA 187 TO BE HELD OCT. 10, 1987. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Yes, Commissioner Dawkins. Mr. Dawkins: I've got an item that should be finished. Last Commission meeting, we had a resolution dealing with Paella, and we closed to streets, but we forgot to give him permit to sell the beer and the way it happened was that Miami Dade had some money that was left over and I would suggest that we see that they use that money for police and fire, so that has been resolved, so if we could pass this resolution, authorizing them to sell beer, I'd... Mr. Plummer: Second the motion. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 87-841 A RESOLUTION CONCERNING THE 1987 PAELLA 187 TO BE HELD OCTOBER 10, 1987, AUTHORIZING A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH SAID EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT; CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY AND CONDITIONED UPON ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. G`-144zi�1. - - 5. AUTHORIZE CLOSURE OF DESIGNATED STREETS IN CONNECTION WITH THE OCT. 1, 1987 INAUGURATION CEREMONY TO BE CONDUCTED BY NEW WORLD FESTIVAL OF THE ARTS. yr_ Mrs. Kennedy: Mr. Mayor, the New World School of The Arts is having its opening on October 1st. There are some streets that need to be closed and `I A think we have Marci Sarmiento here to tell us which ones. Marci. Mayor Suarez: Is there any problem_ with the Administration with this, or ' should we just take it as a- summary item and vote on it?... closing of the a, streets for the.,, I entertain a motion on that. L Mrs. Kennedy: So moved. Mr. Plummer: Second. Mayor Suarez: Seconded. Any discussion, call the roll. The following resolution was introduced by Commissioner Kennedy. who moved its adoption: RESOLUTION NO. 87-842 A RESOLUTION CONCERNING AN INAUGURATION CEREMONY TO BE CONDUCTED BY THE NEW WORLD SCHOOL OF THE ARTS ON OCTOBER 1, 1987, PROVIDING FOR THE CLOSURE OF DESIG- NATED STREETS TO THROUGH VEHICULAR TRAFFIC; ESTABLISH- ING A PEDESTRIAN !TALL SUBJECT TO THE ISSUANCE OF PERMITS BY HE DEPARTMENTS OF POLICE AND FIRE, FJ S= AND INSPECTION SERVICES; CONDITIONED UPON THE REQUIRE- MENT THAT THE CITY WILL BE INSURED AGAINST ANY POTEN- TIAL LIABILITY AND UPON THE ORGANIZERS PAYING FOR AMT NECESSARY COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENTS. (Here follows body of resolution, omitted here and an file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Mayor Suarez: OK? COMMENTS DURING ROLL CALL: Ms. Marci Sarmiento: Thank you, Commissioners. Mayor Suarez: Don't thank us yeti COMMENTS AFTER ROLL CALL: Mayor Suarez: OK? Ms. Marci Sarmiento: Nov, thank you, Mr. Mayor and Commissiso sm, thank you very such. 6. AUTHORIZE CITY MANAGER TO PROCEED TO OBTAIN HORRICM INMANCE TO SAFEGUARD AGAINST POTENTIAL LOSS OF REVENUE TO THE CITT'i nELIC FACILI- TIES. Mr. Odio: Before we get into that Mr. Mayor, I'd like to rift, 4* a policy, I asked the City Attorney, we slight be on a hurricane watch tsemesrr, unfortu- nately. We will know better early tomorrow morning and I wo talking to Commissioner Dawkins about the possible damage to some of orWr �s produc- era and I ask your advice whether it would not be feasible to Soot for Insur- ance to protect our revenues in case of major damage to the sseosmt producers. By that, I man I man the marinas and the Bayside property pen st. 1 Mr. Ddvkins: I think it is a wonderful idea. I move that !A pWoue it And come back and let us know what you can do. Mrs. Kennedy: Yes, second. 0 - # Mayor Suarez: And to the extent, if it is within your powers and if it is without your powers, let us know. If we have to do something beyond that, we may have to meet. Mr. Odio: If we have to buy in urgency an insurance policy and it is over my powers, I will have to poll the Commission. Is that so, Lucia? Mrs. Dougherty: Yes. I want you to know that before an insurance company is going to quote you something, they are going to have to know how much revenue is coming in, etc. Mr. Odio: Yes, no problem. Mrs. Dougherty: I don't know if this is an appropriate time to tell you that the Administration and the Law Department has determined to go bare on parks this coming year. We are not going to buy any insurance for our parks like we have in the past. Mayor Suarez: Bayside is independently insured, is it not? Mr. Odio: Bayside is a private company... Mayor Suarez: Have we...? Mr. Odio: ... but we have revenues and what I care about is... Mayor Suarez: Right, that is the thing, and have we looked at their policy? Are we satisfied that it would cover... Mr. Odio: Their policy covers them. What I am worried about is what we get paid. Mrs. Kennedy: Yes, what do we get out of this? Mr. Odio: We don't get anything from their policy, is what I am saying. They have to pay so much rent to us. Mayor Suarez: I mean, for lost income, for example. Mr. Odio: Suppose they are down, God willing, it won't happen, two years! We lose so many dollars. Mr. Dawkins: That's what Joe Robbie needs for his football strike now. Mayor Suarez: Do we have a motion and a second on that? Mr. Dawkins: Yes, there was a motion and a second. Mr. Plummer: To instruct him to proceed? Of course. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: NOTION NO. 87-843 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED TO OBTAIN HURRICANE INSURANCE IN ORDER TO GUARD AGAINST ANY POTENTIAL LOSS OF REVENUE TO THE r CITY'S PUBLIC FACILITIES'. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote- . =� - s �! x • • MW AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 7. ACCEPT IN PRINCIPLE, ARCHITECTURAL DRAWINGS BY SPILLIS, CANDELA AND PARTNERS, IN CONNECTION WITH THE COCONUT GROVE EXHIBITION CENTER PROJECT. Mr. John Gilchrist: Mr. Mayor and Commissioners, at the last Commission meeting, the architects were ordered to reflect again on the design concept for the Dinner Key Exhibition Hall, and to maximize the expansion of the space, and they have come back with a proposal to have a 150,000 square foot convention center, and they are going to present that. Do you want to flick that on? Mr. Julio Gabriel: Hello. he last time, September 8th, when you instructed us to go back to drawing board and see, using the budget of $5,000,000 total, to see what's the maximum exhibition space that we could develop on the site for the Coconut Grove Exhibition Center. We are happy to come back and tell you that we have been able to do that. We have been able to maximize the invest- ment that you are going to make in the Coconut Grove Exhibition Center and come up with a program that brings the exhibition to 150,000 square feet of flat floor exhibition. That will be located on the area of the site between the existing Exhibition Center and South Bayshore Drive. It is still allowing for enough space for bus circulation and drop-off right at the entrance, creating a brand new entrance which will be open to South Bayshore Drive, so that it will be visible but also public. The space itself is going to be flat floor and I am going to orient it the same way as the site plan to make it easier for you, just at an angle like that and this is the new space that is being proposed. It is all flat floor exhibition space. It is 45,000 square feet, and it will connect directly to the existing main hall at this location. We are also using the existing service door opening to the facili- ties in here, so you will have also connections through there, through both exhibition areas, also here, so that you have one flat floor area that commu- nicates with high all the way through, so either it could be used as one single space flat floor, 150,000 square feet, or it could be subdivided into different functions. At the same time, this new space will be very flexible, because it will have tracks and air: walls that will allow it to be subdivided into smaller spaces, either by function for the exhibitors who are here, or even by members of the community who need these types of spaces. And these are meeting rooms that run from 5,000 to 12,000 square feet in size. For example, " you could have an'exhibition here, and this mould be a pre -function area, with meetings rooms in here, so you could have the breakup rooms, which are very important for these types of facilities. At the same time, all of these walls could be taken down and connected through to create one major space, and by using the different entries as you have in the facilities you could also have different functions occurring at the same time, so we'll maximize the use of the facility, which In impossible to use at this time. The entry itself will be designed very simply, as budget is limited, but it will be something that will become very attractive. It will be lit at night. It will have a covered area so buses and visitors can come in and get in and out of the facility, covered. It will have the space to put in announcements of facilities which are occurring in there, for example, the ASTA convention could have large banners advertising boat shows, flower shows, all of that could occur in elements like that. Mrs. Kennedy: And it is going to be on South Bayshore Drive, right? 4 Mr. Gabriel: It is going to be on South Bayshore Drive, right there. Nobody can miss it. It is going to be right there, illuminated at night. We- will use glass in that entrance, obviously.with roll -down shutterse.eo in the oese - z of a hurricane, they will be protected, but during the functions occurring, >r Xl you will be able to see right through it and see what is happening in there. As far as the budget, we have been able to break it down. We are talking about new construction about 47,800 square feet to bring it about to the 1500000 that we require to round up that kind of a space. We have, within it, we have contingency, we are looking at a 25 percent contingency right now, to make sure that we are within the budget and the City that has the flexibility to come up with a building that works. All of the fees and meeting rooms and kitchen facilities will be included with that. And even, we have some monies for the site improvement right at the entry and the parking lot, so we have the money from there and we can make all that for $5,000,000, right now. We are looking at a very tight schedule. We have a period between now and June to complete all of the drawings so that we can go out for bids. We figure that it will be, you know, from eleven months to a year for construction of the facility, and as we know that we have the ASTA convention occurring in October of '89. you know, it is a very tight schedule and we need to move on it right away. We will try to do as quick as possible, because I know your time is at an essence. If you have any questions, we would be happy to answer them for You. Mr. Plummer: Exactly what I screamed about before, I think. Mr. Carollo: Let me say this for the record. This is just about the most Important thing that we can accomplish for the City of Miami right now, at this very moment, particularly for this area, but this is something that is going to benefit the whole City. The only thing that I want to make sure that we have accomplished, and I've had a variety of conversations with the Admin- istration on this for months and months. In fact, when we had the ASTA people down here some months ago, before we finally were able to be successful in getting the '89 convention, this is also one of their concerns. We discussed this for a long time, and it is going to be the concern of many people that come here for a convention at the exhibition center here. We need to be sure that your new blueprints, your drawings, are opening that area up completely, and that is the point I just want to emphasize that we have to be sure that It is opened up completely so it is going to give us the maximum use out of this. Mr. Gabriel: We have done that. As a matter of fact, we are proposing to eliminate a lot of the service functions which are now within the building right now, to be able to open up from one exhibition space to the other, as much as possible, so it will feel like one continuous span, and not two separate spaces. Mr. Carollo: And at the same time, you could close it up and... Mr. Gabriel: It can still be broken up, so it can be used by two different functions. Mr. Carollo: Yes, OK. Were you able to speak to the architect from ASTA on this matter? Mr. Gabriel: No, we haven't, but we have been working with Tony Pajaces and he has been involved with the detailing of this,... Mr. Carollo: Tea. Mr. Gabriel:... and as we into the nest step, we will get involved with them to hake sure that their requirements are... Mr. Carollo: Can you make sure that Tony is brought up to date in every detail that you have there, so that we can inform them, at least out of courtesy, because they were quite helpful in giving us some input on this. Mr. Gabriel: Ten, we definitely will. Mr. Carollo: Thank you. Mrs. Kennedy: How many square feet do you have in that shaded area, if we leave it all open? Mr. Gabriel: On the spaded area it in actually. this basis It is oaThat •.x with all the pockets and up beimS 47 and awe Change. will s wad It...�� z.. z Mrs. Kennedy: It is a beautiful plan. Mr. Gabriel: Thank you. Mayor Suarez: The partitions will be specified in such a way... have you gone this far, that... I know there is a company in the State of Florida who... Mr. Gabriel: It is actually in Hialeah. There is a company that manufactures for nationwide, and we definitely will include them then, in our bid. Mr. Odio: But, Mr. Mayor, the Toronto Exhibition Center was built in Hialeah, sir. Mayor Suarez: That's why I asked. Mr. Gabriel: Yes, definifely, it is the only one in the State of Florida. Mayor Suarez: ... because to find out afterwards that by some small design flaw or just an oversight, that we can have a local company that happens to produce apparently the best ones anywhere, and that the ones they use in Toronto seem... they are manual too, they are not electrical, if I remember correctly. Mr. Gabriel: It is easier to work. Mayor Suarez: Right. Mr. Gabriel: And they are very high quality. It is probably one of the highest qualities in the country today. Mrs. Kennedy: They are southern? Mr. Gabriel: Yes. Mayor Suarez: And otherwise, later we get hit with the transportation cost, and the issue of why a local company was not able to participate in the bidding, and everything else. Mr. Gabriel: As a matter of fact, we are already talking to them about that. Mr. Plummer: Move that they proceed to final drawings. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any further discussion? Mr. Plummer: Predicated on the drawings before us. Mayor Suarez: John, I have one last question, and this is the all embracing one, and I know of course, that we look to the ABTA convention to be at least one convention that will be doing there, but have you convinced yourself, or the Administration convinced yourself that we will be able to attract more conventions because of these improvements that will warrant the cost? I know the architects... your partner came and made a beautiful presentation to me, convinced me that you know, Coconut Grove was a great place and so on, but we know that we have limited hotel rooms out here in the Grove, and so what have we... what feasibility analysis have we done on that? Mr. Odio: Very simply, if we don't have it, we don't attract any conventions! But, with 150,000 square feet, you can attract 70 percent of the conventions that are out there to be had. The only inconvenience is the hotel rooms, but I believe that of the conventions out there... Mayor Suarez: Op to how many people? Mr. Odio: That is a 2,000, 3,000 room convention here, a mid -sized conven- tion. Normally, you don't need more than a hundred... Mayor Suarez: I know you had given before the estimate that,.. at the exist- lot "convention facility" we could attract what, 20 percent of the national conventions, or something? M' Septe�aerZ,.1907. y --'�sra{{.. ;: •.. �, �_�. _��. '.. �_. ::,':'� .. ...,,�.,..�.-...,.�._f-...s�cr5_r....,ma.�:..i,.. '�nfh.:..l..'�; .. �.. �-r`.T_tkir„��Sa� Mr. Odio: Oh, sure. Mayor Suarez: And here you are saying as much as 70 percent, and the hotel rooms to be used would include downtown? Mr. Odio: We would have to. We would not have enough rooms in Coconut Grove to meet the criteria of some of the conventions, but I believe what is going to happen is that you might be getting some requests for buildings of small sized or medium sized hotels in the Grove area, and we already have one company which I am not allowed to mention, that wants to build another hotel immediately. In fact, over the air rights here, they could. Mayor Suarez: How about some little trams or some other transportation from downtown? Mr. Gilchrist: I think that you will have to depend on transportation systems from downtown hotels to make them work, and the number is more correct at 70 percent. We didn't give you that 20 percent number, but, as I understand it... Mayor Suarez: You said 70, you know. Mr. Gilchrist: Yes, that is correct. No, but last Commission meeting, somebody said 20. They were wrong, because the bulk of conventions are these small conventions, and 70 percent... Mr. Odio: That wasn't decided by me, Mr. Mayor. That's a study that was done when they were doing the Miami Beach and downtown area. They said that in j order said that, so, I am quoting them. Mayor Suarez: L and H. OK, we have a motion and a aecond. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTICM NO. 87-6" A MOTION OF THE CITY CC!l-ISSIG i ACCRITIMG IM PRiSCOM PRESENTATION MADE BY THE SPILLIS, CALLA AM PART- - HERS, ARCHITECTS FIRM REGARDING '= CDCOWT del EXHIBITION CENTER'S RENOWATIM A W PAW=; FURTHER AUTHORIZING AND DIREC?IMG TR ANMUMMM X TO INSTRUCT THIS FIRM TO PMCNIS TO FWAL ON THE BASIS OF COMMENTS MADE W I 23 OF 9K CIT? COMMISSION DURING TODAY'S P24 —ATIO. Upon being seconded by Commissioner ieaMdy, tM artiem was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Remedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Gi briel : Thank you, Mayor and Commissioners. ------------------------------------------------------------------------------ 8. COMPLAINT MADE BY BERNARD WILLIAMS, REGARDING ALLEGED FAILURE BY THE CITY TO NOTIFY HIM CONCERNING REBIDDING OF THE CLEANING CONTRACT FOR DINNER KEY. ------------------------------------------------------------------------------ Mayor Suarez: Is there anything else we can handle before 4:30, Mr. Manager? Commissioner Dawkins. Mr. Dawkins: Mr. Mayor, Mr. Manager, I think Commissioner Carollo has too, but I have had complaints from the gentlemen who has a contract over there for cleaning and they bid the job and he was not told it was bid, so I would like to know if there is any way the City Attorney and the Administration can review the bids and see what we did, or if we did anything wrong, or how to correct it. Mrs. Dougherty: Commissioner Dawkins, I believe... what I have heard, at any rate, is that the Administration would like to review the bids because they may want to change the specifications in the bid, and we will proceed to do that. Mr. Dawkins: OK. Mr. Eads: We have had some concerns expressed and if you will give us an opportunity, we,will take a second look at the bids and come back to you at the next meeting. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:21 P.M. AND RECONVENED AT 4-50 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. 9. INSTRUCT PLANNING DIRECTOR TO STUDY AND REVIEW POSSIBLE ROLLBACKS IN ZONING WITHIN A CERTAIN TIME FRAME. Mayor Suarez: Madam City Attorney, shall we handle this item that you had here, item 2 for 3:30 p.m.? What is the discussion on that? Mrs. Daugherty: Yes, sir. Mr. Vice -Mayor Plummer had asked whether or not changes of zoning could include a time limitation in which the zoning would automatically rollback in the event that a developer doesn't develop within a certain time limit, and we had advised... Mayor Suarez: I thought we had acted and passed and done with that already. Mr. Plummer: Mr. Mayor, what I had asked for, as you know, we have many times where people come up and ask for a change of zoning and then for infinitum, nothing is ever done and it was my opinion... Mrs. Kennedy: Yes. Mayor Suarez: Oh, I remember now! OK, I am sorry, it is not the change, it is that they hadn't acted on a change of zoning, isn't it? Mr. Plummer: Exactly. What I had asked the question was, was it possible that if they don't clove within a period of time, could we, the Commission, revert it back, that's where were are. Mrs. Dougherty: And our opinion was that any rollbacks in zoning would have to follow the same procedure and have the same criteria as your initial zoning, or rezoning, so the most that the City could do is tell the Planning Director to study an area to see whether or not circumstances have changed since the time that you zoned it that would warrant rezoning back to its r._• former classification. 51 ;_ Mr. Plummer: Would that be on an automatic situation? 4 Mrs. Dougherty% You could automatically require them to do so, in the event that development doesn't take place within, a certain amount of time, go back and study it, see if it warrants the down -zoning based on circumstances. Mayor Suarez: Yes, like we are building a presumption that within a year, if they didn't do something, then: circumstances would have changed and we might want to change our minds on the rezoning. Mrs. Dougherty: Yes, but usually circumstances don't change to warrant the down -zoning is what the other side is going to say. Mr. Plummer: I would ask, Mr. Mayor, that the City Attorney come up with the proper document for the next meet zoning meeting for consideration by this Commission. Mr. Dawkins: Second. Mrs. Kennedy: Second. Mrs. Dougherty: Would you like to have it first go to the Planning Board for their consideration? Mr. Plummer: Whatever you think is feasible. Mrs. Dougherty: Well, the Planning Board has to consider it first. Mr. Plummer: That's fine. f'l Mayor Suarez: OK. Mrs. Dougherty: While we are at it, if you don't mind, we took the opportuni- ty to advise you of some cases that have come down recently. The first one is City of Miami Beach vs. Amoco. You may recall, we have a law that does not permit the sale of beer in gasoline stations. We had opined, the City Attor- ney's office, that that law is not enforceable, based on an interpretation of State law and the City of Miami Beach had a similar ordinance which was stricken, so we have been doing the right thing all along in not enforcing that law, but we still have it on the books, in case the State law changes and we can then reenact and enforce it again. The second one is the First Evan- gelical Lutheran Church case. This is a case which went to the Supreme Court of the United States, and finally held for the first time that damages can be assessed against the City for a temporary taking, and it might come into a situation where you have a request for a zoning and a developer is turned down, and during the pendency of the time between your between your turn down of the zoning and the court overruling that, we would have to pay temporary damages. Prior to this time, the only remedy was simply an invalidation of the unconstitutional law. The third case that we have provided for you is a case that has come down that said that the comp plan must be followed as strict scrutiny, so when we go to court, if the comp plan is not followed, it is no longer a fairly debatable rule, it is the strict scrutiny rule. And the fourth one comes into play where you have a required dedication of your right- of-way. There must be a "rational nexus" for that dedication at the time that you are requesting it. Mayor Suarez: OK, public hearing on the... Oh, we have two planning and zoning items, I am sorry. there is a roll call on the motion. Mayor Suarez: Roll call on the motion. r The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-845 A MOTION DIRECTING THE ADMINISTRATION TO INSTRUCT THE PLANNING DIRECTOR TO REVIEW THE ISSUE OF POSSIBLE ROLLBACKS IN ZONING WITHIN A CERTAIN PERIOD OF TIME WHICH WOULD REVERSE TO ITS PRIOR DENOMINATION; FURTHER DIRECTING THE CITY ATTORNEY TO DRAFT THE NECESSARY DOCUMENTS AND HAVE THEM READY BY THE NEXT CITY COMMIS- SION MEETING FOR PROPER CONSIDERATION BY THE COMMIS- SION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. 1 ------------------------------------------------------------------------------ 10. AFFIRM ZONING BOARD'S GRANTING OF SPECIAL EXCEPTION, TO PERMIT A DRIVE-IN TELLER FACILITY LOCATED AT 2800 BISCAYNE BLVD., FOR ITS PROPERTY LOCATED AT 253 N.E. 28 ST. AND 254 N.E. 29 STREET. ------------------------------------------------------------------------------ Mayor Suarez: We have some Planning & Zoning items scheduled for 4:30?... two? Mr. Olmedillo: Yes. sir, one and two, they are companion items. This is a drive-in facility for a :financial institution, comes back to you for a special exception. Mr. Plummer: Which number? Mr. Olmedillo: One. Mayor Suarez: PZ-1. Mr. Olmedillo: PZ-1 and PZ-2 is the reduction of stacking spaces from 20 to 18. The Creditbank built a parking facility lot around its building, and there is a residential building that you can see in the packets. There is a residential building in page five, you can see that the drive -through facility is drawn out and there is in the lower left hand corner, there is a residen- tial building there. The Zoning Board recommended approval subject to moving the attendant building five feet to the east, that is away from that residen- tial building. The Planning Department recommended denial of the request, that is the reduction of the stacking spaces and approval subject... Mr. Plummer: How many stacking spaces will they provide? Mr. Olmedillo: They are providing 18 out of the 20. The only thing that I must add is that they have a three -lane coming in which goes into a two-lane as they approach the teller itself. You can see it on page f ive of your packet and... Mrs. Kennedy: Guillermo, in our backup, it says that there are 10 replies in favor received by mail, three proponents were present at this meeting. Were LL` there any opponents? Mr. Odio: Not oly that... •vh y r A O Af • `- i , • Mr. Olmedillo: At the meeting itself? I do not recall that there were any opponents at the meeting, Ma'am. Mayor Suarez: Is there anyone here that wishes to be heard against the application, PZ-1? Let the record reflect that no one has stepped forward. Mr. Olmedillo: If I may, I will finish the recommendation of the Planning Department. It is denial of their request and approval subject to meeting the stacking requirements which is 20, and a landscape buffer between the residen- tial building and the stacking lanes so as to reduce the impact on the :-esi- dential building. Mr. Plummer: Well, have you all agreed to that? Mayor Suarez: Have they tendered that? Mr. Olmedillo: No, no, sir. Mr. Plummer: You are not in agreement with it? Mr. Amadeo Lopez -Castro: We are in agreement with the five foot, and we even have a corrected plan here depicting the five foot to the east that was corrected in there. We did not agree, Commissioner, with the buffer with regards to the residential, because we believe, that number one, the propri- etors did not object to it. Everybody in the vicinity, is in agreement with us and to provide the additional stacking spaces that we believe are not neces- sary in this particular location would mean that we would hive to seek another variance, be it of parking of other kinds, from the City and I pointed out at the Zoning Board that this building had been built without the require- ment of any exception or variances of any kind. We were in full compliance with the City Code with regards to the building itself and it is a thirteen story building, I mean it is not... Mr. Plummer: Where is your ingress and egress? Is it off of Biscayne Boulevard? Mr. Pierce: On 29th Street. Mr. Lopez -Castro: Yes, sir. We ingress from 29, we egress on 28th. Mr. Plummer: Do you go on the boulevard? Mr. Lopez -Castro: What was that, sir? Mr. Plummer: Do you go on the boulevard with your ingress or egress? Mr. Lopez -Castro: No, sir, we do not. Mr. Plummer: Well, my concern is the traffic and the stacking, that it doesn't stack back up on Biscayne Boulevard. I mean, nobody has to draw you pictures on that. You are asking for... I'm sorry. Mrs. Kennedy: OK, go ahead. Mr. Plummer: You are asking for a ten foot buffer? Mr. Olmedillo: We are asking for a buffer, period, a landscaped... Mr. Plummer: Well, he is agreeing to five. Mr. Olmedillo: ... landscaped buffer. The Zoning... Mr. Plummers Can they adequately do it in the five feet that they are prof- fering? Mr. Olmedillos We believe no, sir. Mr. Plummers Weil, then there to no disagreement then, on r that. Mr. Olmedillo: They are not providing the buffer. Mr. Plumasers At all?'' 2-14 - - �� rx _ ,• - - ;•` to = x fit4� * Slav to, Mr. Olmedillo: At all. Mr. Lopez -Castro: We have a masonry wall as a buffer existing today, sir. Mr. Pierce: Mr. Vice -Mayor and Mr. Mayor, if I may, just for the record. When we reviewed this application originally, prior to its going to the Zoning Board, the consensus of staff was that that drive-in teller facility should be moved to provide the buffer between the lanes and the residential building, which is a small apartment building. Later that day I just happened to ride by there and found out that the drive-in lanes had actually already been constructed. That's why they couldn't be moved, but then in checking with them, we found that when they had come through for building permit, staff had "X'd" out that part because drive-in facilities take approval by the City Commission. That's why there is a problem here with moving that, but if you visit that site and see that lane is right up against the building and we don't think that is any protection at all for the people, through they may be renters, or tenants, it is no protection for them at all, that close to their apartment building. Mrs. Kennedy: Well, why haven't we heard from anybody? You know, I agree with Commissioner Plummer, when you have three lanes turning, you are always going to have some kind of impact in the street, but this is not right on Biscayne Boulevard, you know. Is this a soft denial? Mr. Pierce: Not as far as I am concerned. Mr. Olmedillo: 'it see it as a denial. You can refer to page five and that will show you. Mayor Suarez: s.n that a soft smile of yours? Mr. Olmedillo: That is my nodding, but... but not the denial. Mr. Pierce: It better not be. Mrs. Kennedy: Sergio would answer me, where is Sergio? Mayor Suarez: I know Walter's is not, or Sergio's by definition. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: I'm worried about stacking. Mrs. Kennedy: The stacking. Mr. Plummer: The stacking is not on the boulevard, that is what I am worried about. Mr. Pierce: Here they got a big landscaped strip here, that protects their parking lot. Mr. Plummer: Right. Mr. Pierce. What about the people who have got live in this building?... right up against that, that is our problem. Mr. Plummer: Well, the question has to be if they were to shift that lane over and away from the wall, his contention is that they would have to come in for a variance on something else, is that true? Mr. Olmedillo: To our knowledge, they are providing.,. they have a large parking block which covers from the building, from the face of the building, all the way through where the blue block* are. Mr. Plummer: That's not the question. tj 11r. Olmedillo: No. f5 Mr. tiummeri. The question to, his contention, It they move that lane over, as you are requesting, do they have to come in for a variance for something o.lso! y 4- A t� 0 :6 _3 Mr. Pierce: Mr. Vice -Mayor, I don't see how that would change. The only variance they need now is the... Mr. Plummer: Is the answer yes, or is the answer no? Mr. Pierce: I don't see a variance. The answer is no, I don't believe they do have to come for another variance. Mr. Dawkins: Did they have a permit to build the wall? Mr. Pierce: Yes. The wall was part of the permit for the property. What I was saying was that when they first came in, they showed the drive-in facili- ty, the lanes coming through. The building staff said, "You need City Commis- sion approval for a drive-in facility, so they permitted them to draw an "X" through it, meaning that the permit did not cover that. Somehow, the lanes were still built, in accordance with the plan that had been "X'd" out. Staff is now under instructions that whenever a building plan comes in, and there is a change made on that plan, you get new sets of plans. There will be no hand writing, no ink on them, so that we know what was permitted and we can keep track of it. In this case it had already been built, and I discovered that personally after... Mrs. Kennedy: So, it was through the City's fault. Mr. Pierce: ... it was too late. But, what happened is that the landscape strip that they put between the lanes, a protected buffer, their drive-in lanes from their parking spots. We would like that landscape strip to buffer those lanes from that residential property west of the site. Mr. Plummer: Well, you know, I can see two trains of thought, one, if there is a solid, concrete masonry wall there now, what are you buffering from, and if you put landscape, it is only going to benefit them. Mr. Pierce: Sir, landscape also serves as a noise buffer. That wall will accept the noise and just bounce it around. Landscape absorbs noise and it also does aesthetics. Mr. Plummer: The real question comes down is to whether you move it over five feet, is that what the real question is? Mr. Pierce: We prefer to move it ten feet. Mr. Plummer: Well, to move that... Mr. Pierce: They've offered fiv4 feet. Mr. Plummer: Vell, hey, I will just put on the record my biggest contention all the way along has not been a wall, or the buffer, has it been, as you well know, is the stacking doesn't stack up on the streets and create a safety problem. I... Mr. Lopez -Castro: May I respond to it, Mr. Commissioner? If I may, for the record first, my name is Amadeo 1-7ez-Castro, I reside at 1136 Alhambra Circle _ and I am a professional engineer and this is Martinez Celeiro, representing Boulevard Acquisitions. Mr. Plummer: Sir, are you here appearing for a fee? Mr. Lopez -Castro: No, sir, I am not. I am doing this for a friend.. When we went before the Zoning Board, we reached a five foot sort of agreement, due to the fact that that was the most that we could do without encroaching on the parking spaces that are depicted and built on the plans. I would love to 'A point out to this gentlemen that all ve have done is paved the drive -through, that our original plans and this plan call for the building of a structure that we have not built, and that if we are successful in obtaining permission, ` that we will go forward on it. I have a revised plan here that unfortunately ! I was unable to show to Mr. Campbell because he was on vacation the day I ` visited the City, but I Mould like then to see for a minute, It I slay. INAUDISLB SACKGROMP CAMOWS NOT R aM= INTO T= PUBLIC UCORD. r • 0 Mr. Pierce- Mr. Plummer, staff is in agreement they can live with the five feet, but if you are going to approve it, would you approve it subject to detailed review by the Public Works Department and by the Planning Department for landscape requirements. Mr. Plummer: So moved as amended. Mrs. Kennedy: Second. Mayor Suarez: So moved and seconded. Any discussion? It is a resolution, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-846 A RESOLUTION APPROVING THE INSTALLATION OF DRIVE-IN FACILITIES FOR THE CREDITBANK, A FINANCIAL INSTITU- TION, LOCATED AT 2800 BISCAYNE BOULEVARD, FOR ITS PROPERTY LOCATED AT 253 NORTHEAST 28TH STREET AND 254 NORTHEAST 29TH STREET, MIAMI, FLORIDA, MORE PARTICU- LARLY DESCRIBED HEREIN, AS PER PLANS ON FILE, SUBJECT TO THE TELLER STRUCTURE, AS INDICATED ON THE PLANS, BEING MOVED 5 FEET TO THE EAST, SUBJECT TO A FIVE FOOT LANDSCAPE BUFFER TO BE APPROVED BY THE PLANNING DEPARTMENT, AND FURTHER SUBJECT TO CITY COMMISSION REVIEW; ZONED CR-3/7 COMMERCIAL RESIDENTIAL (GENERAL). THIS SPECIAL EXCEPTION REQUEST FOR REDUCTION IN THE NUMBER OF RESERVOIR SPACES FOR A DRIVE-IN FACILITY ON ABOVE SITE AND HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: NOES: ABSENT: COMMENTS MI Mr. Caro114 Mr. Plummej Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. ------- -- - -- - ---- -------------------------------------------- 11. AFFIRMING DECISION OF THE ZONING BOARD TO GRANT SPECIAL EXCEPTION, AS LISTED IN ORDINANCE 9500, ARTICLE 20, SECTION 2031, SUBSECTION 2031-2, TO PERMIT A REDUCTION IN THE NUMBER OF RESERVOIR SPACES FROM A MINIMUM OF 20 TO 18, FOR TWO TELLER STATIONS FOR THE PROPOSED DRIVE-IN FACILITY LOCATED AT APPROXIMATELY 253 N.E. 28 STRET AND 254 N.E. 29 STREET; SUBJECT TO A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. ------------------------------------------------------------------------------ Mayor Suarez: PZ-2 is companion. Mr. Plummer: So moved. Mrs. Kennedy: Second. Mayor Suarez: Moved anc conded, thirded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-847 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2031, SUBSEC- TION 2031.2 TO PERMIT A REDUCTION IN THE NUMBER OF RESERVOIR SPACES FROM A REQUIRED MINIMUM OF 20 TO 18 RESERVOIR SPACES FOR TWO TELLER STATIONS FOR THE PROPOSED DRIVE-IN FACILITY FOR THE CREDITBANK, A FINANCIAL INSTITUTION, LOCATED AT 2800 BISCAYNE BOULEVARD, MIAMI, FLORIDA, FOR ITS PROPERTY LOCATED AT APPROXIMATELY 253 NORTHEAST 28TH STREET AND 254 NORTHEAST 29TH STREET, MIAMI, FLORIDA, MORE PARTICU- LARLY DESCRIBED HEREIN, AS PER PLANS ON FILE, SUBJECT TO CITY COMMISSION REVIEW; ZONED CR-3/7 COMMERCIAL RESIDENTIAL (GENERAL). THIS SPECIAL EXCEPTION IS FILED IN CONJUNCTION WITH A PETITION FOR SPECIAL EXCEPTION TO PERMIT A DRIVE-IN FACILITY AND HAS A TIME LIMITA- TION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT; None. 12. DISCUSSION CONCERNING 1987 DISCOVERY DAY TOUR BICYCLE RACE. Mayor Suarez: Did you want, Mr. Vice -Mayor, take up the bicycle race, Mr, Plummer: Yes, Mr. Mayor, we have a group here that are going to be on October 191 Columbus Day, there is total to be 4 bicycle rol4tta` "4 `l think they want to offer a challenge to you and to Mr, Carollo. This bicycle Pere is going to attract iaterastioaal spotlights to this community. They gill have in excess of 1,000 bicyclists here for a race that will last between 8:30 in the morning and about 5:00 in the afternoon. I have asked Mr. Silber, if he would to come here and to let this Commission very briefly know about this race and invite us and let them put forth the challenge. Mr. Steve Silber: Thank you, Commissioner Plummer, and thank you Mayor and City Commissioners. This is the 1987 International Discovery Day Tour that will be held in Miami on October 12th, which is Columbus Day, and it is brought to us by distinguished guests from the Republic of Spain, Mr. Jose Nunez, and Mr. Luis Alvarez. Their organization is a nonprofit cycling association and their goal is not only to put on this race and to develop additional races throughout the country, but to build up cycling organizations throughout the United States which work with young people to foster human values and to develop a competitive healthy spirit. I'd like to bring up Mr. Nunez and Mr. Alvarez for just a moment, from Spain, and tell the Commission a little bit more about this race. Mr. Plummer: Let me ask you a quick question. How many countries will actually be represented in this race? Mr. Silber: Mr. Nunez is of course bringing several dozen cyclists from Spain and other countries in Europe and then hundreds more will take part from the United States. Mr. Plummer: Where will the race be? Mr. Silber: Throughout: the streets of downtown Miami, but I think specifics of the race can be — ed better by Mr. Nunez. Mr. Nunez. Mr. Nunez: (As ti;islated by Matilde) The race will take place on October 12th, it is a Mona..;, through Biscayne Boulevard. Most of the participants will be through U.S. Federation of Bicycling and also the Florida Federation, but they also have an open event for amateurs so everyone is able to partici- pate and I would like to put Mr. Nunez on because he has a special invitation to make to two very important members of the Commission. Mrs. Kennedy: I was going to ask how do they fit in? Mr. Plummer: Can I be the referee? Mrs. Kennedy: And I have the concession stand! Mr. Nunez: (As translated by Matilde) Mr. Nunez wants to invite as a chal- lenge to members Mayor Suarez and Commissioner Carollo to participate in a mini -race. The route is very, very small, it is one mile, to invite them to compete in preparation for what is ahead in the full spirit of competition. Mr. Plummer: We'll all be there. Mr. Carollo: I understand that what Mayor is really good at though, is boxing. Mr. Nunez: (Comments in Spanish) Mayor Suarez: I have yet to see what the Commissioner is really good at, but maybe we will figure it out from... Mr. Carollo: Well, I think after Watson Island, the Mayor found out awfully quick. 1.7 Mayor Suarez: We saw him play basketball and judging from his coordination in that sport, we had better get a special insurance policy for him. Thank you for the presentation. Mr. Plummer: The only question I have is, do you have any three wheel bicy- cles for these two people? =; INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Thank you, we look forward to that. Do you need anything? Mrs. Kennedy: We will all be there. Ms. Matilde: Wonderful, thank you. Mr. Plummer: All right, thank you. 13. AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING DESIGNATION OF CERTAIN PARCEL LOCATED AT 5811-17 NORTH MIAMI AVE. (VILLA PAULA), BY CHANGING DESIGNATION OF SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESI- DENTIAL USE TO RESIDENTIAL/OFFICE USE. Mayor Suarez: Should we take up PZ-3? Or, do you want to do budget? It is either way, I think the head of the F.O.P. wanted to get to 5:30 before we got into the issue of the budget, if it is OK with him. Go ahead, Guillermo. Mr. Olmedillo: PZ-3 and PZ-4 are companion items. This is the Villa Paula building. It is a second reading. It is a change from an HC-1, which is a straight historical district which maintains the underlying zoning district and to... Mr. Plummer: Are there any objectors? Mr. Mayor, seeing no objectors present, I move item 3. Mr. Dawkins: Second. Mayor Suarez: So moved and seconded. Any discussion? Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGH- BORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPER- TY LOCATED AT APPROXIMATELY 5811-37 NORTH MIAMI AVENUE (VILLA PAULA) (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE AND LOW MODERATE DENSITY RESIDENTIAL USE TO RESIDENTIAL/OFFICE USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 28, 1987, 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -!Mayor J. L. Plummer, Jr. !Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10318. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the ambers of the City Commission and to the public. NOTE FOR THE RECORD: AT THIS POINT, THE CITY ATTORNEY, due to an oversight, read by title into the public record agenda item PZ-4 (Ordinance 10319), rather than PZ-3 (Ordinance 10318). Inasmuch as both ordinances for agenda items PZ-3 and PZ-4 were read, the City Clerk inserted the pertinent ordinance title which should have been read. 24 -------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 14. AMEND ZONING ATLAS ORDINANCE NO. 9500, REMOVING THE HC-1, GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT AND INSERTING THE HC-3: RESIDEN- TIAL -OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT, WHILE RETAINING THE ZONING DESIGNATION RG-1/3 GENERAL RESIDENTIAL OF PROPERTY LOCATED AT 5811-37 NORTH MIAMI AVE. Mr. Carollo: Move. Mrs. Kennedy: Second. Mayor Suarez: PZ-4 moved and seconded. Any discussion? Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, REMOVING THE HC-1; GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT AND INSERTING THE HC-3; RESIDENTIAL -OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT, WHILE RETAINING THE UNDERLYING ZONING DESIGNATIONS, TO THE AREA GENERALLY BOUNDED BY 5811-37 NORTH MIAMI AVENUE (VILLA PAULA) (MORE PARTIC- ULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 13 OF THE ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 28, 1987, was taken up for its second and final reading by title and adoption.. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10319. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission `and to the public. a; IS. FIRST READING: AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROP- ERTY LOCATED AT APPROXIMATELY 741-899 N.W. 37 AVE. AND 3663-3671 N.W. 7_. ST., TROPICAL TRADES COMPANY STATION "A", BY CHANGING THE DESIGNATION FROM MODERATE HIGH DENSITY RESIDENTIAL TO COMMERCIAL/RESIDENTIAL USE. r �-NN-MN-N-NN----w--�-N--NN- N----NN-NN--w�-N♦� '-'4=y Mayor Suarez: PZ-5. x Mr: Olmedillo: PZ-5 and PE-6 are again companion items. One is the plat amendment and the other one is a zoning change from an RG-2/5 to a CR-2/7, If you look at your packet, you will realize that this lot is an island on 37tb Avenue right across the Central Shopping Center. It In located righton37th Avenue. The P.A.B. recommended approval, 9 to 0; Zoning board recommaded ' approval. This to a first reading. y C{i+ Mr. Plummer: Are there any objections? Sir, are you for or against this item? UNIDENTIFIED SPEAKER: I am the applicant. Mayor Suarez: So I guess he is for. no one has stepped forward. Mr. Plummer: I move item S. Mr. Dawkins: Second. Any objectors? Let the record reflect Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGH- BORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROPERTY LOCATED AT APPROXIMATELY 741-899 NORTHWEST 37TH AVENUE AND 3663-3671 NORTHWEST 7TH STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE HIGH DENSITY RESIDEN- TIAL TO COMMERCIAWRESIDENTIAL USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mrs. Kennedy: Thi, is a very reasonable request. I vote yes. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 16. FIRST READING: AMEND ZONING ATLAS OF ORDINANCE No. 9500, BY CHANGING THE 7 ZONING CLASSIFICATION OF APPROXIMATELY 815 N.W. 37 AVENUE, TROPICAL TRADES COMPANY STATION "A" FROM RG-2/5 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL -RESIDENTIAL. Mayor Suarez: PZ-6. Mr. Plummer: Move it. Mr. Dawkins: Second. Hayor Suarez: Companion ttam. Moved and seconded. Any discussion? Anyone Wish to be heard against this item? Let the record reflect no one stopped forward. Read the ordinance. Call the roll. z ¢� pp r pi iy :tt.' �,tt<}.�'o x-.^:.«.,_t,.= r..��i'±�,.'�3�'�ria,±s,- a _ �____� ..,v-1:;�:.: t ?. �S-i�.,i �-�.<w ti-�+.':��-rt14''�.,E�L•�rr" 1 �',%-+,rs w�q�!�_�,,��-^ '�� :� .,,c�._-. ia-- AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 0500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 815 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 2/5 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDEN- TIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 26 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 Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo l Commissioner Biller J. Dawkins Commissioner Rosario Kennedy 1 Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez t NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 17. FIRST READING: AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROP- ERTY LOCATED AT APPROXIMATELY 1720-1770 N.V. 34 ST., AND 1721-1757 N.W. _ 33 STREET, LAVONIA PARK; CHANGING DESIGNATION OF PROPERTY FROM LOW MODER- ATE DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL USE. --------------- Mayor Suarez: PZ-7, 8 and 9. I know we have been... we should have gotten to you the last time, Reverend, and we are happy, hopefully to get it over with today one way or the other. Yes, Guillermo. Mr. Olmedillo: Yes, this is a first reading. PZ-7, it is a comprehensive plan amendment. PZ-8 is a zoning change from a duplex zoning to a multifamily zoning and PZ-9 is an appeal to the Zoning Board's decision of granting a special exception for 222 residents, an A.C.L.F. for 222 residents. The application was for 248. The changes of the land use and zoning create a desirable buffer when you look at the transparency. The portion in yellow creates a good buffer between the CR-3/7 district, which is both on the north and on the east side of the property, and the RG-1/3, which is the residential properties south and vest of this subject property. The Planning Department, in the issue of the appeal, the Planning Department is recossmending that one person be assigned to each room, except when related by blood or marriage. The Zoning Board granted, in a sense, double occupancy to the larger roosts and they arrived at 222 residents. The application, as I said before, was for 248, therefore, you are looking at three different items. The one In the plan amendment, to which the Planning Department is recosseending approval; the zoning change, which is from duplex to multifamily, which again, the Planning Department is recosmending approval and the special exception, which the Planning Department In recoswending one person per room. The Zoning $oard has granted a double occupancy for the larger roosts, therefore granting 222 residents, so you are looking at three different issues. Mrs. Kennedy: Why don't we take this individually. Mr. bayoro PZ-7 is the one we are on. Mrs. Kennedy: Right. Mr. Plummer: Well, the only problem that you have is that 7 and 8 are really so keyed on 9, that if they don't get 9, and the way it is requested, is my understanding, that it does affect them back to the 7 and 8, as far as the occupancy is concerned as a feasibility. No? OR. Why don't you speak to 9 first. 7 and 8 is not controversial. Mrs. Kennedy: Right. Well, I move 7. Let's get them out of here. Mr. Plummer: Second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mayor Suarez: Sorry, does anyone wish to be heard from the general public against this item? Let the record reflect that no one stepped forward. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGH- BORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPER- TY LOCATED AT APPROXIMATELY 1720-1770 NORTHWEST 34TH STREET AND 1721-1757 NORTHWEST 33RD STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 18. FIRST READING: AMEND THE ZONING ATLAS OF ORDINANCE 9500, BY CHANGING THE 3.. ZONING CLASSIFICATION OF PROPERTY LOCATED AT APPROXIMATELY 1720-1770 N.W. 34 ST., AND 1721-1757 N.W. 33 ST., FROM RG-1/3 GENERAL RESIDENTIAL TO RG- 3/6 GENERAL RESIDENTIAL. Mr. Carollo: Move PZ-8. Mrs. Kennedy: I :Hove 8, second. • Mayor Suarez: Moved and seconded. , j PZ-B Any discussion? goes anyone wish to be heard on PZ-8? Let the record reflect that no one stopped forward. Road the ordinance. x. , f 1J 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 1720-1770 NORTHWEST 34TH STREET AND APPROXIMATELY 1721-1757 NORTHWEST 33RD STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO RG-3/6 GENERAL RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 19 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 Carollo and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 19. CONTINUE CONSIDERATION OF APPEAL BY THE ALLAPATTAH BAPTIST CHURCH OF THE ZONING BOARD'S GRANTING OF A SPECIAL EXCEPTION TO CONVERT TWO STRUCTURES LOCATED AT APPROXIMATELY 1700-1770 N.W. 34 ST., 1701-1757 N.W. 33 ST., AND 3300-3380 N.W. 17 AVE., TO AN ADULT CONGREGATE LIVING FACILITY. Mayor Suarez: PZ-9 now. Reverend. Rev. Richard A. Pankey: I am Richard Pankey, pastor of Allapattah Baptist Church. I am representing Allapattah ACLF, Inc. on this. One of the reasons of our appeal on the PZ-9 issue is in the zoning, we were given specific dimensions of rooms 11 feet 4 inches, 11 feet 5 inches, by 10 foot six inches, and so forth. In the existing building you have a bearing walls. It is going to be difficult for us to go by a certain room size. I'm asking the Commission with the diagram on the back page there, that I have given to you, that I would appreciate if we could give some type of minimum square footage. It is in the South Florida Building Code. That way we would know what we are dealing with. by original application is 268 residents. I did bring it down to 248, but we have the square footage for 268, with 130 rooms. The Zoning Board In going by the size of the rooms. If we could get this square footage, 150 square foot, which I feel is very adequate for that then, I would appreci- ate that we would know what to work with from there. The original application of 268 was with a... Mayor Suarez: But you are being recommended for 222 by... Rev. Pankey: The Zoning Board, and I am appealing that for 260. That's the f Mayor Suarez Vetter, what about the issue of the size, or Guillermo, the Issue of the size of the rooms in question. Mr. Olm-dillos Th Planaind Department has felt that the South Florida Build- ing Code is a piaLmm requirement, and elso the M.R.S. requirements ode 10 by 8. You have to .realize that a 10 by 8 room is almost a closet. Vhst we : are trying to provide are certain standards, norms, that people thst hove 401'0 follow so that people who live in them, because actually, people live in these rooms have a certain space in which they can move, therefore that is why we recommended that regardless of the size of the room, we have one person per room, so that they keep their privacy, except when they are related by blood or marriage. Mr. Plummer: Well, speak to the square footage aspect. Mrs. Kennedy: Yes. Mr. Olmedillo: Yes, the square footage specifically, as I said, South Florida Building Code says 10 by 8 is the minimum size for a room. If you put two people in a 10 by 8, you would hardly have... Mr. Plummer: Well, but 10 by 8 is eighty square feet, as opposed to what they are wanting to talk about, of 150. There is a hell of a lot of difference between the two! Mr. Olmedillo: Certainly. Mr. Plummer: I mean, well, what I am asking you is, 150 feet, which they are asking for, and the minimum is 80, why do you have a problem between the two numbers? Mr. Olmedillo: We have a problem because we don't really have a minimum... it is a minimum standard for a double occupancy room, and that is why we were addressing the problems from the standpoint of the people who live in it, if they are related or not, to share a common space. Mrs. Kennedy: Let me tell you the problem that I face with this. They are talking about putting two 1:^ople per room, and you know, while I understand that there is a need to creati more housing for the elderly in our community. These people are not senile, they are not infirmed. These are elderly people who cannot afford to live on their own. You know, and I think that they should be reserved the dignity to have their own room. Rev. Pankey: Miss Kennedy, we are dealing with type two "A" scale "F" resi- dents which means that they do have a legal guardian, and they are incompe- tent, many of them. That's in my application. Mayor Suarez: Incompetent in the sense that they are not able to fully provide for themselves. Rev. Pankey: Right. Mrs. Kennedy: And what percentage is that? Rev. Pankey: Well, that is what I am wanting to do, that's the whole purpose of the ACLF, so that they don't have to go into a nursing home. This is a step between the hone and the nursing... it is not a retirement home. Mrs. Kennedy: See, as I understand it. As I understood it, at least, they were just elderly people who could not afford to live on their own. Rev. Pankey: No, this is not a retirement type thing for the wealthy people or those who can afford it. We are wanting to met a need. Mr. Plummer: And believe me, that need exists. Mayor Suarez: And you can't... and I think this is the way the Vice -Mayor was heading, you can't hold them to a 150 square foot minimum. Vetter, that would not be acceptable? You can't hold then to 150 square feet minimum? Mr. Pierce: We could. Mayor Suares: we can't just create our own criteria in effect, or is that going to create problems for us. 4. Mr. Pierce: Yes, you can, This is a special exception, so the Canission is tree to impose any conditions that it feels adequately protects the public Interest and the interest of those who will be residing there. ,rt 30 Mr. Plummer: Well, let me understand. Pastor, what you are asking for, is to be allowed to have rooms that are 150 square feet without going into detail, minimum, and that is almost double which is the minimum requirement of the South Florida Building Code. Mayor Suarez: That's regardless of the number of occupants, now? Mr. Pierce: We'd have to go back and recompute the number of occupants that would be permitted based on that. Rev. Pankey: What if you got 130 rooms and you got a requirement of 150 for double occupancy, that is 260 people. Mr. Pierce: Well, I am glad you mentioned that, because we have to right here go on record that this application has been advertised and publicly noticed for maximum of 248 residents. If the applicant is at this point requesting anything above that number, and the Commission is desirous of considering that, then it must be deferred and re -noticed to be advertised. Rev. Pankey: Well, then say 248, that is 150 square feet. But, leave the 150... there needs to be some... there has got to be a precedent somewhere. Mayor Suarez: To clarify, Reverend, to clarify, it works out to 248 if you have 150 square foot minimum? Rev. Pankey: Easy. Mr. Pierce: Based on... I won't question the Reverend's mathematics, but I would also point out the staff recommendation was based on the needs of privacy and people who are still just supposedly on the ACLF regulations, only to require minimal supervision and these people are not bedridden and in need of medical services. If that were the case, it wouldn't be called an ACLF. It would be called a plain old nursing home. But, the idea of staff recommen- dation though, was a guarantee, or to assure that those people living there, unless they were related by blood or marriage would have their privacy. Mrs. Kennedy: Well, if you have such large rooms, can you put a partition? Mr. Pierce: I guess that is possible if the Commission wants to approve it that way. We haven't seen that. Rev. Pankey: We are talking about one step to the nursing home. Have you been in nursing homes where they divide the rooms? I mean, I have been in nursing homes in the City of Miami where they have four in a room. I'm a pastor, I visit them all the time. I don't want that, I am not pleased with that. Mr. Pierce: May I offer a suggestion here please. Item 7 and 8, which are ri related here are ordinances and were just approved on first reading. Item number 9 is a resolution which becomes effective immediately, as soon as the zoning changes 7 and 8 become effective. You could defer this item and ask the Reverend to meet with staff and we will review what he In proposing as changes, then we will come back. �i Mrs. Kennedy: Why don't we do that. I movS to defer. Mr. Carollo: That's where I was heading to; because otherwise I don't see it passing right now. r Mrs. Kennedy: Yes, I move to defer. l Mayor Suarez: So moved, and we should include a date of reconsideration, should we not?... next Planning and Zoning agenda? Mr. Pierce: Which is scheduled for October 22nd. to Mayor Suarez: So moved and seconded. Any discussion, call the roll. S The following motion was introduced by Commissioner Kennedy, who moved Its adoption: MOTION NO. 87-848 A MOTION TO CONTINUE CONSIDERATION OF APPEAL BY THE ALLAPATTAH BAPTIST CHURCH OF A ZONING BOARD'S GRANTING A SPECIAL EXCEPTION TO CONVERT TWO STRUCTURES TO AN ADULT CONGREGATE LIVING FACILITY IN ORDER THAT APPEL- LANTS MEET WITH STAFF TO REVIEW SAID REQUEST; FURTHER REQUESTING THE ADMINISTRATION TO COME BACK WITH A RECOMMENDATION FOR THE MEETING PRESENTLY SCHEDULED FOR OCTOBER 22, 1987. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. ---------------------------- 20. AFFIRM THE DECISION OF THE ZONING BOARD AND GRANTING THE SPECIAL EXCEP- TION AS LISTED IN ORDINANCE 9500, RS-l; RS-2, ONE FAMILY DETACHED RESI- DENTIAL, PRINCIPAL USES AND STRUCTURES, TO PERMIT THE CONSTRUCTION OF A STUDENT ATHLETIC CENTER FOR RANSOM EVERGLADES SCHOOL, LOCATED AT 3575 MAIN HIGHWAY; SUBJECT TO CERTAIN CONDITIONS AS TO HEIGHT, LANDSCAPING, ETC. Mayor Suarez: PZ-16. Mr. Olmedillo: PZ-16 and 17 are companion items and they are appeals to the special exception and variance granted by the Zoning Board. The first issue that comes up is the historic issue. There is a pagoda on the site.,. subject of this item and this pagoda was built in 1902 and it is one of (coconut Grove's most important historic sites. It was the most important building in the original Ransom Everglades School campus. The campus now contains numer- ous newer buildings, but the pagoda still retains a portion of its original setting. It is very important to maintain the integrity of the pagoda and its relationship to the bay. That relates directly to the issue of the gymnasium, which is what is the question before you. Mayor Suarez: How big is their pagoda that you are talking about? Mr. Olmedillo: The pagoda is a very small building. Mayor Suarez:. I have the idea it is something quite small. Mr. Olmedillo: Yes, sir. If you look... Mrs. Kennedy: I think it is 51 feet high. I read that somewhere. c Mr. Olmedillo: If you will bear with me, I will show you the destination report. !Mayor Suarers How is that related to the gymnasium, then? Hr. Olmedillo: Vhen the Historical Preservation Board reviewed., the. Ase of R x the pagoda, they feat that there was a close relatLcaship t�e4a the Vay..glA the pagoda, that is, the pagoda should have bees seep► trap the bat!. +mod. thlrt� sbould be an 1"air�ed view Crow the pagoda towards tb4 boy! the ppl cpr the. Hansm Ivergladed people have applied and tboy were opplp*0+4.0 t Board to have a variance and a special, exception to place''p,R +l i so spar y p" �r 1 a + Z Y• variance speaks to the issue of height. There is a height limitation of 25 feet in the district. They have requested a higher elevation and 1 will show you in the transparency. The flood plain elevation is this line, blue line that you see here, and this is the total elevation of the building. The height and the district is 25 feet from the flood plain. The variance that was granted upon the basis -of the fact that the tournament criteria for a gymnasium is 30 feet clearance and that is taken from this point here. Then, since the gymnasium itself has to be free of columns, the structure itself takes 8 feet and 2 inches and that, when you put it above the spaces that are needed, underneath the gymnasium itself, under the floor itself, which is mechanical rooms, storage and vault, then you end up with fifty-six seven from D.E.R.M. elevation criteria, which is six floors over the natural floor elevation, but it is 42 feet from the flood plain elevation from which it's the reference that it is taken so that you measure the elevation of the district, that is if the 25 were taken from fourteen five, fourteen zero, I mean, that would be 29 feet... 39 feet, excuse me, from point zero, so we are talking about 56 - even minus fourteen, which is the elevation to which they are taking the building, as compared to another building in the same residen- tial district. Mayor Suarez: Is there any other building in the same residential district could be how high above the flood plain criteria? Mr. Olmedillo: It would be 25 feet, sir. Mayor Suarez: 25 feet. Mr. Olmedillo: Right. Mayor Suarez: And this one works out to be 42? Mr. Olmedillo: 42. I believe the appellant has the floor now. Mayor Suarez: Yes. Mr. Lee Schillinger: Mr. Mayor and members of the Commission, I am Lee Schillinger, attorney, with offices at 2550 Douglas Road, on behalf of Mr. and Mrs. Weiss, who are also here with me. Mayor Suarez: You, of course, are registered, Lee, knowing your legal abili- ties, right? I am sure you've complied. Mr. Schillinger: I have, and I have also registered on behalf of Mr. and Mrs. Weiss, for this matter, as well as being already registered. The first thing I would like to point out is there has been some communication between an architect on behalf of Mr. and Mrs. Weiss, Mr. Geraldo Selman, and some t architects employed by the school. There never was a completion of discus- sion. I'd like to show you an aerial photograph of the property and the F subject matter of the incomplete discussions was where an alternative location could be for this structure, and as you can see from the photograph, it Mkt appears that there could be numerous alternative locations, since there is vast open space and vast areas... Mayor Suarez: Lee, could you point on the photograph the site in question, the pagoda and the proposed gym? Just so I can see, , it must be on there, obviously. Mr. Schillinger: Here is a brown roof, near where I am holding my finger at this point. That is the pagoda. That is the building around which the school has based its claim of a special hardship and need for the location they have selected. The property, the house and pool, which are further down o,, the photograph is the house owned by Mr. and Mrs. Weiss, and the location where T the building is proposed is where the pool and tennis court area is, and particularly where the pool is. As you can see, that is contiguous ,to the property owned by Mr. and Mrs. Weiss, They are in fact, the individuals who tW are most affected by this, more than any other member of the cotpmunity,of the City of Miami. The area that is owned by the school, as your can`see, :is k quite large: It in a very large tract of land. Then* is substantial buffer- ing area to the north. There is no buffer area next to the Weiss property, and so, I Mould ask that you defer this matter, my, first roqugst, tp ,#Alta►. the. r architects to finalise some Ney by which this, building oan,be coufLucud�,ths Rchool can have the use of it, . and the Wsiss's erg Rot .ua badly iuf!R+i becaaae, ,certainly that's the'soiution to the problw. �r .,ih ,,ffi� a Mrs. Kennedy: Let me ask - you say that it is going to be where the pool actually is. Mr. Schillinger: I understand... Mrs. Kennedy: So they are going to give away the pool. Mr. Schillinger: Above the pool area. They are going to build... Mrs. Kennedy% And cancel the pool. Mr. Schillinger: Well, no, they are going to build... Mrs. Kennedy: Well... Mr. Schillinger: Is it next to it, or... it is above itt Above it, and where the tennis courts are. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Let me ask a quick question. Does the... Mr. Traurig represent- ing the school, do you have an objection to a deferment? Mr. Robert H. Traurig: We have a very great objection. The school... Mr. Plummer: I just... I thought maybe we could short-circuit it by if you agree to... Mr. Traurig: We have a very great objection. I think the record ought to reflect that we don't own the property north of where those tennis courts are located. Mr. Plummer: OK, excuse me, let him finish his presentation. I just thought I would short circuit it if in fact that you were in agreement to a deferment. Go ahead and finish your presentation, sir. I would like to hear what would be accomplished by a deferment, if in fact you feel that there is a compro- mise, or middle ground. Mr. Traurig, representing the school says it would be detrimental, so let's hear why you want the deferment and what it would accomplish. Mr. Schillinger: The purpose of the the deferment is to allow the architect... at the hearing before the Zoning Board, it was made clear that in fact, communication had not been had between Mr. and Mrs. Weiss, or their representatives and the school, and a statement was made that Mr. and Mrs. Weiss were just opposed to this. The f act is, they are opposed to that location, but not to the idea of the school having a use, as long as it is not located immediately next to their property. As I said, there is a very large buffer area that really, if the building is relocated to some other. area an this property, there are buffer areas in all directions, except at the very site where the building has been proposed. The site that has been proposed is the site that has the most direct impact on any other property owner of developed property and is probably the worse site that could have been select- ed. I would point out, and I would like to introduce into the record, so that the record is clear as to the rights. There is a deed that I have, which was recorded May 310 1973, by which Mr. and Mrs. Weiss, through their corporation, J.A.Z. Properties, Inc., took title to the property and I would also like to Introduce into the record the documentation obtained from the National Register of Historic Places, indicating that the building known as the Pagoda was not declared to be a National Registered monument until July of 1973, ,: which was after the Yeisses has already taken title to the pruperty. .s Mayor Suarez: now does that affect, if I may interrupt you for a second, Lea... how does the historic monument issue affect this determination at all?- Mr. Oloadillo: The Historical Conservation... the H.C. Board found that-. the ; location of the gym was the most appropriate from the standpoint :of the historical preservation of the pagoda. Mr. Plusoaer: Teo, but the argument be$ to be that if they Vsrs Prot4CUA$ 00 ' y pagoda, rhl► aa'ea't they protect Lag 'the neighbors! That.bad tQ-_b! tiM, 14rrAw pest. - And how do you address tbatt ?bey - have a rssoonspio _<y1Sbt to 'e e - their property be protected in the same way that the Historical Board wants to protect the pagoda. Mr. Olmedillo: That's why it's before you, air. Mr. Plummer: Thanks. Mrs. Kennedy: Good question to, Mr. Traurig - Bob, is that property that he pointed out adjacent to the bay? Did the schools - does it belong to the school? Mr. Traurig (Off mike): Are you talking about this property, Commissioner? Mrs. Kennedy: Uh huh. Mr. Plummer: Yes, that's ------- Mr. Traurig: Yes, but not this property. Mrs. Kennedy: Right, OK. Mr. Schillinger: The undeveloped property, for the record, the undeveloped property is what Mr. Traurig is not owned but the big field area is owned by the school. Mr. Traurig: And I'm not making my presentation now, but you asked about the pagoda, this is the pagoda and the issue is the unobstructed view from the pagoda to the bay and from the bay to the pagoda. Mayor Suarez: So to maintain the unobstructed view, you would need to have the - this kind of a structure on the other side of the pagoda so that it would not obstruct as far as the - any other view from the ocean is what the argument is. Mr. Plummer: Mr. Traurig, I've been asked would you please put your last comments on the record so that they can have them. Mr. Traurig: So that the record would reflect this that my name is Robert H. Traurig, I'm an attorney with offices at 1401 Brickell Avenue. I was merely pointing out, number one, that the property on the north side of that aerial photograph is not owned by Ransom -Everglades School. I pointed out also the location of the pagoda which is immediately south of the heavy line of trees on the north side and that the issue before the Historic Conservation Board was the unobstructed view from the pagoda to the bay and from the bay to the pagoda. Mr. Carollo: Bob... Mr. Plummer: All right, I have one question. Mr. Traurig, if there was no restriction by the Historic Board, would the school have an objection to putting what I visualize here, the gym over the tennis courts? Mr. Traurig: I think that the answer should be given by Commissioner Valdes- iauli who is the president of Ransom -Everglades and I would call on him for that. Mr. Plummer: I'll hold this until gentleman's finished. Mr. Carollo: My question is this, Bob. Is there any possible way that°the E school can come to a compromise with the neighbors they have next door so that you could come with some compromise that you're happy with and the neighbors are happy with? Mr. Traurig: I think not, Commissioner, -and let me explain to you that we appeared before the Historic Conservation -Board and also the.Vaterfront-49ard and their recommendations .as well 4a :the recom udation. of .your pla" as i department# is that the public interest, would be served only by.keeptng,that unobstructed view of the.bay. It you're asking -can the gymnaRim be ph +ail= iy moved,, the: answer., ,of .course. ,is yes..::. Vrols an arohitestural-aid standpoint, it cotiid be. tacwed. TAst .largo ,STOOD are& t"t ,�o1i Fn�; by, thus �Itlr If *-football field. The.. an17:49c+ation -fit could, possibly . be +►n ��tn ate►a► looatios would- be %hot 19coti=on whore ohs te�auls' smarts are'= +ae+ d.. t bit x, 35 would negate the intentions of the Historic Conservation Board and its recom- mendation. Mr. Carollo: My other question to you is the following. As I understand it, the only issue at question here is the height. Mr. Traurig: There were two issues. We had to ask for a special exception to modify the previously approved school campus and the second issue is the variance as to height, yes. Mr. Carollo: Legally, what is the maximum height that you can build now there? Mr. Traurig: As has been indicated, it's 25 feet above... Mr. Plummer: The flood criteria. Above the flood criteria. Mr. Traurig: ... the flood criteria. Mr. Carollo: Which means that how many feet above the legal limit is Ransom requesting to build? Mr. Traurig: An additional 17 plus feet. Mr. Carollo: An additional 17 plus feet. Mr. Traurig: But I think that when you hear our presentation, you can under- stand a little bit more about how that doesn't impact on our neighbors. Mr. Carollo: How close is that building going to be feetwise from, for instance, their pool or their house? Mr. Traurig: I believe it's - let me ask the architect the exact number of feet that the tennis court - that the gymnasium is set back from the property line. Mr. Doug Tilden: My name is Doug Tilden, I'm the architect for the project and my offices are in Coconut Grove. Mr. Plummer: Have you registered as a lobbyist, sir? Mr. Tilden (Off mike): Yes, I have. The building set back 25 feet from the property line which is 5 feet in excess of what's required. The linear distances from his house, or from his pool, I think can best be shown on tit_ -N photograph. Mr. Weiss's house is located here adjacent to --------- Mayor Suarez: Can you grab the little hand held mike or... Mr. Tilden: Thank you very much. Mr. A Mrs. Weiss's home is located here, _ their pool is located here, the gym Mould be located at this point so that there is considerable distance from the edge of their home. If you were to take the football field as 300 yards, you can see that there's some 150-200... Mr. Traurig:, Three hundred -feet. rd Mr. Plummer: Three hundred feet not three hundred yards. Mr. Tilden: I'm sorry, 300 feet, 300 feet. You can that there's a similar distance in terms of that as a measurement. You can see that we're 200 feet ' ,w from the edge of the gymnasium to their home, but the gymnasium sits back 25 feet from the property line and there's very dense landscaping screen. One 1- point that I would like to :sake, if I may, the gymnasium is sized in its footprint as small as it can possibly be and properly accommodate two courts and proper emergency egress from the facility. If the facility were to be placed here, with the required 25 foot set back from this side of the proper- ty, I Mould like to make it very clear that the only site that I discussed with the architect that represented the Weiss's was this site. No other sites were discussed in that meeting. I made it very clear to them at thstyttle that if we were to locate the gym at this- point, we woui4 ossemt1a11y b Mel l lag - 9f f our own view to the bay Meause the building Mould 'b! #rdl tbis - point to We, point and the 'eat Iro ` int*ratIon, of` the, shore Its* ardim4009 ,Md the shore iimc aravle+r of protecting vlsws through, aid to the bay, wouto bo obviated and the school would be blocking;of# its own view t9 tom. �5 vg . { mot Mr. Plummer: Yes, but isn't that their own - isn't that their contention that you're blocking off their view? Mr. Tilden: Well, we are not blocking their view, Mr. Commissioner — Mr. Plummer: At 51 feet. Mr. Tilden: ... because they have a view all the way to the bay. They do not have a view in this direction because of the landscaping screen. Their view is directly to the bay, unobstructed by the construction of our building. Mr. Plummer: Are you not - let me explore one other area, if you went over that first tennis court where you say they're the only thing that you dis- cussed, OK? You've got to go up 12 feet. Mr. Tilden: Fourteen four, flood criteria, that's correct, that's correct. Mr. Plummer: OK fourteen feet. And that's got to be open area. Mr. Tilden: Well, we have been fortunate in that the area below the gymnasium is going to be utilized for locker rooms in a flood proof structure. We have worked everything out with Durham; flood proof structure, the entire lower level of the gymnasium is going to be utilized, locker rooms, storage, etc. So essentially what we've done is in order to preclude having the building even higher, which we realized was problematic, we worked with Durham, we worked with the City, we worked with the County to utilize all of that area below the gymnasium floor, locker rooms, wrestling rooms, things of that nature that are the support functions for a gymnasium. Mr. Traurig: Commissioner... Mr. Dawkins: Let me ask a question. Near the end over here - yes, right in there, what's in there? What's those little houses in there? Yes, right in there. Mr. Tilden: In this area, Mr. Commissioner? Mr. Dawkins: Yes, um humm, what's that? Mr. Tilden: This is just football bleachers, mangrove development obviously... Mr. Dawkins: All right, then the foot... Mr. Tilden: ... and then this little building right here is the little s building that's utilized during football games. Mr. Dawkins: All right, if you move the football bleachers behind the tennis courts then when there's no football game, then the view from the pagoda would k not be blocked nor Mould it be from the bay. Is that correct? Would that be a correct statement? Mr. Tilden: If we were to place the building where, Mr. Commissioner? Mr. Dawkins: No, no, if - I don't know, I'm not talking about the building yet. OK? I said, if you were to move the football bleachers, OK, yes, up on s the side of the tennis courts, - the upper back to - no, right in there and turned theta up and down and not across... Mr. Plummer: Facing the water. Mr. Dawkins: Yes, facing the water, would that block the view of the pagoda... Mr.. Tildent Of the pagoda? Mr. Dawkins: ... and the bay? !!r. Tilden: To some extent, but pleas*, please let me remind you that the border of the football field# from an environmental standpoint, to totally rod -R lined: Our extra points go iuto.thezboy as an example. ti f �eptmbert� aixi ��•-4�rQ' .:ate .,.�::ze.c. .,.�� ,� rr-.;e ?,.. r „., � _ r .�:.':3�j'�""��"-"-v�.�.s��Pr;as's4.t�t'��.��' 0 0 Mr. Dawkins: So we put up a net like the Dolphins and so I can't catch fast. Mr. Tilden: You're right. Mr. Dawkins: OK, no problem. Mr. Tilden: But, we can't move the football field because it's the size of it is right at the edge of the mangrove development. Mr. Dawkins: OK, all right, what's over in that little corner up at the top where the white things are, what's that up there? Mr. Tilden: Well, you can see some of the rock that is in the bay. Mr. Dawkins: The little white - yes, right in there, what is that? Mr. Tilden: Those are birds. (Laughter) Mr. Dawkins: Is that a part of the football field? Mr. Tilden: Yes, sir, the football field - the goal post is right here and the football - the end zone is in - technically, the end zone is a few inches into the mangrove development. Mr. Dawkins: All right and it goes flush up with that wooded area? Mr. Tilden: Yes, air, there's the edge of the football field. The edge of the football field is right at this point; trees overhanging the football field in some instances and... Mr. Dawkins: And you could not put the gymnasium and locker and etc. under the bleachers as they do somewhere else? Mr. Tilden: No, sir, there's clearly not enough room. Mr. Dawkins: Why not? Mr. Tilden: We're talking about 30,000 square feet of facility; i5,000 square feet at each level that takes a footprint of this entire area. If we doubled that footprint, in all due respect, there is no way that we could fit it in that area. Mr. Dawkins: Then if you did not get the variance then you had to cut it in half, you would have to do something, right? Mr. Tilden: If we did not get the height variance, we would probably not be able to build the gymnasium, that's correct. Mr. Traurig: May I call to the attention of the Commission, even though it's not appropriate for us to make our presentation at this time, that the trees that separate our property from the property of Mr. & Mrs. Weiss, are higher than the gymnasium. Mayor Suarez: I was going to ask, how high is that landscape here? Mr. Traurig: The trees - I think that exhibit that Mr. Olmedillo showed you =_ show that the trees are higher than the.roof of the gymnasium. Mayor Suarez: OK, those were the trees... OK. Mrs. Kennedy: I was looking, Mr. Mayor, at some plans they have over there. I notice the budding, the math and science building, I believe it is, can you tell see bow high that is and where it is in relation to your property?, Mr. Olmedillo: Miriam Commissioner, in the plans they have SS toot and 3 Jaches for the matb building, r ilrg.. Kennedy (Off mike): Y11ty=three? ' Mr. Olmedillo: Fifty-three and 3 inches, 53 feet and 3 inches. Mr. Tilden (Off mike): It's essentially three feet lower than we're closing for the gymnasium so in essence, the two buildings are the same height. We're proposing that above mean sea level, the gymnasium structure be 56 seven; the existing math -science building above mean sea level is 53 three. So essen- tially, there is an existing building on campus even closer to Mr. & Mrs. Weisses home that is 53 three. Mayor Suarez: Do you want to finish your presentation, please. Mr. Schillinger: I would ask that you hear from Mr. Salman who will also tell you about the discussions because I'm - the presentation right now is to my request for a deferment. I also want to inter... Mayor Suarez: Well - or your appeal. Mr. Schillinger: Or, OK. Then I - I'm sorry, I was just directing myself originally to my request for the deferment. Mayor Suarez: I think Commissioner asked about - maybe Commissioner Carollo asked about the possibility of working out some sort of a compromise and I so far hear, at least from one side, that it doesn't look possible, but no one has made a motion to defer at this point so you're just presenting your own appeal. Mr. Schillinger: OK. Mr. Mayor, I would like to introduce two photographs that... Mr. Jack Weiss: If I may. Mayor Suarez: Counselor. Mr. Weiss: Well, I was under the impression that we are in a motion to defer and, unfortunately, Mr. Salman wasn't here to testify as to his discussion with Mr. Tilden with reference to other arrangements. Mayor Suarez: We'll hear that whenever you want to go ahead and make it. Complete your presentation, then we'll hear the opponents. Mr. Schillinger: I want to introduce two photographs that were taken from the area of the pagoda looking east towards Biscayne Bay and... Mayor Suarez: The area of the pagoda and looking east. OK. Mr. Schillinger: The area that you have been told that the reason... Mayor Suarez: Straight out to the ocean. Mr. Schillinger: That's correct. Mr. Plummer: To the bay. Mr. Schillinger: That you have been told that there is a need for the loca- tion of the building at the proposed site because of the unobstructed view of Biscayne Say. } Mayor Suarez: That's what we have been told. Mr. Schillinger: I would like the clerk to please mark the exhibits and pass them out so you can see the totally obstructed view. That you cannot at all see Biscayne Bay from and, in fact, what has been suggested is nothing more than a fiction that is not in reality unless you have the benefit of a photo- graph and that's why we have brought that. Additionally... Mayor Suarea: Isn't the ground sloping up all the way up to the pagoda fy the bay? Hr, Veto*; Not much. Mayor Suayea:. Not much. 4ptyi ��' T� .:� t'k?>;{¢_.a„•.k.. _ _ ..... t . __ scxw ��s':;4r+�.^'ih+S1AY.�.�+'fi'r�"„'�r�?'v_4�'f�,ed�.