HomeMy WebLinkAboutCC 1987-02-26 Minutes'k lNCORPI(IR.1TE1)
OF MEETING HELD ON FEMARY 26, 1987
(PLANNING & ZONING)
PREPARED sY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
FEBRUARY 26, 1987
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ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS,
PRESENTED
1
SPECIAL ITEMS.
2/26/87
2.
CONSENT AGENDA.
1-2
2/26/87
2.1
EXECUTION OF NEGOTIATED AGREEMENT
R-87-195
2
WITH WALLACE, ROBERTS AND TODD/WRT,
2/26/87
INC. FOR DESIGN OF PEDESTRIAN MALLS
IN SOUTHEAST OVERTOWN/PARK WEST.
2.2
EXECUTION OF AGREEMENT WITH CELLAR
R-87-196
2
DOOR CONCERTS, INC. FOR GENESIS
2/26/87
CONCERT.
2.3
VENDOR OCCUPATIONAL LICENSES NOT TO
R-87-197
2
BE APPLICABLE ON MARCH 1, 1987 FROM
2/26/87
3:00 P.M. TO 12:00 MIDNIGHT IN
CERTAIN AREA.
2.4
SUPPORT ANTI -DRUG ABUSE ACT.
R-87-198
3
2/26/87
2.5
EXECUTION OF AMENDMENT TO GRAND
R-87-199
3
PRIX AGREEMENT WITH MOTORSPORTS
2/26/87
PROVIDING FOR DESIGN AND
CONSTRUCTION OF PAVING PROJECT FOR
RACE TRACK.
3.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
3-5
FUND, "MIAMI COMPREHENSIVE
10222
NEIGHBORHOOD PLAN:' 86-87" AND
2/26/87
APPROPRIATE FUNDS FOR SAME.
4.
SECOND READING ORDINANCE:
ORDINANCE
5-6
APPROPRIATIONS FOR ECONOMIC
10223
DEVELOPMENT PROJECTS.
2/26/87
5.
SECOND READING ORDINANCE: FURTHER
ORDINANCE
6-7
DEFINE, FOR TAX ASSESSMENT, BROKERS
10224
AND DEALERS IN BONDS, STOCKS,
2/26/87
MORTGAGES OR OTHER SECURITIES.
6.
SECOND READING ORDINANCE:
ORDINANCE
7-8
INSPECTION OF REAL PROPERTY BY THE
10225
BUILDING AND ZONING DEPARTMENT TO
2/26/87
CHECK FOR VIOLATIONS.
7.
SECOND READING ORDINANCE:
ORDINANCE
8-10
ESTABLISH NEW FUND: "EMERGENY
10226
SHELTER GRANT PROGRAM" AND
2/26/87
APPROPRIATE FUNDS FOR SAME.
8.
FIRST READING ORDINANCE: PROVIDE
FIRST
10-12
NEW DEFINITIONS FOR PUBLIC SERVICE
READING
TAXES ON TELECOMMUNICATIONS
2/26/87
SERVICES.
172
9.
APPOINT VICE MAYOR PLUMMER AS
R-87-200
12-13
CITY'S REPRESENTATIVE TO DADE
2/26/87
COUNTY LEAGUE OF CITIES; APPOINT
COMMISSIONER DAUKINS AS ALTERNATE
REPRESENTATIVE.
10.
APPOINT RALPH JOHNSON TO THE CODE
R-87-201
13-14
ENFORCEMENT BOARD.
2/26/87
11.
(A) ALLOCATE $25,000 FOR THE BAY OF
R-87-202
14-18
PIGS VETERANS ASSOCIATION, 2506
R-87-203
BRIGADE INC. (B) URGE STATE
2/26/87
LEGISLATURE TO ASSIST BAY OF PIGS
VETERANS ASSOCIATION.
12.
AUTHORIZE CITY ATTORNEY TO SETTLE
M-87-204
18-24
FOR $1,000,000 IN THE ACQUISITION
2/26/87
OF LAND EASTERN TERMINUS OF N.E.
70TH STREET (SEE LABEL #14).
13.
BRIEF DISCUSSION REGARDING THE
DISCUSSION
24
EXHIBITION HALL COMMITTEE AND
2/26/87
OLYMPIA YORK.
14.
CONTINUED DISCUSSION OF ACQUISITION
DISCUSSION
25
OF LAND ON EASTERN TERMINUS OF N.E.
2/26/87
70TH STREET (SEE LABEL #12)
15.
ESTABLISH $25,000 REWARD FOR
M-87-205
25-26
INFORMATION LEADING TO ARREST OF
2/26/87
RAPIST OF A YOUNG STUDENT AT THE
CORAL WAY ELEMENTARY SCHOOL.
16.
URGE U.S. SENATE AND U.S. HOUSE TO
R-87-206
26-27
ESTABLISH CENTER FOR ASSISTANCE
2/26/87
RELATING TO DONATIONS OF HUMAN
ORGANS.
17.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
27-28
OF ACCEPTANCE OF BID OF
2/26/87
INTERAMERICAN CAR RENTAL FOR 60
VEHICLES ON MONTHLY RENTAL BASIS
FOR POLICE DEPARTMENT (SEE LABEL
#20)
18.
CONTINUATION OF DISCUSSION
DISCUSSION
28
REGARDING ALLEGATIONS OF
2/26/87
DISCRIMINATION IN THE CITY FIRE
DEPARTMENT TO MARCH 13TH.
19.
DISCUSSION REGARDING THE VIZCAYA
DISCUSSION
29
METRORAIL PEDESTRIAN OVERPASS.
2/26/87
20.
THROW OUT BIDS OF 60 RENTAL
M-87-207
29-36
VEHICLES FOR POLICE DEPARTMENT (SEE
2/26/87
LABEL #17)
21.
APPOINT OSVALDO MORAN-RIBEAUX TO
R-87-208
36-37
THE ZONING BOARD.
2/26/87
22.
ALLOCATE $2000 FOR THE MINORITY AND
R-87-209
37-39
WOMENS BUSINESS TRADE FAIR.
2/26/87
23.
ABOLISH THE MIAMI MEMORIAL
R-87-210
39-40
COMMITTEE.
2/26/87
24.
EXTEND TO MARCH 12TH PRESENT
M-87-211
40-49
NEGOTIATIONS FOR CONSTRUCTION OF
2/26/87
THE POLICE SUBSTATIONS, BAKING
STIPULATIONS.
25.
STRONG OPPOSITION EXPRESSED TO
R-87-212
49-52
CONSTRUCTION OF ANY INCINERATOR
2/26/87
FACILITIES CLOSE TO CITY LIMITS.
26. ORDER INVESTIGATION OF ALLEGATIONS M-87-213 52-62
OF DISCRIMINATION BY THE LINBECK 2/26/87
COMPANY AT MIAMI ARENA CONSTRUCTION
SITE.
27. REITERATE TO DADE COUNTY OPPOSITION M-87-214 62-64
TO JAIL FACILITIES WITHIN CITY 2/26/87
LIMITS.
28. BRIEF REPORT BY CITY ATTORNEY DISCUSSION 64-65
REGARDING INCREASE IN MORTGAGE AT 2/26/87
BAKEHOUSE COMPLEX.
29. BRIEF DISCUSSION REGARDING "NEWPORT DISCUSSION 65-66
BOULEVARD" - COUNTY MUST PURCHASE 2/26/87
PROPERTY FROM CITY FOR USE OF PORT
OF MIAMI.
30. DISCUSSION REGARDING MIAMI DISCUSSION 67-68
TELECOMMUNICATIONS INC.'S MINORITY 2/26/87
PARTICIPATION AND AFFIRMATIVE
ACTION.
31. PARKING PROBLEMS AT THE BORINQUEN M-87-215 68-71
HEALTH CARE CENTER (SERVING THE 2/26/87
UNDERPRIVILEGED) REFERRED TO
ADMINISTRATION.
32. ADMINISTRATION TO LOOK AT SITES M-87-216 71-76
DONATED FOR POLICE MINI -STATIONS IN 2/26/87
ALLAPATTAH AREA.
33. DISCUSSION REGARDING FLEA MARKET'S DISCUSSION 76-79
USE OF PARKING LOT AT THE MIAMI 2/26/87
BOBBY MADURO BASEBALL STADIUM.
34. DISCUSSION OF VIOLATIONS OF ZONING DISCUSSION 79-81
ORDINANCE REFERRED TO THE CODE 2/26/87
ENFORCEMENT BOARD.
35. (A) ALLOCATE $50,000 TO BRING THE M-87-217 81-85
OPRAH WINFREY SHOW TO MIAMI. (B) 2/26/87
DISCUSSION REGARDING MIAMI HERALD'S
ARTICLE MENTIONING STREET
IMPROVEMENT WORK BEING DONE IN AREA
WHERE COMMISSIONER CAROLLO LIVE.
36. ALLOCATE $25,000 FOR THE MISS R-87-218 85-89
COLLEGIATE BLACK AMERICAN PAGEANT; 2/26/87
URGE TOURIST INDUSTRY COALITION TO
LEND SUPPORT.
37. DISCUSSION AND CONTINUANCE OF M-87-219 89-94
CONSIDERATION OF PROPOSED 2/26/87
BILLBOARD AT APPROXIMATELY 305 S.W.
1 STREET -PENDING LEGAL QUESTIONS.
38. AUTHORIZE ADDITIONAL MEZZANIE SPACE R-87-220 94-96
AT 1221 BRICKELL PROJECT. 2/26/87
39. SECOND READING ORDINANCE: AMEND ORDINANCE 96
COMPREHENSIVE NEIGHBORHOOD PLAN AT 10227
APPROXIMATELY 364-66 N.W. 26.AVENUE 2/26/87
AND 373-457 N.W. 27 AVENUE FROM
SCHOOLS, CHURCHES, CULTURAL TO
LIBERAL COMMERCIAL .
40. SECOND READING ORDINANCE: CHANGE ORDINANCE 97
ZONING AT APPROXIMATELY 364-66 N.W. 10228
26 AVENUE FROM RG-1/3 TO CG-1/7. 2/26/87
41. VICE !MAYOR COMPLAINS ABOUT AIR DISCUSSION 97-98
CONDITIONING SYSTEM IN CITY HALL 2/26/87
CHAMBERS.
42.
SECOND READING ORDINANCE: AMEND
ORDINANCE
98-101
COMPREHENSIVE NEIGHBORHOOD PLAN AT
10229
APPROXIMATELY 3621-31 S.W. 22
2/26/87
TERRACE FROM LOW MODERATE DENSITY
RESIDENTIAL TO RESIDENTIAL
COMMERCIAL USE.
43.
SECOND READING ORDINANCE: ZONING
ORDINANCE
102
CHANGE AT APPROXIMATELY 3621-31
10230
S.W. 22 TERRACE FROM RG-1/3 TO CR-
2/26/87
3/7.
44.
LONG PUBLIC HEARING AND FIRST
FIRST
103-119
READING ORDINANCE: HOUSEBOATS SPI-
READING
18 LITTLE RIVER CANAL - GROVE PARK
2/26/87
OVERLAY DISTRICT.
45.
FIRST READING ORDINANCE: AMEND
FIRST
119-120
COMPREHENSIVE NEIGHBORHOOD PLAN
READING
FROM LOW DENSITY RESIDENTIAL,
2/26/87
MODERATE -HIGH DENSITY RESIDENTIAL,
RESIDENTIAL -COMMERCIAL AND
RESTRICTED COMMERCIAL TO SPECIAL
USE IN AREA GENERALLY BOUNDED BY
BISCAYNE BLVD AND THOSE PROPERTIES
EAST OF BISCAYNE BLVD. FRONTING
LITTLE RIVER CANAL ETC.
46.
DIRECT ADMINISTRATION TO REVIEW
M-87-221
120-121
POSSIBLE ZONING OF THE REST OF THE
2/26/87
MIAMI RIVER NOT PRESENTLY PROPOSED
FOR AN SPI-18 (PROHIBITING
HOUSEBOATS)
47.
FIRST READING ORDINANCE: AMENDMENT
FIRST
121-122
TO "PERMANENT ACTIVE RECREATION
READING
FACILITIES AS ACCESSORY USES IN
2/26187
RESIDENTIAL DISTRICTS SPECIAL
PERMITS."
48.
(A) DISCUSSION REGARDING
DISCUSSION
122-131
TRANSITIONAL USES. (B) DISCUSSION
2/26/87
REGARDING POSSIBLE ELIMINATION OF
ZONING ORDINANCE 9500.
49.
DENY PROPOSED FIRST READING
M-87-222
132-133
ORDINANCE ON OUTDOOR LIGHTING
2/26/87
STANDARDS.
50.
REQUEST YOUTH ADVISORY COUNCIL TO
M-87-223
133-134
CONSIDER RAISING FUNDS AT GENESIS
2/26/87
CONCERT FOR RONNIE DESILLERS AND
LUCINDA BROWN.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of February, 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 9:04 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: Commissioner Miller J. Dawkins
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
1. Proclamation presented to "Newspapers in Education Week:" congratulating
Florida International University, The Miami Herald, The Miami News and
the Dade County Reading Council for sponsoring this event which greatly
benefits the community.
2. Proclamation presented to "Lanser Language Services Day": welcoming this
outstanding school to our City.
NOTE FOR THE RECORD: Commissioner Dawkins entered the meeting at 9:09 a.m.
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2. CONSENT AGENDA
Mayor Suarez: Does the administration want us to hold on item 1 for a few
minutes? Is that....? Aurelio, are we ready on item 1 or do you want to...?
Item 1.
Mr. Odio: This is awarding of a bid for rental of approximately 60 full....
Mayor Suarez: I'm sorry. Let me determine which items in the consent agenda
want to be pulled out. I guess 1 through 6 constitute the consent agenda.
Are there any Commissioners who want to pull any items out?
Mrs. Kennedy: I don't have any today.
Mayor Suarez: That's got to be the smallest consent agenda we've ever had. I
don't know if that is a good sign or a bad sign. We may not need a
presentation. Let me ask yourself and everyone else who's out there, is there
anyone who wishes to be heard on items 1 through 6, which comprise the consent
agenda? If there is no one, the Commission will take a vote on all six of
these items. Which item are you on, sir?
1 February 26, 1987
UNIDENTIFIED SPEAKER: Mr. Mayor, I would like to speak on item number 1, the
rental car concession.
Mayor Suarez: With the exception of item 1, is there anyone who wishes to be
heard on items 2 through 6, those constituting the consent agenda, for or
against, either way? Let the record reflect that no one stepped forward. If
the Commission is ready we can entertain a motion on the....
Mrs. Kennedy: I so move the consent agenda. I so move.
Mayor Suarez: ....consent agenda comprised of items 2 through 6.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
THEREUPON MOTION DULY MADE BY VICE MAYOR J.L. PLUMMER, JR. AND SECONDED
BY COMMISSIONER ROSARIO KENNEDY, THE FOLLOWING ITEMS WERE 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
2.1 EXECUTION OF NEGOTIATED AGREEMENT WITH WALLACE, ROBERTS AND TODD/WRT,
INC. FOR DESIGN OF PEDESTRIAN MALLS IN SOUTHEAST OVERTOWN/PARK WEST
RESOLUTION NO. 87-195
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND WALLACE, ROBERTS &
TODD/WRT, INC., IN THE AMOUNT OF $40,000.00 FOR PROFESSIONAL
SERVICES RELATED TO THE DESIGN OF PEDESTRIAN MALLS IN
SOUTHEAST OVERTOWN/PARK WEST, WITH MONIES THEREFOR ALLOCATED
FROM PROJECT NO. 322029 "S.E. OVERTOWN/PARK WEST REDEVELOPMENT -
PHASE I" AS APPROPRIATED IN CAPITAL IMPROVEMENT ORDINANCE NO.
10187.
2.2 EXECUTION OF AGREEMENT WITH CELLAR DOOR CONCERTS, INC. FOR GENESIS
CONCERT
RESOLUTION NO. 87-196
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN
THE CITY OF MIAMI AND CELLAR DOOR CONCERTS, INC., FOR
PRESENTING THE GENESIS CONCERT AT THE ORANGE BOWL STADIUM ON
MARCH 1, 1987.
2.3 VENDOR OCCUPATIONAL LICENSES NOT TO BE APPLICABLE ON MARCH 1, 1987 FROM
3:00 P.M. TO 12:00 MIDNIGHT IN CERTAIN AREA
RESOLUTION NO. 87-197
A RESOLUTION RATIFYING, CONFIRMING AND APPROVING THE CITY
MANAGER'S DESIGNATION, PURSUANT TO CITY CODE SECTION 39-13, OF
A CERTAIN AREA OF THE CITY IN THE VICINITY OF THE ORANGE BOWL
STADIUM WITHIN WHICH VENDOR OCCUPATIONAL LICENSES ARE NOT
APPLICABLE FROM 3:00 P.M. TO 12:00 MIDNIGHT ON MARCH 1, 1987.