�it'3:`� _ - Mr. Weiss: No. Mayor Suarez: What is blocking the view then? Mr. Schillinger: First of all, there's a line of trees over here and... Mayor Suarez: How high are those trees? Mrs. Weiss (Off mike): Less than 25 feet. Mr. Schillinger: If you take a look at the photographs of the - would you please pass... Mayor Suarez: I thought those were mangroves now. Mr. Schillinger: Basically, the view's of the tennis courts and the football field and not of Biscayne Bay. The view of the trees and the area from the Weiss home has been represented to be one that is totally obstructed by trees and therefore you cannot see the sky and you cannot see open area. I would like to offer into evidence for your view, this photograph which is taken from the Weiss home which shows the view - it's a typical view from their home in the direction of the proposed area of the building. And as you can see, the trees do not obstruct the view of the open area. What will be - you can see the basketball court, in fact, through the trees. With a building there, it will be totally obstructing the air space which is next to their property. Mayor Suarez: Can't see too much of the basketball court on here, but... Mr. Schillinger: That's true, you can see more of the air space that will be nothing but building wall if the building is allowed to be constructed at the site that's proposed. And, I would ask that... Mayor Suarez: I not sure about that in view of the height of the landscape there but... Mr. Schillinger: I would now ask the Mr. Gerardo Selman testify as to his proposals and explain to you why I have requested that there be a deferment for further study by the architects. Mr. Selman. Mr. Gerardo Selman: My name is Gerardo Selman. I am an architect. My address is 1312 Coral Way. I discussed with the architect, Mr. Tilden. I discussed with him for a very - almost all morning - and then we went to Mr. Weiss's house to observe from the side what the building effect would be on a the property that Mr. Weiss own. At the time, we even went to the highest floor of Mr. Weiss to take a view of what the obstruction would be to his property if the building was going to be erected at the site proposed. We discussed with Mr. Tilden also the possibility of having a flip over the >` property - the construction to the other side of the property and he object... Mayor Suarez: Having a what over the property? Y- Mr. Salman: Flip over to the other side of the property, the construction !Mayor Suarez: Where the other tennis courts are? � Mc. Salmon: Yes, sir. Where the Lanais court are and... !Mayor Suarez:- OK, these are basketball courts, you know, 'those are tennis �. courts. lir. Salmon: And he objected to it since it was to his best abilit_r. it Mould be detrimental to his project.. Further on, we discussed about torntng around the basketball court and having it some other way and the discussion didn't go turthe'�because he was very firm that the situation he had there was the beat so 1 didn't see any point of progressing discussion with someone that alrssdy has h,la study for six month, that half "4i op his mlad-that 'that ;:bas tie beet way, to' do it. Obviously, from Mr.' Weids's house, there is two lines.'af hi" {; trees both sines of the ono. Those Ines of high tress are very wali .kept and Maintained and there!* a screen but is s open screen for the ' atlaiight.:Ao go to his pool and to go to his property. The high building that Dr. Tilden was discussing about is this where's I am pointing with my finger. This one here; Mr. Weiss's house is here. As you can see, they are more c:. less at the same distance from the bay, being the school building about 30 or 40 feet a little to the bay. All the streets from the air, as you can see, seems like a impregnable wall but there's not... Mayor Suarez: Looks like a buffer from here. Mr. Selman: Yes, but it's not that way. As you can see... Mayor Suarez: We naw one picture that indibated some penetration of sunlight. Mr. Selman: Yes, it's kind of transparent at the bottom of it in the tree as all trees grow and they expand on the top and the picture that you have in an aerial is the top where the trees are expanded and put together one with the other. At the side where the basketball courts are, if you have a building erected right there, the property, of course, will be for Mr. Weiss a detri- mental location. And I think the deferment is to have it studied back to the other side of the property. Mayor Suarez: Anything else from the appellant? Mrs. Kennedy: Let me ask another question. Mayor Suarez: Madam Commissioner. Mrs. Kennedy: I went back to look at the plans one more time and see if there's a Solomonic way out on this. Let me just try the other side. Do you have to have a maximum height? Does Ransom -Everglades need to have a maximum height on the building. Where is Bob? Mr. Traurig: The minimum height, Commissioner, is the 56 feet, 7 inches that we have requested and we can show you that very simply mathematically starting with the 18 feet. 7inches which is the first floc below which there is some infrastructure and then the 30 feet for the height for the basketball and volleyball and then the height of the trusses that you saw which are 7 feet 2 inches. It was called to my attention by someone familiar with this that perhaps we don't even have 7 feet 2 inches because since it's a sawtooth arrangement, it's the average height between the top of that 7 feet 2 inches and the bottom so it's really 3 feet 6 inches on an average. So if you deduct 3 feet 6 inches, maybe we don't have 56 feet 7 inches, we only have 53 feet which is identical to the height of the math -science building which is direct- ly north of the house that Mr. & Mrs. Weiss occupy. Mayor Suarez: Why does the sawtooth structure or shape give you the ability to average as opposed to just taking the maximum height. I don't get that. Mr. Traurig: Perhaps Mr. Olmedillo should answer that. Mayor Suarez: Is that in the code somewhere? Mr. Olmedillo: Yes, if I may, the ordinance reads when you have a sloped -" roof, you take the average height. Mayor Suarez: Anything more from the appellants? Mr. Schillinger: Yes, he... I wanted to hear from Mr. Weiss and Mrs. Weiss. I wanted you, as you listen to what they have to say, to have the ability to see the photographs which have been introduced into evidence and to consider the fact that there are two requests that are before you. One is for a special exceFtion which requires that you find that what is being requested is good for - is at a location that is good for everybody involved in tbe_cpmmµ� pity. Before you hear from Mr. & Mrs. Weiss, I would ask that you ploose ask all other neighboring owners of real property who are affected by thia.to raise their hand. Mayor Suarez: I presume the indication is also that that when you say you!ro w affected - when you asked them to raise their beads if thley'ref;fotlA� that mesas that they're opposed too presumably. ry, 4 yfi �r q 4 } _- Z 41 rt IF, - Mr. Schillinger: I don't know whether they're opposed or in favor but I wanted you to know... Mayor Suarez: Thank you. Mr. Schillinger: ... that of all the people that are here, the only people that are actually affected by this in a daily circumstance that they have to live with, are Mr. & Mrs. Weiss the most directly involved and the other individuals. Mayor Suarez: Lee, you know I have a little problem with that picture. You cut off the actual focus before you got to the top of the trees, it would have been better - can you tell how high that picture takes you from ground level? Mr. Weiss: It's approximately 22, 23 feet height altogether. That lamppost there is ten. Let me see, there's a lamp post... Mayor Suarez: So it would have been helpful to take it all the way up to the top of the trees because you cut off the trees. Mr. Weiss: Yes, but it's approximately 22 feet high and the building would be 59 1/2 feet high, I believe. Mr. Schillinger: The purpose of the photograph is so that you can see the view that somebody at ground level which is where the Weisses are... Mrs. Kennedy: I have been in their house many times and it's one of the most beautiful properties that we have in the City. Mr. Schillinger: And I wanted you to see that because all of the diagrams and in prior presentations, all reference has been made to the fact that these trees are so full that it's impossible to see out through them. Mayor Suarez: Let me just clarify one point, at that ground level that we see there, Guillermo, Walter, anybody, ground level that we see here on this picture corresponds to what level on the other side roughly? Do we have a drop off or are we, where is ground level on this side compared to the Weiss side? Mr. Olmedillo: This will be ground level. The fourteen, it's the flood criteria from which you take all the heights for buildings. Mayor Suarez: And the ground is pretty much the same level on both sides of the property line? Mr. Olmedillo: By visiting the site, I think it slopes towards the bay... Mrs. Kennedy: It does. Mr. Olmedillo: ... but from one property to the other one, I don't remember that it slopes very much. Mr. Schillinger: I would ask that Mrs. Weiss first of all confirm the state- ments that I have previously made to you concerning the ownership and the deed and that she explain - lives there on a daily basis why she is in opposition to the 56 foot building being located there. Mrs. Caroline Weiss: Commissioners, Mr. Mayor, my name is Caroline Weiss and I live at 3187 Royal Road with my family and we have been living there since 1973. I'd like to bring the attention to the Mayor and the Commissioners: that the two persons that we saw raise their hand that is affected directly-by.this property. One of them to a neighbor and the other one just became a neighbor. All of the other people that's representing Ransom -Everglades School here not only is not affected. by the property but they don't even live In the City of Miami. I'm glad to see them bore and I welcome them to the, City of Kjami because It we -were to ask to their raise their hand, how many 3s, hose repro- seating Ransom -Everglades and how many of them live in the City of Miami, and I doubt we will sse any hands going U1. 1leyor Suarez: OK, those that, ars. hers on behalf of Ransom-Avdr%lddos # pl$C'Ir %ion who live in the city o#.,"iemi, would yob reuse your hand*. f r 42 7 AZ Mrs. Weiss: Live in the City of Miami. Mayor Suarez: Now, you know we have a way of telling from your hands if you really live in the City of Miami, so don't be cheating on us here. (Laughter) Mayor Suarez: Thank you. Mrs. Weiss: We bought this property in 1973 and if I knew that this property would have in excess of 56 feet or 6 stories which we can easily more recog- nize than discussing in feet, we would not have bought this property. Too we talk about the pagoda and the historic site that it is. I'd like to bring the attention to the Commissioners and the Mayor, or the Mayor and the Commission- ers, this property was built by Alfred Browning Parker which is a protegee of Frank Lloyd Wright and this home has been the national home of the year three times in the United States. Also, it has been documented as one of the exquisite and distinguished and historic homes in Miami for the Bicentennial Year in 1976 and it is recorded in hard cover with 19 other homes in the State of Florida. This property I don't think that we bought it so that we could speculate with it. With all of the hardship that we have we find it difficult to pay $24,000 in property taxes which we are presently doing and if we have to pay $24,000 in property taxes and have to face a wall that's 130 feet long in excess of 6 stories high because each story is only 8 feet so we talking almost 7 stories high that we will be having to face together with 130 feet long. I want to apologize if I seems excited, that's because I'm directly affected and we are the only one that's directly affected here. There is a lot of property that the Ransom -Everglades can put their gymnasium at. We talk about the pagoda, there is no one in the City of Miami visits the pagoda or take a look at the pagoda nor is allowed to enter Ransom -Everglades to look at the pagoda. Yet, our home is visited daily by the University of Miami students of architecture to study the architecture that is there on a daily basis, especially on the weekend we allow all students to come in and look at the architecture because of the spans of concrete and the style of architec- ture that it is developed there. I would like to move against that this building not be built where it is since they have a lot of other space to put their structure on it. Mayor Suarez: Thank you for your presentation. That's it for the appellant? Jack? Mr. Weiss: ....I don't on the deferment, no. Mr. Schillinger: Right, do you have anything else to add... Mayor Suarez: Va've been hearing the merits of the entire case. Mr. Weiss: Well, the only other that I would like to call your attention to Is this view that we presented a while ago. Insofar as obstruction is con - corned, it's clearly obstructed on the bay. The area that we're talking about Insofar as placement of the building with some slight modification discussed by the two architects, Mr. Salmon and Mr. Tilden, which requires more discus- sion because it looked like it would be going somewhere that would solve the problem placing it on the east side. This is the east and this is the Kest side. Placing on the east side with the tennis courts which are as I say, being repetitious, do already obstruct. Mr. Schillinger: Are the photographs accurate? Mr. Weiss: The photographs - I'd like to testify to the accuracy of the photographs with the exception of the one taken from the air because I wasn't on the helicopter at that time. Mrs. Weiss: I'd like to point out the landscaping that In there is mangrove landscaping and I have yet to see any mangrove landscaping, natural mangrove landscaping, that is as high as 60 feet. These landscaping that -you pop is loss than 25 feet, Mr, gcbillinger: The only other thing that 1 would like to add` at ti►A' pte sAt time is that we believe that the request does not meet =the JoSel'` st nderd.R that are required for a variance. We believe that any hardship tut : enlists 'ig self created and certainly was created after Mr, h Mrs. WOW required oMAO�'� 43 popt+sbeT tl, -148 w s ship of this very particular and as Mrs. Weiss has explained, very unusual property and we believe that the rights of Mr. & Mrs. Weiss and of their property have not been given sufficient consideration and that the very purpose of your ordinance is to protect against the type of restrictions on height, the type of aggravation of the air rights that will exist if this building is allowed at the location that is suggested. it is for that reason and because the fact that Mr. & Mrs. Weiss are not opposed to the concept, but only to the location, that l would urge a motion for deferment be allowed, that it be made and adopted and that the school be instructed to meet with Mr. & Mrs. Weiss and their architect. Mrs. Kennedy: But haven't they met already? What are you going to accomplish... Mr. Schillinger: Only one time because the school has taken the position that their rights are superior to the rights of Mr. & Mrs. Weiss and that they have - Mr. & Mrs. Weiss were not given notification of other hearings, the school has had a number of different meetings... Mrs. Kennedy: Wait, wait, wait. Hold on a second, why weren't Mr. & Mrs. Weiss given notice of other meetings or of all the meetings? Mr. Schillinger (Off mike): You weren't given notice of historical... Mr. Olmedillo: We believe that all public hearings were properly advertised. Mr. Schillinger: In other words, the only notice that was given was through public advertisement even though there was a direct effect on very unique property, that owned by Mr. & Mrs. Weiss. They were never given notice of the meetings. The first time that they received notice of a meeting related to the zoning board, not to the historical preservation meeting or the other meetings, there... Mr. Dawkins: Counsel. I think counsel for them said that they were not 1 interested in changing their position. I think, now I could be wrong. So now, if they have stated that they are not interested in changing their position, what good is a deferment? Mr. Schillinger: I would hope that by deferment it would be an indication from the Commission that you believed that the best interest of both parties could be worked out by some kind of amicable settlement rather than requiring a ruling at the present time. Mr. Dawkins: Well, I think you should be spending your - I mean, me, person- ally now - you should be spending your time convincing me why I shouldn't vote for it because he's already said he's not going to change his mind. So why should I defer it? So show me how I should not vote for it. Mr. Schillinger: You should, under those circumstances... Mr. Dawkins: Yea. t4 Mr. Schillinger: ... you should specifically not vote for this because the school does not have a hardship which they have not created and their request for a special exception it is necessary that they be approved as a special exception in order to expand the use and they are attempting to put this building on the property at a place which causes direct harm to the property of Mr. & Mrs. Weiss. The photographs which we have introduced and the aerial photograph shows you that, in fact, there are other available areas which would have less direct impact on any other property owner in that vicinity, especially any other property owner that is a resident and for the purposes of a special exception, 'you are required to weigh the various effects on the property owners that are directly affected, on the public that is involved and there is an alternative that will allow the use which the school is request - tag, which is the public's interest, so that they don't have to be denied if e` It's in a different location. but there is no way that location at the site that is proposed cannot cause direct injury to Mr. & Mrs. Weiss." Therefbss when you put this into a scale, for the purposes of the special ecaptQ�►,°`ttia Injury to Mr. & Mrs. Weiss far out weighs the public good ,-bc6sus0 'tide ' publis good, as they may, can be accomplished elsewhere on .thin praporty `vitMaut =. pausing injury to Mr. & Mrs. Weiss or any other resideuttal over -sud is school is advising you that they absolutely refuse tp ' do ojiythiwt'"'w r 44 &eAte r :9, : MY:`}�� they have proposed. I suggest to you that the school's needs are not the issue tonight. The school would like to tell you that their needs are an Issue tonight and that this is a vote for the members of the public that attend that school. That is not the issue and the reason that is not the issue is because there are other areas of property where this building can be located that the school has elected not to seek the building to be placed. That is an election made by the administration of the school and you should not consider any theories, any arguments that are made as to need of the school because the school has given no consideration to the needs of Mr. & Mrs. Weiss. And that is the issue for you to consider here on this appeal because the school has alternatives that they have made their decision on and if you vote against the school, it is not a vote against needs, it is a vote against the decision that was made to not compromise with Mr. & Mrs. Weiss. Mrs. Kennedy: No, but it is a fact also that the school needs a gym. Now I'd like to hear what they have to say about the other alternatives. Mr. Weiss: May I add just one more item if I may. Mayor Suarez: Mr. Weiss. Mr. Weiss: Respectfully. We don't want, in any way, just to oppose the school having a gym obviously. However, the fact of the matter is that with slight modifications, the gym can be on the east side of the property and the only conversations and negotiations we had with their architect and Mr. Salman was when we met on this one occasion about three or four weeks ago and it became abundantly apparent that it could be placed on the east side of the property. As far as benefit is concerned and interest in the school, I've got two daughters, one graduated there a couple of years ago and I've got another one who is presently going there right - standing right here. So you know I'm Interested in the facilities. Mayor Suarez: Which side is she on? Mr. Weiss: Which side are you on? Mayor Suarez: No, I'm just kidding, that's... no, no, no, no, no. Mr. Weiss: In any event, so obviously I'm interested in better facilities as far as sports are concerned in our school, but I don't see why this can't be worked out. And the appellant procedure is going to be a time consuming item; it could be well into two years and I think we can work this out so that possibly in the next two or three weeks, everything will be fine and everybody will be happy. That's why I'm asking for a deferment. Mr. Traurig: I'd like to again introduce myself, my name is Robert H. Traurig, I'm an attorney with offices at 1401 Brickell Avenue and I'm honored to have the opportunity to represent the applicant in this matter. I will be t Joined here in a presentation by Mr. Frank J. Hogan who is the headmaster, by Mr. Raul Valdes-Fauli who is the president of the school, by Mr. Tilden who is the architect whom ;you've met and my associate, Kerri Barsh and I would like to give to you and through you to the clerk a series of letters which we have received and are addressed to you. One by the principal of St. Hugh. School, Sister Kathleen Donnelly] one by the management of Capital Bank in Coconut Grove which is up the street; one by the Coconut Grove Civic Club signed by Mr. Dave Hill. And I would ask you also to follow my presentation at the beginning by reference to the book that has been handed out to you. Mayor Suarez: You want these... Mr. Traurigs That's correct, Commissioner, but those were the originals and I wanted to make sure that the originals got into the record. a Mayor Suarez: You want these entered into the record? Mr. Traurigs Yes. And I would like to start with a little bit of refreshing poetry that Rudyard Kipl ing 'had written and I was rescinded of; it , as • I.hoard their presentations and then I'd like to relate it to this psrticulo situation 7 because when he wrote the Road to Mandalay, he said:' hrca the old', Moulast s pagoda looking'eastvard to the sea, 'there's a Surma girl g ootti4 OU Xtktow she think• of me...." =' If he were to write that today sitting .her¢, .would :. } have said, "From the old RaAsosa pa�toda iooki> M saatvard to the 5041 the o is � +4tAJtye a1� _a��t,�r;', s-,.,.. ,�"-:*86,�-u:�fsu.ae"�.• _ = � , t.�< _r,� Y4�. �^.: •4.,•"s«at��.i*..� :ko-+`,•.ter,.,r�r.X �a�ar '`r.�':;t�:, `42 .'i- _ _. —. +t — tall gymnasium setting and I know it blocks the view if they had their way." And I think it's very important to note that they have indicated in their presentation that they have no objection to a gymnasium, they have no objec- tion to the height, they only have objection to the location. And they are suggesting to you in their presentation that the location be placed where it will obstruct the view from that pagoda to the sea. 1 think that... Mayor Suarez: You had that poem prepared, you didn't just think of it. Mr. Traurig: No, and as Senator Biden, you know, would say, I didn't mean to plagarize. Mayor Suarez: You brought it with you because you didn't have it memorized. (Laughter) Mr. Traurig: I would call your attention to this book and I would ask you to look at those four photographs that are in the front of the book. The first of which shows the campus looking toward the bay and the home which is owned by Mr. & Mrs. Weiss is in the middle where that line of trees is and you'll note that very high building immediately to the north of it and that is the gym - that is the math -science building. That building is practically the Identical height of the proposed gymnasium. View number two was a view from the bay. The complex of the Ransom School is the complex to the left center and you will note that the trees that we're talking about are very high trees separating our campus from their home. View number three shows our campus and shows their home, it's not that large home on the left hand side, but it's the home directly to the south of the mathematics -science building and you'll note that that towers over that home and that those trees are impregnable. And the last photograph showing children playing on the volleyball court give you a better view of that kind of vegetation. There are a number of other architec- tural exhibits there which we can talk about in a little bit. I'm joined here, not only by those individuals who I name, but also by numerous board members and parents and friends and supporters. And so that the record will be complete, I ask your indulgence so that we can take a few more minutes than what they took because I think it's very important that this record be com- plete since they indicated that this matter may go to appeal. The applicant Is Ransom -Everglades School, Incorporated. The property is 3575 Main Highway and it's presently zoned RS-1 with an HC-1 which is the historical conserva- tion designation overlay and we have asked for two different requests. One is the special exception to permit the construction of the student activities center as an accessory use. To supplement the existing private school facili- ties and the second is that variance that we talked about which is for 42'7" above that flood plane. Mayor Suarez: Let me just interrupt you and tell you that if you can trust the scale of this pen top, the foliage there should not be any higher than 30 feet in the densest part because assuming the baskets are 10 feet high and I'm sure at Ransom they have them 10 feet high, so it could be anywhere between 30 and 35 feet the dense part of the foliage there, another 8 or 10 feet for the less dense. Mr. Traurig: Mr. Mayor, I was there today and I noticed that those trees tower over the house but I would rely upon the exhibit that Mr. Olmedillo showed you which shows that those trees are higher than the proposed gymnasi- um. Ransom -Everglades School, as you know, is an independent, non-sectarian, coeducational day school including middle and secondary levels and it has an enrollment on this campus of 450 students. It has inherited and perpetuated ' standards of academic excellence and it seeks to enhance that heritage by its expansion of both its curriculum and facilities while maintain the basic enrollment. The purpose of this addition to the campus is not to increase the enrollment, but merely to enhance the program of the institution. The origins of Ransom -Everglades date back to the establishment of a school by Dr. Paul'C. Ransom called Pine Knot Camp in 1896. That was the year of the incorporation of the City of !Miami and the initial development of the campus of what is. now known as Ransoss-Bverglades dates back to 1903 when the first building on the campus, which was the pagodas woo constructed. And, therefore,_ both -the school and the campus predat.4 our zoning code by several decades. 8visi1ade$ School on the other hand, was founded in 1955 'and the two echopls ' merged ; to 1974. From its inception, the school coatsa total •dusot *Aal _engi romment mad that's no -To two ,just classroom ; and Itbraripd mad.; dOro - Q so, That torn Implies rocrestional and athletic iacilittos as well. PRO,', .hat- he 46 September 221 19�t 4 fie+ � • jp' s students could enjoy the benefits, not only of exercise, but also of competi- tion and not only to develop skills and dexterity but also to foster sports- manship and interpersonal relationships and to achieve that purpose, a gymna- sium on campus is necessary. To travel large distances for practice or performances is counterproductive. About fifty years ago, the City enacted its zoning ordinance and it was recently replaced by ordinance 9500. The zoning district in which this property is located is the RS1/1 district under which many proper development criteria and limitations were imposed so that the basic uniformity and conformity of single family development in a neigh- borhood would result. We acknowledge that. But schools and expansions of schools were permitted in the RSi/1 district by way of special exceptions. And the height limitations which were imposed we suggest to you were to limit the construction within those residential neighborhoods and not to limit construction of a necessary component of the school complex to the height limitation intended for single family homes. When the development of the school predated the zoning code by more than forty years, when other facili- ties on the campus already exceed the height intended for residences, when the proposed addition to the campus is a standard component of a school of the type of Ransom -Everglades, when the sole purpose of the facility is to enhance the quality of the program and not to enlarge the student body. To do so would ignore both the function and the objectives of educational institutions. That principle has already been recognized within the City of Miami in the construction of schools and churches. We would call to your attention that public school gymnasia have long been located in single family neighborhoods and I call to your attention... Mayor Suarez: I'm glad you got the plural right. Mr. Traurig: Gymnasia. And I call to your attention, schools such as Miami High. Isn't it reasonable, therefore, to encourage similar facilities for private schools. Especially one with such a long distinguished contribution to the community and Coconut Grove on a campus large enough to accommodate it where the campus concept preceded the zoning codes and obviously was grand - fathered whether explicitly or implicitly, but I say to you, nothwithstanding that basic position, which we think is sound concerning our legal entitlement to construct a gymnasium as proposed, it is certainly reasonable in this Instance to vary the height requirements intended for single family homes. Because RS1/1 contemplated standards for a homogenous residential neighborhood and a major campus with substantial buffering of which the proposed building is a minor, although important component, should be afforded special treatment for the institutional use - whether it be a church use, whether it be a school use, etc. And that was obviously the rationale which suggested to you to approve the math -science building which has been constructed which is directly next to their house and which is at the same height. Parenthetically, the only objectors were Mr. & Mrs. Weiss and their daughters. And as I indicated to you, they complemented the school and its contribution to the community. They acknowledged the need. They had no objection with the expansion of the campus to include the gym and they had no objection to the height. Their only concern was what brings us here and that is the location of the gym. Mrs. Kennedy: OK and I'd like you to address... Mr. Traurig: And let me get to that. Mrs. Kennedy: Yes, I'd like you to address that because Mr. Schillinger stated that the school had overlooked other locations, so could you please address that? Mr. Traurig: Yes, yes, I will. So we had two requests. One request was the special exception to permit the construction of the facility and that matter, as I indicated, had been reviewed by your zoning board which approved it_7-4 and also by the Heritage Conservation Board and the Shore Line Development Review Board. And in the review by the Heritage Conservation Board, because It was designated HC-1, and that was as a result of actions initiated by the City and not by the owner of the property.on May 31, 1903, designating iti HG=1 requiring that we appear before the Heritage Conservation Board 11�"connection with any da°felopmeut within that HC-1 district, the Heritage' Conservation Board 'them heard our application and recommended to you approval '.of 'the aim — request subject to protection of `the sabot palms in tho vlaiaity- of -tbR development &Ad the planting of additional landscaping on the boundory`tb twee our property and their property and Me' a�read to those.,-,.comdltii+a;w im - tb" shore line development review comaittes also rRcommondad` gppo�►+ l gub a 4t only i . g,. v� 4eptesJI -� _ to the changing of some parking spaces and adding some royal palm trees near that inlet. Mayor Suarez: Is the posture here that the recommendation of the Zoning Board and of our own department includes a requirement that you put additional landscaping there? Mr. Traurig: Yes, sir. Mayor Suarez: How high and how thick? Mr. Traurig: Not - a landscape plan which has been submitted to the planning department and which they have approved and I don't have the exact height of the additional trees that are to be planted. Perhaps Mr. Olmedillo has that information. Mrs. Kennedy: Guillermo, can you tell us? Mr. Olmedillo: No, but there's a description of the type of trees and shrub- bery that is supposed to be planted on the site. Mr. Plummer: Yes, the whole thing, in my estimation is down to one thing and that's location. Mrs. Kennedy: Location. Mr. Plummer: You know, we can hear all of the stories and both sides are in concurrence otherwise. Now, you know, Bob, I - you've heard me speak before, it's a mean man that won't compromise. The Weiss's are saying that they feel that there is an area of compromise. Mr. Traurig: I think I can get to that, Mr. Commissioner. Mr. Plummer: Well, go ahead. Mr. Traurig: I wanted to review this because I wanted the record to reflect all this and I know that it's an imposition on people who have come here for the budget and I apologize to them and to others who are waiting for other items. But I want you to know what the planning department recommendations were and the planning department said that the location of the proposed athletic center creates the least impact on the pagoda whose vista to the bay should be unobstructed. That despite the size of the gymnasium, the design is compatible with the historic building and repeats many of its motifs and materials. And it's interesting to note that when Mr. Schillinger filed his notice of appeal to that 7-0 Zoning Board decision stating that the constraint on our gym location was as a result of a self-imposed hardship, it wasn't. We didn't create a hardship. The City initiated the application to declare this an historic structure and district and, therefore, we are merely complying with an action taken by this City and which is the law of this City. And they failed to note that that was an action taken by the City and they also failed to advise you that the building to the immediate north, the math -science building, is contiguous to their home and has height which is considerably k,_ similar - not considerably similar - similar to the height of our building ; which is approximately 53 feet. Furthermore, and I think this: is Important,t when you weigh public benefits from the designation and preservation of historic buildings against the affected private interests, the public interest must be paramount. And in addition, both the Heritage Conservation Board=and the planning department independently mandated the location of these, physical Improvements on the campus with which we have complied. In addition,:counsel for Mr. & Mrs. Weiss, in his letter to the City stated that the City's :code and he stated to you also here requires a specific determination by the .City as to the effect of the proposed use on neighboring owners. -That; was not quite accurate. That's not what section 2301.4 says. it saya,..to protect adjoining properties and the, neighborhood from avoidable ,potentially. adverse ` effects. 1n this instance,, we don't think that .. the effects. or# _advegso .#end � certainly. they're not avoidable because we are complying with that;:ma4t44ta. r; The problom is not just location because It we used this: location +4od vp_bad 4 height, wleich was only 20 fest, obviously. the! wouldn't =h+ws. say. Thsy :shouldn't have any objection : you ritht.., nowgile4 tell you ; that tbslr property g"s.all, the w±sy .:to Abo ,. bad lend Qw 44 v w. bstmo.tod vi*v of they . bey . 9a their :suds df. , P our : �seees #�s�ue4s � . rwpet► . .�- 4MA411y has no development between that house and the bay. So Or Om" .to 44 rlttet•tu�wT—.'.i.M1F+�":�.+1'i�ff'_ia#a"�*".'+ say that we are blocking the only possible view that they have of the bay is a misstatement to you. Nov, in connection with the request for the variance. The variance was to permit not only the construction of the athletic center for training and for athletic competition, but also the locker rooms, the training rooms, the coaches facilities, etc. As we indicated to you, that's 42 feet, 7 inches or 56 feet if we add the 14 feet which is the flood plane. There is a need. There currently is no gym. The uses generally provided by a gym require ... school to use off campus facilities. That means that anyone who wants to participate in school programs has to be bused to another loca- tion tr enjoy facilities. The intention of Ransom is to provide the facili- ties on campus, on a campus large enough to accommodate them that was built as a full service educational complex and we're asking for that opportunity. The site constraints. I indicated to you that they had been dictated to us by the requirements of your boards and by your designation of the HC-I. That was not a designation by a board. It was a designation by the City of Miami Commis- sion and that designation requires that we go to the board and seek their advice to you and they're saying to you, do not block the view of the pagoda. We also would say to you that the location should relate directly to other athletic facilities on the campus; to the tennis, to the swimming and the logistics demand that the facilities serve the needs of those people using those facilities. And I think we've already reviewed the height. It is the absolute minimum height which would permit us to build this kind of facility, reviewing it again with you including the infrastructure we have to go to about 18 feet for the first floor. We've got to go 30 feet for the athletic facilities and we've got either the 7 feet 2 inches or some lesser number depending on how you measure the roof. That's the minimum height. There are no frills here. This is a functional facility. It's a facility which is the minimum required to accommodate the needs. However, they have raised a question of hardship and we're saying to you, we have a hardship. It is a unique situation. It relates to the development on our campus of the facility that was always contemplated, and which I again repeat preceded the establish- ment of the zoning code. The siting, the use demands are not self-imposed. They're peculiar to us and it's an exceptional situation. To address you on the rest of the issues here would be redundant and so I won't do it. But I would say to you just one last thing, when Mr. Schillinger addressed you he said that the special exception requires that it be good for everybody in- volved in the community. That isn't true. But if we did want to determine who in the community supports the application and whether it's good for the community generally, we can look at this crowd and we can look at the letter from the Coconut Grove Civic Club and we can look at the letter from our neighbor, the church, and we can recognize that the community supports this application. We ask you also to support it. We have an architectural presen- tation. I don't know whether or not it would serve a useful purpose for you to see more clearly the architectural exhibits. If it serves that purpose, we would ask you to hear it. We also have, as I indicated, Commissioner Valdes- Fauli who, as president of the student body, would like to address you and the headmaster, Mr. Hogan. Thank you very much. (Applause) Mayor Suarez: Thank you for your presentation. Mr. Raul Valdes -Faults My name is Raul Valdes-Fauli.. I'm president of the board of trustees at Ransom -Everglades and my address is 751 North Greenway Drive, Coral Gables. Mr. Traurig has talked to you about the legal hardship and why we cannot have a gym at anywhere also in this property and I'm, not going to go through his presentation or repeat parts of his, but let me tell you about another type of hardship that our students are facing. We have a fine basketball program. We have a fine intramural sports program. We try to r: encourage our students to participate in sports activities in the school and I read a statistic that 58-60 percent of them do. Whenever we want for them to play basketball, competitive basketball, we have to bus them to Dade South, =t Dade County Community College South. We cannot have them play in our facility r because we do not have an indoor gym. Whenever we want to__have,,a school assombly, we have .to go • we have to stop, what. we're doing, we have-cowce mat at the Omni. We have our wrestling team practice is our au Lori � Inside and we have to wove all other activities out of there. - R dare anybody any other school in this country find .a bottor,."aga, fqr ,itt ; �+aa ►pas tbao War have.. iA , pur football . amen, for uaple . wlb% aver, -a 4:. !4 "Ye s. ,boat stationed In ,the boy ao that whenever field . Soa4s, 4e�. 'WO .s can retrieve the ball and we do not have one 4pore. inch af"space in . school._ i� 49 _ 11* 6 Mayor Suarez: I still can't figure out how you can catch the ball in the end zone, when I... Mr. Valdes-Fauli: It's... I'm not going to go into that. Mayor Suarez: Inside the mangroves or... Mr. Valdes-Fauli: Because of the City's action, we cannot put that gym anywhere else and that's why compromise is impossible. There is no compromise due to the City's imposing the historic criteria on us and what I'm telling you is that we do need that gym desperately in the school. Thank you very much. (Applause) Mayor Suarez: Thank you for your presentation. It doesn't help us to have applause. Mr. Frank Hogan: Mr. Mayor, Commissioners, my name is Frank Hogan. I'm the headmaster... Mayor Suarez: You might want to raise the mike a little bit there. Mr. Hogan: My name is Frank Hogan, I'm the headmaster of the Ransom -Ever- glades School. I live at 6761 S. W. 68th Terrace in South Miami. From an education point of view, there simply is a pressing and significant need for an athletic facility on our campus. As has been said earlier, both through our athletic program, our intramurals program we must have this space. For the basketball, volleyball programs we have to go to the Boys Club, Palmer School, Dade South, it's a tremendous hardship on our kids. This is not something that was arrived at quickly, the site. Four years ago this school undertook a serious and thoughtful master planning exercise and the present site was certainly after all of the alternatives were explored, the best site. Let me say, I'm privileged to have my office in the pagoda. Every morning I'm delighted to walk in and see a very, very clear view to the bay. Placing a gymnasium on the tennis courts, as suggested as an alternate site, would totally cut that for the pagoda and for the view corridor on the campus. The suggestion was made that the court - pagoda is rarely visited by outside people. The day before yesterday, I had 20 architectural students in the senior design seminar at the University of Miami in my office going through the pagoda. There are frequently visitors on our campus. I would also suggest that prior to the zoning hearing several months ago, I certainly called and spoke with Mr. Weiss and a week prior to that meeting as did our architects offering to meet and to try to answer any questions they might have about the site. That offer was not taken up so I think we have tried very, very hard to try to be as cooperative as we can and try to sensitively place the building on the campus and we certainly we need it desperately and we hope you will act favorably on our behalf. Thank you very much. (Applause) Mayor Suarez: Thank you, Mr. Hogan. Please. Mr. Traurig: Again to abbreviate, I would like to call the architect. I'll ask him three brief questions. Would you again state your name, sir. Mr. Tilden: My name In Doug Tilden. My firm is Tilden & Associates Archi- tects in the Coconut Grove. Mr. Traurig: Mr. Tilden, in your analysis of the site and the site con- straints, did you reach a conclusion with regard to the only feasible location s and if so what was that? Mr. Tilden: Teo, we did and I think that the point that I would like to make and w*s very clearly to when we prepared a caster plan for Ransom-Rverglades tour years ago, we showed that location as what ve felt was the only viable location for a building of that six*.