2 February 26, 1987
2.4 SUPPORT ANTI -DRUG ABUSE ACT
RESOLUTION NO. 87-198
A RESOLUTION EXPRESSING SUPPORT FOR THE ANTI -DRUG ABUSE ACT AND
URGING PRESIDENT REAGAN AND THE FLORIDA CONGRESSIONAL
DELEGATION TO RESTORE FULL FUNDING OF THE ANTI -DRUG ABUSE ACT
SO THAT FLORIDA MAY CONTINUE TO EFFECTIVELY WAGE ITS WAR ON
DRUGS; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO PRESIDENT REAGAN AND THE FLORIDA
CONGRESSIONAL DELEGATION.
2.5 EXECUTION OF AMENDMENT TO GRAND PRIX AGREEMENT WITH MOTORSPORTS PROVIDING
FOR DESIGN AND CONSTRUCTION OF PAVING PROJECT FOR RACE TRACK
RESOLUTION NO. 87-199
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE AMENDED AND RESTATED GRAND PRIX AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MIAMI MOTORSPORTS,
INC. AND THE CITY OF MIAMI AND PROVIDING FOR THE SATISFACTION
OF MIAMI MOTORSPORTS INC.'S OBLIGATION TO PAY FOR THE DESIGN
AND CONSTRUCTION OF THE GRAND PRIX RACE CIRCUIT PAVING PROJECT
SET FORTH IN RESOLUTION NO. 85-932.
Mr. Odio: Mr. Mayor, it seems that there is an attorney that had been delayed
and wants to be present representing Interamerican Rental Cars.
Mayor Suarez: On which item?
Mr. Odio: Since he is going to speak against the item, he feels that he
should have his attorney here to defend him.
Mayor Suarez: O.K., we'll take up item 1 in about ten minutes then.
3. EMERGENCY ORDINANCE: ESTABLISH FUND, "MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN: FY '86-87" AND APPROPRIATE FUNDS FOR SAME
Mayor Suarez: Item 7.
Mr. Sergio Rodriguez: Item 7 is a recommendation from the administration to
establish a special revenue fund to accept the amount of money we're getting
from the State grant, and we need a four -fifths vote on this as an emergency
item, so we can charge them back for all the expenses we have starting
February 1st, which is basically staff personnel.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mrs. Kennedy: Sergio, where is the $203,000 going to?
Mr. Rodriguez: It's for the Comprehensive Plan that we are working on
already, that we have to do it by State law.
Mayor Suarez: Is there any way of using any of that money for any purpose
other than the Comprehensive Plan?
Mr. Rodriguez: No, sir.
Mayor Suarez: You haven't thought up any devious ways in which you can use it
for....
Mr. Rodriguez: We're paying part of our staff with that.
3 February 26, 1987
Mayor Suarez: Oh, we are? O.K.
Mr. Plummer: Just for the record, that is not adequate of what we actually
need. We need more!
Mr. Rodriguez: We're going to ask for another grant for next year.
Mayor Suarez: But you're telling us that we have figured out a way at least
to pay some of the staff, our own staff, in-house staff.
Mr. Rodriguez: About $110,000 of it.
Mayor Suarez: Beautiful.
Mr. Plummer: This is another one of those cases, Mr. Mayor, in which the
State mandates a program, but doesn't provide the funding. At least they're
going to give us a partial reimbursement. If we ever can pass through the
Legislature that says: "State, when you mandate a program, you've got to
provide the revenues," this City will be....
Mayor Suarez: What happened to that legislation that you were pushing in the
Legislature?
Mr. Plummer: We've been pushing that for six years, Mr. Mayor.
Mayor Suarez: We're getting nowhere. O.K., call the roll on the item. Read
the ordinance. Call the roll.
_ Ms. Hirai: Its an ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN: FY-86-87"; APPROPRIATING FUNDS FOR
ITS OPERATION IN THE AMOUNT OF $203,716 COMPOSED OF
$203,716 FROM THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; AUTHORIZING THE CITY MANAGER TO ACCEPT THE
GRANT AWARD FROM THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO
AND EXECUTE THE NECESSARY CONTRACT(S) AND/OR
AGREEMENT(S) FOR THE ACCEPTANCE OF THE GRANT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
AYES:
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
4 February 26, 1987
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10222.
The City ALtorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
4. SECOND READING ORDINANCE: APPROPRIATIONS FOR ECONOMIC DEVELOPMENT
PROJECTS
Mayor Suarez: Item 8, second reading.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: On what?
Mayor Suarez: Item 8.
Mr. Dawkins: O.K., under discussion, on page two, it says:
"The herein appropriations from the 11th an 12th year Block
Fund is to fund Economic Development projects and related
activities."
What is related activities?
Mayor Suarez: Good question.
Mr. Frank Castaneda: The whole $417,000 has been utilized as part of the
million dollars for Bayside.
Mr. Dawkins: What is related services?
Mayor Suarez: Do you have any problem deleting "related activities" from it?
Mr. Castaneda: No, not at all.
Mr. Odio: Take it off.
Mayor Suarez: Does the movant have any problems deleting that wording,
"related activities"? That could be just about anything. Does the seconding
party have any problems with that?
Mr. Plummer: No.
Mayor Suarez: With those modifications, moved and seconded. Any further
discussion? Call the roll on item 8. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE
NO. 10150 ADOPTED SEPTEMBER 25, 1986, THE ANNUAL
APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1987 BY APPROPRIATING $417,121 FROM 11TH
AND 12TH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
INCREASING REVENUE IN A LIKE AMOUNT TO FUND ECONOMIC
DEVELOPMENT PROJECTS WITHIN THE CITY OF MIAMI.
Passed on its first reading by title at the meeting of January 22, 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-
5 February 26, 1987
0
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10223.
The City Attorne read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
5. SECOND READING ORDINANCE: FURTHER DEFINE, FOR TAX ASSESSMENT, BROKERS AND
DEALERS IN BONDS, STOCKS, MORTGAGES OR OTHER SECURITIES.
Mayor Suarez: Item 9.
Mrs. Kennedy: Move 9.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: Mr. Mayor, under discussion, I want to bring once again to the
attention of the administration, the Florida League of Cities offer you a
program through their setup for occupational licenses. I've told you about it
before, - not you, Mr. Manager, but the administration- in which they will
develop a program at no cost to the City. They only get a percentage of what
they collect on occupational licenses, for example, banks and cars that are
doing business in the City of Miami through an interstate group. Last year,
they raised over three million dollars for cities in the State of Florida. I
urge you to get in touch with Ray Sittig at the Florida League of Cities.
Mr. Odio: What's that name again?
Mr. Plummer: I have Ray Sittig - you have nothing to lose. If they don't
collect, they don't get a dime. Please, it is important. I think this City
can... they do, our City does a tremendous job in occupational licenses. But
it's those cases that are doing interstate business through our City who
should have a license, who are not, and I think we can reap the benefit. Read
the ordinance 9.
Mayor Suarez: Read the ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 31-48 (B) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING
SUBSECTIONS (c), (d) AND (e) TO FURTHER DEFINE, FOR
THE PURPOSE OF OCCUPATIONAL LICENSE TAX ASSESSMENT,
THE DEFINITIONS OF BROKER(S) AND DEALER(S) IN BONDS,
STOCKS, MORTGAGES OR OTHER SECURITIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of January 22, 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-
6 February 26, 1987
V
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10224.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
6. SECOND READING ORDINANCE: INSPECTION OF REAL PROPERTY BY THE BUILDING AND
ZONING DEPARTMENT TO CHECK FOR VIOLATIONS
Mayor Suarez: Item 10, second reading.
Mr. Odio: This is amending the City Code to provide, upon request, for
inspection of real property by Building and Zoning to see whether zoning
violations openly exist and establish a fee of $80 for said services.
Mr. Plummer: Question, Mr. Manager. My understanding on the annual
certificate of occupancy that we're doing in the City, I'd like to question,
it was my understanding that these would be done on the buildings for safety
purposes, and that the fee was being changed to the building owner. Now I am
finding, and got a phone call the other day, that they are doing a fee also to
the tenants.
Mr. Walter Pierce: There is only one fee, Mr. Vice Mayor.
Mr. Plummer: Well, I'm telling you, I'll give you the case, in which the
annual C.O. the renewal of a building was done and they charged the tenant,
and every tenant in the building for the inspection.
Mr. Pierce: Just a moment, the certificate of use renewal is what you're
referring to, not CO. The certificate of use is to the occupant of a space in
the building. The owner is not also billed, only the tenant or whoever
occupies it in case of an owner/occupant or an occupant/tenant, that's who's
charged.
Mr. Plummer: What purpose is the annual CU accomplishing?
Mr. Pierce: The City required back in the 19601s, and it strengthened in the
'70's, that buildings be annually reinspected to determine compliance with not
just building code, but also zoning and other code requirements.
Mr. Plummer: I guess, maybe, it's just the idea to me the tenant should not
be paying it; the owner of the building should be.
Mr. Pierce: It's a question of who do you charge? In this case it's whoever
occupies the space. If it happens to be a tenant, then the tenant pays. But
tenants always have the option of negotiating such with their landlords.
Mr. Plummer: O.K., all right.
Mr. Pierce: But if you give me that information, I'll be glad to check it and
get back with you and make sure of that.
Mr. Plummer: All right. Has item 10 been moved?
Mrs. Kennedy: No.
Mr. Plummer: I'll move it.
Mr. Dawkins: Second.
7 February 26, 1987
0
•
Mayor Suarez: Moved and seconded. Anv discussion? Call the roll on item 10.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 2-75 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW
SUBSECTION (E) THERETO TO PROVIDE, UPON REQUEST, FOR
INSPECTION OF REAL PROPERTY BY THE BUILDING AND ZONING
DEPARTMENT TO ASCERTAIN WHETHER ZONING VIOLATIONS
OPENLY EXIST ON SAID PROPERTY; ESTABLISHING A FEE FOR
THIS SERVICE; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of January 22, 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10225.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
7. SECOND READING ORDINANCE: ESTABLISH NEW FUND: "EMERGENCY SHELTER GRANT
PROGRAM" AND APPROPRIATE FUNDS FOR SAME
------------------------------------------------------------------------------
Mayor Suarez: Item 11.
Mr. Odio: This is to establish a special revenue fund entitled "Emergency
Shelter Grant Program," and appropriate $41,000 from the U.S.H.U.D. to this
fund. If you remember, we're going to request this grant and pass it on to
the county and let them administer it.
Mrs. Kennedy: Move it.
Mr. Plummer: Whose rightful responsibility it is. I move it.
Mr. Dawkins: Second.
Mrs. Kennedy: I just did.
Mr. Plummer: I'm sorry.
Mayor Suarez: Moved and seconded. I still would prefer to have the City
contract out for this. Does it need my vote to pass? It's just a simple
majority, right, Madam City Attorney?
Mrs. Dougherty: That is correct.
Mr. Plummer: Wait a minute, let's explore that.
Mayor Suarez: Frank had said that he was ready to contract out for this to be
done. I mean he could do it with a qualified, nonprofit agency.
Mr. Castaneda: It was Miami Bridge and Salvation Army.
8 February 26, 1987
Mr. Plummer: Didn't I understand, though, from the last hearing that was
illegal. You couldn't do it?
Mr. Castaneda: Salvation Army, only a small amount can be contracted with
Salvation Army because they are a religious group and certain clauses have to
be put in.
Mrs. Kennedy: What do you mean by small amount?
Mr. Castaneda: I believe that not more than 20 percent, if I recall
correctly.
Mr. Plummer: That is ridiculous. That's a dollar per homeless from what I
hear.
Mr. Castaneda: No, on $41,000, it's peanuts to throw at the....
Mr. Plummer: That's the fear. The fear is the responsibility of the
homeless', the welfare is Metropolitan Dade County. If we accept this
pittance of $41,000 that won't do anything, my fear is that it's going to be
rightfully then said, "Hey, you accepted this money, then you accepted the
responsibility." That's why I think we ought to get this money, and
rightfully turn it over to the agency who's responsible for it.
Mayor Suarez: But what we were told last time, since you asked about the
legality is, that what we had moved had been illegal. In other words, we
cannot just simply tell the County that they should handle the funds. That's
what Frank told us now. It's still a symbolic gesture, I suppose, on our
part; and that's why I oppose it.
Mr. Plummer: O.K.
Mr. Dawkins: The only thing is that, as J.L. said, $41,000 is a drop in the
bucket.
Mr. Plummer: No, it's an insult.
Mr. Dawkins: And once you take that $41,000 and it runs out, the people are
going to be running here to us with their hands out. What are we going to do?
Mr. Plummer: Exactly. O.K., read the ordinance.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "EMERGENCY SHELTER GRANT PROGRAM--DADE
COUNTY," APPROPRIATING FUNDS FOR OPERATION OF SAME IN
THE AMOUNT OF $41,000 FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD); CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of January 22, 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10226.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
9 February 26, 1987
Mayor Suarez: Interesting article in today's Miami Herald, by the way, on
Atlanta and what they are doing with their homeless in connectival wiLl, trite
Democratic National Convention.
Mr. Dawkins: They all will be down here where it's warm.
Mr. Plummer: Yeah, Andrew Young will get a special train.
8. FIRST READING ORDINANCE: PROVIDE NEW DEFINITIONS FOR PUBLIC SERVICE TAXES
ON TELECOMMUNICATIONS SERVICES
----------------------------------------------- ------------------------------
Mayor Suarez: Item 12.
Mr. Plummer: Move it.
Mr. Odio: This is important. Let me point out what we are doing here,
Commissioner.
Mrs. Kennedy: Yes, I need a better explanation on how it is going to be
related in dollars and cents.
Mr. Odio: Under the State law before, you could only charge 10 percent to
Southern Bell. Now, we discover that through the new legislation that there
is in Tallahassee, and real good research on the part of Management and
Budget, by the way, that by going to 7 percent we can go out and charge it to
200 companies which will increase our revenues a million dollars a year
through this utility service, and we need 120 days to notify all the
companies. By the way, the Law Department was deeply involved with Management
and Budget in the research, and I don't want to leave Lucia out of the credit,
but this will increase $1,000,000 a year in this tax.
Mrs. Kennedy: Yeah, but that is ...
Mayor Suarez: Who exactly is ...
Mr. Odio: All the telecommunications companies that will pay for this, where
before only Southern Bell was paying.
Mayor Suarez: Madam Commissioner.
Mrs. Kennedy: That is the annual increase, but how is it going to be
translated into dollars and cents -
Mr. Odio: Well, the translation is a million dollars ...
Mrs. Kennedy: - not to the residents?
Mr. Odio: No, no, no, this is to the companies who are using our ...
Mrs. Kennedy: Oh, Ok. Just a utility tax?
Mr. Odio: Yes.
Mr. Dawkins: And the company pass it on to the users.
Mayor Suarez: How do we know the company is not just going to pass it on to
the users?
Mr. Plummer: You know damn well they are.
Mr. Odio: They have to.
Mr. Dawkins: That's what they are. You know they are.
Mr. Dawkins: Ok. let me ask a question.
10 February 26, 1987
Mr. Odio: By the way, we did lose about $3,000,000 when the breakup of
AT&T...
Mr. Plummer: We lost more than that.
Mr. Dawkins: Well, we are not penalizing AT&T. We are penalizing the user.
AT&T are the one we should be trying to get.
Mrs. Kennedy: We lost three million in
Mrs. Dougherty: What in fact this is doing is taking a 10 percent that we
were charging before and lowering it to seven, but expanding the number of
companies that are now having to pay it. For example, we never....
Mayor Suarez: Are we including, in effect, Madam City Attorney, some of the
companies that before would have been divisions of AT&T, before the
divestiture?
Mrs. Dougherty: The MCI, all those private telephone companies, the radio
transmissions, all the things that we hadn't been taxing before, so we are
lowering the tax that we were charging before but expanding the base, and that
should bring us a net of a million dollars.
Mr. Odio: Actually, yeah, any user of Southern Bell should receive a cut,
because we are lowering from ten to seven.
Mayor Suarez: Actually, I suppose if we don't do this someone could file suit
for discriminatory treatment for - as far as AT&T and Southern Bell and the
ones on which it does impact.
Mr. Plummer: I don't think that could be the case because that was argued out
in the franchise.
Mr. Dawkins: Madam City Attorney, on page 6 and on page 9, (1) it says that
the amount of public service tax shall be 10 percent exclusive of governmental
charges and taxes. Then we go to (3) on page 9, and it says "This section
shall be up to all bills for electricity" How do we get ... I mean, are you
charging seven and ten or are you charging seven and not ten, or are you
charging ten to somebody and seven to the others?
Mr. Plummer: Seven across the board.
Mrs. Kennedy: Seven instead of ten, right?
Mr. Surana: Commissioner, 7 percent for telecommunication services, but we
still have 10 percent for water services, bottled gas, those things are not
changed.
Mr. Dawkins: Then, where we are charging the 7 percent, these entities were
not taxable under the 10 percent. That's what you're saying?
Mr. Surana: Yes, sir.
Mr. Dawkins: So we are going back and charging them 7 percent?