- The size of the building �o tba "ipi a aSae. During, the course of last Teas and. oarly this' yeas, w¢'v¢ not *tit 7+� w1dino .9 _ and Sonia$ departmeAi, Ve not itb tbs heritage conservation psoyin. We mat. with sboreliAo and they substantiated vbat we bad told the school four {^ asters Opp tbat Me bad one locstipn, 040MOO ae, that tbv g av�" GOOM smsat Ili �RPts�lbsl'..� 1481 `?`a s properly be placed in. So we felt, based upon our early recommendation four years ago, that we had placed the building properly. We had maintained the view corridors of the school to and from the bay and we had placed the build- ing such that it was at the lowest point of the campus and that's one point that I'd like to make very clear. Only in the area of the football field and the placement of the gymnasium does the terrain of the school come down to a lower elevation. All of the remaining portion of the school is up at eleva- tion 12 to 14 to 15 feet above sea level as compared to 4 feet where we've placed the building. So in terms of impact on the neighborhood, if we had placed the building anywhere else, we would have been up on the coastal limestone ridge which would have placed the building another 14 or 15 feet higher so we felt that what we did is we not only placed the building correct- ly on the site from a view corridor standpoint but, as importantly, we placed the building on the lowest portion of the site that we had available to us. Mr. Traurig; Once again, could you have designed a building at a height below the 56 feet 7 inches or that lesser amount if you recalculate the roof effect? Mr. Tilden: I'd like to answer that question by referring to the exhibit that is on the screen. If I may, the red indicates what we could have built without a height variance and the relationship of that building being 20 feet from the property line. Our setback was a 20 foot requirement. Essentially, what we've done is we've exceeded that allowabie red zone only with that portion of the roof that you see above it and we have taken great pains, in my opinion, to step that roof line back away from the Weiss's property. We've done that purposely. We were aware of the immediate proximity of the our neighbors and we have designed the building to step back away from the neigh- bors. I can't make it more clear that the building is at the minimum height that we could allow and I think that that diagram very clearly shows you the comparison of what we could have built without a zoning height variance compared to what we are requesting and the fact that we have, in fact, stepped the building back to relieve the situation of any blockage of early morning light. Mr. Traurig: And is it your position that you have completely mitigated to the extent possible, the effects of this development? Mr. Tilden: I think we have and I'd like to say this, the Weiss's were kind enough on September 9th to ask me to come to their home. I feel strongly, I feel absolutely truthful in that from their home they will not be able to see this building. If they were to walk down immediately adjacent to where the building will be placed and peer through the trees, they will see it. But the point that I want to make and make it very clear, we are not interrupting their view to the bay, we respect that as we hope they respect our view to the bay, but most importantly, we will not see this facility from their home. Mrs. Kennedy: Let me ask something, what is the distance between the two properties? Mr. Traurig: Well, I think he testified that the building is set back 25 feet from our property line so the... Mrs. Kennedy: OK, well we might have some kind of Solomonic... Mr. Plummer: How far - where is the - I'm sure they'll let you use the original map or the original picture. How wide, using, well, OK, using the swimming pool as a base mark... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Yes. All right. Well, the question that I was going to ask, if you extended the gymnasium to the east over to where that line of trees you show here - no, wel1,,OK, to the north then. Mayor Suarez: North, north. 3, :A Mr. Plummors All sight? how much further could ' you extend that gymnasiums " over without blocking the view of the pagoda? It looks like to me that youX could go over at least 4nother_5Q!75 fe9t. Rs. Tiidpa (Off mi+cr4phone)=.. C rni9s er# .the_ .issue .of the ,9gnd+*. ;s w s clearly pointed out by the Shoreline Review Committee!... t= Mr. Plummer: Bring the map here, let me show you what I'm saying. Ms. Hirai: Commissioner, we need that statement on the record, please. Mr. Plummer: You're not addressing what I'm saying. Mayor Suarez: Well, he was getting... Mr. Plummer: What I'm saying is if you took this building... Ms. Hirai: Mr. Olmedillo, would you bring the lapel mike for the gentleman. Mr. Plummer: I don't need the lapel mike. If you were to take this building and extend it from here being the end over to here, that looks like another 45 feet; is that what it is? Mr. Tilden (Off mike): That's 4.5, that's the elevation. Mr. Plummer: All right, well then what is the distance from here over to here? In other words, you're moving further away from the Weiss's house. Mr. Tilden: Commissioner Plummer, if this is 25 feet... Mrs. Kennedy (Off mike): Would that be agreeable to you? Mr. Plummer: That would be... Mayor Suarez: He's saying the view corridor then of the entire property is what's eliminated. Mrs. Kennedy: In other words, to move it closer to the school's property away from your home. Mr. Plummer: The point... OK, well the point I'm making is is if you want to preserve the view, you could still do such right up to the corner of that line here which has got to be, in my estimation, another 30 or 40 feet away from the property line. Mr. Tilden: Commissioner Plummer, what you'll be doing by that is blocking Ransom's view from their quadrangle. We will not be able to see f rom this quadrangle. We will not be able to see it from this quadrangle. But that is specifically what the Shore Line committee asked us to address. In other words, they did not want us - this area right here helps to ameliorate the impact of the gymnasium on the views from the bay so they were very happy to see that this area of mangrove out here that extends to the bay helped to block the view of the building. They were trying - the shore line committee was trying to get us to push the building in this manner and also required that we plant additional landscaping here to ameliorate the view of the building from the bay. Mr. Plummer: Another question. Mr. Tilden: Yea, air. Mr. Plummer: OK? What happens if you turn the building? Mr. Tilden: The building is essentially square. Mr. Plummer: Essentially square. Mr. Tilden: Yes, it is. Mrs. Weiss (Off microphone): 130 feet by 130 feet. Mr.. Plummer: So turning the building doesn't accomplish anything? Mr. Tilden: The building is essentially square. F , r Mrs. Kennedy: So much for a Solownic solutions here, Mr.. TrAurig (Off xike)v Tou'd have a problew:with the lire ?saes too."+•'y� w�- Mr. Tilden: Yes, the fire trucks are required to come down and around and up and what we would be doing, obviously, the farther we push it this way, not only are we blocking our own view, but as you well know, fire trucks must have a continuous path around the building and this distance is also based upon what we're required from a fire line standpoint. Mr. Tilden: We're using every single inch of space. Mr. Plummer: Yes, I understand the... Mr. Tilden: The building itself, it cannot be smaller, that's our problem. Mr. Plummer: I don't think that that's what's at question, I don't think the opponents have raised the question that is the building to be smaller or the building to be anything other than what it is except the location in which it's being placed. If I heard correctly, they're in favor of the gym, they're in favor of the school, and I think really the resolve is to try to f Ind a place if it's possible that where, in fact, that gymnasium could be moved or a compromise could be reached and that's where we are right now. Mrs. Kennedy: Caroline. Mrs. Weiss (Off microphone): Mr. Mayor, if I may... Mr. Dawkins: Go to the mike. Mayor Suarez: You'll have to go down to the mike here. Mrs. Weiss: The school has two additional lots right on Main Highway and Royal Road which is vacant and the gymnasium does not have to be there, they have other areas that they can place the gymnasium which will not affect anyone or any of the neighbors and which they have not reflected and they have a map there that they can bring back up there so all of us can see it. Mrs. Kennedy: Mr. Assistant City Manager, did you send people from your staff to your property to look at all the possible locations? Mr. Walter Pierce: Yes, it's a policy of the department that staff and not just one person, but several different people will always physically tour a site before any recommendation is formulated. In this case, staff agreed that that was the best location given the historic nature of the structure and the requirements of the shore line committee. Mr. Plummer: Well, let me ask this question of the point just raised. Is the property in the front part of the school adequate to put that gymnasium on? Mr. Olmedillos That was discarded at the sleeting with AC board from the point of view of Main Highway. That will affect more people being on the Main Highway side than it would on the site, on the southern side. It is a scenic transportation corridor and the City has made great efforts to maintain it. Mayor Suarez: Madam City Attorney or Walter.¢ Mr. Plummer: Hekyklo, Madam City Attorney.' Mrs. Kennedy: Madam City Attorney. Mr. Pierce: Madam City Attorney. Mayor Suarez: What can you tell us if in fact or can you recommend to us or ;4- advise us if, in fact, the hardship requirement for the high variance is met? Are we on solid grounds if we grant the variance? � r<-, 2=ti Mrs. Dougherty: I can tell you that you are the fact finders sad you're the peeople that are supposed to decide whether or not the criteria for the grant— Ing of the hardship is not. Mayor Suoress I figured you were going to say that. Mrs. Dougherty: And that moms the hardship has to be sometbtag peculiar abswt _this piece of property mad not salt created, Mr. Plummer: Sometimes you're better off not asking. Mrs. Kennedy: Sixteen years of experience tells him that. Mr. Pierce: Mr. Mayor.., Mr. Plummer: Well, does the applicant want rebuttal? Mr. Schillinger (Off mike): Yes. Mrs. Weiss (Off mike): Yes. Mr. Plummer: You're entitled to it, air. Please be brief. Mr. Schillinger: First of all, Mr. Tilden's remarks demonstrate clearly that any hardship for the height variance is self created, particularly Mr. Tilden said that they were proposing to put this building on the area that was the lowest. Now if the reason that they have claimed that they need the variance is to comply with the county flood criteria requirements, therefore, by their own admission, they have created their hardship by selecting that area that requires the most amount of the variance because of their failure to be able to comply with the flood criteria requirements. So - and Mr. Traurig... Mayor Suarez: But I thought the flood criteria did not vary according to the elevation of the ground. Mr. Tilden: That's correct. Mr. Schillinger: Well, but their claim that they need the - their claim for a variance in their application was because of the flood criteria requirements that their - the height, and I want to make it clear for the record, that we did not agree that we had no objection to the height. Mr. Traurig said that we had no objection to the height. We do object to the height variance because of the location that has been proposed. I stated earlier that no direct notice was given to Mr. & Mrs. Weiss during the earlier proceedings. Mr. Pierce: Mr. Mayor, may I interrupt. I'm sorry, Mr. Schillinger... Mayor Suarez: Yes, Walter. Mr. Pierce: but I've heard that statement before and I've noticed that the attorneys have been care about making a record. I think we need to say here that all required notices, notice requirements, have been complied with and that the Weiss's and other folks got every notice they were legally and that we were morally even obliged to give. Mr. Schillinger: And what that means... Mr. Pierce: For instance... Mr. Schillinger: ... Mr. Mayor, and members of the Commission, is that published notice was given. That does not mean... Mr. Pierce: Wait a minute, I would like to ask you specifically, are you saying that your clients never received mail notice within the radius as required by ordinance? Are you saying that specifically? !Mrs. Weiss: We did not receive it from the preservation committee or the Shore Line Committee when they were making their ------ to find out Where they could put this location, we were not notified. We were notified when it was cooing to the zoning board and that's the time we wore advised that this was going to be a hearing. If we were working together and closely with them when they were meeting with the preservation comittee and the Shore ine.Committea4l I think something could have been worked out. But it has been c Ono -aided negotiation. Mr. Pierces Were you present at the Heritage Conservation Board meeting? tors. votes$ No, Sir, neither were we notified. Mrs. 9944e0y: .QK. `` 57 $�nt�R�f�r ��- raj• si _ ••`.» .,. ..+e.vx,� .?St.•i,:,� 4_„ -;-5;r _ ':v�:�„ s,a,ad'Y +�*'�?•�p++'•'�- ll •.;:r. i;•, ,``' Mr. Tilden: May I speak to that? Mrs. Weiss: And there is nothing in the City of Miami file that reflects that we were notified because I have a complete copy of that file in my office. Mrs. Kennedy: Walter, are they required to be notified? Mr. Pierce: I believe that all prop - because adjacent property owners are required to be notified. We're going to check that one on the H. C. Board right now. Mr. Tilden: Walter, may I also respond. I - you know... Mr. Schillinger: Well, excuse me, just a minute because I have some more. Mayor Suarez: We're in rebuttal. If the Commissioner wanted to hear an answer to something or wanted to have you make an additional remark, he could so request. Go ahead, Lee. Mr. Schillinger: Thank you. Mr. Selman has indicated to me that, in fact, Mr. Tilden had admitted to him that this building could be 10 feet lower. Nov, in fact, Mr... Is that correct, Mr. Salman? Mrs. Kennedy: Well, that's why I specifically asked before if there was any way that, you know, that it could be lower and I was told that it couldn't. Mr. Schillinger: You asked Mr. Tilden during his presentation and he said no. That's why I bring that up now. Mr. Selman: OK, when Mr. Tilden and myself, we got together at his office, if I can have a section of the building projected on the screen, I will - it will be easier for me. The mechanical room was placed on top of the flood criteria and it was 20 feet in height and I asked Mr. Tilden was it necessary to have a mechanical room to be 20 feet in height and he said, no, I don't know, this is just a preliminary and when plans will be detailed, I'll check with you about it. And also I told him is it necessary to have the adjacent rooftop near the Weiss's .cause, the one that goes on top of the red area or the red squr.•re being so high and he said, no, it could be lowered to follow the slope of the next one that is adjacent to it to the right. And all those little discus- sions were made but since we had no time and we didn't have any further discussion about it. Mr. Tilden: May I respond? I think I need to please. Mayor Suarez: Right. Briefly, please. We have budget to be dealt with yet and some other planning and zoning items. Please. (Applause) Mr. Tilden: I think that the point - I'd like to make two statements in all due respect to the Weiss's, I called Jack Weiss, I spoke to him in June before we met with the zoning department, before we had our zoning hearings and I specifically asked him to cone to my office and meet with me and discuss the project, to bring his architect. Mr. Weiss chose not to come. We did not meet with Mr. Weiss until September 9th. I asked him three months previous to that to come to my office and discuss the project. Nov, in terms of what Mr. Salmon said, he specifically asked me if the building could be lower in any area. I told him that the gymnasium area, per se, could not be lower. 1 did, however, say that the area of the mechanical room... Mrs. Kennedy: Yes, why does it have to be 20 foot high? Mr. Tilden (Off mikes Only that portion of the project could potentially be lower, a few feet, but that was all I said. Mrs. Man4edys How may is a few feet? y Mr. Tildeas The fact of the matter remains is that we are in preliminary design with the building in terms of this mechanical room. The mRcbesicel room hof to supply the air conditioning to the facility. The 800"tGA, Boom itself -all could be a little bit smaller a I told Jerry st th,►t tip tba we would do our best, given the proximity of the mechanical room to the Weiss's property, to lower it as best we could. I told him a few feet. He asked me if .. . Mrs. Kennedy: Now vouch is a few? Mr. Tilden: Two or three or four feet. I'm not sure but that to me is a minor issue. We can go down... Mayor Suarez: That's already in compliance. Mr. Tilden: Correct. In other words, the height of the gymnasium is at issue now, not the height of the mechanical room. I promised the Weiss's and I promised Jerry that we would reduce that small portion of the building as best we could and that we would work with them during the design of the building. The final design. We may be able to bring it down a few feet. Mr. Dawkins: Sir. Mr. Tilden: Just that portion. Yes, sir. Mr. Dawkins: Sir. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: You said that you asked the Weiss's to come to your office with their architect and they refused to come. Did you offer to go to them? Mr. Tilden: No, sir, they did not call me back. Mr. Dawkins: OK, no, no, no, no, no. Yes or no, that's all I need, sir. Thank you. Mr. Pierce: Mr. Mayor, back to the issue of notice. The meeting before the Heritage Conservation Board was for a certificate of appropriateness for which there is no notice required. However, the property was physically posted so that everyone passing by the site would be aware that there would be an issue com... Mayor Suarez: The notice was posted at the property. Mr. Pierce: On the property, yes, sir. Mrs. Kennedy: At the school. Mr. Pierce: Yes, as a courtesy notice, not required, but it was done. Mr. Carollo: If I may, counselor. Mayor Suarez: Commissioner. A Mr. Carollo: Would it represent any hardship to the school if we would have one final try at all parties getting together and trying to see at least if there would be some points that you all could come to an agreement with. I'm t sure that from what I've heard here today that you're not going to come to any final compromise on everything before us. Mr. Valdes-Fauli: It would represent a most definite hardship in that if this is deferred we could not have a gym. DERMS, rules and regulations change on October 23rd and unless we have our foundation permit by that date, we start afresh, we start new and what the part of the property that we are using for 1` the locker rooms, for the wrestling room, for the coaches offices, etc., we ..:R will lose those because we will have to have breakable walls down there starting - if we don't pull by the permit by October 23rd. So yes, the deferral is denial in this case. Mr. Carollo: How long_ will it take you, if this is approv*4 today to get those permits? Mr. valdRa*�Faul i s I can't.. . Mr. Carollos Approximately. a x. �., ' ; ,,� ..,. - er:-a'r�s+f�•7�''fa�'�cRID'rq?s�'� .�a.'�. S n Y 1 t ram, , A= «4`' Mr. Valdes -Pauli: How long will it take to get the permits if it is approved today? Mr. Tilden: I would hope within a few weeks. Everything is drawn and every- thing is submitted. Mr. Valdes-Fauli: We can do it by October 23rd, if it is deferred, we can't. Mr. Carollo: We meet again, what date, Walter? Mrs. Kennedy: October the Sth. Mr. Carollo: October the 8th? Mr. Pierce: That's a regular agenda. Mr. Carollo: Well, that's a regular but there's nothing that prevents us from hearing this on that day. Mrs. Kennedy: Right, October 22nd. Mr. Pierce: That's right, sir. Mr. Carollo: Vill they have enough time, if we hear that on the Sth, and take final action on the Sth, to go out and be able to get their permits if it is approved by the 23rd? Mr. Valdes-Fauli: Commissioner, we... Mr. Pierce: Mr. Carollo, that would be extremely close, sir, in terms of being able to process plans of that complexity. Mr. Valdes-Fauli: We have been advised by counsel and by architects that that t it's just - we can't do it, I don't... Mr. Carollo: At least let it be shown on the record that we tried to reach some possible compromise. Mayor Suarez: Does that complete your rebuttal? Mr. Schillinger: Yes, now, well, just one thing. From the legal standpoint, I wish to point out to you the code requirement and definition of a special exception, the request that has been made as far as the location is for a special exception. Your code says that a special exception is a special permit for a use that would not be appropriate generally or without restric- tion but which if controlled as to the location or relation of the neighbor- hood and ghat is being asked of you, is that you not control it as to the location or the relation to the neighborhood. You are being told that the location that is proposed has first of all been proposed four years ago. That what was proposed four years ago was confirmed by various municipal boards for which no actual notice was given to the property owner who is, in fact, directly affected by the location and by the relation to the neighborhood. And it is unfortunate that the time problem exists but that is not the Weiss's fault. The hardship that exists today is created by the school and'I again rescind you that the issue that is before you is not the need it is only the location because the decision has been made by the school to be cavalier and It is their election that has caused this to occur. They have not negotiated when we have requested it. Mr. Dawkins: !ladam City Attorney. !Mrs. Doughertys Yes, sir. Mr. Dawkins: It was stated that we did try to reach a compromise but In the event and they said that there would be a delay, but in the ovent that either group who to the loser, file an injunction, would that also hold up construe- tion? ¢ - Mrs. Dougherty; Well, assuming that the applicant were given his'oonit, the other side appealed,, there would Dot eutmaticelly be ---a stay bone: tDt -# fo`Fc*- ,- ment. They would have to 'apply to get atop and In Liss= eaean�l `, "t�t�► `f Sy ly t f< pt f L r could, I assume, pull the permit. Nov, if they start construction, they would be doing to at their own risk. Mr. Dawkins: Thank you. Mayor Suarez. I'm going to move the granting of the special exception, denial of the appeal on PZ-16. I so move. Mr. Plummer: There is a motion made on 16 to deny the appeal. Is there a second? Is there a second? Mrs. Kennedy: I'm going to second. Mr. Plummer: The motion is now seconded. Open for discussion among the Commission. Mr. Carollo: What I understood that our City Attorney said, if this is approved today, they will have the (by they, I mean the neighbors) opportunity to appeal it legally and chances are that they will be given, from what I am seeing, is the usual procedure, of filing in court a stay. If that is the case, then counselor, you are going to be in the same situation as you were concerned with this being deferred today. Mr. Traurig: Commissioner... may I respond, Hr. Mayor? I think your City Attorney... Hr. Plummer: No, no, excuse me. Unless a question is asked by a Commissioner of you, you cannot respond. Mr. Carollo: I'm asking a question. Mr. Traurig: I think the City Attorney said that a stay is not granted, that we have the right to pull our building permit, and we would pull the building permit, and we would commence dt'velopment because we would have the legal right at that moment to do no. so in answer to your question, Commissioner, there is no stay in a zoning case. Mr. Carollo: Bob, my question is, and I differ with you somewhat in that if there is no stay whatsoever. You can go to any judge and if the judge so sees and decides for whatever reason he wants to, he can give him a stay. Mr. Traurig: Only if there is a bond posted, and I presume that... Mr. Carollo: If you know the Veiss's you know that there is not going to be a problem. Mr. Traurig: I must defer to your City Attorney, who I think gave you con- trary advice, Commissioner. Mr. Carollo: But, I guess the question I have for you, counselor, is why did this take so long before it finally reached us? I guess my biggest objection is, seeing a case like this come to us, and it is always if you don't vote upon it today, we can't proceed. Mr. Traurig: I think that the answer is that they took an appeal, and that's what delayed the ultimate disposition of this. We went to the Zoning Board as an ordinary zoning matter with recommendations down the line. Mr. Carollo: That's not the question that I asked, Bob. They have a right to appeal it. In fact, we changed the laws... Mr. Traurig: Of course. Mr. Carollo: ... so the could appeal it and y pp you all knew from the ' start it was probably going to be appealed. My question is, why didn't you start the procedures for this whole thing, with the appropriate timing. Mr. Traurig: Commissionor, to debate that wouldn't servo a useful purpaRe, l�- but .they did move expeditiously. They had to go thr6vgh a very to 'tby' procsss, the aistoric Coasolvatioa, poard, the +oboreliao peveiop At uVieM Doasds they the Zoning hoard, and then soil to this issian#' so thore� _� fore tbot pros+ ss A+ecesserily took a long tim. In each csoe, tbore ` Ve.re r i yF substantial delays, there were meetings with staff. It wasn't because of the dilatory tactics of the applicant that this matter is before you only in the middle of September. Mr, Carollo: Well... Mr. Plummer: Any further questions by members of the Commission? Mr. Carollo: Commissioner Fauli wants to answer. Mr. Valdes-Fauli: Well, I have the answer to his question if he... This is not only a zoning matter, it is not only a permitting process, it is also the funding process for it and after the lengthy study, we did decide sometime, I guess this spring, that we would start a capital campaign in order to fund this, so it all had to come together and we couldn't do one without the other, I mean, we would have been pointless for us to pull the permits or anything without having the funds to do it. Mr. Carollo: That certainly makes more sense and thank you for being so frank, Commissioner. Mr. Plummer: Any further questions by... Mr. Dawkins: Yes. No, no questions... sorry Joe. Mr. Carollo: I have one last question. The height of the trees that are in the border of both properties, how tall are the trees, Caroline? Mrs. Weiss: They are in excess of 25 feet. They are mangrove trees which is... they are called sea grapes... Mr. Carollo: Sea grapes. Mrs. Weiss: Sea grape trees and I have never yet seen a sea grape tree that is 60 feet tall. When we look at what we have in Miami or Florida, I have yet to see a palm tree that is 60 feet tall, and here we are stating to say that there are trees that are going to be a buffer as high as 60 feet! Mr. Carollo: They are about 25 feet, you say? Mrs. Weiss: They are about 25 feet. Mr. Carollo: Counselor, what did your estimate show that the height was? Mr. Traurig: OK, Commissioner, I went there this morning and looked at those trees and I didn't measure them, but I would say that those trees are closer to 60 feet and I don't what your staff will say, but I would rely upon your staff and maybe they are looking at different trees than I was looking at. I was looking at the trees standing near those tennis courts and in my view, those trees were maybe 55 feet, not 60. Mr. Plummer: Yes, but Bob, you are taller than Caroline. Mr. Weiss: Respectfully, Commissioners, and respectfully to Mr. Traurig, but I have been on that property for 14 years and they are 25 feet tall. Mr. Plummer: Fine. Mr. Carollo: Staff, how tall are they? Mr. Olmedillo: canopy, but... I Mr. Plummer: It is not easy to tell the height of a tree, because of the Roughly! Mrs. Kennedy: Give us a straight answerf Mr. Olaedillo: Roughly, it is a little, mom o menas, a little less than the existing math building, which -is 59 feet. I would estimate from -the ;ground; the top of the canopy of -the tree approaches 40, 45-feet. Mr. Plummer: Thank you. _gym {`3�h5x�I.'� �.sv_ ...;s'r �..0 ._i"9.da3ti6 k__�akr-- —_ - _ _ _ ,E' a... 3+,�.5..-� �'�a..1'��+c i�'•ls�"9MCit* - 0 0 Mr. Carollo: Boy, I tell you these bureaucrats, they go right in the middle all the time, you know? Mr. Plummer: Commissioner Dawkins, you wanted to make a statement? Mr. Dawkins: I've listened carefully and I agree with everyone that the Ransom School does need a gymnasium, but I have yet, in my opinion, to hear the Ransom School offer any one concession, with which to attempt to get a consensus. It is always, and my opinion has been sitting here, "This is what we want, we will not give an inch further and this is what we are going to do." That is my opinion. Now, and you could very easily build that gym in front of the pagoda and put up some stilts and look under it, and therefore, everyone would be happy, you would have your view of the bay and you would have your gymnasium, but you don't mind her looking out her window at a 60 story building, but you don't want to look under your building to see the bay, so that is where I am. Mr. Plummer: Let me make a statement and maybe offer a compromise if it is possible. Realizing the time frames involved, of October 23rd, I was wonder- : Ing if it is not... and I want to tell you, Commissioner Dawkins, I feel very similar to you. They gain a gymnasium, but don't want to block their view, but the Weisse's gain nothing, but the blocking of the view. I thought if it was not possible that we could pass this on first reading today. The second reading would be on the 22nd or the day before their permit expires. Mrs. Kennedy: The City Attorney is saying that there is no second. Mr. Plummer: There is no second reading? Mr. Olmedillo: It is an appeal. It is an appeal, sir. Mr. Plummer: Oh, oh, there went my compromise. Still, in all, the resolution then, would have to be deferred. Mr. Carollo: Well, I have one additional question. The width of the building is how wide, or should I say, how long, that is going to border next to the property of the Weisses? Mrs. Weiss: (OFF MICROPHONE) 130 feet. Mr. Carollo: 130 feet. Mayor Suarez: It is the same in width as in length, 130 by 130. Mrs. Weiss: And by 120 feet. Mr. Carollo: OK, 130 by 120. Now, Caroline and Jack, I would imagine that you have several areas of concerns, but I am sure one of them is having to look at that building so close to you. �- x Mrs. Veins: That's correct.' Mr. Carollo: Now, they claim that those sea grapes are 50 feet or higher. The height of the building is how tall again?5 Mrs. Veins: 56 feet. Mr. Carollo: 56 feet. You claim the sea grapes are about 25 feet. Mrs. Vaiss: That's correct. Mr. Carollo: And staff, you know, they are right in the middle like always, nobody. n� { Mrs. Kennedy: Including the branches that are stretching it, ice - Mr.. Carollo: Now, would the school have any problem if this were to be s approved with a condition that It once the building is going ups, it your, 5 sstis tt is incorrect, .and Absira. to gorrect, tbat you plant #t#axo�!�V - r ypu and to plant that are tall onougb to cover the view -of thot''bti2O n 60 a Mr. Valdes-Fauli: We would have no objection, and I think we have agreed to do it. I think that part of our approval is conditioned upon our planting suitable landscape, as defined by the City and I'm... Mr. Carollo: What I am talking about is, that I am describing as suitable landscaping is being enough landscaping to cover at least 150 feet length, and tall enough so that you will not see at all your building from their proper- ty, tali and thick enough. Mr. Weiss: Sixty foot trees would not be available. Mr. Valdes-Fauli: Are these 60 foot trees... (INAUDIBLE)... We wouldn't have any objection to provide the landscaping. Mr. Carollo: Jack, remember, it would be, if we approve this, based upon that they would do this... Mr. Valdes-Fauli: OK. Mr. Carollo: ...they will have to find those trees from wherever. Mr. Valdes-Fauli: Commissioner, we have no problem with that, no problem whatsoever and we would stipulate with you that we would adopt... you know, or if you approved, and we build the building, then we will provide that tree coverage and we have no problem with that because it is our contention that the trees are already there so we will have no... if the trees are not there, we will put them there. Mr. Weiss: Well, I don't understand that, because those trees, 50 or 60 foot treec, where... how much money does a 50 foot tree going to cost? Mr. Carollo: Jack, I don't know, but I think you understand the motion that I am making. What I am trying to do is, if at the same time that your view is going to be protected, that what you are going to see is pretty foliage, that the motion that was made can also pass where they get their gym. Now, if they don't provide that foliage that is high enough, thick enough where you don't see their building, then the permit is no good. Mr. Schillinger: Commissioner, I would ask that you ask the City Attorney how we could put some kind of a legal remedy that would make it effective, such either they would have to demolish the building, or that there couldn't be no issuance of a certificate of occupancy for the building until such time as they comply with that height, because otherwise there would be no enforceabil- ity, because once the permit is issued, the permit is valid, and so it really would not go the permit, it would go to the usefulness of the building. Mr. Carollo: Well, Madam City Attorney, can we be enlightened by you, Ma'am Mr. Weiss: You know, if I may, Mr. Commissioner, in view of all the discus- sion as to the various solutions to the problems and what can be worked out, It would seem appropriate, if I may respectfully, to renew our motion for a deferral so that we can address all of these problems and come up with a solution. I mean, that has been the underlying discussions back and forth throughout the entire meeting, that there appears to be a solution, it looks like if you put the building up on the east side with a slight modification as so far as the outer circumference of it is concerned, without destroying any kind of view that already is nonexistent anyway. There is a slide that Mr. '- Tilden put up a few moments ago, which is a direct view from the pagoda and it looks to nothing more than a tennis court, chain link fence, with a wind screens that are on the chain link fence, plus a lot foliage that totally blocks the base of it. There isn't any view, even now as we sit here and talk of the bay from the pagoda. But, anyway, all of this conflict, it looks to me, can be resolved, if we can move towards a deferral so that we can 4O40 up with something together with our architects. Mr. Plummer: Jack, we are getting repetitious. We are getting repetitious, all right? Mr. Weiss: It is, but it is a solution. Mrs. Kennedys 4t as just oay one more tbing before roll call for tbo: that ►gain, the roof of tho a,atb, buiiOing is S toot biRb, so thro APk trte that high. Mr. Carollo: Well... Mr. Plummer: Is there further discussion or questions by the Commissioners? Mr. Carollo: I've asked a question of the City Attorney. Mr. Plummer: Madam City Attorney, by Commissioner Carollo. Mrs. Dougherty: Forgive me, could you repeat your question? Mr. Carollo: The question is, how can we go about in making sure that the zoning changes conditioned on them providing, if it is not there already, sufficient foliage to make sure that they plant foliage that is high enough and thick enough so that that building will not be seen and if they don't do that, what legal remedies can the City then have? Mrs. Dougherty: You could require this special exception to contain a provi- sion that the landscaping plan be approved by the Planning Director prior to issuance of the building permit. Then, if he does not comply with the speci- fications as provided and approved by the Planning Director, then it would be a zoning violation. Mr. Plummer: But, you are also saying, as I heard, that you could, in fact, review the plans in concert between now and the 22nd of October so that they could still draw a permit on the 23rd. Is that correct? Mrs. Dougherty: Well, I don't review plans, so what I was going to suggest is that if you wanted to defer the item and direct the Planning staff or the appropriate staff, to at the same time, review the building permit plans so that in the event you do approve it... but of course, they would be changing their plans too. If a compromise came about, then the plans would be changed so that maybe that is not a solution. Mr. Traurig: May we have the opportunity to give you some other suggestions? Mr. Plummer: Only if you are asked a question by a member of the Commission. Mr. Carollo: Would the maker and seconder of the motion object to placing that condition on the motion? Mayor Suarez: No, I have not problem. Are you sure that it can be enforced in that fashion? Do we need to make any modifications to it? Mrs. Dougherty: That is the only enforcement. Mayor Suarez: OK, so the approval would be today and they can begin all of their processes, but it is subject to supervision by Planning Department as to sufficient buffer there by the trees in height and density. AIEW; Mrs. Dougherty: To be conditioned upon the Planning staff and the Planning - Director approving the landscaping plan prior to the issuance of the permit. }F Mr. Pierce: And then you could further condition it to prohibit occupancy until all of that is done. Mayor Suarez: And include that. I would include that too, Commissioner, to Y- ,. r prohibit occupancy until all of that was guaranteed, or actually in effect, actually in place. Mr. Carollo: OK. T Mr. Plummer: All right, any further discussion by members of the Cosimissioa or questions? o Mr. Carollo: I have none at this point in time. Mr. Plummer: Commissioner Dawkins? !Mayor Suarez? Commissioner Rosario Kennedy? Call the roll. Mr. 01me0illo: Mr. Vice -Mayor, before you vote, just a point of 10fonsation. w In the cover sheet of the age►da, erroneously, the vote was rlistar*d a 6pt� �f't ,.. ... _ ... ......... .. .. _, . S is...wt w,»Cv..:'§t T.RTSi1fi Y{.•aNY. �T��- �, — 0 I - 0 vote for the Zoning Board on both items. items. I wanted to make it clear for the record. Mrs. Kennedy: I told you, Sergio. Mr. Plummer: All right, so noted for the record. It is 7 - 1 vote on both Mr. Carollo: The motion again, is based upon the conditions that we stipulat- ed. Mr. Plummer: To deny the appeal with the motion so stipulated by yourself, that they must comply with the landscaping provisions, or they do not have a certificate of occupancy and the building cannot be occupied. Mr. Carollo: And that is in height and thickness. Mr. Plummer: I assume any stipulations placed on them by this Commission. Appropriately, would it not be that the Commission has to set the height and the thickness, or what? Mr. Carollo: The height and thickness should be such that you don't see the building whatsoever. Mr. Plummer: Here we go with the sea grape trees again. Mr. Carollo: And counselor, you graciously volunteered that, as I understood, for the record. Mr. Traurig: The answer is yes. I think that Commissioner Valdes-Fauli has indicated, and he is the president of Ransom -Everglades, that that is an acceptable condition in this resolution. Mr. Valdes-Fauli: And the condition is that the C.O. will not be issued until the City, whether it is the Planning Department or the Commission, approves the landscaping that is provided by the school. Mr. Carollo: Fake sure the landscaping is tall enough and thick enough that you can't see the buildings whatsoever. Mr. Valdes-Fauli: That's understood. We will do whatever you tell us to do. Mr. Dawkins: Mr. Mayor. Mr.. Plummer: Commissioner Dawkins. Mr. Rodriguers You understand that the condition is that you cannot see the building whatsoever, and you are agreeing to that? Mr. Plummer: We wish you well. All right, motion understood. I will be voting against the motion. I still feel that the school is gaining and yet they don't want their view blocked, which is understandable. The Weiss's gain nothing, and they are getting somewhat the inconvenience of 130 foot wall by 60 foot high. I think there is a reasonable area of compromise. I am not an architect, so I can't say it. I was hoping that there would be the chance to have and work it out. I've always said it is a mean man that won't compro- miss. At this point there has been no compromise, but that is my statement for the record. Mr. Carollo: The problem is Commissioners, the people you deal with, they can never compromise with you. ?r;t Mr. Plummer: They really don't worry about that. Call the roll, please. N� dt' :aiz_ ar _ 63 } X AL }..l The following resolution was introduced by Mayor Suarez, who moved its adoption: RESOLUTION NO. 87-849 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND GRANTING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RS- 1, RS-2 ONE FAMILY DETACHED RESIDENTIAL, PRINCIPAL USES AND STRUCTURES, TO PERMIT THE CONSTRUCTION OF A STUDENT ATHLETIC CENTER FOR RANSOM EVERGLADES SCHOOL, WHICH IS AN ADDITION TO AN EXISTING PRIVATE SCHOOL WITH DWELLING OR LODGING FACILITIES FOR OTHER THAN CARETAKERS FOR PROPERTY LOCATED AT 3575 MAIN HIGHWAY, MIAMI, FLORIDA, (MORE PAR- TICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, SUBJECT TO THE FOLLOWING: DEDICATION OF THE NORTHWESTERLY +18 FEET OF THIS PROPERTY BETWEEN THE PRESENT PROPERTY LINE ADJACENT TO MAIN HIGHWAY AND THE STREET FACE OF THE EXIST- ING CORAL ROCK WALL, THE REQUIREMENTS THAT HEIGHT AND THICKNESS OF TREES MUST BLOCK THE VIEW OF THE GYMNASIUM BUILDING AND THAT LANDSCAPING MUST BE APPROVED BY THE PLANNING DEPARTMENT, AND A COVENANT PROVIDING FUTURE DEDICATION OF +12 FEET BETWEEN THE EXISTING WALL AND THE ESTABLISHED RIGHT OF WAY FOR MAIN HIGHWAY; ZONED RS-1/1 ONE FAMILY DETACHED RESIDENTIAL WITH AN HC-1 (HERITAGE CONSERVATION) OVERLAY AND LOCATED ON MAIN HIGHWAY, WHICH IS A SCENIC TRANSPORTATION CORRIDOR. THIS SPECIAL EXCEP- TION IS FILED IN CONJUNCTION WITH A VARIANCE REQUEST FOR HEIGHT, SUBJECT TO APPROVAL OF A CERTIFICATE OF APPROPRI- ATENESS BY THE PLANNING DEPARTMENT, AND A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OB- TAINED. (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 Joe Carollo Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. 3: ABSENT: None COMMMITS MADE DURING ROLL CALL: Mr. Plumper: For the reasons so stated, I vote no. COMMENTS MADE AFTER ROLL CALL: Mr. Plumper: The motion passes. The appeal is denied for a three to two vote. Mr. Traurig: We thank you very =►ch. 64 aSz �_i..'�3•,ea4.�..,�feS'A'�L�zv:Y'�Stf.�k':5�?T=r. _- ��-._ ..._ � ... s.__�.�;r.......�..�.:z:.�36.s-�4r...t+�Gia`,t J:.cage''�,�.�ic:�'.ti�s;a'Tk�u"d. :L•.a.:a"'�`.ta:ru;�e..Y�, �%' 21. AFFIRM THE DECISION OF THE ZONING BOARD GRANTING A VARIANCE, MAXIMUM HEIGHT TO PERMIT CONSTRUCTION OF A SCHOOL ATHLETIC CENTER FOR THE RANSOM EVERGLADES SCHOOL FOR PROPERTY LOCATED AT 3575 MAIN HIGHWAY, INCLUDING APPROVAL OF A CERTIFICATE OF APPROPRIATENESS BY THE PLANNING DEPARTMENT AND A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MAY BE OBTAINED. Mayor Suarez: PZ-17. Mr. Dawkins: Hold it, PZ-10, because PZ-10, I mean we have got all these people here, we told the budget 5:30 p.m. Mayor Suarez: This is just a companion item. Mr. Dawkins: Companion item, OK. Mayor Suarez: This is the actual variance. I'll entertain a motion on PZ-17. Mrs. Dougherty: One is a special exception and the other one is a variance. Mrs. Kennedy: Move 17. Mrs. Dougherty: No change in the zoning. Mr. Olmedillo: 17 is the variance. 16 was the special exception. Mayor Suarez: We have discussed 17 throughout the discussion on 16. We have got a motion here, Commissioner Kennedy. Do we have a second? Mr. Carollo: Second. Mayor Suarez: Seconded, any discussion? Call the roll on PZ-17. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 87-850 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD GRANTING A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, MAXIMUM HEIGHT, TO PERMIT THE CONSTRUCTION OF A STUDENT ATHLETIC CENTER FOR THE RANSOM EVERGLADES SCHOOL FOR a PROPERTY LOCATED AT 3575 MAIN HIGHWAY, MIAMI, FLORIDA Y (MORE PARTICULAR DESCRIBED HEREIN), AS PER PLANS ON FILE, WITH A PROPOSED HEIGHT OF 42117" (25' ALLOWED) AND SUBJECT TO THE FOLLOWING: DEDICATION OF THE NORTHWESTERLY +18 FEET OF THIS PROPERTY BETWEEN THE PRESENT PROPERTY LINE ADJACENT TO MAIN HIGHWAY AND THE `- STREET FACE OF THE EXISTING CORAL ROCK WALL AND A COVENANT PROVIDING FOR FUTURE DEDICATION OF +12' BETWEEN EXISTING WALL AND THE ESTABLISHED RIGHT• -OF -WAY FOR MAIN HIGHWAY; ZONED RS-1/1 ONE FAMILY DETACHED RESIDENTIAL AND AN HC-1 (HERITAGE CONSERVATION) OVERLAY AND LOCATED ON MAIN HIGHWAY, WHICH IS A SCENIC TRANSPORTATION CORRIDOR. THIS VARIANCE IS FILED IN CONJUNCTION WITH A SPECIAL EXCEPTION PETITION FOR THE ADDITION TO A PRIVATE SCHOOL WITH OTHER THAN CARETAKER LODGING FACILITIESO SUBJECT TO APPROVAL OF A CERTIFI- CATE OF APPROPRIATENESS BY THE PLANNING DEPARTMENT AND HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer ABSENT: None. Mayor Suarez: Just to clarify, there was a motion to deny the appeal and therefore, grant the variance on 17. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 7:35 P.M. AND RECONVENED AT 7:44 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT COMMIS- SIONERS CAROLLO AND KENNEDY. 22. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION IN CONNECTION WITH THE SOLICITATION AND AWARD OF THE CONTRACT FOR THE CITY'S PURCHASE OF 1200 GLOCK 17-9MM PARABELLUM HANDGUNS. Mr. Ken Nelson: Mr. Mayor, are we going to hear the budget first, or are we going to talk about the Glocks? Mayor Suarez: I'm sorry, what was that, Ken? Mr. Nelsons Are they going to talk about the budget first, or we going to talk about the weapons, the Glocks? Mayor Suarez: Do we have a resolution on the... Mr. Dawkins: On what now? Mr. Odio: Mr. Mayor, we are ready. Mayor Suarez: The pistols, yes. Mr. Odio: If we could go with that first. Mayor Suarez: PZ-10, I am looking at you and I know that for many, many months, we have deferred you and not taken you. God help us to be able to get to that item tonight. We will certainly do everything in our power. You are the next Planning and Zoning item. Yes, Art. Mr. Art Mullins: Mr. Mayor and Commissioners, as chief procurement officer, I have heard in detail the protest submitted by Lawman's and Shooter's Supply, protesting our award of the bid on the Clocks 9 MM handguns to the Clock Company and it is my recommendation that the protest be disapproved and I so make that recommendation to the City Manager. Mayor Suarez: OK, thank you. Mr. Odio: Mr. Mayor, based on his recommendation, I recommend that we issue a purchase order today for the Glocks. Mr. Plummer: So moved. Mayor Suarez: So moved. Mr. Dawkins: Second. Mayor Suareas Seconded. Any discussion? Call the roll. til r } 4 z �a} The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-851 A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION WHICH REJECTED THE PROTEST THAT HAD BEEN SUBMITTED IN CONNECTION WITH THE SOLICITATION AND AWARD OF THE CONTRACT FOR THE CITY'S PURCHASE OF 1200 GLOCK 17-9MM PARABELLUM HANDGUNS THROUGH BID NO. 86- 87-118 AS PREVIOUSLY AUTHORIZED BY RESOLUTION NO. 87- 809, ADOPTED SEPTEMBER 8, 1987. (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 Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Joe Carollo Commissioner Rosario Kennedy Mayor Suarez: You have been most eloquent on this issue, Ken. Mr. Nelson: Just to emphasize on the Glocks, we have been waiting a long time and the officers' safety is on line and we want to see them here as quickly as we can get them, and we thank you. Mayor Suarez: It sounds like you will. (APPLAUSE) Mr. Odio: I think it will be 20 days. Right?... 20 days? UNIDENTIFIED SPEAKER: I'm not going to allow you in front of me. You all took all my time last time. Mayor Suarez: We've got a little argument between the unions now. 23 A . SECOND PUBLIC REARING TO DISCUSS FY 188 ADOPTED TENTATIVE BUDGET. 24 B. DIRECT ADMINISTRATION TO ESTABLISH ONE MILLION DOLLAR RESERVE FOND IN THE POLICE DEPARTMENT FOR POLICE OVERTIME. a Mr. Nelson: Let me speak real quick. Mr. Dawkins: What are you going to do here? Mr. Manohar Surana: Item 3, discussion of proposed miliage rate and adopted tentative budget for the City of Miami. (A) Percentage increase in millage over rollback rater response - zero po percent. (8) City Commission listens and responds to citizens comments regarding the proposed millage rate. (C) Action by City Commission. (A) Amend adopted tentative budget if necessary.- (2) Publicly read the entire millage ordinance. (3) Adopt the final millage rate. (4) Adopt the final budget. Right now, Mayor and Commissioners, we are on iten number (B) which is City Commission listens and responds to citizen's comments regarding the proposed millage rate. F'{ ` Mayor Suavest Anything on the proposed mUlage rate? We have to vote on that �. on second reading, right? Ms. Rem Melsant Mr. Mayor. Mayor Suarast Tss. F F< �iy- Mr. Nelson: For the record, Ken Nelson, president of the Fraternal Order of Police. I support the rollback of the millage rate. I know the citizens of Miami have been overtaxed for a long time, but somehow I have a tendency to think you are putting the horse before the cart. You have to take, I think, Into consideration and try to make sure to make sure that the budget is going to be approved as is and then go ahead with the millage rate, because obvious- ly, if you go ahead, and after you approve the millage rate, it is going to be impossible for you to have any type of leeway in helping the Manager do it. Mr. Odio: Let me save you some time, Ken. Mr. Nelson: It needs to get done. Mr. Odio: They can roll back even further the millage rate. It cannot be increased at this time, so they are not putting the cart before the horse. They can go further down, but they cannot go up. Mr. Nelson: Yes, I know that, but I am saying the cart before the horse is that you are going ahead and you are going to roll back the millage rate, but you haven't decided on the final budget. You should be able to decide on the final budget first and then if you come within your parameters there, you could go ahead and roll back the millage rate. Mr. Surana: Mayor and Commissioners, we are required by law to follow the procedure and procedure requires first we adopt the millage rate and then the budget. Mayor Suarez: We understand the point and obviously we will take into consid- eration all the arguments made on the actual budget, and if that means that somehow we have to go back and change the millage rate to the extent that we legally can... Mr. Nelson: You can't. Mr. Dawkins: We can bring it down, but we can't take it up. Mr. Nelson: And once you approve it, it is final. Mrs. Dougherty: Mr. Mayor, you may not increase the millage rate over what you adopted on first reading. Mr. Dawkins: But you can decrease it. Mayor Suarez: We could make all the arguments to both issues. I don't think there is any reason we can't... we have to take vote on this right now. We can take a vote on both, right, Madam City Attorney? Mr. Plummer: Well, but wait a minute. We are on section (B) is to hear the comments of the citizenry. Section (C), which is what is adopting the mill - age, is (C-3), so actually, we are going to hear from the citizens first. We are not adopting the millage until we get to (C). Mayor Suarez: We'll hear comments on millage, on budget, whatever you want to address on the two issues. They are related, they are interrelated, you have proven that. Mr. Nelson: They are. What I am saying is, you need to find out how much moneyhave in checkbook before you our y y you writs the checks. Mr. Plummer: Also what is being said by the Manager I guess, is that he knows =g what the maximum is, he doesn't know what the minimum is, so that is where we are locked in there. k Mayor Suarems Do we bear from Sanitation? Mr. Sill Saitb: Since you shortchan ad me last time, Hs. Ma pr y g y , you promised me I would be first. I'm tired of these glamour boys taking up all the tt" 3` and then you all Setting tired at 10:00 o'clock and leaving as strendod. you the record, my name to Sill Smith. I'm the executive director of the VaUtaw tion graployee's Association and we left off a couple of weeko '+59` #j$4, Vy ' � CunCerns wore that this City Passed ` chapter xg during host - � y�iar' � • :kudEi�t : �� hearing. At that point in thw# they *ado certain COMiUM•mts` t# 149 out d N L lop get Mort to help make the Solid Waste Department more of what we call the Enterprise Fund, with it dependent on its own. It has been now over a year and we haven't done anything towards that issue. We have $200,000 worth of equipment that has been sitting for three months. We haven't done anything with that, and I think it is about time, the pot is getting bare, that this City Commission directs the Manager who in turn tells the Department of Solid Waste Director, "Let's go out and get some business." Mayor Suarez: How are we doing on the promotion on the Bayside waste disposal removal contract? Mr. Odio: I forgot to tell Bill today that the contract is signed. The commitment that Bayside had with the private hauler that was there, that they give him 30 days notice. They have been notified. We start service in Bayside November lat. Mayor Suarez: OK, are we going to be aggressively doing that not only in Bayside, but other... Mr. Odio: I have instructed the director of the department to appoint one person to go business by business to solicit business. Mr. Dawkins: And who is that person?... because see, I've walked up and down S.E. lst Street, Mr. Manager, and the gentleman who is the head of the mer- chants downtown assured me that he was ready to give the work to the City of Miami but nobody's been there to solicit, so now, solicit it. Mr. Odio: We have... Mr. Dawkins: So who is supposed to be going out there getting new business? Mr. Odio: Dan. Dan? Stan Carballo. Mr. Dawkins: Well, find out. Call somebody up here now you tell me who it is, sir. Mr. Odio: No, uo, Stan Carballo. Mr. Dawkins: Beg your pardon? Mr. Odio: Carballo. Mr. Dawkins Carballo? Mr. Odio: Carballo. Mr. Dawkins: Thank you, air. Mr. Odio: Carballo. Mr. Dawkins: OK, thank you. Mr. Smith: Can we have for the record a time frame for which this will start. Mr. Odlo: November let starts service at Bayside. Mr. Dawkins: Mr.... No, no, no you cannot, Mr. Hold it, hold it, hold it. No, you cannot because we aren't going to lie to you, OK? We're going to work on this as diligently and as fast as we can and we're going to get the job done with your help, the Manager's help and the director's help. No, now we're not going to stand here and lie to each other and I give you a date and it start the day after and we have another argument. Mr, Smith: But then, Commissioner, can.Me be assured from the Commission.that the Commission will monitor the process? tjr. Dawkins: Only if you monitor it and report it to me, all right? Hr, Wthi Thal you. i �l i 09 #rpg l AINE Mr. Dawkins: 'We're not going to assume this responsibility by ourself. You have as much. of a responsibility to see that we get new business to keep your men working as we do. So it's your responsibility to let me know that we are not getting the work that's out there that'll keep your men working. Mr. Smith: My other concerns is that the employees of the solid waste depart- ment deserve as much freedom of mind when they are at work as far as their cars being vandalized, broken into, and objects being taken out of them. Over the past years, we have had a lot of problems out there. Now, we can deal with these problems ourselves but we don't want to have no problem with these people you see sitting out here. It's because we don't want to have to deal with them too. Which we can and that won't be no problem. We need some security on the solid waste department. We need some direction from this Commission so if you don't work there you have no right to be there. It's useless, a man cannot go out and do an honest day's work worrying or not that his automobile is going to be parked there when he gets back. Mayor Suarez: It shouldn't take - excuse me, Bill, it shouldn't take much to secure that facility. To keep out those who are not there for a good reason. Mr. Ingraham: We have submitted it to the City Manager for his review a plan that was completed by the Miami Police Department in that regard. The SCA is correct in reference to the problems that we are having and it's a matter of the administration approving that in concept and allowing us to go ahead and actually getting it done so we would need the City Manager's approval to do that. Mayor Suarez: Sounds a bit complicated there. Yes, Commissioner. Mr. Dawkins: Get what done? Mr. Ingraham: For him to review the proposal that we've sent to him for his approval or disapproval of it so that we... Mr. Dawkins: We have units in the area that patrol - they work ten hours a day, right? - ten hours a day, OK7, now we know that the sanitation workers go tc gmrk 5:30 in the morning because I'm down there sometime with them. Now what kind of a master plan you need to demand that the cars roving in the area go through there periodically every fifteen minutes, every ten minutes or something as they ride through the commis... you need a - what kind a plan do we need for that? That is going to take a $60,000 a year man to pass it to a $50,000 a year man to give it to a $100,000 a year man? Come on. You all tell me how you're going to secure this place in the mornfag, Mr. Manager? No, tell me now how we're going to do it? Mr. Odio: I can't, Commissioner, the same way that you said before, I don't want to tell you something, I have to talk to the Chief of Police, get a report out... Mr. Dawkins: Well, where is the Chief? Vell, get the Chief then. Mr. Odios I don't know what's happen... Mr. Dawkins: All right, hold up all the budgets till you get the Chief. Mr. Odio: Frank, get the... Mr. Carollo: Mr. Manager... Mr. Dawkins: Don't pass no budgets till we get the Chief! Mayor Suarez: He's here, he's here, he's here, he's here. Mr. Carollo: Mr. Manager, there's no way in the world that you are going to secure that place unless you have a full time person there at night making rounds. Mr. Odio: Well, I can't... Mr. Carollo: And you're kidding yourself.. Hr. Odio: ?bat': Moat their.:. 70 Mr. Carollot Because you could have the police officers come once every half hour, once every hour but they can't be there the whole time. The only solution is what I told you before. You need to place a security officer there paid by the City period. Mr. Dawkins: And not Genesis. Mr. Carollo: Of course not. Of course not. Of course not. That's the only solution that you have. Now, can we find that in this budget do you think or do we still have to pay more at the end of the year by all the thefts that we're having. - Mr. Odio: It's in the budget and we will take care of it but I don't think I can develop a plan right here and now. Mayor Suarez: No, you answered his question. Mr. Carollo: No, I'm not expecting you to develop a plan right here and now. Mr. Odio: No, I will. The money is in the budget. Mr. Carollo: But I do expect a plan by tomorrow. It's simple. You got seven days out of the week between such hour and such hour... Mr. Odio: Right. Mr. Carollo: ... you need to have somebody there. Mr. Odio: It's already written. I have to see it and I'll approve it and we'll put it into effect. Mr. Carollo: In the same program that the Police Department has established with our own City of Miami hired security officers can be implemented there and one can be placed there. Mr. Odio: Yes, sir. No problem, yes, air. Mr. Smith: Mr. Mayor, I have one other area that I &% to taLL &taut sad that is last year we also passed that all new construction in the City of Miami - will come under the solid waste for pickup. To this date, that has not happened. Mayor Suarez: How are we pursuing aggressively on new construction, Joe? Mr. Ingraham: The problem that we have in that area is relative having a person specifically for solid waste assigned to that function in the depart- ment of building and zoning. We are reviewing that right now with the build- ing and zoning department and in reference to identifying personnel to assume t — additional responsibilities and as soon as we can work out that particular problem someone will be assigned to do it. Mr. Smith: Mr. Mayor, I don't seem to understand why we have to have.somsone who can read blueprints to be able to tell a contractor that he must provide X number of feet to X number of feet so that a City vehicle can get in and out y and the type of equipment that he's going to use in there, whether it be a _ compactor or front end loader, dumpster o. rear unloader dumpster. That's all � the information that is needed so that department will know that when that building comes on line and get a certificate of occupancy, that there's going q to be a six yard bin there and that's going to be picked up from the rear and the truck can get in and out. I mean, to sit here and say we have to identity somebody in the department of building and zoning to do this does not make - sense. That's just another May of going,.. 3t_ Mr, Kummer: It would seem like to me that when they take out a pewit they $" would be informed at that time under the now City ordinance that t.hey've.got to use the City pickup and without having that complied with, they don't set. C,0, Just that simple on new construction. Vhy do you need an Individual when they just, you know, they know from the beginning that they've: got to'do We* you don't do it, you don't got your C,0, b: z' 'tea n6 yyyy 'tom 4. ..' 4 Y �ICF Lv.LR'✓C'_"O4Ei'='-��i3.T'3.�'F`z �C��"1:.WTVrw�N�s��x'�u3,!{� �j f � ;F,.t. i - t!-rI`i.. 2 • _ 3�.4> rk"R+' 6_ , bi= �'- iiL.e }.? ;`S ,'1,�- .,. r _ - Mr. Ingraham: Mr. Plummer, the matter is in the process of being reviewed, not just specific to the person but to the function and we're in the midst of working that particular problem out at this present time, I assure you. it will be done. Mr. Plummer: I guess the question is, Joe, when? Mr. Smith: Thank you. Mr. Plummer: Well, there's an easy way to do that, all right? Mr. Ingraham: Um humm. Mr. Plummer: I think this Commission then request from you through the Manager that we have weekly statements that are provided to this Commission in the form of a memorandum until such time as it is completed. Mr. Ingraham: On that particular matter, yes, sir, and... Mr. Plummer: Sure. And the other one as far as the security is concerned. Mr. Ingraham: OK. So you would make that directive then to the Manager I assume. Mr. Plummer: Mr. Mayor, I make a motion that until these two items are completed that weekly memorandums be provided to this Commission giving us the posture at that particular time. Mr. Carollo: Well, I second that. Mayor Suarez: Moved and seconded. Mr. Carollo: If I may, Commissioner, I'd like to go a little further than that. I'd like to make a substitute motion that we give the Manager two weeks to implement that. Two weeks to implement what the Commission has stated here. Mr. Plummer: Can you live with two weeks? Well, I don't want to rush into it and do it wrong. I think we can determine by the weekly memos whether or not he's proceeding with enough haste or not. I think that - you know, if he can do it in two weeks, Joe, that's fine. Mr. Carollo: Hey, J.L., this City administration has known for weeks and weeks and weeks of problems over there and no one has gotten off their behinds and done anything about it. In the meantime, how many thousands of dollars have we lost over there at the sanitation department office next door? Mr. Smith: We have lost more than hundreds of thousands of dollars, we've... Mr. Carollo: It's a heck of a lot more that it's going to cost the City to hire it's own... Mr. Plummer: Well, Joe, let's do it this way, if I may and I understand what = you're trying to accomplish and have no problem with it. Let's say that if it's not accomplished by the meeting of October the 8th it be scheduled for an T<i agenda item. Mr. Odio: Let me clarify something, Walter... Mr. Carollo: OK, I'll make a substitute motion to that effect, J.L., that 'T will be fine. Mr. Pierce: May I afrk a question please? I was listening to the exchange and z I thought I heard Mr. Smith say about mandatory use of City services citywide for collection. That In not something that's in the ordinance. right now. F z Mayor Suares: We don't - yes, we don't have that in the ordinance. i think he meant that... Mr. Pierces it's not in the ordinance and in order to accomplish what ,b*90 asking would require an amendment to the ordinance would have to t*ke=-.*ti t► s =, 90-120 days to draft and to brim beck to this Commission wmd beck .n fd .: aL x i IA Mr. Dawkins: Well, Mr. Pierce, Mr. Pierce, Mr. Pierce. Mr. Smith: No, no. No, no, you're wrong. Mr. Dawkins: What would stop you from going out telling them that we're in this business and pick up the garbage until we pass the ordinance? Nobody's picking up the garbage from a new construction. Nobody. So now what's wrong with us having a salesman who go out there and... Mayor Suarez: Right, that's what we need, we want an automatic... Walter, Walter... Mr. Pierce: Mr. Dawkins, as I have said before, I agree totally with you that we should try to sell this service, but... Mayor Suarez: Walter... Mr. Davkinss Yes, but don't - I'm tired of excuses and you coming up here with another excuse. Mr. Pierce: No, I'm not making any excuse. Mr. Dawkins: Yes, you are. Mayor Suarez: Wait, wait, wait. You clarified the ordinance is not mandatory right now, what we want is an automatic mechanism so that we get to every single entity before they go on line, before they get a private hauler and offer them our services. That's what we want. Mr. Pierce: I agree with that and we will do that immediately. Mr. Smith: Mr. Mayor, if I can refresh your memory, Mr. Dawkins himself made the motion last year that all new city's new construction will have city service. This Commission passed it. Nov where he gets this from is beyond me but it was passed - and if you can go back to the minutes, I'm quite sure you'll find it. I'm not sitting up here thinking up something off the top of my head. Mayor Suarers Well, you mean mandatory, that they were not competing, that they simply would not be able to... Mr. Smith: That they must have City service when they come on line. Mayor Suarez: You're talking about construction of a City... Mr. Smith: New construction. Mayor Suarez: You're not talking about construction of any kind of a joint City public and private project, you mean any construction that takes place in the city. Mr. Smith: New construction in the City of Miami. Mayor Suarez: Well, I remember getting a legal opinion to the effect that we could do that, but we never did it. We tried to devise a competitive schedule that didn't work out and I think... Mr. Pierce: But just for the record, that is the requirement in downtown Miami. In the central business district, the City has the right of first refusal for the collection of all solid waste. In the central business district only. Citywide there is a requirement that before any permit is Issued for now construction, especially commercial construction, meaning three residential units on any business property, that the location of all garbage receptacles, garbage containers, litter containers, must be approved ou those plans before the building permit is issued and the contractor must also damonstrate to the building official that he has adequate provisions for the .. disposal of the construction debris. But as far as once the building is cowpleted, there is so such requiremats in the City ordinance at this point. Mayor Suarez: Do we have a right of f trot refusal at that paint and if soy V"t does it consist oft _ 73�tf't, . . 3 a .y1 Mr. Pierce: We don't. We have to sell the job and I think Commissioner Dawkins is absolutely correct that we need to do a better job of selling and = that is what I'm saying. We will do that. Now... Mayor Suarez: And that it must be automatic and that every single one must be reached before we give them that C.O. Mr. Pierce: Building and zoning will be required to immediately notify the department of any applicant seeking a building permit for any commercial because we automatically pick up the residential anyhow. And at that point, solid waste will have the responsibility to go out and sell that person until we can get a mandatorial provision passed by this Commission. Mr. Smith: I have one other item and I'd just like to remind that last year that when we passed chapter 22, there was a ruling by this Commission that there be 30 positions to the solid waste department. In October of last year, Mr. Dawkins asked about that and you, Mr. Plummer, said, let's wait till we get the money before we bring them on board. However, without being able to pick up the new business we haven't got those folks and I just want to remind you that you did promise us 30 more positions and I think that if the City push forward to bring the new business on board that sometime in a year we it expect you all to keep your promise. Mr. Plummer: Sure. When have we got the money? Mr. Smith: Thank you very much. Mayor Suarez: You'll need them to be able to do all of that work. Mr. Ken Nelson: Now it's my turn. Ken Nelson, president, Fraternal Order of Police. Before I get into my presentation, I have some questions like last time that came up between the last Commission meeting and this meeting that I would like to try and get answered. And the first one I direct to the Manag- er. Mr. Manager, if you took a look at last year's budget that we expended, how would you classify the management of that budget? Would you say it was properly managed or was there mismanagement? _ Mr. Odio: I don't know yet the savings in that budget, I believe the last time I looked, it was $2,500,000. If that's the case, on a $71,000,000, was _ it 74? Seventy-four; it looks like they're going to spend only about 71. I would say that's a fair start, from what I... Mr. Nelson: You'd sty it was properly managed then, right? Mr. Odio: I was saying, it's a fair start to what I've been trying to accom- plish which is not to waste City dollars. Officer Nelson: OK, Mr. Manager, in this year's budget and just recalling your terms from last Commission meeting, you said this is a bare bones budget, no fat, no excess. Is that correct? Mr. Odio: I wish it was true, I think we still have some fat and I'm still looking. I think it's a step forward in the right direction and I'm hope that I can find some more fat between here and the next budget. And I'll be sure glad to trim it off. Mr. Nelson: OK, my next question is to anybody who can answer it. How much In this year's budget for the Police Department is allocated for overtime? ( Mr. Odios I don't know the figure off hand. Mano, do you have it? ( Mr. Nelson: Does $1,000,000 sound correct? - Mr. Odlos I don't want to tell you that. We'll have it in the book. I doaft have that good a memory. Nano Suranao fl ighty-ssven or 88? What budget? Current year budget? Mr. Nelson# flighty -eight. 0 El Mr. Odio: This budget we're talking about. Mr. Nelsons $1,000,000. Mr. Odio: Yes. Mr. Nelson: How much was spent in last year's overtime? Mr. Odio (Off mike): Do you have it? Do you have the exact amount? Mr. Nelson: For 187. Mr. Odio (Off mike): I saw it. How much did we spend in hours in 187? This current year. Mayor Suarez: I think youtold me 3 point... 3.7 million. Mr. Odio: Three point seven. Mr. Nelson: How about 3.7 excluding the pope's visit? Mr. Odio: Three point seven. Mr. Nelson: All right, in this year's budget, we have 1,100 police officers, I think, 326 civilians; all those are fully budgeted and allocated. Mr. Odio: Yes. Mr. Nelson: Is that the manning? The numbers, are those correct? Mr. Odio: The current year? Mr. Surana: What do you mean by fully funded. You want to clarify that? Mayor Suarez: He said fully budgeted. Mr. Nelson: Fully budgeted. Meaning, do you have the positions so you have the money set aside to pay for that position? Mr. Surana: OK, OK. Money is not budgeted from October 1 through September. Money is budgeted based on when they want to fill those positions. Mr. Nelson: Let me ask you this question. How many PSA's are authorized in this year's budget? Mr. Odio: Forty-one. Mr. Nelson: Forty-one. OK, I can help you out if you want me to. r Mr. Odio: Good. Mr. Nelson: How many are funded? r Mr. Odio: You have one budget, I have 27. Mr. Nelson: How many are funded? Mr. Odio (Off and on mike): How many are funded? Thirteen. Mr, Nelson: Thirteen out of 41. Mr. Odio: Right. Mr, nelsons All right, at .the. last meeting we talked about the $17,000,000 ` bonds whatever you want to call it in addition to the 71 million, Ny;question is, bow mooch, and we already know that 10• million is allocated t4 .ths ..north ; south substation, and we all already know that a certain portion of thst'otbor 7 million is devoted to capital improvomants, my question is, bow much, out of that $17,000,000 can be utilised for: day to day operstiQa -o! tbe�$Qi 00 7$pt0,t' <x cr.ir Mr. Odio: I believe that last time I looked, it was 6 to 7 million dollars. Right? Of the... Mr. Nelson: About one or two? Mr. Odio: The second dollar funding is six to seven. UNIDENTIFIED SPEAKER: Are you talking about bond... Mr. Nelson: Yes, out of the 17 million. Mr. Odio: You take 10 million. Mr. Nelson: How much can be used for the day to day operation of the Police Department? Mr. Odio: Take the $10,000,000 off the substations and you got the balance. Mayor Suarez: That's the only amount that's for capital improvements of the seventeen. Mr. Odio: That's correct. Mr. Nelson: Parks Department. How much money are they getting out of the Police Department's bond money this year? Mr. Odio: I believe the boxing program is a total of $800,000. Mr. Nelson: Almost a $1,000,000. Mr. Odio: Yes, that's the boxing program. But they are not getting - that's not for the parks department, that is the ongoing boxing program that which you have Sgt. Burns, is it, running in the Police Department. Mr. Nelson: OK, in the... Mr. Odio: And we all agree that it's a good program and it's deterring crime. Mr. Nelson: In the current years budget coming up, how much money is allocat- ed for uniforms? Mr. Odio: (Off and on mike): What is it? Three hundred? Three hundred thousand. Mr. Nelson: OK, what year's allocation? Mr. Odio (Off and on mike): What? What year? We're talking about 188 budget? Mr. Nelson: Yes, you had three hundred thousand but that's for last year's allocation that you budgeted out of this year coming up. You don't have any money in the budget for next year's allocation. Mr. Odio: Three hundred and fifty thousand, air. It's for 188 budget for uniforms. 8s Mr. Nelson: So we're going to get 300 thousand out of that for the 86-87 issuance of uniforms and we're going to take 50 thousand and budget it for 1988. Mayor Suarez: The implication, if not the explicit argument there, is that we skipped a year in buying uniforms. Mr. Nelson: Basically what happened is our uniforms was delayed so such to 5 the extent that one year alwat ran into the other and what I thiiak was attempted to occur, they're going to try and combine two years issuance into one year issuance and we wouldn't stand for that. I gust want to put them on record. Mayor Suarez; What's the answer to.tbatl Have we in effect skippel'<a .n $sve we skipped most of a year by the timing of the Issuance of unifosm�e .ate :. Mr. Mazur: No, sir, the current year budget we'll probably save about approx- imately $100,000 because of the uniforms situation. Mr. Dawkins: You will not save a penny. OK, Mr. Manager, 1 distinctly told you that I did not want any carry over money in any uniform line item because we had policemen on motors with shiny uniforms that I, did not understand why. I also went out and showed you that there were sanitation workers who did not have uniforms, there were also people in parks and recreation and public works who did not have uniforms. And, Mr. Mano, you assured me that we would spend every penny budgeted in the 86-87 budget for uniforms and that there would be an equal amount budgeted in the 187-88 budget. Is that correct, air? { Mr. Odio: Commissioner, we will spend the money on uniforms. Mayor Suarez: You got nine days. Mr. Dawkins: OK you are telling him what - so you tell him when you're going to do it, right? OK, I have no problem. Mr. Odio: We will spend the money in uniforms. Right? UNIDENTIFIED SPEAKER: Right. Mr. Carollo: Well, I'll tell you one good place that, Mr. Manager... (Applause) Mr. Odio: The only reason we have a... Mayor Suarez: Please, please, please. Mr. Odio: ... they have not placed orders, if they need they should ask for it. There has been no restrictions in uniforms. Mr. Carollo: Mr. Manager, one... (Booing) Mayor Suarez: Please, please, please, please, please. Commissioner. Mr. Carollo: One area that you could certainly spend money in and that should be a point that should be included in the next contract that we make is to make sure that not only are they going to be supplied adequate uniforms but that the leather that they wear is also going to be provided by the City of Miami. (Applause) Mr. Carollo: You know, it doesn't make sense to me that if we issue a gun and uniform, that we're not going to issue the leather that goes with it. Mr. Nelson: OK, Mr. Mayor and honorable Commissioners, between the last Commission meeting, this Commission meeting and all the other meetings that took place in between, you've heard the facts and the figures concerning the upcoming budget and particularly the Police Department's budget. At the -last Commission meeting, you heard Chief Dickson come before you and tell you that with a $71,000,000 budget he would have to eliminate 130 positions. You also heard him, when I asked the question if he could operate on 5 percent less, his response was unequivocally no. You also heard him tell you that he would be able to keep the same level of service for that $71,000,000. And I've prepared, for the Commission's review, several overlays which I believe will help to enlighten the Commission so that you may make an informed decision. If we could turn out the lights down there, I think you'd be able to see that a little bit better. This first overlay Is the appropristions;sumrmary for the upcoming budget. '. !Mayor guares: Can you sharpen the focus on that, somebody please. Mr. Nelson; I don't want to get into each and every one of them but It you just take 3 look at it real quick, the department of devolop "aunt fe- gogtist. _ $260#000 raise in their' budget. finance to getting $107,000. Fire.Rosioug, .f 4 ac _.. _..i .. .. _.. .. ,, .... .... „.. . __.,_ .. ... i_ r... t .L .. 1 k.o.._..L.�_,iP «. .. „3.iL:. Ya _.,e �'..¢.4•p�.:^i��3. which we know last Meek came before you and wanted to cut service on one engine, is getting a 1.8 million dollar raise. Internal Audit and Reviews, $39,000; Management and Budget $108,000; Parks and Recreation $454,000 which a $1,000,000 is coming from the Police Department bond money and Planning 'is getting $293,000. And you look down at the Police Department, we're getting a 3.27 million dollar cut. Then if you take and you look at the final figure you'll see from the City that the amount adopted in 86-87 is $213,000,000 and some change and for 1987-88, it's going to be $211,000,000. So then, overall, the City's cutting their budget by 2.78 million and the Police Department's getting forced to eat 3.27 million of that. On the next slide overlay, and these are figures as of August 31st, that came before you and we asked the number of sworn on hand. And we know the Manager said that we're going to dedicate 1,100 positions and we're going to have 1,100 people on board. Well, the Commission did that last year with 1087 and we can as of August 31st, with a month left to go in the budget year, we only had 1036. There were 19 or 29 or whatever you want to call it out in the academy but those aren't police officers on the street helping to fight crime. These... Mayor Suarez: Let me clarify something, Ken, last Commission meeting on this issue we got the figure of 1067. Mr. Nelson: Yes. Mayor Suarez: Let me see what... Mr. Nelson: I have the department... Mayor Suarez: We got 1067 plus 20 in the academy, that's what we were told in the last Commission meeting. Mr. Nelson: I have the department's a copy of their last status report for review for the Commission. Mrs. Kennedy: We got three different figures at that Commission meeting. Mr. Nelson: You take a look at these figures. They already take into account 62 positions for civilians which are vacant during fiscal year 86-67 and were deleted right off the start from this year's budget. In the next overlay, I prepared a self analysis of the department's budget for fiscal year 1987-80. Our proposed budget, in the first line is $71,000,000. We heard at the last Commission meeting that that doesn't take into account inflation for 1986-87, It's not going to take into account inflation for this year coming up and it didn't take into account for step or longevity raises. If you take and you subtract all those from that $71,000,000, the equivalent amount of money that you're asking the Chief to work with this year in value of last year's dollars Is $66,731,490. That means that if we were to force this budget on the Chief last year, if you use the 71 million that the Manager said or use the 73 million that I got from the department when I made my public records request, that the department's anywhere from $5,000,000-$7,000,000 short of the money that was needed to operate this year and if you look at the bottom, that converts to 6.02 percent short. The Chief said he couldn't live on a 5 percent cut but in essence, he's getting a 6.02 percent cut that he didn't even figure on and he's not going to have that money. And the next overlay and the shortfalls in the fiscal year budget. Now these aren't Ken Nelson's figures, these aren't the FOP's figures, these are coming directly from the budget that was prepared, the $71,000,000 to be submitted before the Commis- sion and the testimony that you heard from City officials at the last Commis- sion meeting. Again, it does not account for the inflation in 1987 or 88. It does not account for the step or longevity raises. It does not properly fund overtime. We spent 3.7 million dollars in fiscal year 86-87 and we budgeted 1 million this year. It does not fund the 31 PSA's. The figure we got here was 13 but the figure I got from the department In that we had 41 and only 10 were funded. So that may be off by three. And it does not provide for any con- tract raise, pay, and/or benefits. Tou heard the Manager say here unequivo- cally that he was giving zero pay and zero benefits to all City employses. Mr. Odiot I didn't may benefits. I clarify that for - I said sero, that's the cost of living increase, it does account for the step longevity .raise, it does account for that. Mr. Nelson: OK# but it doesn't account for any increased begefitsf-thst wW d cos up in contract negotiation. 78 77 - y>�r+� �. k':w„ri� �� `-�v'•..,�'3'6.e,.-.�o±'i.�:`'��kYsi"'t+"�m.°'wa.ca� �,��Y.2iy"3.