Mr. Surana: Yes, sir.
Mayor Suarez: When you say telecommunications, you mean, basically, telephone
service.
Mr. Surana: Telephone, beeper, cellular phones.
Mr. Plummer: Data.
Mrs. Kennedy: Ok., I'll second.
Mayor Suarez: We have a motion and a second. Read the Ordinance.
11 February 26, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 55, ARTICLE II, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
PROVIDING NEW DEFINITIONS RELATING TO PUBLIC SERVICE
TAXES ON TELECOMMUNICATIONS SERVICES, LOWERING THE
RATE OF TAX ON TELECOMMUNICATIONS SERVICES TO SEVEN
PERCENT, TAXING ADDITIONAL TELECOMMUNICATIONS
SERVICES; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Item 13. The Commissioner's not here to make his appointment.
Please remind me of that item later, Aurelio.
-----------------------------------------------------------------------------
9. APPOINT VICE MAYOR PLUMMER AS CITY S REPRESENTATIVE TO DADE COUNTY LEAGUE
OF CITIES; APPOINT COMMISSIONER DAWKINS AS ALTERNATE REPRESENTATIVE TO
SAME
------------------------------------------------------------------------------
Mayor Suarez: Item 14.
Mr. Odio: Appointment of two individuals ...
Mayor Suarez: For Dade League of Cities.
Mr. Odio: The nominations should be there from the Mayor, Vice -Mayor or a
Commissioner.
Mayor Suarez: Basically, I have been serving on the Dade County League of
Cities, and not been able to attend the meetings, and would like to have
another Commissioner serve in that capacity.
Mr. Plummer: I'll take it.
Mayor Suarez: Do we have a nomination of Commissioner Plummer?
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
appoint someone ...
Mr. Plummer: ... as an alternate.
Mayor Suarez: As an alternate, right.
Mr. Dawkins: I'll take it.
Any discussion? Do we have to also
Mayor Suarez: Do we have a nomination for Commissioner Dawkins?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll.
12 February 26, 1987
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 87-200
A RESOLUTION APPOINTING VICE -MAYOR J. L. PLUMMER, JR. AS
THE CITY'S REPRESENTATIVE TO THE DADE COUNTY LEAGUE OF
CITIES AND ALSO APPOINTING COMMISSIONER MILLER J. DAWKINS
TO SERVE AS THE CITY'S ALTERNATE REPRESENTATIVE WHO, IN
THE ABSENCE OR INABILITY OF SAID REPRESENTATIVE TO SERVE,
SHALL BE AUTHORIZED TO FULLY REPRESENT THE CITY IN ALL
MATTERS BEFORE SAID BOARD.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
------------------ -----------------------------------------------------------
10. APPOINT RALPH JOHNSON TO THE CODE ENFORCEMENT BOARD
------------------------------------------------------------------------------
Mayor Suarez: Item 15 is one appointment from Commissioner Plummer and one
from Commissioner Carollo.
Mr. Plummer: Who was my appointment on that Board?
UNIDENTIFIED SPEAKER: Ralph Johnson.
Mr. Plummer: I reappoint him.
Mr. Odio: Commissioner Carollo is the other appointment.
Mayor Suarez: Ok. Take a nomination on Commissioner Plummer's appointment.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-201
A RESOLUTION APPOINTING TWO INDIVIDUALS TO THE CITY'S CODE
ENFORCEMENT BOARD, EACH TO SERVE A TERM ENDING FEBRUARY
10, 1990.
(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-
13 February 26, 1987
f
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
11. A- ALLOCATE $25,000 FOR THE BAY OF PIGS VETERANS ASSOCIATION, 2506
BRIGADE INC. (B) URGE STATE LEGISLATURE TO ASSIST BAY OF PIGS VETERANS
ASSOCIATION.
Mayor Suarez: Item 16 was advertised for 9.30 am We'll take it one minute
early and then we'll get back to item 1.
Mr. Odio: That's the Brigade 2506.
Mayor Suarez: I just wanted to say that we have never done that, I think,
been early on an item as late in the agenda as this.
Alfredo Duran, Esq.: That means I have a minute and a half extra, right!
Mayor Suarez: Your time's up!
Mr. Duran: Mr. Mayor, Commissioners, I'm here representing the Bay of Pigs
Veteran Association.
Mrs. Kennedy: Alfredo, please state your name for the record.
Mr. Duran: I'm sorry. Alfredo Duran, Attorney -at -Law ...
Mayor Suarez: Former chairman of the Democratic Party of the State of
Florida.
Mr. Duran: That is correct.
Mayor Suarez: Good to have you.
Mr. Duran: Thank you.
Mrs. Kennedy: It did very well under you.
Mr. Duran: I'm still a Democrat, by the way.
Mr. Plummer: And my opponent in 1971, and a real gentleman.
Mr. Duran: Probably one of the last fun campaigns in this City, JL.
Mayor Suarez: Let the record reflect that, that campaign never took place,
and everything's forgivenl
Mr. Duran: Commissioners and Mr. Mayor, in your Community Development Report
last year, you had an item which was the Bay of Pigs Historical House. In the
description of that project, the City of Miami described it as such: "This
project entails remodeling of the existing house donated to the Association
into an all-purpose building with meeting rooms and historical archives,
facilities for the purpose of preserving that period of Cuban history" (and
may I add, of Miami History) "and heritage relating to the historic Bay of
Pigs invasion of 161. The facility will house cultural and historical
activities and will be an integral part of the heritage of Cuban American
youth." I may add that also it is an integral part of the heritage of the
city of Miami. At that time the City Commission was very generous and awarded
a substantial amount of money for the refurbishing of the house, and the house
is there, and is a very beautiful house, but it is only the shell of a house.
There is nothing going in there except by the love and care of some volunteer
work. It is open, it is preserved. What we want to do is try to make that a
living, working museum, library and historical place where the youth of Miami,
and also tourists, and also where the history of the Bay of Pigs may be told
14 February 26, 1987
in its right context. Right now there is a saying that history is written by
winners. The history of the Bay of Pigs, the history of this area during that
peiiud, is being written now by the Communist dictatorship in Cuba. What the
Bay of Pigs Veterans Association is trying to do is preserve that history and
write the true account of what happened during those years in the history of
the Cuban movement, the Cuban liberation, the Cuban exile and the history of
the city of Miami. There is a proposal that most of you, or all of you know
or have a copy of it, it is a simple proposal to make the museum function. We
are asking for an annual budget of $135,000 which includes two paid positions
to keep the place open, and to maintain the library, maintain the video
displays and maintain a place for research, and for students and universities
and scholars all over the country as to the origin of what that period in the
life and the history of this city and the history of the United States is all
about. We conceive that that could be a tremendous research facility and also
could be a tourist attraction for this City, and we respectfully request of
this Commission that you would look favorably to this petition from the Bay of
Pigs Veterans Association. Thank you.
Mrs. Kennedy: Mr. Mayor, we have a lot of citizens in Miami who fought in the
Brigade, a lot of families who lost brothers and sons, and I think that the
museum rightfully deserves a place in our City. What 1 would like to do, Mr.
Manager, is see if we can instruct Community Development to try to get some
grants, or help you become a nonprofit organization and see if we can help you
in any way. Mr. Manager ...
Mr. Odio: First, I want to say that I met with Representative Mike Abrahams,
who is the Chairman of the Dade County legislative group, and he has made an
appointment for me on Tuesday morning at 9:45 in Tallahassee with Sam Bell,
who is the Chairman of the Finance Committee, and I am assured that we can
obtain funds for this museum from Tallahassee. But I want to make sure I see
it in the line item budget in Tallahassee before I leave there Tuesday, so
that it is not smoke they are getting but money. When I come back Wednesday
morning I want to be assured that we have received those funds. That's one
part of the thing. The other one is that I received a memo from the Mayor,
and we can consider also through community development block grants if there
is any capital improvements in the house, that we can consider that once it
goes through the proper procedures to alleviate them from any expenditures in
the house itself related to capital improvement. And the other item is that
we can provide a full staff person there since it will be an attraction open
to the public for free and which will be attracting tourists and also
community involvement, that we can provide one staff member to report there on
a daily basis to help them out on that too.
Mayor Suarez: That's on the operating aspects of the center. As the
representatives of the group that met with me, as I mentioned to them, and
discussed with Frank and now in a memorandum that I hope you pick up a copy
before you leave, I was suggesting and it is what the City Manager has now
stated that the CDBG (Community Development Block -Grant Monies) can be
properly used for capital improvements, but only for capital improvements.
So, you have to be creative in making sure these things are capital
improvements, and you have to go through the advisory board, that, I think
Orlando may be a member of that advisory board actually, that recommends to
the Commission and the Commission approves it. We are in what twelfth year,
or thirteenth year, Frank? And the approval of those funds and if they're
substantial funds still, will be done typically right around the end of our
fiscal year. So you've got a little time to get your, no, July. We're in the
process right now so it has to be done very quickly. As Commissioner Kennedy
suggested to Alfredo, I think it makes a lot of sense to have a non profit
entity qualified under the tax code.
Mr. Duran: We have a non profit entity which is called Major Carlisle
Foundation, which essentially receives tax-free monies from donations for the
purpose of this, but., and I've also talked with Representative Mike Abrams,
and he has committed to being helpful on this. But from knowing the budgetary
procedure in Tallahassee and so forth, it would not seem very supportive of
this City if we go before the Legislature and there's not at least a "good
faith" or seed money donation from the City Commission that would show support
from the City Commission to this project. And, we would at least...
Mayor Suarez: The problem is timing because we don't decide our CD
allocations until after the Legislature has met, but you can have a resolution
from this Commission to take to the Legislature too.
15 February 26, 1987
f
•
Mr. Duran: Can the Commission see fit to give at least a token seed money
donation to tars project so that the legislators in Tallahassee would see that
there's...
Mr. Plummer: What's a token Alfredo?
Mr. Duran: $25,000
Mr. Plummer: It's a big token.
Mr. Duran: It's a big City.
Mr. Plummer: You told me it was going to be "calito"?
Mrs. Kennedy: Gonna be what?
Mr. Plummer: Mr. Manager, it's up to you.
Mr. Odio: This chair is caliente, also.
Mr. Plummer: Well, that sure is caliente, because you're making $108,000 a
year.
(LAUGHTER)
Mr. Carollo: Let me bite the bullet if I can. I'll make the motion that we
approve the $25,000, but every expenditure has to be approved by the Manager
before it is spent.
Mr. Plummer: Second the motion.
Mayor Suarez: Do you want to build into the motion that it must be a non
profit entity, the recipient of it? 5O1C-3?
Mr. Carollo: Have they become a nonprofit entity?
Mayor Suarez: They've got one, they've got...
Mr. Duran: They have a Major Carlisle Foundation which is a nonprofit entity,
tax exempt also.
Mr. Plummer: Call the roll before we change our minds.
Mayor Suarez: Any further discussion on this item. Are we also building in,
or do you want to make a separate resolution to the State of Florida on a
request for a grant?
Mr. Carollo: Well, we'll make a second resolution for that.
Mr. Duran: Yes, please.
Mayor Suarez: OK, call the roll on this motion.
16 February 26, 1987
0
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-202
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, FOR FINANCIAL ASSISTANCE TO THE BAY OF PIGS
VETERANS ASSOCIATION, 2506 BRIGADE, INC., SAID
ALLOCATION BEING CONDITIONED UPON APPROVAL BY THE CITY
MANAGER OF EVERY EXPENDITURE PRIOR TO SPENDING ANY
AMOUNT OF GRANTED MONIES; A NON PROFIT ENTITY; AND
UPON THE 2506 BRIGADE FACILITIES BEING A COMMUNITY
FACILITY OPEN TO THE PUBLIC; THIS ALLOCATION IS
FURTHER CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84,
DATED JANUARY 24, 1984.
(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.
ABSENT: None.
Mr. Carollo: May I make a second resolution.
Mayor Suarez: Yes, excuse me Commissioner, with the proviso that you've got
to have it open forty hours a week for the general public as stated in your
presentation, and it must be a community facility.
Mr. Carollo: I make a second resolution requesting the State of Florida that
they provide funds for this.
Mrs. Kennedy: Second.
Mr. Plummer: Second.
Mayor Suarez: So moved, seconded, thirded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-203
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
FLORIDA STATE LEGISLATURE TO PROVIDE FINANCIAL
ASSISTANCE TO THE BAY OF PIGS VETERAN'S ASSOCIATION
FOR THE CASA BRIGADA MUSEUM AND LIBRARY; FURTHER
DIRECTING THE CITY CLERK TO FORWARD COPIES OF THIS
RESOLUTION TO THE HEREIN NAMED OFFICIALS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote-
17 February 26, 1987
0
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Cvl,Jrlisbiuiler Rosario Kti.i,Cdy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Carollo: Alfredo, let me say the following: if for any reason, when we
go to the State, if we start running into problems as far as the budget
constraints the State is under, I think one of the options we should
definitely look at is that million -and -a -half dollars that was given to the
San Carlos. I'm not trying to take anything away from the San Carlos, but I
think we could certainly use a portion of that money right here and it would
go to a lot more better use in Miami in the Museum of Brigade 2506, the
Brigade House, than off in Key West where very few people are ever going to
visit San Carlos compared to the Brigade House. So maybe that's one of the
areas we could study if it could be legally done to channel some of those
funds that were approved already for the San Carlos so we could use for the
Brigade House.
Mr. Duran: I agree with you sir. Mr. Mayor, thank you very much.
Commissioners thank you very much. We really appreciate this and I assure you
that this project is a worthwhile project. Thank you very much.
Mayor Suarez: We'll be visiting a lot.
12. AUTHORIZE CITY ATTORNEY TO SETTLE FOR $1,000,000 IN THE ACQUISITION OF
LAND ON EASTERN TERMINUS OF N.E. 70th STREET (SEE LABEL #14).
Mayor Suarez: I want to take Item 17 because I know there's residents from the
Northeast that have been requesting this item and then we'll go back to item 1
and get that over with. Item 17 - personal appearance. They tell me we're
going to hear from Bob Traurig on this. On behalf of the citizens of the
Northeast, remember to give us your name and address if you're being
compensated for your appearance you must register and I presume you're not.
Ms. Elizabeth Chittum: No sir. I'm Elizabeth Chittum; I'm president of the
Bayside Residents Association, and we're bounded on the north by N.E. 72nd
Street, on the south by N.E. 60th Street, on the west by Biscayne Boulevard,
and on the east by the Bay. I also am a member of the board of directors of
the Clipper Condominium, which is the area just abutting our parking spaces
about that same property. There are several of us here who have been working
on this for a couple of years, and you have in your hands an item that someone
had saved from The Miami Herald of the original agreement to purchase the
property in 1958, and the property is completely out of control, and we have
come here asking your help in getting this thing taken care of and the
settlement made. Thank you kindly
Mr. Plummer: Wait, what do you mean totally out of control; it's not being
kept?
Ms. Chittum: I beg your pardon...
Mr. Plummer: When you say the property is totally out of control, do you mean
it's not being maintained or what do you mean by out of control.
Ms. Chittum: It's maintained about twice a year. It looks great this morning
because it was mowed just this, day before yesterday or yesterday.
Mayor Suarez: They were aware of today's hearing probably so they fixed it
up.
Ms. Chittum: I don't know, well, it's something that we keep fighting,
fussing about and also the Clipper keeps, course it's right along our fence,
i6 February 26, 1987
so the people cut the fences and come through into our parking lots. But it's
filthy, there's all kind of things going down, prostitution, drugs, deals
going on, it's really, IJL'JINLJ uri..g, an Cyes�ie, you can just name whatever
vice you want and it's probably taken care of, and we live right there looking
at it. So we see these things and it's 24 hours a day; it isn't something
that just goes on once in a while. Thank you.
Mr. Robert H. Traurig: Mr. Mayor, my name is Robert H. Traurig, 1401 Brickell
Avenue. I want to, on behalf of my clients I want to take responsibility for
the weeds, but not for either the prostitution or the drug trade. The
problem, I think, is very clear. Two years ago we were in front of this
Commission with regard to this property, and the Commission indicated that it
would be desirable for the community to acquire the property, and it's been a
two-year process of discussion with regard to the property, the background
being that we had applied for multifamily zoning. There was a very substantial
amount of opposition from the neighborhood, as a result of which the
Commission, by motion, instructed the Manager to start the process. Then
later on by resolution authorized the obtaining of appraisals. The appraisals
were obtained, we felt that the appraisals were grossly inaccurate. We
obtained our appraisal. The City Attorney's office indicated that they
thought our appraisal was inaccurate; the City, I am told now, is in the
process of obtaining another appraisal and we have always said we want to be
cooperative. The problem that Ms. Chittum talked about, and that is that the
weeds have grown up since we last cut them about four or five months ago.
That's something that we should maintain, that we should be aware of, and we
should control over the period of these negotiations, and we are at fault for
not being more aggressive in the weed control and the debris control, etc.
But the delay, as I indicated to you in my letter to you, is because we
thought on a month -by -month basis, that we were in the process of wrapping it
up with the City, so that the City could acquire the property, so we didn't do
anything about it. We will do something about it in the future. As far as
the acquisition, I would like to know from this Commission and from the
Manager's office whether or not we are close to a point where we can resolve
the issue of price.
Mr. Odio: If you pay us what we want we got no problem.
Mrs. Kennedy: What is the difference, Mr. Manager, between the appraisals
and what they're asking for?
Mrs. Dougherty: The City Attorney decided that we needed another appraisal
because we had to consider the Bay bottom areas and the use for a marina, so
that's why she decided that a new appraisal was needed. We are in the process
of doing that now.
Mrs. Dougherty: Yes, the appraisals that the City initially got was
$725,000. Their appraisal was something in the neighborhood of $2 million.
Our appraisal in our view was not sufficient because of the reason that it
gave no consideration whatsoever to the submerged lands. We felt that whether
or not we went and condemned the property or negotiated a buyout, that that is
inadequate because of the fact that we're going to use it for a marina so I
can't very well tell the jury that you shouldn't give this man any value for
the submerged lands and at the same time we're going to use it as a marina
because we're going to use the submerged lands. So, the new appraisals are
going to be due in two weeks and we should have a better report then.
Mr. Traurig: I would just like to let you know, the primary owner of the
property is the state of Marion Sibley. Mr. Sibley, as you know, has died.
He appeared before this Commission over a period of decades as an advocate for
property owners. He acquired the Bay bottom from the State of Florida, from
the Trustees of the Internal Improvement Fund. So he owns the Bay bottom.
It's not just riparian. In supplementing what the City Attorney has indicated
to you, we did say to her office that we would settle at a figure in between
the two figures and we have recently indicated we would reduce it even further
as a gesture of "good faith" in order to get this thing disposed of.
Mr. Plummer: Would you take a million dollars?
Mr. Traurig: We would take a $1.1 million.
Mr. Plummer: Will you take a million dollars?
19 February 26, 1987
Mrs. Kennedy: A million dollars going once.
Mr. Traurig: I don't have authority to accepL a miiiion collars.
Mr. Plummer: Will you take a million dollars?
Mr. Traurig: I would like to return to, if the Commission is saying that
they offer us a million dollars...
Mr. Plummer: We didn't say that...
Mr. Traurig: I will go to my clients and ask them about it. They had
authorized me to settle for a $1.1 million.
Mr. Plummer: Well, I tell you what, you come back, we like even numbers.
Mr. Traurig: A million one is pretty even...
Mr. Plummer: Not in my book.
Mr. Carollo: What were the...
Mayor Suarez: Commissioner Carollo wants to know, do you want to tell us the
appraisals one more time....
Mr. Plummer: I'll make a motion at this point that we...
Mrs. Kennedy: 725...
Mayor Suarez: Wait Commissioner Plummer, Commissioner Carollo wanted a
clarification.
Mr. Plummer: I'm sorry.
Mayor Suarez: What were the appraisals one more time.
Mr. Odio: $725,000 and $2 million, according to them some...
Mr. Traurig: We were at $1.8 million
Mr. Plummer: Mr. Mayor, I make a motion at this time giving the City
Attorney authorization to settle for $1 million.
Mayor Suarez: Wait, do you want any more clarification?
Mr. Carollo: I'll second that for the purpose of discussion. Now, there
were two appraisals that were given?
Mr. Odio: Yes, sir, we had an appraisal made for $725,000
Mr. Carollo: The City had that.
Mr. Odio: ... and they had an appraisal made for over $2 million.
Mr. Carollo: $2 million. Now, is that the way things are usually done in
appraisals; they do one, we do one or do we go out and get both of them?
Mr. Odio: We normally do two appraisers and that's why since we only had
one, we had two, and they both came in about that range, I'm sorry, but what
happened Commissioner, is that we did not properly tell the appraiser what we
were going to use that property for.
Mayor Suarez: I think what he's asking is it proper for us to consider their
appraisal, for example, in conjunction with ours, in settling on a figure.
Mr. Odio: But, I will say this, a million dollars is an acceptable figure,
and that...
Mrs. Kennedy: See, but what I feel, first of all, we're not appraisers here
and secondly, the owner of the property is not here.
Mr. Carollo: How many acres are we talking about there Bob?
20 February 26, 1987
Mr. Traurig: We're talking about a very small amount of upland, but we're
talking, which is only two acres more or less, but we're tai►cing doout eight
plus acres of Bay bottom, contiguous, which the City would acquire for marina
purposes.
Mr. Plummer: Hell of a buy for a million dollars.
Mr. Traurig: So you got an eight -acre parcel plus the upland.
Mayor Suarez: OK, we've got an appraisal from the City in the $725,000 range;
the property owner has an appraisal close to $2 million; the City recognizes
that we didn't take into account some of the value of submerged land, and
we're willing to go to another appraisal in order to be able to advise us on
what is a good settlement figure. In the meantime, we have a motion on...
Mr. Odio: For the record, I need to say this, we did get..
Mr. Carollo: Can you repeat that again Xavier?
Mr. Odio: Commissioner...
Mayor Suarez: Mr. City Manager.
Mr. Odio: The City had two appraisals. The average of the two appraisals was
$687,000, so that's for the record.
Mr. Carollo: We did have two appraisals.
Mr. Odio: I will say and there's came in at $2 million, that we did...
Mr. Carollo: What are we doing then, throwing one of our's away, the lowest
one?
Mrs. Dougherty: To make our offer, we did take the highest one.
Mr. Carollo: Now, is it legally bound to have picked the highest one out of
our two and then take theirs.
Mrs. Dougherty: No, you're not legally bound to do any of it. This is all,
when you make an offer you consider how much it's going to cost you to condemn
because you have to pay the other side's attorneys fees...
Mr. Carollo: That's the point I'm getting to.
Mrs. Dougherty: You have to consider all kind of variables.
Mr. Carollo: That's the point I'm getting to, Lucia, can we legally do it
this way?
Mrs. Dougherty: Yes, yes. We would recommend it. I would recommend it....
Mr. Odio: Commissioner, anther thing...
Mrs. Dougherty: ...giving us authorization, waiting until the second
appraisal, third appraisal comes in, give us authorization based on what that
appraisal is...
Mr. Plummer: Oh they better settle before the second ... we might withdraw it.
Mr. Carollo: I have no further questions right now.
Mr. Odio: Before you vote on it Commissioner Carollo, excuse me, Commissioner
Dawkins I do like to put on the record that once we buy the land, this
association will support the building of a marina there. What I don't want it
to happen that we buy the land so that nothing can happen there, and then they
will not support the permits on the marina, and we'll never be able to build.
Mr. Carollo: I think you're quite right in that. I think that is going to
have to be stipulated and that's buying their property, that a marina will be
built there.
21 February 26, 1987
Mayor Suarez: Do you want to state that in the record?
Mr. W.R. Smith: Yes, Mr. Mayor, my name is W.R. Smith and I'm a oirectui of
Bayside Residents Association...
Mayor Suarez: You're a director?
Mr. Smith: Yes, I'm the treasurer, I'm an officer as well. And, I can safely
speak for all of us in saying that we pledge to cooperate with the City in any
way possible. We will agree to help maintain and beautify the property, OK.
Mayor Suarez: More specifically, is your association on record as supporting
a marina to be built there?
Mr. Smith: Definitely. Definitely, yes.
Mayor Suarez: Was that in a duly constituted meeting and so on with all the
formalities?
Mr. Smith: Yes, sir, that is correct.
Mr. Carollo: The property wouldn't be worth all that much for us to buy it
then if a marina was not going to be built there
Mayor Suarez: We have a motion and a second?
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins?
Mr. Dawkins: Will somebody tell me, or if you can't tell me, find out 'cause
I've heard Mr. Traurig's say three times bay bottom land. Get me a price of
bay bottom land, because it may not be that expensive when it's bay bottom.
Mrs. Kennedy: How many acres are we talking about Bob?
Mr. Dawkins: We're talking about eight acres...
Mr. Traurig: Eight acres.
Mr. Dawkins: See, you're talking about eight acres see, so, when the
appraisal comes - back let them tell me that that bay bottom land is worth X-
dollars, or 2X-dollars, so that I got something to base an argument on.
Mr. Plummer: And I think that what you need to know is that the only value to
it is the upland owner. It's of no value to anyone else.
Mr. Dawkins: That's part of what I'm trying to get at J.L.
Mayor Suarez: Well, you're also implying that we maybe ought to wait for
that appraisal before we build this into the form of a motion. That's up to
this Commission.
Mr. Dawkins: I vote yes.
Mayor Suarez: OK.
Mrs. Kennedy: You vote yes on what?
Mr. Dawkins: Whatever you all
(LAUGHTER)
Mayor Suarez: On the pending motion. You shouldn't have asked that. We have
a pending motion Madam City Clerk, you want to restate it?
Ms. Hirai: Authorizing the City Manager to negotiate for up to $1 million.
Mr. Plummer: No, City Attorney.
Ms. Hirai: City Attorney, I'm sorry.
22 February 26, 1987
Mayor Suarez: For up to $1 million, right, we've got all the things on the
record. OK, does anybody want to build in anything having to do with waiting
for the appraisal to come back or not? You want to proceed on it?
Mr. Plummer: I've got to tell you on the record, I think it's a hell of a buy
at a million dollars. No question in my mind.
Mr. Carollo: Well, wait a minute. We have any other appraisal that's out?
Mrs. Dougherty: We have a third appraisal coming in in two weeks. If we
cancel that we could save ourselves some money too.
Mayor Suarez: That will take into account the Bay bottom value.
Mr. Carollo: Well, I have no problems in cancelling the other appraisal, but
what happens if, for any unforeseen reason, this third, actually fourth,
appraiser, comes down with a super low figure. Then, that's going to make
this body look pretty bad.
Mr. Plummer: Well, isn't it conceivable that there's not going to be a
super low figure. It's going to be above the $700,000 plus for the Bay
bottom.
Mr. Carollo: That could also be the situation, we don't know. Appraisers
differ so much.
Mrs. Dougherty: We will assure ourselves that that isn't the case before we
make this offer.
Mayor Suarez: Thank you. That's what I was hoping, we built that into the
motion and a second. As the Commissioner points out, we could have a low
figure or one very close to the existing appraisal, and here we are on record
as saying we want to support up to $1 million without even waiting for that
new appraisal.
Mr. Odio: I just told him that before we close on the land, he needs to
bring, in writing, from the whole area, that they will support these marina
permits.
Mr. Smith: We can have that in no time.
Mr. Carollo: Mr. Manager, just out of curiosity, how much do you think we
should pay for that land if we would give it to Casino Espanol or the little
Aloha Club?
Mr. Odio: I'm not in the real estate business, you'll have to ask
Commissioner Kennedy.
Mayor Suarez: Call the roll.
Mr. Plummer: Good answer.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-204
A MOTION AUTHORIZING THE CITY ATTORNEY TO SETTLE TO AN
AMOUNT NOT TO EXCEED $1,000,000 IN CONNECTION WITH THE
ACQUISITION OF A PARCEL OF LAND LOCATED ON EASTERN
TERMINUS OF N.E. 70TH STREET.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
23 February 26, 1987
Ll
s
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Mice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
13. BRIEF DISCUSSION REGARDING THE EXHIBITION HALL COMMITTEE AND OLYMPIA
YORK.
Mr. Plummer: Mr. Traurig, while you're standing there, sir, the Mayor as well
as others have asked me why my committee on the exhibition center has not come
to a conclusion. I have informed them that we have been waiting for your
client, Olympia York. First of all, will you tell on the record how many
times I have called you asking for that same answer, and would you give me,
two, on the record, are you going to come forth with Olympia York, or not, and
because they're entitled to answer. And my committee is standing by waiting
only for that presentation
Mayor Suarez: We're considering disbanding the committee, disbanding the
Commissioner and a few other drastic measures because we can't...
Mr. Traurig: Keep the Commissioner, maybe not the committee.
Mr. Carollo: Let's clarify this, I know some would like to, but it's another
thing if they will be able to.
Mr. Traurig: I think the Commissioner performs well. In answer to your
question, he's called me many times. Number two, I was going to tell you
today, that the day before yesterday I received the video tape with
instructions to meet with each Commissioner individually to display the tape,
because we don't have a question of Sunshine violations; and I was going to
begin to schedule a series of meetings to show the tape to you, and I don't
want to discuss the contents of the tape or the objectives of the tape,
because I don't think that it's appropriate at this time. The tape is not an
offer, the tape is merely a concept.
Mr. Plummer: Can I schedule a meeting of the exhibition hall within the next
two weeks for that presentation?
Mr. Traurig: No, sir. I would like very much for purposes of protocol to
meet with each member of the Commission before I let others see the tape,
because I think that it's out of respect to the Commission that I ought to do
that. I'm going to be out of the City all next week. Starting the following
week, I would like to show it to you and to your colleagues on the commission,
after which I'm prepared to do the other.
Mr. Plummer: All right, well, Mr. Mayor, you understand the dilemma that the
committee is on.
Mayor Suarez: Yeah, and by the way, as far as protocol, I have no problem
with your going ahead and making that presentation to the Commission, inviting
the Commissioners to be present, which we would be invited anyhow, doing it
collectively by advising the media that you're going to have that.
Mr. Traurig: No, we think that it's
Mayor Suarez: You want to go one by one?
Mr. Traurig: It's important to make a, to do this on a private basis and not
a public showing.
Mayor Suarez: Would you also tell Mr. Henry to return phone calls every once
in a while so that some of us who want to get some information might be able
to have access to him.
24 February 26, 1987
,m
14. CONTINUED DISCUSSION OF ACQUISITION OF LAND ON EASTERN TERMINUS OF N.E.
70TH STREET (see Label #12)
Mr. Traurig: Mr. Henry did not return your phone call? I will speak to him
today. Thank you very much, I would like to say one other thing with regard
to the 71st Street, 69th Street property. I don't want our silence here with
regard to the million dollars to be interpreted as acquiescence. I know that
the million dollars is not the price that they have set on it for negotiation
purposes, that a million one is, but I will go back to them with your $1
million proposal.
Mr. Plummer: And how about an assurance from you that until that is
negotiated, that that lot will be cleared on a monthly basis?
Mr. Traurig: That's a personal commitment from me.
Mr. Plummer: Thank you.
Mr. Traurig: Thank you.
Mr. Plummer: They have a presentation. He's going to take it around to each
one of the Commissioners.
15. ESTABLISH $25,000 REWARD FOR INFORMATION LEADING TO ARREST OF RAPIST OF A
YOUNG STUDENT AT THE CORAL WAY ELEMENTARY SCHOOL.
Mr. Plummer: While we're waiting, Madam City Attorney, I would like to bring
up this afternoon, we've all been read in the paper of the very hideous crime
that took place yesterday at Coral Way Elementary. I know in the past we have
offered a reward for the hopefully, conviction of the offender. Is it still
within our purview of this Commission, to offer a cash reward...
Mr. Carollo: It certainly is...
Mr. Plummer: ...leading to the arrest and conviction of that situation? Can
we do that Madam City Attorney?
Mr. Carollo: I'll tell you what we've done in the past...
Mrs. Dougherty: Yes sir.
Mr. Plummer: Mr. Mayor, I tell you, it's close to all of our homes at Coral
Way Elementary. I would like at this particular time to make a motion that
this City Commission establish, as we have set a precedent in the past,
offering a $25,000 reward leading to the arrest and conviction of the
perpetrator of that hideous crime yesterday. And, as I recall Madam City
Attorney, we have to put a time limit on that, and it could be renewed if
necessary, so I would put a time limit of one year.
Mr. Carollo: Second.
Mayor Suarez: That's it, $25,000 reward for information leading to the arrest
and conviction of the individual...
Mr. Plummer: Yes, and I so move.
Mayor Suarez: So moved and seconded. Any discussion? What was the period of
time that you were going to put on it?
Mr. Plummer: We have to put a period because it has to be brought in one
year, which could be renewed if necessary.
Mayor Suarez: Call the roll.
25 February 26, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-205
A MOTION OF THE CITY OF MIAMI COMMISSION ESTABLISHING
A $25,000 REWARD, FOR THE PERIOD OF ONE YEAR, FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION OF
THE PERPETRATOR OF A VICIOUS CRIME INVOLVING A YOUNG
STUDENT AT THE CORAL WAY ELEMENTARY SCHOOL.
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.
Mr. Dawkins: Since we're doing that, we may as well go whole hog. I've been
saying ever since I've been here almost, the City of Miami has police and the
Dade County School Board also has a police force, and I don't know why when
these schools are letting, beginning and the youngsters are going to school
and when they're going home, why we don't coordinate our efforts a little
better and let's have a little more surveillance and see if we can't prevent
this instead of our going after the culprit after it happens J.L.
Mr. Plummer: I agree.
Mr. Dawkins: Mr. Manager, will you get with, have the Chief meet with the
security agent at the School Board and see how we can coordinate our efforts
to have a little more visibility and surveillance at these schools during the
time when these youngsters are passing back and forth between, to school and
from school.