`c^Q_ r �`�, Mr. Odio: I did not say that. I said cost of living increases, so that is - clarified. And I told you also... Mr. Nelson: OK, I don't want to get into an argument with you but we can look at the record and... Mr. Odio: I also told you that I would not discuss it here because we are negotiating a contract and if I tell you what I have in the budget for certain items, that's what you would come out to get. 1 think that's a disadvantage in this case. Mr. Nelson: Again, I wouldn't bring it up if it hadn't been brought up at the last Commission meeting and I'm just trying to reemphasize it. Mr. Odio: Well, I guess it's a misunderstanding. It does not account for cost of living increase and my point is very simple, if we give you the $3,000,000 that you're requesting and how much will go to the cost of living increases from that? About a million... Mr. Nelson: That was on the other... Mr. Odio: One, of the three million one point six would go to increases in salaries and it will not increase productivity or additional service to the - as far as the Police Department is concerned. So what we decided is, that some point along the line, we had to stop the spiral in the City because I have a projection here that you're welcome to see and we are close to the ten millage. That's not a secret. If I increase the millage to 10, if the Commission chooses to do that, you would raise about $3,500,000, OK? After that, what happens Mr. Nelson, where do I get the money - the City of Miami gets the money to fund, not the Police Department but the Fire and the Parks Department and Solid Waste and all the other departments that are needed in the City of Miami to have a better living condition. I know how important the Police Department is and you know I have fought every inch of the way to get everything that I could for the Police Department but at some point there has to be a line drawn and say, where do we go from here? Let me give you... Mayor Suarez: OK... Mr. Odio: Mr. Mayor, if you would. A projection... Mayor Suarez: Because I'd like you to go one by one on the items and let's get them all clarified. Mr. Odio: A projection on the - this is from 185 through 198 and we were - in 187 we adopted $187,000,000, round figures. Nov we're proposing $184,000,000. What that does, in 189, it will bring us back with the normal inflation back to $187,000,000, OK? When we do that, the deficit will be 4.4 million dollars for the City of Miami that somehow, some way we have to find that money before next year's budget is presented. I have to make up... Mr. Nelson: Mr. Manager, nobody's trying to fault you for trying to do your job, and just let me explain... Mr. Odio: No, no, no, no, no. Let me explain, let me explain... Mr. Nelson: I think you inherited from your predecessors in the past and unfortunately, it's come to that point. Mr. Odio: Well, that's a poor excuse. I get paid to sit here and talk to anybody and explain my situation which is not mine, it's the City of Miami - financial future, OK? The solutions down the road might be that we all wear brown shirts, I hate to think about that, frankly. But let me tell you... S Mr. Nelson: Let me ask you this question, how can we go ahead and say zero pay raise to the police officers... Mr. Odio: No, I didn't say it to the police, I said to fire and to.Af'SCHXsad to everybody else, we have to be consistent. We... Mr. Nelson: .,. and everybody else would include the pollee off icer#@- 79 is �.. .. Mr. Odio: ... and including us, everybody here. Mr. Nel'son: How come, Mr. Mano Surana there got an $8,000 bonus. Mr. Odio: No, I never, oh... Mr. Nelson: Other people got a $70000 bonus... Mr. Odio: I'm glad you brought that up. Mr. Nelson: Others got a $5,000 bonus. (Applause) Mayor Suarez: Pleaset Please! Mr. Nelson: Let me just tell you this. I think these people did a good job in managing their budgets but if it weren't for the peons and the grunts like us they wouldn't be able to manage their budget because we're the one that's out there doing the work. We're the producers. Mr. Odio: These people that you're talking about while you got your increases for two years they have not received one penny increase in salary, OK. And now, they are entitled to receive something for their work. They had not received one penny salary increase since I became City Manager. That's two years ago. Now let me tell you something about the bonus that is thrown around and sounds like a bad word. I have here and you can check it out with your auditors if you wish, OK? That bonus system, if you project it in five years, if I give these people that you're talking about 5% increases, mind you, they were receiving up to 13 percent a year salary increases before I became City Manager... Mr. Nelson: And that's your predecessor's fault, but go ahead. Mr. Odio: Thirteen a year - I don't care what fault it is I'm telling you what I have to live with. Thirteen percent salary increases every year, OK? When I became City Manager, frozen. Now, they are human beings, they are entitled to incentives. So what I did I studied what is the alternative to keeping the salary bases frozen and at the same time have them be able to get some added incentives out of this. The result is, it's astounding, I was surprised when I seen these numbers. If we give them a 5 percent salary increase for the next 5 years, OK? It would cost the City, if I read that correctly, four point six two point seven million, OK? That's five percent Increases only if I... cumulative. If I take the 5 percent salary increases for the next five years off and in lieu of that we give them a bonus, the City will save in five years cumulative, five point four nine eight million dol- lars. Now, I'll buy that anytime. And I'll buy it for last year we paid, so that you'll know, $168,000 in bonuses, OK? That's what two of the big execu- tives used to make around here in a year. We paid $168,0001 You know what we saved? Twelve million dollars. I'll take that any time. Mayor Suarez: Well, Mr. Manager, there's a little problem with the way of the bonus system working on the basis of a percentage because of percentage of five percent of a salary in excess of 450,000 is a lot more than five percent of a salary in the $20,000 range. So... (Applause) Mr. Odio: I didn't say... I agree, but Mr. Mayor. :1! Mayor Suarez: And the accomplishments of your bonus program per se, the efficiency that's been obtained, it's not objectionable. We agree with that. Mr. Odio: Fine, so, but I... Mayor Suarez: That's the philosophy of government that we have instilled. Whether you should do it by a 8 percent bonus or not, you know, is something that I think we're at the point now that I think the C%=ission has, I believe everyone has expressed themselves on this and if they havoo t let M- *Xproff sypolf on it, that I don't think that's the way to go in the future. 3'h4t doesn't mean, in any way, that we go counter to the objectives that ''t r rc' x viYr 1a. - .. I a Mr. Odio: You are my bosses. 1 follow orders, 1 know how to do that, but let me tell you something, sir, if... Mayor Suarez: And I have a feeling that they're going to still - going to create the efficiencies necessary and do the streamlining necessary and so on because they're good conscientious people and then most of them are also getting paid more than $50,000 a year. Mr. Nelson: Mr. Mayor, if I might interject a little bit here on how these bonuses are being saved. I think in a utopian society that it be great and everybody be working for the betterment of the City but in actuality, if you look, you're going to find out some of it's saved through salary incentives where people aren't - or salary savings where people aren't actually hired that are needed to do the job just so people can make their money. For the Police Department, we... Mr. Odio: How do you know that? How do you know that? We have not hired people here - you know, I have a very simply philosophy... Mr. Nelson: Look at your overall budget, how many positions were cut out over the year. r Mr. Odio: They came to me to hire two supervisors in some other department and you know what? They had to have it. You know what, they never got him '— and nothing happened. We're still functioning very well thank you and we saved the money. Nov, you're asking me on one hand to trim the fat and then on the other hand, you're asking me not to. So make up your mind. Mr. Nelson: But let me just tell you a couple of other ways this money is being saved. First of all, I'm not arguing against anybody getting some type of raise because I think... Mr. Odio: You can't have it both ways, Nelson. Mayor Suarez: Vait, wait, please, please Mr. Manager. Mr. Nelson: I think the classified positions are just as much entitled to some type of raise, bonus, incentive just as the unclassified position. But two other ways this money is being saved is one like at the police station, the back elevator. Twenty thousand dollars has been authorized in GSA to overhaul that elevator. But what happens? It breaks down every week and they just put a band aid on it. Mr. Odio: That's wrong! Mr. Nelson: And until it totally breaks... Mr. Odio: That should be fixed, that's no excuse for that. Mr. Nelson: That's right, until it totally breaks down, they're not going to overhaul it and replace it. The other thing is... Mr. Odio: That's wrong and that's their fault. They should run the building better. Mr. Nelson: ... the air conditioning. Look at the air conditioning today. I wish same of the Cos:missioners could have cone down there and seen it, there was hardly any air conditioning in the building today. It was unbearable. Mr. Odio: You're right and that's wrong and they should have it repaired, replaced or whatever. Nobody has told them they can't do that and if they tell you different, you'd better get a.... Mr. Nelson: But, Mir. Manager, I'a telling you what kind of activities are being taken in order to try and save that money. Mr. Odio: That they manage... Mr. iielsoa: You're robbing Peter to pay Paul and we're the rotor sAd VoIr paying for it. z� Tt 2s Mr. Odios No, Ken, if I look back at the last ten years, I show it to you, you have an increase of 400 percent while the parks department was being chopped to pieces. Now, at some point here, there has to be a balance of services in the City of Miami. Nov, we reach a point where we saw salary savings and this money must have come from salary savings in the Police Department; positions that were never filled. Now, what you were doing is kidding yourself. You had the money in the budget, the positions were never filled. Now I'd rather have positions filled that are needed, police offic- ers, and that's the priority that I have. I don't want no more civilians running around. I want police officers in blue uniforms. Mayor Suarez: OK, let's get straight exactly. Mr. Nelson: All right, let me have the last overlay so I can get back on the track. Mayor Suarez: Wait, wait, wait, Ken. We never got an answer on how many sworn police officers we have now exactly. Is it 1067 plus 20 in the academy or is it 1036 or 1037? Chief Dickson: Ten hundred twenty six police officers, 36 and 20 in the academy at this time. Mr. Plummer: Chief, in your proposed plan that you gave to us, you show that during this coming year's budget that you would be hiring 110 new officers to reach the 1,100. Is this budget adequately provide for that? Chief Dickson: I know, I know. The 110 police officers that we are scheduled to hire over four academy classes for the coming fiscal year represent 60 police officers that we will lose through attrition, thereby having to make up for those officers as well which totals to 110. Mr. Plummer: The question that I'm really asking, to hire a 100 to offset the _ attrition and whatever else, is that the bcttom line that there is budgeted money for the attainment of the 1,100 number. Chief Dickson: Yes, we have been told that there is. Mr. Plumper: Thank you. Officer Nelson: And in response to that, what's going to happen is half way through the year, the overtime fund which is $1,000,000 is only going to last about 4 months... Mayor Suarez: Let's get to that point now. Officer Nelson: The brakes will be put on, we'll stop the hiring process and we'll be about 1050 next year. Mr. Odio: No, we will not stop the hiring process. We will not. Mayor Suarez:. OK, I was not - wait, wait, Mr. Manager, Mr. Manager. I was not aware of the problem with the overtime allocation here. Now how can we expect to go from expenditures of 3.7 million in one fiscal year to, if that's the case, to 1 million projected for 1987-88 and does that make any sense or should we now be making provision for additional monies for overtime for the next fiscal year? Mr. Plummer: Mr. Mayor, it was my intention, after speaking with the Manager today and at the appropriate time I will be glad to make the motion, that another $1,000,000 be put into a reserve fund for overtime only; only to be drawn down on by a memo from the Chief to the Manager in justification. That will be my proposal at such time. Where the Manager gets that money from is his concern that there is the concern of $1,000,000 already budgeted for overtime and $1,000,000 additional. Now, I think when you go beyond that, I think you've got the problem of where are the priorities? Vhere"are the priorities and that's the real whole key to a budget. Do you eliminate the :hosing progrm and take that $800,000 and put it into overtime? l think these are the things that this Cossnission to going to have to address " to. what in tact are the priorities. $ut, .at such time I will be anteing a motion=to that effect. $� Spts-1 r 1 Mr. Dawkins: Mr. Manager, Mr. Manager. I know where we're going to get the million dollars from, 1 don't have no problems with it. It's going to come out the law enforcement trust fund. You have $2,341,968 and counting. At the appropriate time, I will make a motion that we take $500,000 of that money and put into the overtime fund and that we spend up to $1,000,000 as it is col- lected through forfeitures and other things in that item and that's how I'll be voting for the money to come out of. Mr. Carollo: Well, that's fine and dandy but the bottom line is we're still $3,274,249 below last year's budget. Now, if we increase another $500,000, another $1,0000000, then we're still over $2,000,000 short from last year's budget. My whole... Mayor Suarez: Oh, I think the actual amounts expended last year will end up being around $72,000,000 but... Mr. Carollos My whole contention is the following: we spend on a yearly basis, on just about anybody that comes here for a party or a festival to be dancing on the streets easily $1,000,000-$2,000,000. Now, I said this, year after year, that we have to cut back in this and limit it to bare bones budget, it hasn't happened. If we would do that, that's one area that we are easily going to save a minimum of $1,000,000 in. Furthermore, looking at some of these apartments that we have, it's the most absurd thing that I could see that some departments in the City that are over staffed already as they are that they're getting increases of several hundred thousands of dollars. Now, Fire Department, I'll say this to you. They need that increase in their budget because in the past, they've been in the short end of the stick. But at the same time, the number one concern that there is in this community and — the number one reason that we all exist as a governmental body is for the protection of life and property and if we're not going to put our dollars _ where we need them the most and where they should be and for the foundation of our existence as a governmental body, then I think we're making a great mistake. At the same time, one of the things that we have to realize for the _ future is the following that for the last ten years or more in this City there have been many people in the administration, not old but many, many that have passed through that their idea of handling the situation, the economical situation in the City of Miami has been that, hey, don't worry about 5, 10, 15 years down the line, that's going to be somebody else's problem. I'm only going to worry about it for the two or three years that I'm going to be around so I could look good. And then when it hits the fan, it's somebody else's problem. Right now, the way the City of Miami budget stands for the projec- tions for the future, we only have about maybe one additional year beyond the next year's budget, maybe one more, that this City can go on without facing a deficit in the budget unless we begin to start cutting from the areas that we should cut from and get serious about our budget and start finding new reve- nues from other sources, particularly using so many of the resources that we have, so much of the land that we have. Thousands of acres this City owns including much waterfront property that we could bring private enterprise and really do something with this City, not give it away to people so that we could bring additional revenues and then not having to be bickering back and forth about small amounts of monies. And those are the kinds of things that I have been asking the administration to do. We need to project, not from year to year, but we need to have a full 5, 10, 15, 20 year projection as to where Is the City of Miami going? You know, it would be great to may this year or next year, we'll do this. Then what happens? Comes to next year and there ain't enough monies left to meet the budget. You know, one of the easiest things in the past has been to be a City administrator. You know why? Because it's not like a private corporation that you have to worry about ' making sure that you're pleasing a client so that the checks are going to be conning in and you could pay salaries and keep the company going. All that basically the people in the budget department that we have had to do through- out the pant years is know that we're going to have minimum X amount of dollars coming in. No matter what we do, they're cowing in. Then all they had to do was basically figure out the way of spending it and how they were going to appropriate it. Nov it's gotten to the point that because of not having the foresight into the futures City_ of Miami government, just like r Metropolitan Bade County government and other governmental bodies here are going to be facing some serious economical situations in the future unless we deal with the realities. And we could start dealing with those raslit bs now by cutting back in departments that we should have cut back in tboso bu+sets>s long time :ago and putting the emphasis of our dollars where they, sb►d bar: ' rt' And one of thane emphasis is the Police Aapartmmat, F. 43 ��- t (Applause) Mayor Suarez: Pleasel Mr. Nelson: Mr. Mayor, if I may finish. The next overlay up here tells the sad story what's going to happen to the Miami Police Department if it's forced to survive on a $71,000,000 budget. We know that 62 civilian positions have already been abolished. We know that they're going to eliminate all but 10 and now they say 13 PSA's, that they'll eliminate special events overtime, that'll drastically curtail or eliminate special enforcement activities. Mayor Suarez: Let's clarify the PSA's. What's the story now, we keep... Mr. Nelson: They're authorized 41 but funded for 13 or 10. Mayor Suarez: What does that mean... I'm sorry, I don't know what that means. What does that mean? We're budgeting 43, Mr. Manager? Mr. Nelson: We're authorized 43, budgeted... Mayor Suarez: Authorizing without budgeting to me doesn't mean anything. Mr. Manager... Mr. Odio: Yes. Mayor Suarez: How many PSA's are budgeted and what do you mean when we say - what does he mean if anything rational when he says that 43 PSA's are autho- rized but only 10 or 13, whatever it is, budgeted? Mr. Odio: We have authorized 41 positions and we have monies for 13 and we will keep adding PSA's all the way through 41 this year with salary savings. Mayor Suarez: With salary savings taken from where? Mr. Odio: From attritions. You have that constantly. What you used to do, Mr. Mayor, you put in money for 41 PSA's, you only have 20 on board and it takes a whole year to get to the 41, in the meantime you're losing people five or six a month and you end up with a salary savings at the end of the year of four hundred or five million dollars. What we're saying, we're putting up front where the money belongs. Mayor Suarez: How many do we have right now? How many PSA's do we have on? Mr. Odlo: What I'm saying really is you put a $76,0001000 budget together for the Police Department and you and up with a spending budget of seventy one or seventy two. Mayor Suarez: Please answer my question, how many PSA's... Chief Dickson: Approximately 43. Forty-three. Mayor Suarez: OK, beginning October 1 of 1987, we'll be having to pay them, right? Presumably there won't be any great attrition so that they would go down from 43 to 13 or 10 so we'll be paying them and you have that budgeted and you expect, what, to create savings some other salary savings within the same department. Why have you allocated those savings to the PSA program? >a Mr. Odlo: Because... a Mayor Suarez: As opposed to just generally to the budget? Mr. Odio: It's in the general budget and we transfer funds from one line Item to,another. The budget... Mayon Suarez: But why have you allocated that expected savings to the PSA s" program, if I may ask? Mr. Odlo: Why have we not done that? Because... Mayor 8u4ress so, why have you allocated is this particular WdSot' year. .to RSA's and not just generally to the department? you could soy ot: oid 4 the yearr# we enpoot to have R amount of salary savings and Ve.Ylll,:iofort llsP_<' TX :µ .rY - Mr. Odio: That's what we do. Mayor Suarez: But you're - but your're only budgeting...;. Mr. Odio: We are allowing him to have 41 PSA positions. As the funds become available from savings, we transfer funds to that line item, he hires people. Mayor Suarez: But you haven't done that with the other positions in the Police Department, you've chosen... Mr. Odlo: No, we feel that there are some civilian positions that we don't need period. We need police officers and we're going to abol... Mayor Suarez: We understand that, what we... Mr. Nelson: Are you going to get rid of the police aides in addition too? Mr. Odio: I believe we're leaving, how many aides are we leaving, police aides? We're carrying over 20 people. Mr. Nelson: But, aren't they supposed to go down to about 107 Mr. Odio: We're carrying over 20 according to them and according to... Mr. Nelson: Out of - out of... Mayor Suarez: Well, as far as I'm concerned, if you don't want to confuse the voters and if you don't want to confuse us, if you expect to have 43 PSA's throughout the year, you'd better budget for 43. Now... Mr. Odio: 41. 41. Mayor Suarez: 41, I'm sorry. Now, if you do have salary savings... Mr. Odio: OK, I... Mayor Suarez: ... and if, you know, you want to project that as being part of your overall budget and distribute it, but there's no reason to take and project an incredible savings overall in that department to one particular program because it's really confusing. You're reducing a program, it seems like, by three-quarters down to one quarter of what it is now and that's very confusing. Mr. Nelson: OK and the last thing up there it says, lay off 60 full time >_a- civilians. These aren't Ken Nelson's figures, these aren't the FOP's figures... Mayor Suarez: What about that... Mr. Nelson: ... this is the department's figures. But, let me just add on this before you get an answer, we know that AFSCMB's getting ready• to or proposed to sign a contract that says no lay offs. So, if you can't... Mayor Suarez: We vent through that yesterday I guess it was. What about that, if... Mr. Nelson: ... if you can't take it from the civilians, it's got to coma } from the sworn. y Mayor Suarez: Are these people members of AFSCMB and if so, will they. be are we contradicting ouraelves, did we say we're going to layoff as many -as 60 and then it turns out we're telling AFSCMS we're not going to layoff any of their employees and these people are members of AFSCMK, the general employees union. Or are they not, we asked that question yesterday in... Who are they if they're not members of AFSCMS? What do they do? r Mr. Odin: Therefore, they, re not protected =d*r that and l did give my .vard ` �� to ASH! that l would not lay off any of their members and we would lay off people that are marginal, temporary, or whatever. M..t Y. 5 it: y t 5•` c Mr. Nelson: OK, if 1 may just hurry up and summarize and bring this all to proper perspective, we know the Chief says he can't do with five percent less. We know, in actuality when we look at the figures he's going to be forced to do with 6 percent less. We know the Chief said that he has to eliminate 130 positions. We know 52-62 depending on whose figures you use are already vacant and we know another 10-20 are going to come through civilians through attrition. As a civilian work force dwindles, policemen will come off the street in the department to handle those functions. To get to that final 60, and we can argue about this and I'm going to hold the Manager to his word that we're going to be at 1,100 next year because I'll be the first one to come back and say, I told you so if we're not, we're going to have to layoff possible police officers. Now, we take and analyze this, there's no way, and the Manager said that the beat answer I could get out of him was close to, was that the department was properly managed last year. My question is, and it goes back to the Fire Department, if they're going to cut out one truck for 1.8 million dollar increase, how can the City of Miami Police Department provide the same level of service to the citizens of this community who deserve it with a 3.72 million dollar reduction and with a 130 people less? We know and looking at the facts and the figures, crime in this community is down 8.9 percent for the period of January to June, 1987. Eight point nine percent of where we're at is still an embarrassment. Crime is still too high in this community, people still have to put bars on their windows, they can't walk safely down the streets at night and now is not the time to cut back in the Police Department in our fight on crime. Now is the time to continue that fight and not to become dormant due to budgetary constraints. Just like it's not w!..e to send a ship from a safe port with a gaping hole just above the water line into violent seas, it's not wise to expect the City of Miami Police Department to be able to function and continue to serve the citizens of this community with a $71,000,000 budget. Mr. Mayor, honorable Commissioners and Mr. Manager, in a few moments you will have the opportunity to decide the City's budget for fiscal year 1987-1988. In making your decision, I ask you to remember the citizens of Miami and the police officers assembled here today and the police personnel who represent the total Miami police personnel. We come before you today united, united as one, we don't come before you as beggars and we don't come before you as what the former Mayor of Miami, Maurice Ferre, called us, bums. Rather we are here as proud professionals. Proud professionals who care about the quality of life and the safety of this community. All that we ask is that you get the Police Department those resources necessary to protect the citizens of this community and at the same time insure officer safety on the street. On behalf of all the police offic- ers out here today, we thank you for your consideration. (Applause) Mayor Suarez: Thank you for your presentation. Let me add on a related issue and I think I speak for this entire Commission, that is not fair for you to be without a contract to have the elections come without a contract as has happened in this past, and if it takes calling executive sessions, we will have them and we will negotiate a contract with you at least I know I speak for myself and I believe I speak for the entire Commission on that issue. And that's been done in the past and it's unfair to the men. Officer Nelson: At this time, I'd ask you to call for an executive session. Mayor Suarez: We will do that. Mr. Carollo: I think Ken has received the commitment on that from all of us but even more important right now, before we can move to that, hopefully before the end of the week we can begin to work on that. I made a request of the City !tanager to come back to this Commission and find $3,275,000 from other areas of the City budget that would not come from fire or sanitation to be added to the police department's budget for next fiscal year. Can the Manager tell in... Mr. Odio: Yes, sir, I have it ready. I sent you a copy today, I hope, do you have it in your office? I'll read it... Mr. Carollo: I haven't received it, Mr. Manager. Mr. Odlos I can pest it in the record It you Mast, I have it be Mr. Carollo: I don't know if anybody oleo did or not. 40 Mr. Odio: If you want, I'll send one to the office this morning to each one of the offices. Mr. Carollo: Well, can I get a copy of that because we haven't received it? Mr. Odio: Yes, will you make sure that they each a copy. The $3,000,000 you're requesting to add to the police budget or 9.94 percent budget reduction is equivalent to 84 positions or 13 percent of the remaining work force. If the $3,000,000 are proportionately reduced in all departments except for police, it would mean a reduction of 3.52, this is equivalent to 91 positions or 4.5 percent of the remaining work force. What it means is, in real num- bers, is that you would have to reduce, and I can go down the list if you wish, one person from the Mayor's office, two persons from county commis- sioners' offices, the city manager would reduce two people, labor relations one, city clerk two, civil service one, community development two, computers seven, development four, finance nine, fire zero, of course, internal audit three, law department five lawyers, management and budget four, parks and recreation zero, personnel management four, planning department three, police zero, and public works twelve people. This would be a reduction of 61 people, then we would have to reduce two people from the Coconut Grove Exhibition Center, one from the Miami stadium, ten people from the conferences and convention, eleven from the building and zoning department, and zero from solid waste. That would be a total of 84 people and $3,000,000. Mr. Carollo: That's fine, Mr. Manager, I know that sounds very dramatic, that we're laying off so many people from so many different areas. Mr. Odio: No, this is what it would... Mr. Carollo: And let me say this for the record, there are some people that should be let go in this City because they don't do nothing but just collect dust on their behinds sitting down all day. But, going beyond that... Mr. Nelson: Mr. Carollo. Mr. Carollo: ... I think that there are much better ways of finding those $3,000,000 than the way that's been described for you by some of your assis- tants. For instance, how much did we spend last year on parties in the City, festivals and everything else? Mr. Odio: I can only put down here what I have control over. I do not have control over that. Mr. Carollo: Well, you found the money last year, it was found in the budget. Mr. Odio: Yes, from savings. Mr. Carollo: Now, you must have the money also allocated for this coming fiscal year. Mr. Odio: How much do we have for festivals, $200,000? INAUDIBLE RESPONSE. x Mr. Odio: We have $200,000 for festivals, we spent how much this year, 4,_ $4,00000601 $3,500,000-$4,000,000? How much? Over $3,000,000. Mr. Carollo: Over $3,000,000. Mr. Odio: Re allocated $200,000. Mr. Carollo: And we spent over $3,000,000. Mr. Odio: Yes, sir. Mr. Carollo: And that was supposed to be in a bare bones budget that, again, we didn't have that kind of money to spend. Mr. Od lo: balance. No, they cams from the fund balance. It coma from the fund Mr. Carollo: But, but... Mr. Manager, I'll be more than happy to sit down with you and your staff and I'm not a CPA like many of them are not either and find out for you $3,000,000 without having to lay off as many of the people as we said here particularly from some departments that don't deserve to have people laid off. But there are others that deserve people to be laid off from. And I'll volunteer my time, which frankly I don't have, to dd that for you. But I don't care how we do it, you will not receive my vote on this budget that you have presented to us unless we allocate $3,275,000 to the Police Department's budget. (Applause) Mr. Nelson: Mr. Mayor, I just wanted to add a couple of areas that you might want to look into. One is special counsel that is provided to the City. My question is, how much do we spend for special counsel when we have a very, very competent and capable City Attorney and her staff and I'm sure you're probably going to find out it's in excess of a hundred to several hundred thousand dollars. Another thing to look at is why have we expanded the human resources department to the conglomeration that it is today when that same activity used to be handled just by the civil service department. Now we have two different bureaucracies that have, you know, pyramided up to the point where they're at, that is a lot of excess out there that can be trimmed. Mr. Odio: Personnel management, you said, we increase. Mr. Nelson: My understanding is that 10 or 15 years ago, civil service used to handle all the personnel management activities. Mr. Odio: Oh, that's another - I don't know what happened 10 or 15 years ago, Ken, but I tell you, we've reduced the size of personnel management since I became City Manager. I don't know what happened 15 years ago, but the City, fifteen years ago, was not what it is today either. You only had 100 police officers. Mr. A. G. Sherman: Just one second. OK, Mr. Mayor, members of the Commis- sion, my name is A. G. Sherman, I'm president of AFSCME local 1907. I repre- sent all of the general employees in the City. There have been some figures thrown around here tonight and two of which I just recently heard. One of 67 layoffs, whether they be bodies or attrition then I heard a number of 84. What I would like to know tonight is it the intent of this Commission and administration that there will be bodies that will be eliminated as of Septem- ber 30, 1987. If I can get that answer because... Mr. Carollo: Let me tell you... Mr. Sherman: We are currently in negotiations and some of the language that we're trying to put into our contract is job security. Mr. Odio: A. G., I sent you a message the other day that you had my word as we are negotiating in good faith... Mr. Sherman: Right. Mr. Odlo: ... that nobody will get laid off until we conclude negotiations. Mr. Sherman: All right, well, this is a concern I have, until we complete and then what happens. Mr. Odio: That's as simple as that. They will not be. Mr. Sherman: All right, I respect the position of Fraternal Order of Police Lodge 20, I've supported them through many years. I respect Local 587, the Firefighters and Sanitation Employees Association. They have constituents they have to represent, I have people we have to represent. Historically, within this City whenever there's reductions as we've already heard, where -the layoffs come are from the general employees. The City and the citizens need the support services which are provided by these general employees and 4811 guarantee you, ail of these police officers out here will agree that co•awni+ cation operators are a major link in commnicatlag with the per+vices to -be r Provided for the citizens of the City. (Applause) Mr. Sherman: And I think that they're probably understaffed and they need more people but it goes beyond that. You can mire 100 or 200 more policemen and until you address some of the other problems in our recreation department where you provide services, programs, activities, etc., you're going to have kids that are going to get out, they're going to get into drug related prob- lems to support it. They're going to get into robbery and it's creating more problem for these people. But, I have a concern because when we leave here tonight, you're going to make a decision on your budget. Well, at that point in time it's going to be too late if you mandate to the Manager that there's going to have to be a reduction in personnel. We have basically an under- standing and I value and the Manager has kept his word and we have had a great communication as for as trying to derive at some solution and language in our contract to prevent that. But, what I would ask of the Mayor, and I've had dialogue with him on this issue, that if it is the decision tonight of the Commission and the administration that there are going to be any bodies, meaning general employees, and that's all I've heard here tonight who is going to be eliminated, that we be given a special session of the Commission, a public hearing that we can come before the Commission and express our concerns that have not been addressed here tonight. And, Mr. Mayor, if I can have your word, I think we've had some dialogue, you have assured me that we can have a public hearing if there are concerns as a result of the reductions of person- nel within the City. I would ask you of next week or at the earliest conve- nience of this Commission that we can come before you our membership. Can we have your assurance? Mr. Carollo: A.G. you can sure have that from this Commission. Mayor Suarez: Yes, I've told you that and I'm sure we can convene a special session if necessary, but that doesn't mean not to work awfully hard to conclude the negotiations. Mr. Sherman: Right, right. Yes, well, we are, we're working that way and I think we're getting close but my concern is, once this is done and the bodies are walked on the gang plank and they go over into the - you can't get them back. I've seen that happen many times, in 181, 183, 979, we've seen that happen. We've had hundreds of employees eliminated and that's my concern. Mr. Odio:: A.G., A.G., I gave you my word on that. The only thing I under- stood today was that was pending was insurance monies and I told Dean to work it out, I want to resolve that issue, I want to sign a contract. As other- wise, whether you sign or not before September 30th, there will be not one layoff. Mr. Sherman: I appreciate it. Thank you very much. Mr. Carollo: A.G., before you go, what we're saying is clearly to answer your question, is yes. At least what I's saying. Yes, there is some people that should go. I'm not referring to those employees who really need, they're doing their job. You know what I think I'm referring to because you yourself would see it out there. Ve have some departments in the City, they're embar- rassing. It's a tradeoff if this guy's got a friend or a cousin or a nephew or whatever and I'll hire your's if you hire mine and then all that you've got are five people showing the same paper from: desk to desk the whole day not doing nothing. And they can't wait until S OO o'clock so they can take off. You know that's happening. That's what we're talking about. The time is going to caste once we cut out all the real fat in the budget in the next few years, that we're finally going to cut all that there is. And if we don't start looking now in bringing in new revenuea, this is what I'm talking about In the future, then we're all, altogether, going to be in one heck of a jam. And this is why we not only have to cut all this waste that we have in the budget and put the dollars where we need them but, at the same time, look for new revenues. Now revenues that we can find right here in plenty of lands that the City of Miami owns that we can develop, Virginia Key's one place. But develop them in a way that the City of Miami's going to get the profits. Not a handful of bright guys in this town. Go out and all those business that are leaving the Orient, that are coming from: Europe down here and other parts looking for business in the United States, let's bring theme to MismL Let's sake sure that those tourists that are cowing frog Latin America, that are, cowing from Europe and Asia and soar from Atria&, , they don't °go to ~where else, they come to Mimi and spend their dollars hers. Those are Msys;;V s . can, ad* sure that are • re not o g iaA to have any problems in fvtwmb�rt� -- 11 0 come. But if we don't start doing that now and planning ahead, I'm telling you now you will see this 2, 3, 4 years down the line, we're going to have serious problems. Mr. Sherman: Thank you members of the Commission. Mayor Suarez: We're going to allot three minutes per speaker for non - members of the general public, go ahead. Ms. Marcella Goldstein: Thank you, Mr. Mayor, Commissioners and City Attor- ney. My name is Marcella Goldstein and vice president of the Design District Association. I would like to thank the Commissioners and the Mayor for the support that we've always had with the Miami Design District and for the Commissioners and the Mayor in acknowledging the importance of the district to the City. And at the same time, we acknowledge the importance of the City's helping the district. Since the Commission's overtime project has been in effect, crime in the district has been very, very low. Our board has been actively encouraging meetings, seminars, and other events in the evenings because of the sense of security we now feel with the after hours patrol. The Design District Association pays almost $60,000 a year in private security which we have to have during the day in addition to the Miami police service that we do get. We look forward to the time when we can take the shutters off the windows and invite the public to come to the district in the evening, have stores open and have people dining in the restaurants the way they used to do years ago. We are in support of the Commissioners overtime project. We need it desperately as we are moving forward both locally, nationally and interna- tionally with new projects within our industry and with our new image that the district is safe for people to visit. Our support of this project will assure the Miami Design District and our neighbors, the Buena Vista people, that we will have the necessary protection of the police officers who are assigned to this area by this funding. It's very vital that we have coverage in the district because we have been fighting very hard as you well know, to change the image of this being a high crime area. Thank you very much for your time. (Applause) Mayor Suarez: Thank you for your presentation. Lori. Mr. Lori Weldon: For the record, my name is Lori Weldon, I reside at 160 N. W. 44th Street and, Ken, I want you to bear with ma, until I explain this but the Chief did not say same, he said similar services, that's important, OK? Now, for the fiscal year of 1986 to 187 in 8 survey of 37 cities, comparable in size and population to Miami, Miami war ranked fourth in murder, first in robbery, fourth in aggravated assault; second in violent crimes, ninth in burglary, sixth in larceny, fourth _a auto theft, fifth in property crimes. Now, out of the 9 most committed crimes, Miami ranked in the top five of six of these crimes and in the top 10 of three of these crimes. And this says to me that there at least 32 other cities I would rather visit than Miami. Now, I wouldn't care about a shopping center with a gorgeous view which you get _. mugged in every day from what I hear of people that go to Bayside. I wouldn't care about a $30,000,000 park. I would care about returning home safely and u without becoming a statistic. Now, let's keep in mind that these statistics are with a budget of 74.2 million. Now, our City Commissioners want us to -°x= believe that a 71.1 million dollar budget will be sufficient. They want us to s= settle - they are asking us to settle for this if not telling us. A $71,000,000 budget which will offer quote similar services unquote. And let's look at exactly what similar means. Definition, having likeness or resem- blance or like to a certain respect, but similar is not the same. Twins are similar but they're not the same. You right hand and your left hand are ` similar but they're not the same and they may not be able to perform the same functions. What we need if we want our crime rate to continue to decrease are the same services, not similar services. Existence of human beings are similar, we all need air, food, shelter, and water for existence. But ask a homeless person of their existence and ask one of our Commissioners :or, a Rockefeller their existence. It'a sialilar, but it's not the same. Our quote _ similar services unquote would have the,stipulation of 62 abolished civilian positions which they keep saying they're not going to do, but,.. an our similar services will include elimination of all but,10 PSA's orpublicy service *idea, the elimination of special events, of the overtime activities as UP stated, Goomboy, Magic Festival,- Grand Prix, .H h 1t tra, etq ::,the 'r:•, elimination or drastically curtailing of special enforcement WUiON such .4ct as the Grove detail, Overtowa, and Bay Heights. Or maybe our similar satvicas 44fi 4x. 90 z. ._ .4,+..'