NOTE FOR THE RECORD:
Mrs. Dougherty: Mr. Mayor, the lawyer in Item 18 has asked that this be
continued to your next meeting.
16. URGE U.S. SENATE AND U.S. HOUSE TO ESTABLISH CENTER FOR ASSISTANCE
RELATING TO DONATIONS OF HUMAN ORGANS.
Mrs. Kennedy: Mr. Mayor, may I have the floor for...
Mayor Suarez: Yes, Madam City Commissioner...
Mrs. Kennedy:.....a moment? I'm sure everyone here is aware of the plight of
Ronnie DeSillers and Lucinda Brown. These two children needed organ
transplants and their parents were not able to afford them. As a parent, I
know how I would feel if my child had a problem similar to that and I couldn't
do it, and I think that it is sinful that in a country such as ours, the life
of these children depends on hard, cold cash. While I realize that small
cities don't have the funds to pay for these, I think it is incumbent upon the
Federal government to help us, so I'm offering this resolution to the United
States Senate and the House which reads:
NOTE FOR THE RECORD: AT THIS POINT, COMMISSIONER KENNEDY READ INTO THE RECORD
THE CONTENTS OF PROPOSED RESOLUTION NO. 87-206 WHICH IS WRITTEN BELOW IN THE
CONTENTS OF THE VOTED ON RESOLUTION.
Mrs. Kennedy: And I so move.
26 February 26, 1987
Mr. Dawkins: I second.
Mayor Suarez: So moved, seconded, thirded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-206
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
U.S. SENATE AND U.S. HOUSE OF REPRESENTATIVES TO ENACT
LEGISLATION ESTABLISHING AND FUNDING A NATIONAL CENTER
NOT ONLY TO PROVIDE AND COORDINATE INFORMATION
RELATING TO THE NEEDS OF ALL RECIPIENT PATIENTS AND
THE AVAILABILITY OF DONORS OF HUMAN ORGANS FOR
TRANSPLANT, BUT ALSO TO ASSIST FINANCIALLY IN THE
ACTUAL PROCESS OF PROCURING AND TRANSPLANTING SAID
ORGANS FOR RECIPIENT CHILD PATIENTS; FURTHER DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE HEREIN DESIGNATED OFFICIALS.
(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 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: You've got the signed resolution already. Please don't come
back in a few days and ask me for another signed resolution.
17. DISCUSSION AND TEMPORARY DEFERRAL OF ACCEPTANCE OF BID OF INTERAMERICAN
CAR RENTAL FOR 60 VEHICLES ON MONTHLY RENTAL BASIS FOR POLICE DEPARTMENT
(see label #20)
Mayor Suarez: Item 1. We finally get back to you.
Mr. Odio: I'd like to put on the record before we start, I might save a lot
of discussion here. The Legal department has issued a response to a question
whether this bid was in order, and the conclusion was that Atlas' response to
Bid No. 87-87-039 was non -responsive and properly disqualified for the reason
discussed.
Mayor Suarez: Which one was that Mr. City Manager?
a Mr. Odio: That is the company that is here, No. 1. And the R.F.P. No. 86-87-
039 was not exclusionary nor restrictive, but merely contained reasonable,
detailed plans and specifications as required by law. In other words, I don't
believe we can even discuss their bid since it was non -responsive.
Mr. Neisen Kasdin: Mayor Suarez, I'd like to address that issue if I may. My
name is Neisen Kasdin of Giller & Kasdin, 975 - 41st Street, Miami Beach. I
represent A. Atlas Rent -a -Car and we are here today with the Vice President of
A. Atlas, Ralph Mizrotti.
Mayor Suarez: You filed your registration form just to be sure with the City?
27 February 26, 1987
Mr. Kasdin: Yeah, well, I will do it this morning. I have not done it as of
this moment your Honor.
Mayor Suarez: For your protection, we ask you to hold your presentation until
you've done it, but it's up to you.
Mr. Kasdin: I was just presented with the form this morning and I will do it
this morning as soon as I'm finished with this.
Mr. Dawkins: That's not the law, he's got to go do it now.
Mr. Kasdin: In any event, if I may...
Mr. Dawkins: No, you have to do it now!
Mayor Suarez: You should do it before your presentation; we'll take you up
in a few minutes.
Mr. Dawkins: We have not let anybody...
Mayor Suarez: It's not a lengthy form.
18. CONTINUATION OF DISCUSSION REGARDING ALLEGATIONS OF DISCRIMINATION IN THE
CITY FIRE DEPARTMENT TO MARCH 13th
Mrs. Kennedy: Mr. Mayor, let me ask something. Commissioner Dawkins has put
something, had sent us a memo that we were going to hear the firefighters. I
understand that we're not going to do it, but that yet there are a lot of
firefighters in the audience. Commissioner Dawkins, are we going to do it
or...
Mayor Suarez: Some fire fighters have said they don't intend to be here and
are not ready to make their presentations, but that doesn't mean that some
other ones may not. Commissioner Dawkins....
Mr. Dawkins: Commissioner Kennedy, the fire fighters came to me also and
said that they are not ready. My concern is not with them. My concern is
that I feel it is time to establish a independent review board, and I don't
think things will be any worse or any better if we wait until the next
meeting. In fact, it will give me time to attempt to identify those
individuals, it will give us all time to identify individuals who we may ask
to serve on a review board. So I have no problem with, but I do take
exception to being told by the firefighters that they did not know that this
was going to be held this meeting, when I specifically said at the end of the
next meeting, last meeting, that this would be continued at the next meeting.
But I have no problems because they say that their representative is in
Washington, so I have no problems Commissioner Kennedy if we continue it until
the next meeting, and everybody ought to know it is the next meeting.
Mayor Suarez: And that's the regularly scheduled agenda meeting. It will be
the first one in March which I think is the 13th, so there's no confusion this
time, I don't think it was very confusing last time either but just in case,
OK.
Mr. Plummer: So that's the 6 o'clock hearing has been transferred to the
13th.
Mr. Dawkins: Yes Commissioner Plummer.
Mr. Plummer: Thank God.
Mayor Suarez: Item 20.
Mr. Dawkins: No, item 1.
Mayor Suarez: Are you ready on item 1 sir? Back to item 1, then item 20.
28 February 26, 1987
i
i
19. DISCUSSION EGARuii:G = VIZCAYA HETRORAIL PEDESTRIAN OVERPASS.
Mr. Plummer: Mr. Mayor, while we're waiting for the person, Mr. Manager, I
sent you a memo. It should have been sent by the Mayor because it's more
affecting his house than it is mine or our area. I have received complaints
from people that are living in the 31st, 32nd Road. The problem seems to be
that there is a lot of illicit activity that goes on with the pedestrian
bridge from the Metrorail after the Metro station rapid transit closes. I
would encourage the Manager to get in touch with Metro to say to Metro, when
you close the Metrorail station that you have some mechanism for closing that
pedestrian overpass, because it is creating a lot of problems in that
particular area, so I urge you please to send a letter and send a copy of it
to us, the Commission, because I am sure that others are getting calls on it.
Mr. Odio: When I receive that I will check with them and see if they can put
a gate that can be locked as soon as they lock Metrorail.
Mr. Plummer: Yeah, it is most imperative.
Mayor Suarez: Item 1. We'll go to 2Oth after that.
20. THROW OUT BIDS OF 60 RENTAL VEHICLES FOR POLICE DEPARTMENT (See label
4117 )
Mr. Neisen Kasdin: Thank you Mayor Suarez and members of the Commission. As I
mentioned before, I represent A. Atlas Rent-A-Car. They were the low bidder
on Bid N. 86-87-039. In fact, they were $48 lower than the bid that was
recommended by the City staff. I'd like to address four brief points and I
would ask in conclusion that the bid either be awarded to my client or that
this matter be rebid. Number 1, in a memo from Chief Dickson to the head of
procurement, my client's bid was deemed non -responsive because he failed to
list different vehicle product types. Now, as you're aware this is for
surveillance vehicles for the Police Department, this bid. What did the bid
however say. The bid was not specific at all with regard to different vehicle
product types. In fact, the language different vehicle product types is not
even mentioned in the bid. What the bid did say is that sixty cars were
requested; there was no breakdown as to how many of any particular type of car
was required. The only thing that the bid document itself gave was a list of
certain acceptable model types, but it did not say that the cars must be those
model types and I would point out I don't think any bid gave exactly the model
types which were recommended, which were listed in the City's bid documents.
What was the response from my client? He gave ten different model types, so I
think on its face his response, his bid, was responsive. The bid asked for a
quantity of sixty cars, did not specify that they be different manufacturer,
did not specify anything. They gave examples of other cars to use, of cars
that would qualify and my client responded by giving ten different models.
I'd like to go beyond that point and state that there was, and that was the
only reason stated in Chief Dickson's memo, that different vehicle product
types were not identified. We say they were identif ied, we say the bid did
not in any way indicate that my client's proposal was non -responsive.
Mrs. Kennedy: In our backup material I'm reading, it says, "for furnishing
approximately sixty full- size automobiles." Is that what you mean?
Mr. Kasdin: Yes, Commissioner Kennedy. In fact, I must point out and I will
refer to a memo in the City Attorney's office that the language in the bid is
incorrect because the full-size automobiles that were given as examples in the
bid documents are, in fact, not full-size automobiles. The 1987 E.P.A. Guide
which identifies the sizing of particular models, I believe, indicates that
every single model indicated on the bid sheet that was produced by the City is
not a full-size car. They are intermediate cars or compact cars. So, at a
minimum, the bid itself was confusing. And that was my second point, that
there were problems in the bid. A memo from Rafael Suarez -Rivas on February
20, 1987, Mr. Suarez -Rivas mentioned that the bid language is technically
29 February 26, 1987
inaccurate, and that is getting to the point that I just mentioned. Because
the bid states that the cars are full-size, but the E.P.A. Guide shows that
the cars ident.,..au _wt�auples in Lit.: bia are intermediate or compact. So,
at best, in terms of the City's perspective, the bid was confusing. Now I
also refer to the County General Service Administration's bid proposals. No,
only in the sense that, that bid which my client's company was the winning
bidder on, broke down that they wanted, as a for instance, station wagons,
eight passenger seating, station wagon mid -size, six passenger seating, mid-
size sedan, four door. In other words, the County bid was specific as to what
kinds of models they wanted, and I think it was an easy and clear bid to
understand. There was no breakdown in that regard on the City's bid
documents. Now one other item was mentioned in a memo from the City
Attorney's office, and that was that different manufacturer types were not
specified by my client. I would point out that the bid did not ask for
different manufacturer types. The only thing that it meant talked of was in
terms of models, and how you can construe the language of the bid to be asking
for different manufacturer types I think is taking it a long way in the
construction of the English language. Beyond that, Chief Dickson did not cite
in his memo as to why the bid was not responsive, that he wanted different
manufacturer types. That is something that has only come to light within the
last few days. So I would say that isn't even a reason why the bid was
rejected. That is an ex -post facto fact that is now being dug up to try to
discredit the bid. Very simply, what we would request is the following.
Number one, we want to save the City money. Our bid, on an annual basis, will
save the City over $36,000. It is far and away the lowest bid of all that
were submitted, and my client is fully qualified in all other respects. I
think this has been reviewed by the Purchasing Department, he has an office,
in fact, in Miami to service the vehicles as well as offices throughout the
area. What we would like the City to, and his bid price was $48.00 a month
per vehicle less than the recommended party for the contract. What we would
ask for is one of two things. Either a) that the bid be awarded to my client
since he was the lowest bidder, and since he clearly had a responsive bid, and
if it was not responsive it was only because the bid proposal itself is
extraordinarily and extremely vague and the City Attorney's office has
recognized technical problems with the bid, or b) we would ask that this
matter be re -bid, so that he can give specific numbers and types of a variety
of models and manufacturers if that is in fact what the City wants, and we
would request your consideration in this matter. Thank you.
Mr. Plummer: What does the City Attorney recommend?
Mrs. Dougherty: We agree with the Purchasing Department. The memo that he's
referring to says, that these are not full-size vehicles, but rather
intermediate vehicles. This is a technical fallacy, but not enough to avoid
the bid. The "reasonable, prudent man standard dictates that small, compact
cars listed by A. Atlas are not full-size cars which is required by us.
Mrs. Kennedy: Then the question I guess I have is why does it have to be a
full-size car if with a compact or a subcompact you're going to save more
money?
Mrs. Dougherty: That's not for me to answer.
Mr. Odio: For what they're doing they need the full size vehicles as I
understand...
Mr. Plummer: But, you know that's funny, Cesar, because they're not using
full size vehicles now. They're using Firebirds, they're using Trans Ams.
These are not full size cars.
Mrs. Kennedy: Yeah, now why the change?
Mr. Odio: The Firebird?-I don't know, I don't know.
Mr. Plummer: I'm asking, I think Commissioner Kennedy has asked a reasonable
question?
Mr. Odio: That's a good question, but I don't...
Mr. Plummer: They don't ever to my knowledge transport in these cars which
would be the main reason in my estimation for the full size.
30 February 26, 1987
Mr. Odio: They're doing some other type of work they need the Cadillacs, the
Lincolns and T-Bird...
Mr. Plummer: Well, I can't argue with that
Mrs. Dougherty: They did consider full-size as being T-Bird, Mustang,
Taurus...
Mrs. Kennedy: I'm sorry, I couldn't hear you.
Mrs. Dougherty: The bid itself recognized that a full-size would include a
T-Bird, Mustang, Taurus, Laser, New Yorker, Pontiac, Camaro, Monte Carlo, they
listed those as being full sized.
Mayor Suarez: What was the closest equivalent to a full size car that you
proposed in your bid?
Mr. Kasdin: First of all, the models indicated here by the City in its own
bid are not full-size. According to the EPA Guide, they are intermediates or
they are compacts.
Mayor Suarez: What was the closest thing that you presented or proposed as a
full size car? - or a family, whatever the definition was in the...
Mr. Plummer: Of the 10 models that you proffer?
Mayor Suarez:... because it sounds like everything you proposed was clearly not
"family" size, whatever that means.
Mr. Kasdin: The Dodge 600 is a full six -passenger car...and the Dynasty.
Mayor Suarez: I think there was an implication in there full size or family
size car, whatever, that the engine also would be up to par. It sounds to me
like the Dodge 600 is not...
Mr. Kasdin: It is, well it is in
Mayor Suarez: What size engine does that have? Is that a four or six?
Mr. Kasdin: It's a four cylinder.
Mayor Suarez: Well, that's half of what we're thinking about when we think
about a pursuit vehicle to tell you the truth, in terms of the number of
cylinders.
Mr. Kasdin: No, these are for surveillance, not pursuit. May I point out
Mayor Suarez...
Mayor Suarez: You've got to be able to pursue the person you survey.
Mr. Plummer: No, that's not true. I'm sorry, these cars are used for
pursuit in sting operations.
Mr. Kasdin: May I, well it was not identified as such to us, but may I also
point out that the winning bidder has listed essential, all of the cars that
we have identified and virtually all of the cars that the proposed winning
bidder has identified are intermediate or are compact. He has given you very
few cars, a handful at best, that are larger than intermediate or compact, and
he has limited to four I think, the number of luxury cars that he has
indicated.
Mayor Suarez: I'll say one thing, it seems like the specifications were not
as clear as I would have liked them to have been let me tell you, because it
would be no problem saying we would like engine sizes to be the following for
x-number of cars, body sizes to be the following and so on, and be a little
more specific. That is what a specification is for, not to say full-size or
family car, whatever that means.
Mr. Kasdin: And we could indicate the number of doors, and the number of
passengers and it would be very clear and we would be happy to bid under that
procedure. But the models indicated in the City's bid document are mostly
compact and intermediate and mostly four cylinder cars. So, if anything, my
client was put off his guard by the City's own bid document.
31 February 26, 1987
0
Mr. Plummer: Let me ask the administration. Mr. Manager, what company has
the bids now?
Mr. Odio: Right now? Avis.
Mr. Plummer: Avis. Can we extend that bid with them for another sixty days
and rebid this item?
Mr. Odio: I'll have to check on it.
Mr. Dawkins: Uh, question. Mr. Manager, why is it that we are using these
cars and you can't use the confiscated automobiles that you've already got for
drug operations.
Mr. Odio: We use them too.
Mr. Dawkins: Why have we got the lease and we're using those and we still
need to lease this many automobiles? Somethings wrong.
Mr. Plummer: Send us a memo Mr. Manager, telling us how many cars have
actually been confiscated in the last twelve months. I'd like to see that.
Mr. Odio: How many confiscated cars?
Mr. Plummer: How many cars has this City confiscated in the last twelve
months?
Mr. Odio: That's easy, but what I do know Commissioner, they cannot use the
same car repeatedly, that they have to be...
Mr. Dawkins: Well, we're not confiscating the same one repeatedly.
Mr. Odio: No, no, but I mean, they only use one car and then you have to
change it. You can never use it again in the same type of work.
Mr. Dawkins: Now, wait a minute, I can make a bust in Liberty City and come
to Coconut Grove and then I can go to Northeast Miami. I just can't take the
same car maybe back in Liberty City.
Mr. Odio: I can get the Chief to address that question.
Mr. Dawkins: No, no no, we need to bring this to closure now. See, what
you're telling me is that when they bust somebody in Liberty City, they've got
to take that car back, they can't go to Coconut Grove, they can't go to
anywhere else in the City and we've got about five different areas in the City
of Miami. Just don't send that one back to that one area. Let the expert
tell us.
Mr. Odio: Since he's the Florida - by the way, I don't think we have ever
recognized the achievements of Mr. Anderson, who has been elected statewide to
the post of president of the FOP in Florida.
Mayor Suarez: From our own Police Department, elected statewide president of
all the F.O.P.
Chief Dickson: What is the question, why do we...
Mr. Dawkins: The question Chief is, why is it if we use a vehicle and we make
a bust in Liberty City, why is it that that vehicle cannot be sent to Coconut
Grove or to Northeast Miami or to Overtown, why is it you have to pull it out
of service and use another vehicle?
Chief Dickson: The cars are switched around and they are used in various
places Commissioner Dawkins. We do use them in that manner.
Mr. Dawkins: That's what I was hoping Chief. That's the answer. I don't
need any more than that.
Mrs. Kennedy: And why Chief, if we haven't used full size cars are we in the
need for them now?
32 February 26, 1987
Chief Dickson: Why if we have not used full - size cars...
Mrs. Kennedy: Right.
Chief Dickson: Why do we need them now?
Mrs. Kennedy: Why now?
Chief Dickson: Well, we need the flexibility of changing the look of a
vehicle, as well as the look of the undercover officers dealing in drug
investigations, robbery surveillances and other kinds of sensitive undercover
investigations. We need the flexibility to be able to change from a large car
to a small car, from a sports car to a sedan, and that is why only the rental
cars will provide this kind of cover for the undercover police officers, so
the rental vehicles give us the opportunity to change as many times as we need
while working on one surveillance case for instance, or one undercover
operation, we may have to change one car several times, even in one day.
Mr. Plummer: Chief, I don't think that's really the problem here. I think
the problem here is the wording of the bids. The wording of the bids
according to this attorney were not specific as let's say the County bids.
The County put out the same kind of a bid. They said eight station wagons,
eight this, twelve this and this. I don't think we're questioning the safety
factor here as to the clarity of the wording of the bids, so Commissioner
Dawkins rightfully is asking that question about the other side of it, but I
think the real technical question that is being asked here was the clarity of
the bid, as to whether or not it was specific enough to delineate what was
wanted by the City and as such throwing it out on the other side. We're
talking about, according to the attorney, a $36,000 a year difference.
Chief Dickson: Well, the wording of the bid and the contract is sort of a
systematic automatic thing that has been done that way for the last ten
years....
Mr. Plummer: Doesn't make it right.
Chief Dickson: ...since we've been renting cars. It doesn't make it right.
Whatever the legal, whatever legal advice we get as to how to eliminate any
confusion in the bid process or the wording of the bid contract, then we will
get that expertise from the City Attorney and, of course, improve on that
process that's all.
Mr. Plummer: That's what I was questioning. All right, where are we? Madam
City Attorney, OK, you want to hear from the other side? - OK.
Mr. Ainslee Ferdie: Mr. Mayor, Mrs. Commissioner, I'm Ainslee Ferdie. I
represent the American Car. My comment is I think Mayor Suarez hit some of
the differences that are involved here. This company has bid four cylinder
cars; Interamerican's bid includes a mix. It includes fours, sixes, includes
luxury cars, gives the flexibility, after all, you're not bidding for economy
vehicles for the use of general administration as you would on a G.S.A. bid.
This is a bid designed and the bid specifications say that they're to be used
by undercover police who have a responsibility in their job to be able to have
the flexibility to go from one to another. It's clear in the business, in the
rent a car business that there is no confusion, that there was no doubt as to
what the bids were calling for because all the other bidders who bid in the
same fashion that Interamerican did, except for this one bidder here. I
submit to you that without commenting on the City Attorney's position on this,
that the position of the City and the best interest, both of City's law
enforcement and the City's Police Department, is to accept this bid which will
give the Police Department the tools they need in our war on crime.
Mr. Plummer: Sir, that's not the question. The question is in the
competitive bidding process, take the Police Department out of the situation.
It's a legal question in my mind and I'm going to be bound by whatever the
City Attorney tells me. If she tells me that the wording in her estimation
was clear enough and definitive enough, then I'm going to vote for it. As
much as I would like to save $36,000, but I think what we're talking about is
not the safety, not the turnover of the cars, was the wording of the bid
specific enough to outlaw or to turn down the low bid and accept a higher bid,
and I'm going to be bound by that, solely that. The other is not in my
consideration.
33 February 26, 1987
Mr. Kasdin: Mr. Plummer, I just call your attention. I'm a layman, I'm not
an expert either, but just take a look at the specifications. They went to
the point of using the language: 'All vehicles shall be standard, full size
models such as luxury...' And then they go ahead and they illustrate a whole
set of different kinds of vehicles of different makes. Atlas'...
Mr. Plummer: I appreciate your comments, but I'm not going to be bound by
your comments. I'm going to be bound by the City Attorney. Madam City
Attorney, once again I ask you, what is your recommendation.
Mrs. Dougherty: Commissioner, we recognize that there is some ambiguity in
the bid documents, that there could be a clearer delineation of what the City
wanted. However, it's not so much as to not, it's not so bad as to make this
bid so defective that you had to throw it out, so we give you the option of
either throwing it out or accepting the bidder as recommended by the
Purchasing Department.
Mr. Plummer: Sure didn't help me did you.
Mr. Carollo: Can we stipulate for the record who the bidder is, that is
recommended by the Purchasing Department?
Mrs. Dougherty: The one that's recommended by the purchasing department is
Interamerican Car Rental, Inc.
Mr. Plummer: Well, Madam City Attorney, you're not really helping me.
Mrs. Dougherty: I'm saying that it is sufficiently legal so that you can
accept that bid.
Mr. Plummer: But you're also saying legally sufficient that we throw it out.
Mrs. Dougherty: You can if you like. I'm saying that I can support....
Mrs. Kennedy: Either way.
Mrs. Dougherty:.... the Commission going to the next highest bidder. I can
defend that position.
Mr. Carollo: Can we stipulate on the record who the owners are?
Mr. Odio: Excuse me one second. I'd like to propose this, if we can extend
Avis another sixty days...
Mayor Suarez: We also need to know, Commissioner Carollo has requested to
know who the owners of Interamerican are. We're going to need that at some
point. Do you want to complete your statement, Mr. City Manager?
Mr. Carollo: I'd like to have it now if I can.
UNIDENTIFIED SPEAKER: I'd be happy to.
Mayor Suarez: Go ahead and do it on the mike please, on the record.
Unidentified speaker: Mr. Lawrence D. Weilstein is the owner of the stock of
the corporation.
Mr. Carollo: Now, how many locations do you have throughout Dade County?
UNIDENTIFIED SPEAKER: Five in Dade...
Mr. Carollo: How many of those are inside the City of Miami limits?
UNIDENTIFIED SPEAKER: I can't tell you. I don't know if the LeJeune Road
location is in the City of Miami.
Mr. Plummer: Give me the address.
UNIDENTIFIED SPEAKER: 1790 N.W. LeJeune Address. Whether it's in
unincorporated or whether it's in the City limits. I can't tell you off hand.
34 February 26, 1987
Mr. Plummer: It's border.
UNIDENTIFIED SPEAKER: It's on the west side of LeJeune Road, by the airport,
I think it is, but I'm not going to swear to it.
Mr. Plummer: Well, is this gentleman the owner?
UNIDENTIFIED SPEAKER: These are two officers of the corporation. Mr. Joel
Kaufman? Mr. Rick Byrd.
Mr. Plummer: Do you have an occupational license from the City of Miami?
You have an occupational license from the City of Miami. Well, then you're in
the City limits.
Mrs. Kennedy: You are in the City.
Mayor Suarez: What's the Commissioners' pleasure?
Mr. Odio: I'd like to propose that we extend Avis another sixty days since...
Mr. Plummer: So move.
Mr. Odio: I'm not making a motion now.
Mr. Plummer: No, I so move that recommendation, but I assume it goes along
the lines that the rebidding will be more specific and more clear.
Mr. Odio: We will change the language in the bid so that they are
technically clear so that nobody can claim they were confused. So it will be
above any questions.
Mr. Plummer: I so move.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded. That reopens the entire bid?
Mr. Plummer: Well, basically, it throws these out and they rebid.
Mayor Suarez: Now knowing what each other has proposed by way of price and
everything else.
Mr. Plummer: Well, that even gives them a sharper pencil. These people know
that these people are forty-eight less. So, I'm sure that these people are
going to try to be forty-nine less
Mr. Kasdin: If, Mr. Plummer, what the Commission desires is a variety of
vehicles as opposed to the one look Chrysler models; if you're going to put in
your specifications that all the vehicles are going to be of one kind, so the
competition is based on price as opposed to competition based on service and
based upon the other characteristics, that's one thing, but as I understand
this bid and understand the needs of the Miami Police Department, the law
enforcement community, the bid was not based upon price; it was based on
maintenance, variety of vehicles, ability to supply the different looks and
the other items, and that's exactly what those bids are; that's exactly what
our client bid on in this case in order to meet those requirements and in
order to provide the City the proper function.
Mayor Suarez: Any further discussion from the Commission? Call the roll.
35 February 26, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-207
A MOTION ACCEPTING THE RECOMMENDATION FROM THE CITY
MANAGER AND AUTHORIZING THE ADMINISTRATION TO THROW OUT
BIDS RECEIVED IN CONNECTION WITH THE PURCHASE OF 60 FULL
SIZED VEHICLES ON A MONTHLY RENTAL BASIS; FURTHER
AUTHORIZING THE ADMINISTRATION TO EXTEND THE CITY'S
PRESENT CONTRACT WITH AVIS FOR 60 MORE DAYS; AND TO REBID
THIS ITEM MAKING SURE THAT LANGUAGE OF THE BID SPECS WILL
BE AMENDED TO REFLECT A MORE DETAILED DESCRIPTION OF THE
PRODUCT NEEDED.
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.
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: I have to vote "no" on that. Item 20.
Mr. rlummer: What is the recommendation of the administration?
21. APPOINT OSVALDO MORAN-RIBEAUX TO THE ZONING BOARD.
Mr. Carollo: If we could briefly take up item 13.
Mayor Suarez: Yes and 15 also I think is a...
Mr. Carollo: I'd like to reappoint Osvaldo Moran.
Mayor Suarez: We have a motion,
Mr. Plummer: Second.
Mayor Suarez: ...and a second. Any discussion? Call the roll on that
appointment.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-208
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL TO SERVE
AS A MEMBER ON THE ZONING BOARD OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote-
36 February 26, 1987
0
0
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: Do you have any on item 15 Commissioner? That's Code
Enforcement Board. Do you want to table that for the moment?
22. ALLOCATE $2000 FOR THE MINORITY AND WOMEN BUSINESS TRADE FAIR.
Mayor Suarez: Item 20.
Mr. Odio: We again recommend that we do not fund based on the no funding
policy we have.
Mr. Dawkins: Mr. Mayor and fellow Commissioners, I told you this was going
to happen and now I'm going to see if we can't make it happen. I move we
waive the fees for this group just like we waived them for Coconut Grove
Cares.
Mr. Plummer: Seconded for discussion. Who are the Florida Regional Minority
Purchasing Council, Inc.? Who are they?
Mr. Foster: I'm Don Foster. I'm executive director of the Florida Regional
Minority Purchasing Council, Inc. The Florida Regional Minority Purchasing
Council is mandated to assist minority business and women business and doing
business by our by-laws.
Mr. Plummer: Who, your own by-laws?
Mr. Foster: The by-laws of the council.
Mr. Plummer: I'm lost.
Mr. Foster: The Florida Regional Minority Purchasing Council is a member of
the national minority supply and development network.
Mr. Plummer: Are you non-profit?
Mr. Foster: Yes we are a non-profit organization, not for profit.
Mayor Suarez: Go ahead and proceed.
Mr. Foster: Last year we put on a minority business expo at the Coconut Grove
Exhibition Center, and we're asking the City Commission once again to support
us in this effort and to waive the fees for use of the Coconut Grove
Exhibition Center.
Mr. Plummer: There's no fees charged?
Mr. Foster: The fees charged are for booth space rentals by minority
entrepreneurs and major corporations here in South Florida.
Mr. Plummer: And how long does this thing run?
Mr. Foster: It runs one day. Two days actually for the use of facility. The
first day is the set up of the booths, the second day is the trade fair
itself.
Mr. Plummer: How much rentals did you derive last year from the rental of
booths?
37 February 26, 1987
Mr. Foster: Approximately $15,000.
Mr. Plummer: And where did that money go to?
Mr. Foster: It went for the operation of the council; it went for the
directory that we put together, the minority business directory that we put
together; it goes to minority business entrepreneurs and also to corporate
America.
Mr. Plummer: Thank you.
Mr. Plummer: I'm ready to vote.
Mrs. Kennedy: Let me just say for the record that I think it is very
important that the City attract minority and women to do business with the
City, and Mr. Manager, I had asked you for a report on how the City is
complying with the 17 percent for minority contracts and what you're doing
specifically to aid women, to attract them to bid on contracts for the City.
We had talked about this sometime ago and you had mentioned that you would set
up seminars...
Mr. Odio: We have...
Mrs. Kennedy: OK, I just want a report, I need more than...
Mr. Odio: We sent you a report Commissioner on the minority...
Mrs. Kennedy: When did you send me that report?
Mr. Carollo: That's the one you sent to Bill Perry, right..
Mrs. Kennedy: Yeah, but that report, another one you're talking about does
not say what you're saying,
Mr. Carollo: I read that.
Mrs. Kennedy:... what I'm asking for, about how you're aiding the women to come
and do business.
Mr. Carollo: It sounds like Mr. Perry wants to make another run.
Mr. Foster: Commissioner Kennedy, part of the expo and the trade show is a
seminar for one, minority and women business. We have included that as part
of the expo.
Mrs. Kennedy: That is great, but this is something different. I want the
Manager to do it from here.
Mr. Plummer: Call the roll.
Mayor Suarez: Do we have a motion and a second?
Mrs. Kennedy: Yes we do.
Mayor Suarez: Yes we do.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 87-209
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $2000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
TO COVER ALL OR PARTIAL COSTS FOR RENTAL OF THE
COCONUT GROVE EXHIBITION CENTER FOR THE MINORITY AND
WOMEN BUSINESS TRADE FAIR, SPONSORED BY THE FLORIDA
REGIONAL MINORITY PURCHASING COUNCIL, INC., TO BE HELD
APRIL 10, 1987, SUBJECT TO AND CONTINGENT UPON
COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY
BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
38 February 26, 1987
Upon being seconded by Commissioner Plummer, the resolution was passed
r-a ri--��ed 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.
Mr. Dawkins: Now, we're doing this because our minority procurement of women
is working with you. I suggest that next year, now don't come here. You
won't have my vote next year.
Mr. Foster: OK, thank you very much, thank you Commissioner.
Mr. Carollo: Isn't that what you kept telling Elizabeth Virrick the last four
or five.
Mr. Plummer: Yes.
Mr. Carollo: She keeps getting it every year.
23. ABOLISH THE MIAMI MEMORIAL COMMITTEE.
Mayor Suarez: Item 21. Miami Memorial Committee. We didn't get to this in
the last Commission meeting? Is this administration initiated?
Mr. Odio: No, yes, what happened is this committee was established in 1972
and we haven't had a committee since 182 and the members, we kept the same
members on. We need to what your policy is, whether we should keep this
committee and appoint new members or we should just do away with it and you be
the committee.
Mrs. Kennedy: How can you have a committee and not have a meeting since 1982?
Is it because of lack of interest or because they're not...
Mrs. Dougherty: Their terms expired.
Mr. Odio: What we did is we tried to get members appointed and we never could
so they extended the terms of those people that were serving there. I
recommend that you be the memorial committee since you have to make the
decision based on pubic hearings here anyway.
Mayor Suarez: I entertain a motion to that effect.
Mrs. Kennedy: Yes, I'll move that recommendation.
Mr. Dawkins: So move.
Mayor Suarez: Moved and seconded, any discussion? Call the roll. We can
always have an ad hoc committee on any particular issue that we want to have a
committee study further and report back to us on naming monuments or streets
or whatever.
39 February 26, 1987
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-210
A RESOLUTION REPEALING RESOLUTION NO. 77-719, ADOPTED
SEPTEMBER 8, 1977 WHICH ESTABLISHED THE MIAMI MEMORIAL
COMMITTEE.
(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 Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
24. EXTEND TO MARCH 12TH PRESENT NEGOTIATIONS FOR CONSTRUCTION OF THE POLICE
SUBSTATIONS, MAKING STIPULATIONS.