_. ._,4R 'ati �'•> 4: ett-cel.. ,J;_ .. .. ._.... . si.-._,:.ttd ..-.2:;_'.L.nz.t,x,e.,Y.i-.r�...iiwln�it'1i.Y.e'�:f}.�'�RY�"�$34.f54i`it� �� ,� will switch this or layoff the 60 full time civilian employees which they just said they would not do so that means the special details. Our similar servic- es does not address the manning of a north and south substation which will need 80 sworn officers and 24 civilians. Now, the Manager said the reason for the buffer -for the cutting of this budget was to buffer the next fiscal year's budget to allow for this, but being that it takes 18 months for a recruit to get through the academy you're telling it-� that the substations will not be manned in 88-89 or that they will not be built in 188-89 or until 1990. Now, as far as I'm concerned, these propose... Mayor Suarez: Would you wrap up please, Lori. Ms. Weldon: OK. Similar services are going to be the death of Miami. Tourism will definitely be decreased and our last year's statistics will look good to as compared as what this year's statistics may be. We don't need a budget that will offer us similar services, we need a budget that will offer us at least the same services if not better. And I beseech of you to please give the Police Department back their 3.5 million dollar cut. (Applause) Mayor Suarez: Thank you for your statement. Dr. Stokes. Mr. Bill Stokes: Mr. Mayor, members of the Commission, I'm Bill Stokes, 10762 S. W. 117th Street. I'm chairman of Miami Citizens Against Crime. We believe that the Police Department is doing an exceptional job and we've very pleased with the leadership that's being demonstrated by the Chief. As mentioned a few moments ago in the first half of 187, crime is down 9 percent, arrests are up 14 percent. We are very pleased with the suppression efforts in the street. I was fortunate enough to spend 8 hours with one of your groups. I was very pleased to observe the support that the public gave to the policemen in that area. I was very pleased with the professionalism and the extraordi- nary leadership that I saw out of the City Manager that evening. Your special events have been very suc•,.essful as demonstrated a couple of weeks ago and also all a person has to do s go around Bayside and here in the Grove and you can see that that's occurring. I think there's been real firm and steady management. I think what you've been able to do is to allow for some extra efforts out of the budget and you're straightening out some internal difficul- ties. I have two points. Number one, I think we need to focus on the special services and special events and number two, on the substations. There is a high risk at this time in cutting $3,000,000 out of the police budget. It's unlikely that you will be able to continue the current services. Either speciaX services or special events will suffer or there's a serious penalty to routine services. Second, we don't think you'll be able to be prepared to get the north substation up and running because it's going to take about 45, as we understand it, in personnel. It takes a while to assess, it takes a while for them to go to school and also to get them some training in the streets. We believe very strongly in those substations and supported them. What we're urging you to do is to restore the $3,000,000 to the police budget specifical- ly earmark it to cover the special services and special events and to begin screening and training for the substations at the appropriate time. Thank you very much. (Applause) Mayor Suarez: Thank you. Dr. Vega. Mr. Enrique Vega: My name is Enrique Vega. I reside at 1403 N. W. 7th Street, Robert King High Building, public housing. I am president of United Tenant Council. I am also one of the five members of the executive committee of OTAC, the 40,000 people who live in public housing. I read the Herald this } morning and I saw this open letter to the Miami City Commission and I said to myself, I cannot miss to be with the people who are defending our lives. I remember the day back in November, 1985, in which Commissioner Carollo brought ji there to. Robert King High building, the City Manager, our good friend and one _ of the best managers that I have ever known and the City of Miami now you have people to defend you and you see people, men, persons make mistakes also] you can make mistakes. Now, when I read that, when I read that... Mr. Carollo: Just don't make too many, Mr. Manager. could be fatal. 91 Doa't slake too may, it �x Mr. Vega: Well, once in a while. Here I am to defend the Miami Police Department where the best Chief he has not given me anything yet, Clarence Dickson, a minority man, look at this, a minority man with a majority of success as well as his valued assistant who has helped us, the elderly person, in public housing. More than 20 officers has lost their lives by criminal hands. It is Miami Police Department on a roll. We go there every year to be with their relatives and peers. Maybe you don't know, maybe you are not seeing that but being with them, it's impressive. We cannot allow this fine Commission that does so many good things for the people in spite that some of the players make comments, always they will do that. To not approve three simple million of dollars for now I would say they needed about $3,750,000 that is the 3 million two hundred and fifty and $500,000 extra because you never know the miscellaneous that can come. Now, for all the resident of Miami because they are really officers, they're warriors of the field police, there are not positions which had not been filled before and because they had not been filled, it doesn't mean that they are not necessary. Maybe because there is such a rigorous selection, I can tell you, out of the first 200 person that apply for the police and went to the examination, only 22 passed. The rest did not go through the polygraph test and also the other one, the new... Mayor Suarez: Are you wrapping up? Please wrap up there. Mr. Vega: ... psychologist. I am finishing there. We are understaffed in the Miami Police Department and according what I saw there, we needed the 110 police officers plus 20 police officers more. We need more police, more patrol cars, more help not less. I would say that if you have a good budget director, if you have a good budget director he can get $3,750,000 as my good friend, Joe Carollo had said. And I know, I am public accountant, I can tell - you that from other items and put this into Miami Police Department. We demand that the life of the people of Miami are protected, not under protect- edt Please, do something! (Applause) Mayor Suarezz OK, please. Mr. Vega: You can get more revenues also from the - something good from the Orange Bowl, this is the plan of my friend, I am very, very - Cesar Odio has a plan for the use of the Miami, the Orange Bowl and you can do something about that. Mr. Dawkins: Yes, we're going to let the striking Dolphins practice in it. Mr. Vega: I beg your pardon? Mr. Dawkins: We're going to let the striking Dolphin players practice in it. Mayor Suarez: You're wrapped up. That's it. Mr. Vega: Mo, I would say that finishing this, I want to finish this in this way. May Day! S.O.S.! Help the police) (Applause) Mayor Suarez: Thank you. Please avoid repetition. Mr. Albio Castillo: No, I only takes me three minutes tops. I've been doing this for 12 years so I should know what to do. My name Albio Castillo, I live In 2386 S. W. Sth Street. I'd like to remind you that two of you Commission- ers and one had a slight problem with criminals. Have you forgotten that? Oh, you want me to mention the names? Have you forgotten that you had prob- lems with criminals? Mr. Carollo: Well, I caught the one that, you know, came at my family I don't know about his. Mr. Castillo: I don't know for mine they robbed my house and I dou'.L know who did it so I'm waiting for some answers. Mayor Suarsss The !Miami.,. x� L }} H Y ! Mr. Castillo: And you're cutting 3.2 million dollars out of the budget. Mayor Suarez: Miami police officers caught the one that stole my car, go ahead. Mr. Castillo: Really? What about the one that robbed my house and you're cutting 3.2 million out of the budget. That's what I'd like to know. Two of you had problems and you're trying to cut the budget. There are several ways - I know of one way you can, stop building white elephants. Mayor Suarez: Thank you. Mr. Castillo: Stop building white elephants and maybe you'll save some money. Mayor Suarez: Thank you for your comments. Sandy. Mr. Castillo: You're welcome. (Applause) Mayor Suarez: Please, please, please. Sandy. We want to finish with Mariano. Mr. Sandy Hall: Mr. Mayor, I'm going to make this real short. Mr. Mariano Cruz: No, no, no. I asked for more here to talk. Mayor Suarez: OK, but... Mr. Cruz: Hey, wait a minute. Mayor Suarez: You're using up his three minutes. Go ahead, Sandy. Mr. Hall: It's hard for me to follow these two speakers that just left but I would like to say this, I want to commend Commissioner Carollo for opening up the great amount of applause that he did with these people. - Ms. Hirai: Excuse me, may we please have your name. Mr. Dawkins: Sandy, they don't know who you are. Sandy give them... Mr. Hall: My name is Sandy Hall. I think most of you may have read the article that I had in the Miami Herald, the Miami Times, and the Miami News last week as relates to the police budget cut. Beg your pardon? Mr. Dawkins (Off mike): You got to give your address. Mr. Hall: Two hundred N. E. 45th Street and I'm proud to say it. (Applause) Mr. Hall: I will make this short, Mr. Mayor and Commissioners. I want you to know that the eyes and the ears of every citizen in the City of Miami In focused on you today, the decision that you will make. From the northeast to { Coconut Grove to the oceanfront, the entire City of Miami and not only Miami but those people outside of Miami that are going to be visiting Miami will take note to what you do here today. It is very important that you put back into that budget the $3,000,000 you've taken out. Thank you very much. Mayor Suarez: Thank you for your comments, Sandy. (Applause) 3, Mayor Suarezi Mariano. Try not to be repetitive. A" Mr. Crust No, wait a minute. I'm going to be limited to three minutes,maybe h go over a little more because since I'm representing the peopla in Allapattah and Ken Nelson has spoke to his heart contents ------'spoke tohisheart content before. :, n ' Mayor Suares: Don't worry about that. jug t go &bead and m4Myour firesppts�► t tion. And try not to be repetitive because, YOU kMos,.0 43 �! fy fx ;4 k� x•1 .' '.;. ..s ... [r. -r T,.i::: . ': .,,: `...'. .' ;,:, .:..;,. .,... __. .._,_.. ,. _..+ ,. � ., ...... ... .. _.._.. a hY.h.l.t.ia..^.,�..d1'{u&. _ Mr. Cruz: OK, my name is Mariano Cruz. I live at 1227 N. W. 26th Street. Mr. Dawkins: Allapattah. Mr. Cruz: In Allapattah------- Right in your neighborhood. You go over the bridge everyday like me. One thing, I'm not going to talk for more police and you know that's my position here because since many have been coming here talking about the crime problem and all that. And every year I come here and It's more police, more jails, more this, more that and we still have the problem there because they're still selling crack there and they are still mugging people there, they're still robbing people there so that's the ap- proach when the police - when the people the police service now they become police clients, it's too late, too late. And you've got the semitism, you've got the people in jail, you got that and it costs so much money to keep somebody in jail - it costs more money to put somebody in Harvard to keep somebody in jail and that's another point. My point is that I am here for the recreation programs and the parks department and I see in the budget that the only department here that didn't cut 15 positions is the parks department. We need a full timer - two full timers in Allapattah Comstock plus two part timers there. How are we going to get the full timers if they are not budget- ed in the budget because that's what they told me. The position is not budgeted because the money is going someplace else. How come? Since 1980 like in 1982 when my children were growing and I need them to be then in a recreation program. I went by the Allapattah Park and the Allapattah Comstock was closed. There was no program, there was no full timer or part timer there. I have to go to the City of Hialeah. I have here a nonresident pass Into Hialeah. It cost me $100 a year for the family for my daughter and my son to participate in the organized program there because the City of Miami, in my neighborhood, didn't have a recreation program for them. Now, the people in the neighborhood, you've got a lot of people that live in the housing the county put there, emigrant people built from the Caribbean. The family don't have that money - the results is to send the children to Hialeah or to people with a nice park program, thfy have to pay the $100. One thing, for the same token, the City of Miami can raise more revenue by charging people that use the parks, they livr; in Key Biscayne, they pay taxes to the county only and they use our parks. How come I have to pay the City of Hialeah for use of the park of the City of Hialeah and the people from the county, Key Biscayne or Coral Gables, can come to the City of Miami and do not pay - maybe pay $1.00. Well, thr.t's it. That's for more revenue. One thing, you, the Commissioner, remember there are two there that are not there today that didn't worry about the interests of the neighborhood or the people. They worry about downtown, they worry about Central America. Those people don't vote here. Now that's the problem or the people that live in Kendall or in Coral Gables, they don't vote here. We vote and we pay taxes in the City. Like this one I was paid to the City of Hialeah, double taxation and no representation and that's what the whole thing is about. One thing, I have no complaints with the way the police work. But, like last night I had the problem with the Police Department, I called there was an accident next to my house there and I had a problem with the Fire Department just because I'd asked them to a lieutenant there, how come you don't have a Spanish speaking officer for these people? They don't speak any English. But you speak English. I don't work for the police, you work for me. I don't work for the police, you should bring a Spanish speaking officer and Lt. Olson got very... Olson, a lady, and she was telling me, well, don't you worry, tomorrow I will go and tell the Commission that when you were in my neighborhood or they have some... you people have to have sensitivity. They have to know about the idiosyncrasies of the people. They see the people like that and say that oh, you are agitated, that's a Cuban or Hispanic I admit the way to act. When I am doing like that, oh, he's agitated. Mayor Suarez: You look like you're agitated. Mr, Cruz: Well, but, yoi, know, but still I am telling like it is. I don't work for the City. I have no special interest in the City, I don't come here lobbying for my special interests whatsoever. I come there for the people of the neighborhood. I could fill today the whole place with the children of -the park. They want to come, I say, no, today is school night and we don't know when that meeting is going to finish. You got early to bed after playing ail day and going to school. You don't have time to go there aMd jobby and those are the people that live in the City of Miami. Now, let me'Sitk of tbo police, t; when you got the program about the police using the police crvjser, yov of 39 94 p!�►tF .4 rasa officers maybe of the how many qualified because they live within the City limit? Mayor Suarez: We have 44 I think that have qualified for the program. And yes, thank you for reminding me, wrap up please. Mr. Cruz: Well, right, qualified because I have family of mine that are police officers and they don't bother to live, no, they don't want to live in the City they patrol. It's a no, no, no. Mayor Suarez: Well, we just created an incentive for them to live in the City bythe... Mr. Cruz: Right. But that would be a way to increase the tax base. Now we have the housing agency, we're building affordable housing so you can sell the house to the police officer too. Right. And that would increase the tax base of the City. And then they will be able to vote. I remember when they tried to recall Ferre, they couldn't do anything because they were not voting in the City of Miami, right? So, remember one thing, I want to close now that are there to represent us the Police Department it can handle through many thing. They got Don Wilkie there, they got the Manager and they have, you know, they have Ken Nelson, Salazar Aguirre, Robert Anderson, Vicky Allen. They got plenty of people to represent them with there, with the Manager and the labor relations department because when our union goes to ask for an increase, we don't go to see the board of governors of the postal service. We go and see the management and then the postal - the governor decide if they will have a rate increase. So it is up to you, like here I see in this budget, a reduc- tion, well... Mayor Suarez: I thought you were wrapping up. Mr. Cruz: No, no, but that's it - a reduction of 2.4, point 24 mill, that's 24 cents per mill. Now, it looks good but it could have cost very little to the people to pay that and you wouldn't have so many problems because remember there is no free lunch. I mean everybody have to pay for it, you, I every- body. (Applause) Mayor Suarez: OK, thank you. OK, finish up. Please don't be repetitive. Ms. Maria Alonso: Good evening, my name is Maria Alonso. I work out of the City of Miami Police Department. I'm a police aide. City Manager, do we have any benefits? Do we have any vacations? Mr. Odio: No. Ms. Alonzo: (con't) How much do we cost the Police Department a year to keep all of us doing our work? Mr. Odio: $750,000. Ms. Alonzo: $750,000. Mr. Odio: Let me ask another question. When you were hired, were you told that you would not have any benefits? Ms. Alonzo: Yes, air, we knew that. Mr. Odlo: OK. No. Alonzo: The only thing is, we were hired... Mr. Odio: That's all I wanted to'know. lis. lonzo:... yes. We were hired to bring police officers out of their offices to the streets. Mr. Olio: Yes. IC P .e t. S.,. � le SYh .ham Ms. Alonzo: What are you going to do now when we are fired, terminated? Are you going to bring cops from the street to the offices? Mr. Odio: When we decided to try this program out, we were trying to find out what the real needs were. According to the managers of the Police Department, they are finding that they didn't need so many police aides and that we can begin to adjust to that. We hired more than we needed. We never lied to you. We told you up front that you were coming in without any benefits whatsoever. Ms. Alonzo: We understood that, sir. Mr. Odio: What happened is, you started getting used to working for the City, which is a good employer. Ms. Alonzo: OK, how many are you keeping permanently, or on a...? Mr. Odio: How many are we keeping, 20? Ms. Alonzo: Permanently? Mr. Odio: Twenty. Ms. Alonzo: Twenty, permanently. Mr. Odio: Until January, at least. Ms. Alonzo: Until January, OK. Mr. Odio: We'll try it, and if it works out, we will keep them. If not, we will let them go because the program didn't work out. Ms. Alonzo: And off the record, sir, we do work hard. Mr. Odio: Oh, we didn't say you... Mr. Dawkins: Hold it, come back. Come back, come back. Mr. Carollo: You don't have to convince me of that. I know that. I was not referring to Public Service Aides. I was referring to that... Ms. Alonzo: I'm a police aide, we are different. That's what people do not understand. Public Service Aides have benefits, some kind of benefits. Police Aides, we don't have anything. If we get sick, or our kids, or anybody in the family, we have to go to work, or stay home, if we want to get paid for Lt. Mr. Dawkins: You did take the job without any benefits. Ms. Alonzo: We understand that, Commissioner. Mr. Dawkins: All right, but when you took the job, you didn't fluff off because you didn't have any benefits. You did a good... Ms. Alonzo: We worked harder to keep our jobs and to stay permanent. Mr. Dawkins: You worked harder to keep the job going, right? Mr. Alonzo: Yes, sir. Mr. Dawkins: And even though you had no benefits for your family, you still worked hard, right? Ms. Alonzo: Yes, sir. Mr. Dawkins: You gave 100 percent. On. Alonso: 150 percent, air, if he is capable. Or. Dawkinse And now we are going to keep 20 people +rho have worked shod,vW have dedicated tbes•lvea. and Xr. Llano, whet Mould it cost in fringe b�f its - = for ZO people, no Public Dervice Aides? 3 06 1 � Ms. Alonzo: Police Aides, air. Mr. Dawkins: Well, Police Aides. Mr. Odio: Well, you have to add 51 percent of benefits to the cost. Mr. Dawkins: I ain't got no damn computer, you've got to do that over there. How much? Mr. Surana: It would be about $100,000, $150,000. Mr. Dawkins: $150,0001 And it is not worth $150,000 to the City of Miami to have a dedicated trained person in the job who has proven itself to be number one, who has not taken drugs, who will not be fired when they go and take a urine test. It is not worth $100,000 for that? Mr. Manager? Ms. Alonzo: Sir, we earn from $6.00 to $8.00 an hour. And there are some police aides out there that they do a job, that it will cost the City, if they hired, $25,000 a year. Mr. Dawkins: We know, darling, we know, and they know. We know and they know how helpful you are. Mr. Carollo: Now, this is why we can understand some of the explanations that are being given to us by the Administration, because you could maybe, if you work real hard, not have to bring in some officers from the streets to replace all of you, but you are certainly going to have to bring quite a few officers off the streets to replace at least most of you. Ms. Alonzo: In my opinion, if you even bring an officer off the streets, you could be bringing somebody to the funeral home, because one less officer in the streets is one less person out there. Mr. Dawkins: See, and then we must also congratulate those of you who are parents for coming to work, not knowing whether your kid is going to get hurt, you have got no hospitalization and you are coming still doing a good job, and getting shafted, so you are to be commended, and I will... (APPLAUSE) Ms. Alonzo: Thank you, sir. Chief Dickson: If I might, Mr. Mayor, the police aide program is one of the most successful hiring programs that we have experienced since I have been here. We look for ways to continue to employ what the Police Department. One of the other alternatives is that if they do... if their employment is termi- nated with the Police Department, we will try to find them jobs within the City, in the classified area of employment. We would like to make them classified people. Mayor Suarez: How about giving them preference, Mr. City Manager, or any... Mr. Dawkinss How are you going to do that when you are cutting back every- where? Come on, I mean, let's don't play games. Mayor Suarers Well, for the vacancies that are created. Mr. Dawkins: Created where? Mayor Suarez: Any department. :a Mr. Dawkins: All right. Mayor Suarez: Well, we always do, anyhow, don't we? Mr. Dawkins: No. Ms. Angela Bellany: CoiAmissioner, we are already Interviewing ail .of the police *ides and where there are vacancies, they are being looked at.Ip terms of possible fill is of positions. Mr. Dawkinss Bermanent employees with gringo beaetitsY Me. aeliasiy: Yes. Mr. Nelson: My question would be, where, in the Police Department or in other departments around the City? And if you take them out of the Police Depart- ment, again you are making a void that is going to have to be filled by a police officer. Mayor Suarez: Sir, go ahead and make your comments. Mrs. Kennedy: Well, they want to work in the Police Department, they don't want to work anywhere else. Ms. Lori Weldon: Excuse me, may I just ask a question, before he misses and changes off the subject? If you are going to have vacancies that you are going to place these people, why can't they just stay in the position they are in? Why create a vacancy in one department so they can fill another? Mayor Suarez: Vacancies that are there occur throughout the City by attrition by... Ms. Weldon: And you know exactly how many attritions are going to occur per month? Mayor Suarez: Well, we know how many we typically have in any one year from 3,800 employees or so. Ms. Weldon: Well, you are not guaranteeing employment to these people this year, next year, or the year after. Mayor Suarez: Well, we are going to give them preference. Ms. Weldon: Preference is not a job. Mr. Sandy Hall: Mr. Mayor. Mayor Suarez: Go ahead, sir. Mr. Hall: I have interviewed, talked with, the department heads where these public service aides work, in that department. Mayor Suarez: Police Aides. Mr. Hall: Police Aides. I have not found one yet that said that they are not needed. They are definitely needed there in the Police Department. We know, it is a fact, that if you take one of these individuals out of the department and replace him with a policeman, it is going to cost more money, therefore, I cannot see the reasoning in firing those people in order to replace them with a policeman. I think they should stay put where they are. Mayor Suarez: Thank you, Sandy. Go ahead, sir. Mr. Wenislao Nunez: My name is Wenislao Nunez, 1852 N.W. 22 Avenue. I am a volunteer of the park, the Comstock Park in Allapattah, and am involved in baseball games. I know you are going to cut the budget for the Parks and Recreation and we are afraid for the Comstock Park , the employer. We need it to take care of the Comstock Park. OK, the police are to increase soliciting about $3,000,000 more. Probably they needed that, but we needed the money for the recreation and the parks for taking care of our little kids, the little boys and the children. You are going to cut 15 positions. Mayor Suarez: Let me just clarify one more time on that that those 15 are all f high level administrative or management personnel, not one that works actually out there in the field. ' Mr. Nunez: OK, I am here tonight to call your attention to the Comstock Pack, because we needed help in the Comstock Parka This is an area of conflict area. There are lots of children that need help for playing baseball and the other sports in this area. I am very sorry my English is not very well, but i try to.do that, because.., J.7 Hr. Dawkins: Don't worry about your English, we understand you. Co +ahead, Hr. tunes: Thank rQu. s YA Mr. Dawkins: All right. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Nunez: I want to participation here tonight to call your attention to pay attention to the Comstock Parkand we need help and we need two employees in this park for full time working in this park and this park to continue to make In good order for the little kids in the Comstock Park in Allapattah. Thank you. Mayor Suarez: Thank you,. OK. Mr. Odio: Mr. Mayor, I think I need to clarify something. It has been said... Mayor Suarez: At your own risk. Mr. Odio: And it is true that the Police Department has been reduced three point two, or whatever, but the fact is that we really cut the request for the budget this year, if we had gone about the City business as normal as it was before, as they did before. The budget request was $196,000,000 and we came in with a budget of $184,000,000, so it actually has been reduced in that amount. All departments were cut substantially. GSA, for instance, was cut $3,000,000. They've actually been cut $3,000,000. Ron Williams will tell you that he has been cut. Parks Department has been... every single department was reduced, so even though I agree with Ken that they came in with a bottom line lower than they had the year before, the Fire Department was cut $3,500,000, I believe, from what they actually needed for this year, so the cut has been we have reduced the budget from the original request from $196,000.000 to $184,000,000. Mayor Suarez: Commissioners? Mrs. Kennedy: Before we do anything, let me just go over, Chief, the proposed budget plan. I just have a couple of questions. On the car allowance, $47,000, does that include the new plan where the police officers take the car home? Mr. Plummer: Yes. Mrs. Kennedy: It does? Chief Dickson: Yes. Mrs. Kennedy: OK, the other question... Mayor Suarez: On this issue, I just want to ask one very simple question. Did Virginia Schweikert get a car to drive home? Chief Dickson: There she is. I think she drove it out here. Mr. Carollo: Chief, on that same topic, I have a question for you. When I made that notion, the motion was for 50 cars. Vhen can we issue another six vehicles? Mr. Plummer: 'They don't live in the City City. Mr. Carollo: There are people who live in the City. K' Chief Dickson: Well, the reason we did not order 50 cars vas because at the time of the motion, there were 35 people who lived in the City, then it was Increased to 40, then to 44. There are six additional cars. If we have six officers who live in the City and meet the criteria, I don't think we will have a big problem giving theta cars. Mr. Odios. Commissioner.., Mr. Carollos Well, when you say that only live in the City. You are not referring 44 out of the thole Police Department? Mayor=Suaroas Thirty-four quality under ell the guidelines. n . 99aeP �� , s • Mr. Plummer: In patrol, isn't it? Chief Dickson: Forty-four who qualify by working in patrol. Mr. Nelson: Under the criteria of no accidents within the past year, not on probation, etc., etc. Mr. Carollo: OK, well, can we in this next fiscal budget, if we don't six others that fall within that criteria, then come to those that are next in line with the criteria that we have established, then should be the other six vehicles out to other officers that live in the City. Chief Dickson: Have no problem with that. I'd like to do that. Thank you. Mrs. Kennedy: The other question, under the expenses for special events, it said Banker's, 1987. Is that the I.D.B. convention for $29,000? Chief Dickson: On the same page you are, yes. Mrs. Kennedy: Because the Host Committee paid, I believe it was, like thirty... Mr. Plummer: That is for the coming year? Mrs. Kennedy: No, this is... Mr. Plummer: No, this is for the last year. Mrs. Kennedy: No, this is for this past year. Mr. Plummer: He is showing what was spent for special events in the last year... Mr. Odio: Oh, yes, we did spend $29,000 on I.D.B. Mr. Plummer: ... or the present year. Mrs. Kennedy: Well, wasn't that paid by the Host Committee? Mr. Odio: No, no. That was assumed by the City. Mr. Dawkins: While we are doing this, Teems, come down to the mike, please. What are you doing? I don't know what you are doing. Mr. Nelson: Well, while Don is coming down here, I just want to point out on those special events, whenever there is a special event and the Commission grants in -kind services, that comes out of the Police Department's budget. They don't get money from the City to put in their budget to make up for those in -kind services. Mr. Dawkins: Beg pardon? Mr. Nelson: I am telling you that's the information I have, and when it happens, like the brand Prix, the City made "X" amount of dollars, yet it cost the Police Department out of their budget so much, so the Police Department is funding the City to make money on another operation and that's when they are talking the in -kind services. Mr. Dawkins: OK, we will stop that, no problem. Mr. Teems, I didn't include you in the uniforms, but I have to ask you, because when I asked about the uniforms for the Fire Department, I was told that the Fire Departmeat was the only one that spent all the money in the uniform code, is that correctY Mr. Donald Teems: I'm not sure of that, Commissioner, whether we spent all the money or not. When you were talking about that, I kind of raised my hand, because we have had problems with getting uniforms surveyed In the past -, several years, br, Dawkins; OK, add the fire Deportwont. I do not w►aat any iMfAe,►; uniform code that was budgeted for *gb, 'g7• I do not rttt :fyi I < want it spent, I want It isomborod and gotten rLd of, a ad too contract calls 187, 088, I'd like to have that budgeted, Mr. Manager. Thanks, Mr. Teems. Mayor Suarez: Thank you, Don. Chief Dickson: Let's me answer... can I answer Commissioner Kennedy's ques- tion? The bankers, 1987, was the International Banker's Conference, that met in Miami, which required us to provide special protection for some of the people who were from some of the sensitive countries. Mrs. Kennedy: I understand, I just thought it had come out of the Host Committee, that's all. Chief Dickson: Well, yes, but the overtime that the Police Department provid- ed was not reimbursed. We don't get those funds back that come out of our budget, but we are not replenished, and that's quite costly. Mr. Carollo: How much did we spend on that, Chief? Chief Dickson: At this particular banker's? Mr. Carollo: Yes. Chief Dickson: $29,616. Mr. Carollo: How much of that was spent in protecting the gentlemen from the Nicaraguan government? Chief Dickson: I don't have that breakdown. Mr. Carollo: I was in that Rome representing the City when that happened, so I was just wondering. Mr. Dawkins: That not only happens in the Police Department. The Fire Depart- ment provides fire rescue services and they do not... their budget is not reimbursed. Mr. Teems: Sanitation also. Mr. Dawkins: Sanitation provides it and they are not reimbursed. H. B. Grafton has people out there who put that mobile thing, and they are not - reimbursed, so they are really, if we are making money going into the General Fund when it should really go back into the fund where the services came from, i so we need to look at that, Mr. Manager. Mr. Odio: Yes, sir. I _ Mr. Plummer: Mr. Mayor, Mr. Teems wants to speak. z Mayor Suarez: Yes, Mr. Vice -Mayor. ti Mr. Teems: Yes, Commissioner, my name is Don Teems, I am president of the Miami Association of Firefighters. I think what you are hearing tonight, from all the employee groups, and you haven't heard from me yet and I vill promise I will be nice to Mr. Manager. I won't hit you or anything, and Fire Chief, I'm going to be nice, don't get uptight! I think what you are hearing 'r is that the City of Miami is in a budget crunch, has been for several years. Ve know that as well as you know that. The problem is, every time we talk about cuts, it comes from the people doing the job. It doesn't come... it comes from the people in the streets, firefighters, parks, sanitation, police. It doesn't come from anyplace else. And what we are telling you is, ve are down to bare bones. I think all of the departments are telling you that and the people who are representing the employees are telling you that. Under- stand, I don't have to do what the Manager tells me to do. I have to do what firefighters ask me to do. Ken Nelson represents police officers, not the City !tanager, so when you hear the employee representative standing up hero, he is speaking for the employee, the guy who is delivering the service for the citizen. An example, and I gave you a little chart, just to show you. This is�the Fire. Department and I think you could show it across the City. In ,. r 1976, ve had 2I,400 fire calls. Ve did that with 640 people on the 11e, 441� actually deliveriaX the service. 1906, we had 47,000 fire calls, I.N.O.'Ure calls. Ve did it with 629 people on the line, so vhat I an tell . J. lot aKJ that the people actually delivering the services are actually being reduced and yet, their work load is going up and up and upl And if you look at those charts at your own leisure and think about it when you start talking about cuts, because these are the people who deliver the services. These are the people that, if they got a fire run, there are out there at 2:00 in the morning. You got a police call, they're out there at 2:00 in the morning. Your kid needs to go to the park, he is out there... the guy that picks up your garbage. These are the people who are being cut and we are saying that we can't afford it any more. We understand you got a problem. We think it is our problem too. We live here, we work here. You say do I live here. I don't literally live in the City of Miami, but I spend a third of my life here. It's my City and I work hard for it and we'd like to try to help you, but you never ask us. You ask the Fire Chief, you ask the Police Chief and do the best job they can, but you never ask the people on the line and what I am telling you is, people on the line are saying, "Enough is enoughl We can't deliver the service." You know, we are to the hilt. So, keep it in mind when you are talking about the budget cuts. I think the Police Department probably deserves everything that Ken Nelson is asking for, no doubt in my mind. I don't know who it was that said earlier that the fire budget was cut by three point something million dollars. That's true, that is absolutely true, from what we requested, what we said we had to have, and you remember up here last week, I am standing up here telling you, "Give us more work, don't cut the trucks out."... me, the guy representing the employeesl What we are telling us is, we are trying to do the job, but you can't cut us any more. You have got to give us some material. You have got to give us some equipment and you have got to give us the manpower to do it. Thank you. Mr. Odio: Don, we just approved... there is a class of 20 that was approved - Fridiay, I believe, so we are trying. Mr. Teems: I know that. I am not knocking anybody, believe me, I am not. I understand, you got a problem, OK? The 20 people will probably be replaced in January by about 40 that are going to retire, you know. Mr. Odio: Since you are in a good mood, I need to negotiate a contract with you tomorrow. Mr. Teems: Excuse me? Mr. Odio: Let's negotiate tomorrow, since you are in a good mood. Mr. Teems: I agree. Mr. Carollo: Well, all I' can say is, Don, that in 1976, we had 641 fire- fighters and 22,000 calls or runs, and in 1986 we had 629 firefighters, less than we had in 176, but we had more than double the calls, 47,800. I would say you are about 653 firefighters short. Mayor Suarez: Commissioners? Mr. Plummer: Close the public hearing. Mr. Mayor, if no one else wishes to speak at this time, it is in order, I think, that we close the public hearing, and if in fact there is no one also wishing to speak, I so move. Mr. Carollo: So move. Mayor Suarez: So moved, seconded. Any discussion, call the roll. UPON MOTION DULY MADE BY VICE -MAYOR PLUMMER AND SECONDED BY COMMIS- j SIONER CAROLLO, THE PUBLIC HEARING PORTION ON THE FY 187'-188 BUDGET WAS CLOSED BY THE FOLLOWING VOTE: AYES; Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOBS: None. ASSMiT: None. 10� %5 Mr. Plummer: Mr. Mayor, as I indicated prior, I would like to make a motion at this time that a reserve fund in the Police Department for overtime only be established in the amount of $1,000,000 to be drawn down only by a memo from the Chief to the City Manager in justification and I so move. Mr. Carollo: Second that motion. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded, thirded. Any discussion? Commissioner Dawkins. Mr. Plummer: Under discussion, excuse me. Let me say to you I have sat on this City Commission for 17 years. I never remember a single case in which the Manager or the Chief came before this Commission and it has been many times that it has happened, asking for additional monies for overtime, that it was ever denied. Budgets are projections. Budgets are what you are looking at and hope to achieve. I don't think we go through a City Commission meeting here that we don't in fact, every City Commission meeting, change appropria- tions, and that is the name of the game. Budgets are not locked into steel, and I don't think any one of us could sit up here at any time during this coming year or any other year and have a justifiable thing put before this City Commission from police, from fire, or from any other department, that was justified in my estimation, that was ever denied. We have had to do a lot of juggling, we've had to do a lot of changing of priorities, but in my estima- tion, this Commission has always come through and provided that what was needed. Mr. Dawkins: Under discussion. Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I would like to earmark, to be sure that the $1,000,000 is available, $1,000,000 from the Law Enforcement Trust Fund be earmarked for that overtime and follow the same rules as set up by J.L. that the Chief has to request it in writing from the Manager. Mr. Carollo: We are talking $1,000,000 all together? Mr. Plummer: Yes, air. Mr. Dawkins: Yes. Mr. Carollo: What I'd like to do is make a substitute motion that would include that $1,000,000 as earmarked for overtime, together with an additional $2,275,000 additional dollars from other areas of the general fund to be { placed back into the Police General Fund. That is my substitute motion. Mayor Suarez: We have a substitute motion. Mr. Carollo: Excuse me, Mano, if you don't mind I'd like to have the CommLs- slon hear this motion. Mayor Suarez: We have a substitute motion. Do we have a second on the substitute motion? Mr. Carollo: Commissioner Dawkins, the substitute motion was that besides the $1,000,000 that you and Commissioner Plummer discussed, that we allocate another $2,275,000 from other areas of the general fund that don't come from fire or sanitation to be placed in the Police Department's General Fund. Mayor Suarez: We have a substitute motion. Do we have a second on the substitute motion? Going back to the initial motion. Do we have a second on that? Mrs. Kennedy: Second. Mayor Suarers Seconded. Any discussion from the Commission? Mrs. Kennedy; Let no just say because my cough to progressively Morse and X!M -' tryingnot to pay saythingp that I started this Coss►$xxton ogettag tbJ morning b saying that the rotten apples $a the Potice Departmeat' .4►1107.s 40 SOS too S ' in the newspapers every day, but I wanted everybody out there to know that we have an excellent Police Department. Mayor Suarez: Any further discussion from the Commission? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-852 A MOTION DIRECTING THE ADMINISTRATION TO ESTABLISH A ONE MILLION DOLLAR ($1,000,000) RESERVE FUND IN THE POLICE DEPARTMENT FOR POLICE OVERTIME ONLY, SAID MONIES TO BE DRAWN UPON BY THE CHIEF OF POLICE ONLY BY MEMORANDUM TO THE CITY MANAGER SEEKING HIS APPROVAL AND STATING THE JUSTIFICATION FOR SAME. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: I want to also point out that with the extra $1,000,000 in reserve, in accordance with this motion, we will have roughly $72,000,000 budgeted, which is about the amount that was spent this year and that does not mean as Vice -Mayor stated before, and I fully agree with him, that at some point during the year, if there is need for additional overtime monies, that we can't find them, if request is made to this Commission, and I would be disposed to vote for it if the need is shown, and I have a feeling that it will be. Mr. Dawkins: Mr. Mayor, I'd like to say, when we cut the millage, you say we save money. When we reduce the work force, you say we save money. Now, we are looking for the saved money, we don't have it. My biggest concern is the fund balance. When we go to the bond raters, the bond raters want to know what the fund balance is, and if we don't have a fund balance, then we do not get the rating that encourages people to purchase the bonds that we wish to sell in which to buy the capital equipment and things that we need, so there- fore, we need to attempt to get a surplus in our budget so that when we go to the bond hearing, we have a good rating, but I would tell you that at no time do I intend to sit here and have police, fire, sanitation or the general employees tell me that some dollars are needed and we do not make an effort to find them somewhere in the budget. Mr. Nelson: Mr. Mayor. Mayor Suarez; Ken. Mr. Nelson: On behalf of all the personnel here, I'd like to thank you, each and every one of you on the Commission for your sincere understanding in approving this $1,000,000. The one point that I wanted to clarify, and get moms guidance from the Commission, will this $10000,000 be looked at in the same light, as the same $1,000,000 that was given to us last year from the Commission? Mr. Plummer: Further define that. Mayor Suarez: The same kind of a fund. Mr. Nelson: That's what I am asking. 'r Mr. Plummer: It Is a fund for overtime. Mr. Ntlsom: The ssme as we had the $1,000,000 last year. 101►im11 r .- .. .-. �..�.i _'� i.�dL _.� J .�. ,;„ SV..C�'�6kG�I�n-ui4{3�6.Y�3Y�wL�E'�� tS'L•I.�L�R 0 0 Mr. Plummer: That's correct. Mr. Dawkins: Didn't we use the fund last year for stings and other of that kind of operations? Mr. Nelsons Yes and no. Mr. Dawkins: OK, all right, hold it now. Tell me the "no" first and then give me the "yes." Mr. Nelsons Well, I'll let the Chief respond when I get done, but what they did, they took and put additional personnel on the street, which freed up people that could work the sting operation and you don't want to bring in different people every different night to work an operation. You build up the same reliable crew and that's how they are able to go ahead and operate the sting operation they are funding for. Mr. Dawkins: But you see, you said the same thing J.L. Plummer. J.L. Plummer said the $1,000,000 is available to be requested by the Chief and as the Chief requests it, we give it to him. Mr. Nelson: That's what I said. Mr. Plummer: Draw down. Mr. Dawkins: that's all. Mr. Nelson: I just wanted to get that understanding. I know these people here thank you for that. Mayor Suarez: Same basic concept. Mrs. Dougherty: Mr. Mayor and Commissioners, before you take a vote, I just want to clarify that the money cannot be taken out of Law Enforcment Trust Funds for overtime. The Manager is going to figure out a way ... some other place to take it. Mr. Plummer: It is a matter of transferring. Mrs. Dougherty: That's correct. Mr. Plummer: That's all! It is just a matter of transfer and a reappro- priation. Call the roll. Mayor Suarez: Call the roll. AT THIS POINT, THE ROLL WAS CALLED AGAIN FOR THE PRECEEDING MOTION 87-852. COMMENTS MADE DURING ROLL CALL: Mr. Carollo: This is a motion for the $1,000,000? Yes. 24. FIX MILLAGE FOR CITY OF MIAMI FOR FT 87-88. Mayor Suarez: OK, do I have a notion on the budget per se? We have to first do the millage rate. Do I have a motion on the millage rate? Mr. Plummer: I no move, as amended. !. Mrs. Dougherty: There is no amendment. a: . Mayor Suarez: That includes both operating and debt service? !loved as awaded. Do we have a second? f:. Mrs. Kennedy: On the willegeT m. 1 } r . ,:•S `ems`"' Be FA Mayor Suarez: Yes. Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll on the millage rate. Mrs. Dougherty: Mr. Mayor, I am going to have to read the... Mayor Suarez: Read the ordinance. Mrs. Dougherty: ... entire ordinance, not just the title, so you may want to stand up and walk around, or something. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD IN ITS ENTIRETY AS REQUIRED BY LAW. Mayor Suarez: Call the roll, and then we will congratulate her for reading the entire ordinance. AN ORDINANCE - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXA- TION; FIXING THE MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987, AND ENDING SEPTEMBER 30, 1988; v CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 8, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordi- nance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo Commissioner Miller J. Dawkins ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Carollo: I vote no for many of the reasons that I stated, the including not giving the Police Department their requested budget. Mr. Dawkins: And I note no for the reasons stated. I do not believe you can cut the millage and provide the same level of services, but if we do, then this Commission should be congratulated; but, in the event that we don't then I want to.go on record saying that I don't believe it could be done. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10320. The City Attorney read the entire ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 25. ESTABLISH APPROPRIATIONS FOR THE MUNICIPAL OPERATIONS OF THE CITY OF MIAMI, FLORIDA FOR THE FY 1987-088. Mayor Suarez: We need a motion on the budget itself, the amended budget? Nr. surana: Yes, sir. kayos Suasens I'll entertain a motion on the amended budget. Isoved "d seconded. Any di cueaiont We don't used to... we do need to read tine Prdl t > lob r s5 it ,t° t • a AN ORDINANCE ENTITLED - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988; CONTAINING A REPEALER PROVISION, AND A SEVERMILITY CLAUSE. passed on its first reading by title at the meeting of September 8, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10321. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 26. DEFINE AND DESIGNATE TERRITORIAL LIMITS OF THE D.D.A. DISTRICT, WITHIN THE TERRITORIAL LIMITS OF THE CITY FOR TAXATION PURPOSES; FIXING THE MILLAGE AND LEVYING TAXES WITHIN THE TERRITORIAL LIMIT'; OF THE CITY OF MIAMI FOR FT 1$8. Mayor Suarez: The same appropriation we discussed last time? Ms. Hirai: That is number 6, millage for DDA. Mr. Peter Andolina: Yes, sir. Peter Andolina, deputy director, Downtown Development Authority, 3220 Ah-we-wa Street, Miami. The percentage increase in millage over the rollback rate is nine tenths of one percent. The specific purpose for which ad valorem tax revenues are being increased are for capital improvement programs and street beautification. Mayor Suarez: Half a mill is the millage rate is set? Mr. Andolina: That's the tentative millage rate that was not. Mayor Suarez: I'll entertain a motion on the millage rate for D.D.A. Mr. Carollo: That is an increase of 0.9 percent? Mr. Andolina: .9 percent. Mr. Dawkins: What item? Mr. Andolina: Nine tenths of one percent over the rollback& rate. `a Mrs. Kennedy: Move it. D.D.A. r�= Mrs. Dougherty: Do I have to read the title too? Mayor Suares: We have a motion. Do we have a second? F� Mrs. Kennedy: I moved it. Mayor Suares: Mr. Vice-layort Mr. fluff_ r: Second. t0fop 00"r � Mayor Suarez: Seconded, any discussion? Read the ordinance. Mrs. Dougherty: This is another lengthy ordinance. Mayor Suarez: Another lengthy one. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD IN ITS ENTIRETY AS REQUIRED BY LAW. Ms -Hirai: Roll call on the millage for D.D.A., Mr. Mayor? Mayor Suarez: Yes. Ken Nelson wanted the City Attorney to reread it, if she wouldn't mindl (LAUGHTER) Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION, FIXING THE MILLAGE AND LEVYING TAXES IN THE DOWNTOWN DEVELOP- MENT DISTRICT LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987, AND ENDING SEPTEMBER 30, 1988, FIXING THE MILLAGE AT FIVE TENTHS (.5) MILLS ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT AND PROVIDING THAT THE SAID MILLAGE AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, WHICH IS CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR THE AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 30 OF THE CITY CHARTER; PROVID- ING THAT THE FIXING OF THE MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESS- MENTS FOR IMPROVEMENTS IMPOSED BY THE CITY COMMISSION OF THE CITY OF MIAMI WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI; PROVIDED THAT THIS ORDINANCE SHALL NOT BE DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987 AND ENDING SEPTEMBER 30, 1988, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION HERETO; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of September 8, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10322. The City Attorney read the entire ordinance into the public record and announced that copies were available to the members of the City Commission and to -the public. A V v > �p tk 21. MAKE APPROPRIATIONS FOR THE D.D.A. OF THE CITY OF MIAMI FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988. Mayor Suarez: What is the companion item, the budget? Mr. Andolina: The appropriations ordinance. Mayor Suarez: I'll entertain a motion on the budget for D.D.A. Mr. Dawkins: I'll move it. Mayor Suarez: Moved. Do we have a second? Madam Commissioner? Second, on D.D.A.? Mrs. Kennedy: Sure, I moved it. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. This is a brief one. AN ORDINANCE ENTITLED - AN ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988; AUTHORIZING THE DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR ADVERTISE BIDS FOR THE PURCHASE OF ANY MATERIAL, EQUIPMENT, OR SERVICE EMBRACED IN THE SAID APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE RE- QUIRED PROVIDING THAT THIS ORDINANCE SHALL BE SUPPLE- MENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPRO- PRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1988, FOR THE OPERATION OF THE CITY OF MIAMI, FLORI- DA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of September 8, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Kennedy, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: Commissioner Joe Carollo ABSENT: No THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10323. The City Attorney read the ordinance into the public record and an- {' nounced that copies were available to the members of the City Commission and - to the public. 109 �: � '. ; ". ,_ "�_>..:• . ". :.. ,..'. s'. < .. ."_ �.. .. ... .....r , . _u .,,_...� . ..N1. a4A .. �., 1Si,�77Rw5`f�P.ti_''��iY�':':f"s •1 :?,L '.-; a r' tip• t s� 1 28. DISCUSSION REGARDING DECLARING A MORATORIUM ON THE COLLECTION OF IMPACT FEES AS ORIGINALLY IMPOSED PURSUANT TO ORDINANCE 10213, WHICH WAS TO LAST UNTIL 30 DAYS FROM THIS DATE (SEPTEMBER 22, 1987). (See label 31) ------------------------------------------------------------------------------ Mayor Suarez: Please, quite in the chambers, you may be about to hear some- thing you will be happy to hear. Mr. Vice -Mayor. Mr. Plummer: Mr. Mayor, as you are well aware, it was at my insistence that we came about in the form of an impact fee. There have been developed some areas of great concern, especially relating to housing. There seems to be interpretation by different people. Since we do not have the opportunity to speak about that this evening, I would make a motion at this time that the impact fee be put on hold until such time as this Commission... (APPLAUSE) Mrs. Kennedy: Second. Mayor Suarez: So moved, seconded. We also have to clear up the amounts of money involved, because we were told $500 per unit and it is more like $1,500 in many cases. OK... Mrs. Kennedy: And I suggest we take it somewhere around 5:00 o'clock at the next Commission meeting on October 22nd. Mr. Plummer: That's fine. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Mr. Dawkins: Under discussion. Mayor Suarez: Yes, Commissioner. Mr. Dawkins: Under discussion. Nov, I have to say now, to my friends and my enemies... I am going to have to say to my friends and my enemies, you are talking about building homes and you are talking about doing it in Little Havana and you are talking about doing it in Wynwood, you are talking about doing it in Liberty City, OK? These are the areas that they have to go into because they have been neglected all of our lives, so therefore, more things are needed, such as sidewalks, such as curbing, drainage, and if we do not get it through the impact fee, you are going to get it later by trying to pass a bond issue to put in storm sewers, to put in the amenities that are needed, so when time comes to discuss this, let's take into consideration what we have to do and if the impact fee prices the unit out of the way of affordable housing, then it is time for all of us to sit down and figure out how to get Federal funds or whatever it is so that the builders can make a profit and we can still sell a unit to be affordable. Mr. Plummer: To my good friend Miller Dawkins and far from not being my enemy, air, that is exactly the main area that I was concerned about when I made my resolution this evening. It was always the intent of this Commission that there was to be no impact fees sa it related to affordable and low income housing. There is another area that is also of great concern to me, and that is the matter that the Mayor spoke to before in a memo about charitable institutions. They cannot afford them, they are nonprofit. These are the kind of things that I think we need to talk about and I am merely in my resolution saying, let's put it on hold until we can talk these matters out at the next meeting on October 22. That's all I'm saying. Mr. Dawkins: OK, all I've got say to everybody, go get your permits now before they come in. Mr, Plummer: Ain't no free lunches. Mr, Dawkins: Rush down and get your permite! Mr, Plummer: AIn0t no free lunches, Mrs. Dougherty: No, wait, wait, just a minute. ISO 0 Mayor Suarez: Madam City Attorney. Mrs. Dougherty: There is no way that you can suspend an ordinance that is in effect right now, and this motion, what I would suggest you do, is direct the Planning Department to give the permit, but every permit to have on there that this permit is subject to being revoked in the event that the impact fee is required. You write it right on the permit, otherwise you just... Mr. Plummer: Well, are you telling me that's the only legal thing we can do? Mrs. Dougherty: You legally cannot suspend an ordinance by a motion. Mr. Plummer: All right, what you are saying is... Mrs. Dougherty: You would have to pass another ordinance. Mr. Plummer: that they can in fact, issue the permit with it being stamped that this is for... for what? Mayor Suarez: Otherwise it is a repeal of the ordinance. Mr. Plummer: You can't do that tonight. Mayor Suarez: We are not doing that tonight. We are going to do a moratorium so you are going to be subject to notice, due to the fact that we don't know how it is going to finally be resolved. Mrs. Dougherty: That's right. Mr. Plummer: That's right. Mr. Dawkins: But, everybody who has one, a permit, will be grandfathered in. Mrs. Dougherty: In the impact fee that... a notice ought to be put on the permit that an impact fee may be assessed and the permit is subject to being revoked if it is. UNIDENTIFIED SPEAKER: We don't want that, though. Mr. Plummer: Well, you don't want that, but we have got to stay legal. Mayor Suarez: That's a moratorium, that is the best we can do until... UNIDENTIFIED SPEAKER: (OFF MIKE) Mr. Plummer: No, no. What she... whoa, now. Mayor Suarez: That is a moratorium. That's a moratorium. Mr. Plummer: Whoa now. Mrs. Dougherty: A moratorium, a zoning moratorium must be passed with the same dignity as an ordinance. Mayor Suarez: Please, please, that is the best we can do tonight. It's the best we can do tonight. Mr. Dawkins: But, if they get a permit, we can grandfather them in. Mr. Plummer: This Commission has that right at any time. Mayor Suarez: We have a motion and a second, all properly understood. Any further discussion? Call the roll. t Mr. Carollo: (OFF MIKE) What is the motion? Mr. Plummer: The motion is, Joe, that until such time as this Commissiop had =; the opportunity to re -look at the impact fee, that every permit issued rill be Issued with a predication that the fee or the ' Vomit could be revoked and the ;F too could apply. That is the motion. According to the City Attorney, -that to all we can do legally. r*. sit a 0 .0 Mr. Dawkins: Second. Mrs. Dougherty: We can pass an emergency ordinance at the next Commission meeting. Mr. Plummer: Wait a minute now. You are telling me in two minutes you can pass a resolution... Mr. Carollo: (INAUDIBLE, OFF MIKE) Mr. Plummer: Fine, that was my intent. Mr. Odio: Put a moratorium... (OFF MIKE, INAUDIBLE) Mr. Plummer: If you can do that in two minutes, I'll give you three! Mrs. Dougherty: All right. AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED. 29. AMEND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE DESIGNA- TION OF A CERTAIN PARCEL LOCATED AT 1500 N.W. 35 STREET FROM COMMER- CIAL/RESIDENTIAL TO GENERAL COMMERCIAL USE. Mayor Suarez: OK, PZ-10 Mr. Olmedillo: PZ.-10 and PZ-11 are companion items, Mr. Mayor. This is a first reading. PZ-10 is a plan amendment. PZ-11 is a zoning change, from CR- 3/7 to CG-1/7, just liberal commercial district. The applicant purchased an existing facility, an existing building and after he bought the building, he found out that the zoning considerations will not allow him to operate from that building. He is seeking a CG-1/7, which is a more liberal district. The Planning Advisory Board recommended approval. The Zoning Board recommended approval. The Planning Department has recommended denial on the fact that if you look at the map itself, this would be an intrusion towards the residential side. There is a well established RG-1/3 district to the south and to the east of this particular property. Mayor Suarez: Is there anyone here that wishes to be heard against the application at PZ-10? Let the record reflect that no one stepped forward. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mrs. Kennedy: I'll move PZ-10. Mr. Plusoer: What? Mr. Carollo: Second. Mrs. Kennedy: PZ-10. Mayor Suarez: ordinance. Moved and seconded, PZ-10. Any further discussion? Read the 'L Mr. Plusmer: Is there anyone wishing to speak against the issue? Mrs. Kennedy: No, he already asked. Mr. Plussier: Not Mrs. Dougherty: Do we have a motion and a second? Mr. Flu asisr: I understand, you. Mayor Suares: Tea, we do. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGH- BORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPER- TY LOCATED AT APPROXIMATELY 1500 NORTHWEST 35TH STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM COMMER- CIAL/RESIDENTIAL TO GENERAL COMMERCIAL USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Commissioner Carollo and was passed on its first reading by title by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. 30. AMEND ZONING ATLAS OF ORDINANCE 9500, BY CHANGING THE ZONING CLASSIFICA- TION OF APPROXIMATELY 1500 N.W. 35 ST. FROM CR-3/7 COMMERCIAL RESIDENTIAL TO CG-1/7 GENERAL COMMERCIAL. Mayor Suarez: Companion item PZ-11. Mrs. Kennedy: 11 is a companion item, I move it. Mayor Suarez: It has been moved. UNIDENTIFIED SPEAKER: Thank you, Mr. Mayor and Vice -Mayor. Mayor Suarez: Wait, we haven't voted on PZ-11. Do we have a second on it? Mr. Plummer: Second. - Mayor Suarez: 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 1500 NORTHWEST 35TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM CR- 3/7 COMMERCIAL RESIDENTIAL (GENERAL) TO CG-1/7 GENERAL COMMERCIAL BY MAKING FINDINGS] AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 20 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 Kennedy and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote- Uptss6eF ,�.rti _- AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and an- nounced that copies were available to the members of the City Commission and to the public. Mayor Suarez: Go aai:ay and sin no more! UNIDENTIFIED SPEAKER: Thank you. 31. AN EMERGENCY ORDINANCE DECLARING A MORATORIUM ON THE COLLECTION OF IMPACT FEES AS ORIGINALLY IMPOSED PURSUANT TO ORDINANCE 10273, TO LAST FOR THIRTY DAYS FROM SEPTEMBER 22, 1987. (See label 28) -------------------------------------------------------- Mayor Suarez: Are we now ready on that? Mr. Odio: The ordinance is ready. Mrs. Dougherty: I want to know one thing. What do you want to do with the people who come in right now asking for building permits?... not to pay the fee in the future either? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: The opportunity to talk I think is going to be scheduled for the 2:;nd of October. I think that we have to waive the fee until that time. Mrs. Dougherty: At that time you might want to go back and give it, then? Mr. Plummer: Until that time. Excuse me? Mrs. Dougherty: So, the people who get a permit now will not have to pay a fee at all? Mr. Pltmnert That is correct. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: She says not! Mrs. Dougherty: That's what you want. That is what you want this ordinance to say. Mr. Plummer: Look, you got the problems with an ordinance. The problems need to be discussed. I am the first one to admit that, because I am the one that brought it up in the first place. I am saying that we have areas that in my estimation have been misinterpreted, they have been misread and we need to clarify it. Mr. Mrs. Dougherty: This is an emergency ordinance declaring... oh, do we have a motion and a second? Mr. Plummert I so... `R Mrs. Kennedy: Second. Mr. Plummere 1 do. 1 know what I move? �'3N-:r 4, a-��`K.W. r- -�1` v aS,.+a: a -'+ �_. F�':.. ;;., .,:.,._; •_t�.+_ . ". _.. , V ...;,.`. .. a. _� ��'�'. ...:. ..y. �Y', THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Plummer: That's fine. Now, in making that motion, bad Sergio, between now and the 22nd, I would like for you to address namely the two areas. One, in relation to housing and I am not talking about City housing, I am talking about housing in general, as it speaks to moderate and low income housing. The second point brought up by the Mayor and those either nonprofit or chari- table organizations that they will be exempt from this, as we did the single family residents. I would ask of you that you have a published notice in the paper and at least a meeting prior to that meeting of the 22nd, giving every- body the opportunity who wishes to speak to the issue in a workshop with your department, giving them that opportunity so that at the meeting of the 22nd, we can intelligently discuss and hear your recommendations. So, I would hope that we would not be losing time, that during this period of time, you would, in fact, be pursuing it so that we can work on it on the 22nd. Mr. Dawkins: Also, make sure that houses or multi -dwellings, that they rehab or work on where the sidewalks and the streets are not torn up and in good shape that they don't have to touch them. Mr. Pierce: Mr. Dawkins, that item that you just spoke to is not part of the impact fee, that is something contained in the subdivision code. We will look at that in a different way. Mr. Dawkins: See, I understand, but if the streets and the sidewalks are not broken and not torn up and they don't damage them while they are building the buildings, they don't have to replace them. Mr. Pierce: We will look at that separately. Mr. Plummer: In other words, don't make them pay twice for it. Mr. Rodriguez: ..-Commissioner, could you clarify the issue of the housing, because I didn't get it very clear. It is a little late. Mr. Plummer: In some of the areas where I understand, and the permits were applied for in low income housing, because it was not a City project, the impact fee was going to be imposed. It was my understanding and my intent from day one, that we would do everything, this Commission, I think, has demonstrated that, to encourage, not discourage, low and moderate income housing. I think we have to, absolutely, and I am speaking for one, eliminate impact fees on those areas that we are trying to encourage. If not, you are going to discourage them. Mr. Carollo: J.L., I agree. I call the question. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE DECLARING A MORATORIUM ON THE COLLECTION OF IMPACT FEES AS ORIGINALLY IMPOSED PURSUANT TO ORDINANCE NO. 10273, ADOPTED MAY 28, 1987, TO LAST FOR 30 DAYS FROM THIS DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy. for adoption as an emergency measure and dispensing with the require- ment of reading same on two separate days, which was agreed to by the follov- ing vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez VWSt hone. AESIi1i2't hone. ilk .9 '.3 Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Kennedy, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10324. The City Attorney read the ordinance into the public record and An- nounced that copies were available to the members of the City Commission and to the public. 32.A. DISCUSS AND CONTINUE PROPOSED AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE DESIGNATION OF PROPERTY LOCATED AT APPROXIMATELY 2575 S.W. 27 AVENUE. B. CONTINUE ALL PLANNING AND ZONING ITEMS NOT TAKEN UP BY THE COMMISSION ON THIS DATE TO THE MEETING SCHEDULED FOR OCTOBER 22, 1987. Mayor Suarez: You had tried to convince me that item 12 was the last item on the Planning and Zoning agenda? Mr. Thomas Dixon: No, sir, I am trying to convince you that item 12 and 13, because you had taken 16 out of order will now clean it up. There is one following and the rest of them are Planning and Zoning requests. You have cleaned up your schedule that has been dragging for three months. Mayor Suarez: Is PZ-12 a controversial item? Mr. Carollo: You say this has been dragging for three months? Mr. Dixon: Yes, sir. That was not heard on July 23rd. You did not meet in August and here it is in September. Mr. Carollo: Xavier, that is not what he is telling the public in those debates out there now. You are telling them you finish the meetings on time. I tell you, I don't know. Mayor Suarez: I don't know if I am going to keep a quorum here. Mr. Dixon: Can you keep a quorum there for 10 minutes, please. There are a lot of people that have been waiting since 6:30 p.m. I came here at 5:30 p.m. r There are people that have come from their homes. } !Mayor Suarez: On this item, PZ-12? Mr. Dixon: Yes, 12 and 13. k Mr. Dawkins: How luny people here on 12 and 13? �. Mr. Dixon: Another ten minutes. INAUDIBLE BACKGROUND COMMENTS NOT BNTBRBD INTO THE PUBLIC RECORD. !Mayor Suaress And those people are on opposite sides of the issue, I presume, w right? i" Mr. Dixon: Thera are four people in opposition. v< Mayor Suaree: To give a fair bearing, we- wooled have to do it sit! the A� = �' C0401,00104 siseting. It won't get a fair hearing tonigbt. What other ry Itmal 1 ./ ._ ,. _....tea-. .. }a..d. ,�A`u ,.E ...A+c4.+?'+...L.=•e1-..r.:�ifii+��;`.•iti6.xS.ks :..�:"o--ts �ird"aT�. } t;' INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dixon: I got you this close, and then you clean up the calendar, you clean up the schedule. I understand that. Mayor Suarez: We've got a quorum. Proceed with PZ-12 Mr. Olmedillo: PZ-12 and 13 are companion items. 12 is a comprehensive plan amendment and 13 is a zoning change from a single family district to a commer- cial district with an intensity of seven. The basic issue that you are looking at is an intrusion into the residential neighborhood. The Planning Advisory Board recommended denial. The Zoning Board recommended denial. The applicant has submitted a covenant in pages 19 through 23. The covenant proffers a limitation on the F.A.R. to 50,000 square feet in a letter ad- dressed to Gloria Fox dated July 16, 1987. Then he goes on, number one, there is a donation of $5,000 to the City of Miami Parks and Recreation Trust Fund. There is a buffer area of six feet around the property. There is a landscap- ing proffered to be approved by the City of Miami Planning Department. The only use permitted on the property will be surface parking only. There is proffer for parking lot lighting. There is a proffer for unity of title. There is a zoning buffer that is a minus one foot around the property that projects towards the residential area. The Planning Department in the past has recommended denial of the application as requested. The covenant is up for your consideration. The Planning Department recognizes that the covenant addresses most of the concerns expressed in the past. Questions? Mr. Plummer: Have we heard from the opponents? Mayor Suarez: No, we sure have not. This is the corner... Mr. Dixon: That's the corner, yes, sir. Would you like me to begin the presentation, or did you have questions of your staff? Mayor Suarez: Go ahead, proceed. Mr. Dixon: This property is at 2575 S.W. 27th Avenue. It is on the east side of S. W. 27th Avenue at S.W. 26th Street. It is an unusual piece of property as you can see - the area that is in brown and the area in blue. The property that is being requested for rezoning is the area in brown, which is the rear portion of a large single platted lot. The requested rezoning is for surface level parking, basically, because we are going to have it rezoned for commer- cial usage, but we proffered a restrictive covenant for surface level parking. Currently, the property, a third of that property has been used in the past for parking. We have offered a restrictive covenant that we are only going to use the entire parcel which is marked in blue and brown for a building that would be no bigger than if the brown portion was not rezoned at all, so we are not asking for any increase in F.A.R., size of building, dimensions. We have tried to minimize the impact... Mayor Suarez: Has that satisfied any of the opponents from the neighborhood? Mr. Dixon: I Mould say yes, we have gotten satisfactory responses from some of the neighbors. Mayor Suarez: But, obviously, not all. Mr. Dixon: No, obviously not all, no, sir. We have built a six foot buffer Mall and separation from the adjoining property owners and this particular use. We have most with the property owners. We've tried to address their concerns as best we can. We are not asking for an increase or bigger building. This property, if it were not rezoned, and it very important, understand this, the use Mould be a single family residence, with no public street frontage that you could not sell. We are asking for the minimal usage of this piece of property, which is for surface level parking. If the zoning request is approved, we are going to record a unity of title. The intent would be. that we Mould now be able to build.moderate income housing above commercial... J Mayor Suarez: I Mould strongly suggest gram whatI have been able tb;set 30 Y. this five minutes that we have had a presentation, that you accept a det'stxral. x{ of this Item, otherwise it Will be detested tonight, because I can't' saa voting for it, trots whet I have heard so far. Mr. Dixon: Thank you. Mr. Plummer: I move that the rest of the agenda PZ items be deferred until October 22. Mayor Suarez: So moved. Do we have a second? Commissioner, second the continuation? Mr. Dawkins: Second. Mayor Suarez: Continuance of all the other items. Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 87-853 A MOTION CONTINUING ALL PLANNING AND ZONING ITEMS NOT TAKEN UP BY THE COMMISSION ON THIS DATE TO THE MEETING PRESENTLY SCHEDULED FOR OCTOBER 22, 1987. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Rosario Kennedy 33. DISCUSSION OF FINANCIAL PROBLEMS AFFECTING CITY RETIREES. Mr. Carollo: I need to have this Commission give at least two minutes to the representatives of the retirees that have been here waiting all day. Two minutes is all he needs. These people have dedicated their whole lives to this City, and that is the least we can do is hear them out. Mr. Harry Lenchner: Thank you very much. Being here since 5:00 o'clock and listen to everybody speak, I haven't heard anybody speak in behalf of the... My name is Harry Lenchner, retired sergeant of police, 25 years with the City. ty We all listened to many people, attorneys, architects, for both the school and Mrs. Veins. The president of the board of Ransom School talked to you of then hardship suffered by the students. I would like to tell you about the hard- ships suffered by a thousand retired employees of police and fire who dedicat- ed their lives to the City of !Miami. For many years we had a Gates suit, and } It was finally settled and that suit the City of Miami to finance new Y money for bonds by lowering their premiums. Everybody was elated about it, the City was, and the retirees because we got a C.O.L.A. out of it and the C.O.L.A. started on January 1, 1987. For many of years the City appropriated in their budget a supplemental check to retirees. After we received the C.O.L.A. the City stopped budgeting the supplemental check, which was,.. the " C.O.L.A. was 65 percent less than what the supplemental check vas, so in 4?%K essence, the average fellow who was receiving $100 every three months was now. getting approximately $33.00. Mayor Suarez: That's an adjustment? Mr. Lenchner: That's correct, so we von the battle and lost the war. 1 mayor Suarez: What is a typical pension received by someone with... bow many, years did you have with the Department? Mr. lenchner: 25 years. Mayor Suarez: What do you receive in pension? Mr. Lenchner: I'm receiving $1,100.00 and about $90.00, $1,200.00. I was going to... Mayor Suarez: That is a month? Mr. Lenchner: Yes, sir. OK. Our C.O.L.A. as I said, started in January. The City, in October, 1986, stopped funding the supplemental checks to the 1,000 retirees, so, retirees C.O.L.A. checks was reduced about 65 percent lower than the supplement. OK, second, in 1981, the City raised the retirees' insurance twice. The majority of the retirees were paying about $103 a month. For the last six years, we have been paying $213 a month, a little over 100 percent increase in premiums. I just got back from the national conference in Mobile, Alabama, of police officers throughout the United States, talked to 20 different police officers from different cities, and by far, our premiums are the highest. Number three, there are over 60 widows whose husbands have passed away and their pensions were reduced about 40 percent of what their husbands were getting. Say husbands were getting roughly $1,000 a month, now they are getting... the widows are getting $400 a month. Most of these widows are under the age of 65 and they pay $135 from their $400, leaving them $265 pension. A lot of the widows are getting even less than $400 a month. There are also widows of retired police officers who got disabilities. When they passed away, their pensions stopped coming in, but yet, they would still have to pay $135 as a widow under age 65. Excuse me, bear with me, because I wrote this out while I was sitting here. Mayor Suarez: Why don't you... suggestion, here, we can't possible take any action on this tonight, so why don't you read... Mr. Lenchner: OK, no, I don't want you to... Mayor Suarez: OK, complete the presentation. Mr. Lenchner:... take any action, just for your consideration. I am not here asking for anything. After listening to everybody here, you have my utmost sympathy. I am here to beg you all to take us back where we were six years ago, not give us anything, just give us what we had six years ago, and like I said, one's standard of living in the last eight years has gone up over 30 percent. Insurance premiums increased 100 percent. The supplemental checks stopped a year ago. Our C.O.L.A. checks, 65 percent less than the supplement. All we ask the City to do is supplement the 65 percent again. Our pensions are the same. Many retirees, in the few remaining years of their lives, now have to go back and work extra jobs at age 60 and over. I am not talking about the few who retired in the last few years with great pensions. I am talking about the many who retired many years ago. In talking to retirees at meet- ings - I was up in Liberty City talking to them, and I just got back from a retirees barbecue in Ocala last week with 209 people and I am just begging you, please restore us to where we were, that's all. And I thank you very much for your time and I am sorry to hold you up any further. Mayor Suarez: Thank you, and please brief each of the Commissioners so that we can take up this item at the appropriate time. Thank you for your presen- tation. Mr. Lenchner: Thank you and God bless you and I appreciate it very much. Mayor Suarez: God bless you too. This Commission is adjourned. u ------------------------------------------------ - - ------------------- 34. RESCHEDULE THE FIRST REGULAR CITY COMMISSION MEETING OF OCTOBER TO TAKE PLACE ON OCTOBER 22, 1987, AND ALSO RESCHEDULING THE TIME OF THE SECOND REGULARLY SCHEDULED MEETING OF SAID MONTH TO COMMENCE AT 4:30 P.M. THAT SAME DAY. ------------------------------------------------------------------------------ Mr. Aurelio Perez-Lugones: No, Mayor, the meeting of November. Mr. Plummer: Joe, before you walk out... Rosario, someone mentioned there was a possibility in October of combining the two meetings into one, one in the morning and one in the afternoon. Mr. Carollo: Good idea. Mr. Plummer: I think it is a great idea and I don't care which day, the 22nd, you want to combine the two? Mr. Odio: Yes, sir. Mr. Plummer: I'd like to move at this time, Mr. Mayor, that we combine the two meetings in October to the first regular... Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded, thirded. Mr. Odio: Start at 9:00 o'clock, Mr. Mayor, Commissioners? Mr. Plummer: Yes. Mayor Suarez: Starting at 9:00? Yes, starting at 9:00 o'clock. Mr. Plummer: 9:00 o'clock, right. Then the zoning would be in the afternoon and evening. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 87-854 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF OCTOBER, 1987 TO TAKE PLACE ON OCTOBER 22, 1987 AT 9:00 A.M.; FURTHER RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF OCTOBER, 1987 TO COMMENCE AT 4:30 P.M. ON OCTOBER 22, 1987. (Here follows body of resolution, omitted here and on h 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 Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer, Jr. Mayor Xavier L. Suarez NOBS: None. ASSSNTs Now, t' iWY �r A a ---------------------------------------------------- 35. RESCHEDULE THE SECOND REGULAR MEETING OF NOVEMBER 1987 TO BEGIN AT 1 P.M. ON NOVEMBER 12, 1987. Mr. Odio: Would you like to do the same thing in November and that way...? Mayor Suarez: We eliminate the problem with one that comes out on Thanksgiv- ing day? Mr. Odio: Yes, sir. Mr. Plummer: Yes, I so move. Mayor Suarez: OK, to what date? �C x Mr. Odio: After the election. Mayor Suarez: Right, to what date? Mr. Plummer: Well, you'd have both of your meetings on the 11th. Mr. Carollo: (OFF MIKE) Let me pick a date that suits me. ... INAUDIBLE. Mr. Odio: I don't even know when the election day is, Commissioner. Ms. Hirai: The 3rd and the loth. Mr. Odio: It is marked for the 12th. Ms. Hirai: The 3rd and the loth. Mr. Plummer: What do you mean, the 10th? Mr. Carollo: Madam City Clerk, the 12th is Mayor Suarez: What is the suggested date? We have November 12th. Ms. Hirai: The primary is on the 3rd. Mayor Suarez: What is the 12th? What does the 12th come on, what day of the week? Mrs. Kennedy: Thursday. Mayor Suarezc November 12th, going once, going twice) That is a motion. Do we have a second? Mr. Carollo: Let me call Maurice and Toole and see what day is convenient for them here. Mayor Suarezc Motion and a second. Any further discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: x NOTION NO. 87-855 A MMION RESCHEDULING THE SECOND REGULAR CITY COMMIS- SION MEETING OF NOVEMBER, 1987 TO COMMENCE AT 1:00 P.M. ON NOVEMM 120 1987 y y, passed and Upon being seconded b Comiaissiaae� Keaned the motion aas 3 =� adopted by the following vote-K'" F•� 3 K P y AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner Rosario Kennedy Vice -Mayor J. L. Plummer$ Jr. Mayor Xavier L. Suarez NOES: None. ABSENT: None. TIDE BRING NO FURTHER BUSINESS TO CM BEFORE THE CITY COMMIS— SIONg T= 18WING WAS ADJOUR!® AT 10:33 P.M. ATTESTt Natty Hirai CITY CLWM Valter J. Foeaan ASSISTANT CITY CLIM * INCORP 18 C ORATE 96 A CITY of MIAMI DOCUMENT INDEX jAVM"Tft SEPTEMBER 22t 1987 PNK1 OF dommmmommommo GRANT REQUEST BY MIAMI DADE COMMU- NITY COLLEGE FOR A ONE -DAY PERMIT TO SELL BEER AND WINE IN CONNECTION WITH PAELLA 187 TO BE HELD OCT. 10, 1987. AUTHORIZE CLOSURE OF DESIGNATED STREETS IN CONNECTION WITH THE OCTOBER 1, 1987 INAUGURATION CERE- MONY TO BE CONEUCTED BY NEW WORLD FESTIVAL OF THE ARTS. AFFIRM ZONING BOARDIS GRANTING OF SPECIAL EXCEPTION TO PERMIT A DRIVE-IN TELLER FACILITY LOCATED AT 2800 BISCAYNE BOULEVARD FOR ITS PROPERTY LOCATED AT 253 N.E. 28 STREET AND 234 N.E. 29 STREET. GRANT SPECIAL EXCEPTION, AS LISTED IN ORDINANCE 9500, SUBSECTION 2031- 2, TO PERMIT A REDUCTION IN THE NUMBER OF RESERVOIR SPACES FROM A MINIMUM OF 20 TO 18 FOR TWO TELLER STATIONS FOR THE PROPOSED DRIVE�IN FACILITY LOCATED AT APPROXIMATELY 253 N.E. 28 STREET AND 254 N.E. 29 STREET. AFFIRM DECISION OF ZONING BOARD & GRANTING SPECIAL EXCEPTION, 9500 RS-1, RS-2, TO PERMIT THE CONSTRUC- TION OF A STUDENT ATHLETIC CENTER FOR RANSOM EVERGLADES SCHOOL, 3575 MAIN HIGHWAY. AFFIRM DECISION OF ZONING BOARD GRANTING A VARIANCE, MAXIMUM HEIGHT, TO.PERMIT CONSTRUCTION OF A SCHOOL ATHLETIC CENTER FOR RANSOM EVERGLADES SCHOOL, 3575'MAIN HIGHWAY. APPROVE CHIEF PROCUREMENT OFFICER'S DECISION & AWARD BID FOR THE PUR- CHASE OF 120 GLOCK 17-9MM PARABELLUM HANDGUNDS. RESCHEDULE THE FIRST REGULAR CITY COMMISSION MEETING OF OCTOBER TO T AKE PLACE ON OCTOBER E2. 1987, AND RESCHEDULING THE TIME OF THE SECOND MEETING OF OCTOBER TO COMMENCE AT 4130 P.M. 87-841 87-842 87-846 87-847 87-849