Mayor Suarez: Item 23. Status report on the two substations.
Mr. Carollo: Before we get into the substations I would like to bring up the
mini -station that we opened up in the northeast side of town. I had the
opportunity in the second week the station was open to go into a meeting in
the northeast part of town. As I was passing the station, there were two
distinguished young ladies holding up traffic in front of our police
substation sign. They were supposed to scare away all the prostitutes and all
those drug pushers and everything...
Mrs. Kennedy: What were the police doing?
Mr. Carollo: About half an hour later, I come by. The young ladies at this
point are laughing at the sign. They have quite a line including guys on
motorcycles and everything, I guess getting quotes for the day. Since they
were new in the area, you could tell they were coming from a more affluent
side of town. So finally I had to go to the mini -station, probably the first
person they've had go there for a complaint and point out to (there were three
squad cars parked in the front) the sergeant if he could send one of our
officers and see at least if they could be moved out from our sign. So, so
much for the mini -station scaring away the prostitutes and the drug pushers.
Mr. Plummer: Joe, would you please put on the record that you were there for
investigative purposes.
Mr. Carollo: I do not have the problems that...
Mr. Plummer: ...others (lots of laughter in the background) You did supply a
full report to the Manager's office.
Mr. Carollo: Yes.
Mayor Suarez: How are we doing on the substations, Mr. City Manager?
Mr. Odio: This is an item requested by Commissioner Dawkins. I guess he
wants us to address the Middlebrook issue.
Mr. Plummer: Well, I would hope also that we would address not only that,
but where do we stand in the acquisition of the property in Little Havana.
40 February 26, 1987
Mayor Suarez: Absolutely.
Mr. Plummer: As I remember, we set a drop dead day on that, and that day has
come and gone and I've not heard, I don't know maybe if you have...
Mrs. Kennedy: No, but I was going to bring up also...
Mr. Plummer: ...whether or not anything has been done in that matter.
Mayor Suarez: We had specified a termination date on negotiations as you have
referred to as a drop dead date, which I think is one way to phrase it...
Mr. Plummer: OK
Mr. Dawkins: Yeah, I scheduled this meeting because I'm getting constant
calls as to what's happening -- nothing is happening, and I need to know when
you're going to break ground and what we can expect. Now, it's a known fact
that Howard Gary didn't want this, these two substations, Chief Harms didn't
want these two substations, Chief Dickson does not want these two substations,
but the voters voted for these two substations, and we just seem to be doing
everything to drag our feet, and we talked in terms of creating jobs in Little
Havana and in Liberty City with these, for laborers with these jobs, and we
have yet to break ground. So, I put this on the agenda so that the
administration can tell me what to tell the constituents out there, and as
J.L. said, I am also getting concerned calls about what you're going to do in
Little Havana, when you're going to do it and why. So, if you answer my
question and J.L.'s, I'll be satisfied.
Mr. John Gilchrist: On the north district substation, we've had some
difficulties with the dealings with the architect and getting changes made.
He's now agreed to do those and to come back to us with those changes.
Mayor Suarez: By when John?
Mr. Gilchrist: Next week, and then we need a three-week period to extend the
bids to have those, as an addendum, to have the contractors have the right to
recalculate their bids which would mean we could be here in April for a bid
opening.
Mr. Plummer: Didn't you terminate the architect?
Mr. Gilchrist: We terminated him, but we've...
Mr. Dawkins: Will you put in the record first, before we do anything else,
that the architect was paid $236,000 and you do not have an instrument in your
hand with which to work with. Is that correct?
Mr. Gilchrist: That's correct sir.
Mr. Dawkins: See, I want the public to know this see, because this gentleman
is saying that he's been wronged by the City of Miami.
Mr. Odio: Commissioner, we need to put that on the record.
Mr. Dawkins: We have to put this on the record. This man got paid $236,000
to draw some plans for a substation in Liberty City and he has yet to produce
a working drawing from which we can produce a station. Is that a correct
statement?
Mr. Gilchrist: That is correct. We did not have a building that could be
permitted and the changes are needed to make...
Mr. Dawkins: And in his contract it said that he had to do what?
Mr. Gilchrist: He has to produce a building that meets all approvals and
permitting.
- Mrs. Kennedy: John, is he here? I would like to hear from him.
Mr. Gilchrist: I don't believe he's here.
41 February 26, 1987
Mr. Odio: He's not here, maybe I can brief you.
Mr. Plummer: Le* ne *111 ymv what scares me; what scares me is what are these
changes? - because I have not been shown these changes, and I am going to be
here to my dying day to remind you that you got $5 million, and that $5
million with whatever changes you make, approved or not approved by this
Commission, that is to open the door of that place fully equipped with
everything.
Mr. Dawkins: That's been the problem J.L. The administration has constantly
reminded this gentleman that he had to bring this station in under $5 million
and he's constantly drawing things that exceed $5 million and they go back and
tell him this won't work although he had orders to bring the station in to $5
million.
Mr. Plummer: My concern OK, my concern is....
Mr. Odio: Commissioner, I can answer your concern.
Mr. Plummer:..... that this Commission have not been shown what those changes
are.
Mr. Odio: The changes are not going to add cost to the building. The changes
were necessary so the drawings would pass the South Florida Building Code.
The way he had forgotten to put a staircase for instance, fire exits, those
kind of changes that are required by the South Florida Building Code.
Mr. Plummer: Are we going to see the RFPs before they go out?
Mr. Odio: Yes, sir.
Mr. Plummer: When?
Mr. Gilchrist: Let me try to put that in perspective.
Mr. Plummer: He's talking about having ready to award a bid in April.
Mr. Odio: Commissioner, let me give you the full story because you're picking
up on pieces. We had to go out for bids so we could get a contractor in
place. We could not get drawings from the architect that would pass the South
Florida Building Code. We requested from the architect that he bring in
drawings that meet the Code. He refused to do so. He said he needed to bill
us for more changes. We refused to do that. We told him we already paid you
$236,000; we want our drawings sealed. When you seal your drawings, then we
will pay you the balance which was $5,500 plus some bidding costs which would
amount to $12,500. Once he brings the sealed drawings in, then we go out for
bid and those bids are brought here to you. It will have to be under $5
million. Now, if he doesn't...
Mr. Plummer: Let me tell you something. Well, let me tell you something, I
want it as clear in the English language as you can make it and Spanish if
necessary in big, bold print that under no circumstances is this project to
exceed $5 million totally and equipped.
Mr. Gilchrist: Yes, sir.
Mr. Plummer: Don't tell me yes sir...
Mr. Gilchrist: No, we have had that message from you...
Mr. Plummer: The way the administration in the past has operated you got to
come back for an additional ten percent, you got to come back for an overrun,
you got to come back for desks, you got to come back for chairs, you got to
come back for communications.
Mr. Gilchrist: Sir, we will not, but we have to take the bids from the
contractors to know, if it's over we reject all the bids.
Mr. Plummer: Put it in the original RFP, make it clear that if your bid
exceeds $5 million, you are a non -bidder.
42 February 26, 1987
Mr. Odio: Well, we'll do that, but what we're saying is Commissioner, first
of all we cannot go out for bids. Second of all, we don't know how much we're
going to get the costs f — "^^^^ ^^^'"'^'^"^ "^*i'. they go out for bid.
Since we don't have drawings, we cannot do that. Now, we will..
Mr. Gilchrist: Yes, sir, we will do that.
Mayor Suarez: We understand all that, but he's saying when we do get to that
stage, you want to have the cap clarified to the bidders. Cesar, that's the
only thing he's saying.
Mr. Odio: OK
Mayor Suarez: OK
Mr. Dawkins: Now, what about Little Havana?
Mayor Suarez: I thought there was a drop dead deadline set by this Commission
and as Commissioner Plummer alluded to it. What happened on that John?
Mr. Odio: Can I ask a question before we go on to little.
Mayor Suarez: Did anybody drop dead or...
Mr. Gilchrist: It sounds like Oral Roberts here.
Mr. Odio: I need to get permission from you that if Mr. Middlebrooks does
not deliver like he said next week, sealed drawings, that will pass the Code,
that we can terminate him.
Mr. Plummer: Well, I don't know why...
Mr. Dawkins: Even if he do you got to terminate him.
Mr. Plummer: Why have you got to ask us that?
Mr. Dawkins: Why you got to ask us? - that's your job. You terminate him and
bring him back to us.
Mr. Plummer: How can an architect give us a set of plans that don't even meet
Code.
Mrs. Dougherty: You enter into contracts, you have to fire him.
Mr. Odio: You entered in the contract, not me.
Mr. Dawkins: No, no, no, no. We pay you $100,000....
Mayor Suarez: I think it's a consensus of this Commission.
Mr. Dawkins: ...to terminate him and then come tell us and we tell you OK.
We don't terminate him and then you come and ask us if it's OK.
Mayor Suarez: I think it's a consensus of this Commission that if he doesn't
bring in the drawings next week, you'll terminate.
Mr. Plummer: You know, excuse me, it's ludicrous; it's ludicrous to think
that somebody is going to give us a set of plans that don't meet Code and
we're going to accept them. I mean...
Mr. Odio: It's just a technical question Commissioner because...
Mr. Plummer: Technical, hell! It's $236,000 worth of technical.
Mr. Odio: I wrote him a letter of termination. The Law Department tells me
that only you can do it.
Mrs. Dougherty: What we're asking for is a ratification of whatever decision
he makes.
Mayor Suarez: And he's going to get it.
43 February 26, 1987
Mr. Plummer: Well, you know that's not true. Let's don't throw the "hot
potato." You, by letter, terminated him without asking this Commission, am I
correct?
Mr. Odio: That's correct.
Mr. Plummer: OK, so what are you asking us now to do it for?
Mr. Odio: The Law Department tells me that I needed to get consensus from
you.
Mr. Plummer: Groan...groan...groan. The potato's getting hot.
Mr. Dawkins: No, no, no, you need us to ratify it.
Mayor Suarez: You have that ratification if he doesn't bring in the plans.
Can you tell us about Little Havana, please John.
Mr. Gilchrist: My understanding of Little Havana is we have acquired four out
of twelve parcels of land. We still have three individual land owners that
own the remainder of the parcels, and they are saying that they will not do
that on friendly terms. It has to go to condemnation, and in the process we
cannot determine what the ultimate cost of that will be. We have put the
architects on hold. We stopped them at the end of design development because
we didn't see any reason to proceed with that. We are now beginning a search
for alternative sites, but we do...
Mr. Dawkins: Now, to follow the questioning just like Commissioner Plummer
said. The voters voted $5 million for a substation, OK. Now you got
difficulty over here in Liberty City bringing a station in at $5 million when
you purchased the land for $1.00. Now, how are you bringing a station in
Liberty City for $5 million when you've got to acquire the land in the total
construction.
Mr. Gilchrist: We cannot built the equivalent substation -- we have less
money, which started out that the land acquisition was estimated to be $1
million. It's now estimated to be $2.5 million. Therefore...
Mr. Plummer: Well, but wait a minute,there's another big difference, OK. The
big difference Commissioner Dawkins, to answer your question, is on the
Liberty City site, the parcel is small, it mandates that they have to build a
parking structure. The parcel, as proposed in Little Havana, gives them
almost one hundred, on -site, surface parking and they don't have to build a
very expensive garage. That's the difference. Now, the reason you're hearing
very expensive items in Little Havana substation is because they wanted to
build a parking structure as well which is not needed. Now, that opens two
avenues. (1): acquire less property and go up with the structure as you're
doing in Liberty City or (2) leave it without the parking structure and
acquire the other property. The question I think resolves is this: When you
say that these people want to be taken to Court is, in fact, for the purposes
of tax writeoffs and condemnation and attorneys fees, or are they going to
fight like hell.
Mrs. Dougherty: They get the tax write-offs anyway. All we have to do is
pass a resolution that we're going to acquire and they get that tax benefit,
so I assume that in their mind there is no reason not to get the most they can
by going to court.
Mr. Plummer: They have nothing to lose.
Mrs. Dougherty: Correct.
Mr. Gilchrist: The issue really was with one of the owners who had tenants
who had to be relocated, and while he was in potential agreement for the
taking of his property, he needed the money for relocation and he wanted that
additional money and the Commission turned that down.
Mr. Plummer: Well, I remember the lawyer standing here the other day of one
woman who owned property up north who said we don't even want to talk at all.
Either take us to court or leave us alone. Is that still the attitude?
44 February 26, 1987
Mr. Gilchrist: I wouldn't say that's the attitude there. Ron really has -
and you said up north, I don't know what you're...
Mr. Ron Williams: That was south district.
Mr. Plummer: I'm talking about in the south district. A lawyer representing
a woman with three parcels as I recall, said we don't even want to talk to
you. Take us to court or forget it. Is that not the case?
Mr. Williams: That's essentially where they are
Mr. Plummer: Is it still the case?
Mr. Williams: Since last time we've talked to them, yes.
Mr. Plummer: Have you talked to him since the last hearing.
Mr. Williams: No, we have not.
Mr. Plummer: Why haven't you? We gave you a drop -dead date.
Mayor Suarez: I could have sworn it was thirty days that we gave.
Mr. Plummer: That's your problem. It was January 31st as I recall.
Mr. Williams: No, the one that you're thinking about is the gentleman that
was here...
Mr. Plummer: ...representing the woman...
Mr. Williams ...that we're talking ... no, no, he was here representing
himself.
Mayor Suarez: ...applicable, wait Ron, applicable to all of them, all the
property owners. We said we would give you thirty days. If we don't have
firm offers, then let's go find another site.
Mr. Plummer: But Mr. Mayor, what good if they've not talked to anybody since
the last hearing; that was the reason we gave them a deadline day.
Mrs. Dougherty: Mr. Commissioner, if I recall the last item, there was a
property owner who was standing before you saying, 'condemn us and we agree on
the price'; we came forward and recommended a certain price. You did not
want us to purchase that price because of the lessee in his property. You
then told us don't condemn him or anybody else until you come in with all of
them.
Mayor Suarez: And in that case we told you, tell him that he's got to bring
in his tenant into the negotiations, have him guaranteed in the deal;
otherwise, we don't want to deal with him or anybody else.
Mr. Plummer: We legally couldn't.
Mayor Suarez: That's right.
Mrs. Dougherty: Well we can and we are doing that now.
Mayor Suarez: We put that burden on him and you were supposed to do it within
whatever period of time we specified and otherwise go find some other site.
Mr. Plummer: Yeah, but Mr. Mayor, we are wasting our time if, in fact, at the
last meeting we instructed the administration to go forth and do it, and now
the administration is telling us that there's been no conversation since the
last meeting.
Mayor Suarez: That's right.
Mrs. Dougherty: No, we are negotiating with that property owner who has that
recalcitrant lessee.
Mr. Plummer: Well, if it's not true, then correct your statement.
45 February 26, 1987
Mayor Suarez: Madam City Clerk, would you get me, for the afternoon meeting,
the transcript of what we instructed the administration to do in this regard.
I just want to clarify it, I don't want to put anybody cn the spot, but I
could have sworn that we gave a deadline as Commissioner Plummer has stated,
after which we're suppose to drop all negotiations and go find another site,
which by now could have been identified and be ready to be purchased. I mean,
there's no reason to negotiate with nine different property owners in every
part of Miami. There's a lot of sites that could probably be obtained from
one individual that might reach agreement very quickly after an appraisal.
Mr. Carollo: Can I ask a minor question if I may? What happens after we
build these wonderful substations, where is the money going to come year after
year to pay the salaries and all the support facilities for the police
officers running them? Have we figured that out yet?
Mr. Plummer: About $6 million a year.
Mr. Plummer: Or is this going to be another Metrorail?
Mr. Odio: From each substations -- $6 million.
Mr. Plummer: It's about $6 million
Mr. Odio: Per substation. It would increase the budget of the Police
Department from supposedly to about $85 to $86 million.
Mr. Carollo: Let me even expand that more. Has this City ever even
considered making a ten-year plan of where we're going to be from here ten
years from now, cost factors and everything else that should be included in
that.
Mr. Odio: No, Commissioner, I instructed Management and Budget when I became
City Manager that I wanted number 1) a five-year budget which we never had,
and we have allocation manager, proposing now a ten-year plan, yes. We're
working on that plan and the problem is I'm shorthanded on the five-year
budget, and I would like to hire some outside to do that.
Mr. Carollo: Let me tell you what I'm seeing is going to happen to this
community in the next five to ten years. If we don't do that and start
cutting back, and if the State keeps the limit, which I hope they do, on the
property values or should I say the property taxes, you're going to find that
probably Dade County government and some other municipalities, maybe even us,
are going to be in real trouble.
Mr. Odio: I happen to agree Commissioner that, first of all we are at top of
the millage, as we are, that the revenues are limited, that if the tax rolls
don't increase, as we think they won't, the City of Miami has to keep cutting
back on expenses side, definitely, and if we don't get any help from the
Federal government, which we won't unless there is a change in policies in
Washington, we could be in trouble.
Mr. Carollo: You know, that's not quite fair either. It's easy for the
cities to throw the blame to the Federal government, but those dollars the
Federal government has have to come from somewhere, and they come from us.
Mr. Odio: I'm not blaming the federal government, but we did have $11
million that came from them and...
Mr. Carollo: But, my whole point of these substations is where is the money
going to come in the future to man them. I don't see it there; I see it as a
real problem, as a real burden to this community, and furthermore, if we can't
even keep track of what's happening in our Police Department, and everybody
here knows what I'm talking about, with one station, what the heck's going to
happen when you have two substations and dozens of mini -stations?
Mayor Suarez: On a more immediate issue of the acquisition, John is it clear
that the Commission feels that you have a limited period of time in which to
either fish or cut bait here and just...
Mr. Gilchrist: My understanding of that was continuing and I understood it
differently, sir and I....
46 February 26, 1987
Mr. Odio: Mr. City Manager, what do you propose that we do by way of
instructing you and John and the Department of Development and GSA and
everybody that we want you just to negotiate for a limited period of time and
walk away. Walk away and find another site, maybe one that could be found for
a lot less, maybe a lot smaller to take care of Commissioner Carollo's
concerns about the later operation of this facility.
Mr. Odio: If you want me to cut off negotiations for any more properties, if
you instruct me to do that, I will do that; we are already looking for
alternative sites. We are doing that.
Mayor Suarez: But, you're looking for alternative sites at the same time
you're continuing negotiating with these property...
Mr. Odio: Because we don't have orders to stop negotiations.
Mayor Suarez: I thought we had given you those, but...
Mr. Plummer: Yes, January 31st.
Mr. Odio: No, we've got to get clarification..
Mayor Suarez: What is the Commission's desire on this, do you want to...
Mr. Plummer: Well, as far as I'm concerned, let's give them to the 12th of
March. That's the day before our next meeting and we'll address it at the
next meeting.
Mayor Suarez: Which means if we don't have a final deal by the 12th of March,
we walk away from it.
Mr. Odio: Five.
Mr. Plummer: And I want to see some documentation that some negotiations have
gone on.
Mayor Suarez: Make sure somethings happens between now and March 12th.
Mr. Williams: On all of them Mr. Mayor?
Mayor Suarez: Yeah, the entire site. See, that makes it easier for you.
You're telling them, the Commission says either you accept this or we forget
about you.
Mr. Williams: You're absolutely right Mr. Mayor. We did not understand that
you had given us thirty days.
Mayor Suarez: I forget what the deadline was;
Mr. Plummer: It seems like to me it was January 31st.
Mayor Suarez: I thought there was a deadline and I thought it was about
thirty days. I don't know if we need to take a vote on that. It's fairly
clear...
Mr. Plummer: Well, wait, let's take a vote because, so the people there know
we mean business. I so move.
Mayor Suarez: Moved
Mrs. Kennedy: Second
Mayor Suarez: Second, any discussion? Call the roll.
47 February 26, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-211
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXTEND TO MARCH 12TH THE NEGOTIATIONS PRESENTLY BEING
CONDUCTED IN CONNECTION WITH PROPOSED CONSTRUCTION OF
THE POLICE SUBSTATIONS; FURTHER STIPULATING THAT
UNLESS WE HAVE A FINAL DEAL BY MARCH 12TH BASED ON
TERMS PREVIOUSLY OUTLINED BY THE CITY COMMISSION, ALL
NEGOTIATIONS ARE TO BE IMMEDIATELY TERMINATED.
Upon being seconded by Commissioner Kennedy, 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.
Mr. Plummer: And I wish you to notify my office when those negotiations are
going to take place.
Mr. Gilchrist: Yes, sir.
Mr. Odio: I need to ask a question. The design for the south district was
specifically done for a particular site that will change. The architects are
here and this...
Mr. Plummer: There's nothing to discuss with them if we don't have the
parcel.
Mr. Odio: We paid for those designs.
Mr. Carollo: The price is going to change because they're going to have to
decide something 100 percent different.
Mr. Odio: That's right. That's correct sir. I want to notify you that it
will increase the cost of drawings.
Mr. Carollo: In fact, it's going to be like really starting from scratch.
Mr. Gilchrist: Especially Commissioner, because that site is a triangular
site and you know, it's very unique.
Mayor Suarez: To the architect agreeing that he's going to require a whole
new set of plans and an entirely new cost, but we know that he's going to use
as much of the current plans as possible and only charge us approximately ten
percent in addition to... he's nodding his head so...
Mr. Gilchrist: All the programming stage and the working with the Police
Department on the needs have been accomplished in any case so it's not a total
thing.
Mayor Suarez: That's a good point.
Mr. Gilchrist: I wanted to say one other thing though to Commissioner
Plummer's question is if we acquire this land by condemnation or whatever, the
number has gotten so big that's it's more than just the parking garage gone;
we also have to reduce the building. I didn't want to mislead you.
Mr. Plummer: Well, that's fine, but let me tell you what the voters told us.
Mr. Gilchrist: I understand that and that's....
48 February 26, 1987
Mr. Plummer: $5 million total, tYit's what the voters and that's operational,
so you remember what we were told.
------------------------------------------------------------------------------
25. STRONG OPPOSITION EXPRESSED TO CONSTRUCTION OF ANY INCINERATOR FACILITIES
CLOSE TO CITY LIMITS.
Mayor Suarez: Item 24. Proposed Incinerator
Mr. Sergio Rodriguez: Let me distribute a memo that we just finished this
morning to give you the latest information we've got on this.
Mr. Plummer: Well, Mr. Mayor, let me because it's on a different page, let me
remind you that Item 24 and 25 go hand -in -hand.
Mrs. Kennedy: I had asked also Mr. Mayor that this item be placed on the
agenda because it is my understanding that the Dade County Planning and Zoning
Departments are proposing an incinerator at 2355 N.W. 35th Avenue, which is
approximately 300 feet from the City limits, and I believe that City residents
in the Grapeland Heights area should not be subjected to the possible dangers
by this incinerator so Sergio, if you want to go ahead...
Mr. Rodriguez: I tried to get all the information that I could get until
yesterday afternoon. What happened on this was on December 10, the Metro -Dade
County Zoning Appeals Board approved through an unusual use, which is similar
to a special exception, the location of this incinerator in the address that
you mentioned, 2355 N.W. 35th Avenue. Concerned property owners in the area
are appealing this to the County Commission, to the commissioners and that
will be under the agenda of March 5th. The location is not in the City of
Miami, as you know, it is in Dade County. They have the capacity to burn
about 15 tons of waste per day, and the trucks will have to deliver the waste
from different hospitals throughout Dade County and Florida. The conditions
that the County impose on this briefly, and you have you in your package the
information that we got from them, deal with the location of public water and
sanitary sewer system available there, and the fact that the storm water
runoff had to be retained on the site, that they have to keep a control on the
temperature of at least 850 degrees, that there will be no visible emissions
and no hazardous waste to be accepted, and no nuisance to the surrounding
area, and that they will get all the necessary permits, and one more
condition, which was that the incinerator will have to be inspected by Simons
which is the manufacturer. By way of history on this, first, we don't know
what kind impact this will have on the City. We cannot determine that. We
know that the trucks will be picking up infectious waste and go throughout the
City somehow, to get to the place.
Mayor Suarez: You have made a distinction in terminology here, between
infectious and hazardous waste, I gather, right?
Mr. Rodriguez: Right.
Mayor Suarez: No hazardous waste, but infectious waste would be incinerated
there.
Mr. Rodriguez: Right.
Mayor Suarez: Infectious could be...
Mr. Rodriguez: Infectious could be anything that is taken out from a hospital
that has an infection, and that is eliminated through an incinerator, and
also...
Mayor Suarez: Including body parts, and everything?
Mr. Rodriguez: Including... it could be including body parts, as far as we
know at this point. In addition to that, they also would like to include in
that, in the part of any drugs, confiscated drugs, for disposal in that
facility too.
49 February 26, 1987
s
Mr. Plummer: Well, let me ask you this question. What you are telling me is,
that regardless of where this site is placed, it has got be transported.
Mr. Rodriguez: Right.
Mr. Plummer: OK, so then it could be just as easy transported to the middle
of the Everglades, as it could to this particular site, it is just the
distance involved.
Mr. Dawkins: Why are you always picking on the poor Indians?... because they
can't defend themselves?
Mr. Plummer: Well...
Mr. Rodriguez: It has to be transported somewhere.
Mr. Plummer: Excuse me?
Mr. Rodriguez: You are right, it has to be transported to another place.
Mr. Plummer: So, it has got to be safely transported regardless of where it
is transported.
Mr. Rodriguez: Right.
Mr. Plummer: So, the site doesn't necessarily have to be that close in.
Mr. Rodriguez: Right. As far as...
Mr. Plummer: Well, why are they choosing this? Is this owned by the County?
Mr. Rodriguez: No, this is owned by a new... it is a private outfit called,
Environmental Pollution Control Inc., and they will construct and operate this
incinerator in this location. We have, as you know, some incinerators in the
City of Miami, two of which are in the Jackson Memorial area, and we have one
in Mercy Hospital. We had two that were owned by the City, operated by the
City, that were closed by pressure from Dade County.
Mr. Plummer: Thank God!
Mrs. Kennedy: There was on N. W. 12th Avenue...
Mr. Plummer: 20th Street and 12th Avenue, yes.
Mrs. Kennedy: and 12th Street, right... that was closed because of pollution
and...
Mr. Rodriguez: Right, it is closed, and the one that we have here in Coconut
Grove, that was closed and converted into a training facility. Those two were
closed, but we have at each point...
Mr. Plummer: But they were not for hazardous or infectious.
Mr. Rodriguez: No.
Mr. Plummer: They were just trash and garbage.
Mr. Rodriguez: Right. The one that we have in Jackson Memorial through, is
for pathological waste. They do have that, and the one in Mercy Hospital is
the same type, pathological waste incinerator.
Mr. Plummer: Well, let me ask you this question. Has there been the
determination of need that a third site is necessary?
Mr. Rodriguez: Apparently so, I cannot go into details, so that...
Mr. Plummer: This sounds like it is a private company for profit.
Mr. Rodriguez: Right.
Mrs. Kennedy: It is.
i 50 February 26, 1987
i'
I
Mr. Rodriguez: Right. Now, what we are suggesting, based on what we have
been able to find out until now, is that this is going to be going before the
Board of County Commissioners on March 5th and in addition to any
cu,,o..... e, .Luns that you might want to include, there are four items that I
think should be taken into account. The first one is this. They are
suggesting to the conditions that they have, that the operator, the
manufacturer, which is Simons, will be the ones that will be doing
inspections, and those inspection reports will be submitted to DERM. We
believe that at least, a much safer approach will be for DERM to do
unannounced inspections throughout the year, themselves.
Mr. Plummer: I think you are taking the wrong track. I think the track we
want to propose is that it doesn't be built, period.
Mrs. Kennedy: Right, and we want...
Mr. Rodriguez: That's number one.
Mr. Plummer: Yes, but I wouldn't take any other track. It is not necessary
that that thing be built there.
Mrs. Kennedy: Right, Sergio, what we want to do is...
Mr. Plummer: That is for profit.
Mrs. Kennedy:.....formally go on the record as opposing this incinerator.
Mr. Rodriguez: Now, legally, yes, I guess the question would be, what can you
do to stop it.
Mr. Plummer: We sent you there to appear before that tribunal....
Mrs. Kennedy: The Commission, the County...
Mr. Plummer: ... to tell them that this City is concerned, that it is not
necessary and we don't want that in the areas where it should be. Tell them
to move it to the Everglades!
Mrs. Kennedy: Right, and if you need a motion, I make that in the form of a
motion, that this Commission is opposed to having it...
Mr. Plummer: Tell them to put it along side of wherever they are going to put
that new hospital, that new jail.
Mr. Rodriguez: OK, so the instructions that you have is that you don't want
the incinerator located in Dade County, close to the City, any location they
are proposing.
Mr. Dawkins: No, we don't want it near the City, period.
Mrs. Kennedy: Exactly!
Mayor Suarez: So moved and seconded. Any further discussion? Call the
roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-212
A RESOLUTION EXPRESSING STRONG OPPOSITION TO THE
CONSTRUCTION OF ANY INCINERATOR FACILITIES IN CLOSE
PROXIMITY TO THE CORPORATE LIMITS OF THE CITY OF
MIAMI, AND INSTRUCTING THE PLANNING DIRECTOR TO APPEAR
BEFORE THE METROPOLITAN DADE COUNTY BOARD OF COUNTY
COMMISSIONERS, AT ITS MARCH 5, 1987 MEETING TO PROTEST
THE INSTALLATION OF A PATHOLOGICAL WASTE INCINERATOR
AT 2355 NW 35 AVENUE (AS MAPPED)
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
51 February 26, 1987
Upon being seconded by Commissioner Dawkins, 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.
26. ORDER INVESTIGATION OF ALLEGATIONS OF DISCRIMINATION BY THE LINBECK
COMPANY AT MIAMI ARENA CONSTRUCTION SITE.
Mr. Dawkins: Mr. Mayor, can we take 27 now, so we can get to it before lunch,
please?
Mayor Suarez: Yes, Commissioner. Yes - Item 27.
Mr. Dawkins: Mr. Mayor and fellow Commissioners, we have been going through
this ever since we started, and for some reason, the... we have no problems
with the developer, and I would like to go on the record, so the media will
understand that we have no argument at all with the entity that's attempting
to get an N.B.A. team, and the stadium will be ready, and we will see to that.
But we also have to realize that we have people who work in the City of Miami,
pay taxes in the City of Miami, that are not being given a fair shake on this
job. Is there anybody here from Linbeck? (SILENCE) OK, so...
Mayor Suarez: We can still...
Mr. Dawkins: We will; no problem. OK, now, I would like to present to
this... what we have here, to show that these people are not operating in good
faith. Now, we have numerous complaints, and the first one I'd like to take
up is from the carpenters. Will one of the carpenters come up here and tell
us the problem that you've got - alleged improprieties on this job?
Mr. Gustavo M. Figueroa: Good morning, Honorable Mayor...
Mr. Dawkins: And I think, and I want to say now: Linbeck has a right to
request to be here at the next meeting, and we'll come back and go through
this, if we have to.
Mr. Figueroa: Let me distribute this package to you. (PAUSE) Good morning,
my name, for the record, is Gustavo Figueroa; I reside at 231 Northwest 134th
Court, Miami, Florida. I'm Director of Organizing for the State of Florida,
for the Carpenters' Union. Good morning, Honorable Mayor, Honorable
Commissioners, City Manager, ladies and gentlemen. Initially, the primary
reason for the South Florida Carpenters District Council undertaking an
informational campaign against Xavier Structures, Incorporated, which happens
to be a wholly -owned subsidiary of Linbeck Construction, also non -minority, at
the Miami Sports Arena Project, is because of the substandard wages and
substandard benefits - in this case, no benefits being paid or afforded to
employees in the carpentry field. Construction carpenters do not enjoy the
privileges of working regularly, or having the luxury of job security like
other industries. This is so, sometimes, because of the adverse nature of the
construction industry, where factors such as inclement weather conditions,
delays in deliveries of materials, and other legal and economic reasons that
exist. In the process of our labor dispute being taken to the public's
awareness by displayed picket signs at the Miami Sports Arena project, the
community and members of the South Florida Carpenters District Council
discovered the so-called "good faith efforts" to employ local residents, as
follows: (a) no hiring signs at job site trailers and perimeter fence
bordering project; (b) no advertisement through local want ads in local
newspapers or media channels; (c) imported a majority of the carpenter work
force from out of State and areas outside of Dade County; (d) would not use
referral system designated by the Southeast Overtown/Park West Neighborhood
52 February 26, 1987
Jobs Program for several weeks; (e) have not yet hired the first local
Hispanic or non -minority carpenter; (f) locked out prospective applicants from
seeking employment directly; (g) misleading prospective applicants on pay
structure and on the future employment possibilities; (h) evidence of
substandard wages being paid. When the community carpenters seek employment
in the construction industry, it is usually sought through direct hiring
procedures, through labor organizations, through employment agencies,
government agencies, and through local newspapers, radio, and media channels.
The job opportunities available to local carpenters have been denied by the
actions of Xavier Structures, Incorporated.
Mayor Suarez: Let me ask you one question on one of the points that you made,
if I may. Commissioner?
Mr. Dawkins: Go right ahead, Mr. Mayor.
Mr. Figueroa: Yes, sir.
Mayor Suarez: Since the last meeting, where all of these complaints were
aired, did they at least remove the "no hiring" signs?
Mr. Figueroa: No, sir.
Mayor Suarez: Do you know of anyone being hired at the site since that
Commission meeting, even...
Mr. Figueroa: Yes, sir, there has been quite a bit of hiring involved in
there. We consider that the lack of good faith efforts exerted and displayed
by the contractor, which has become a detriment to the residents of this
community, by not supporting the economic base which it was intended to foster
in the first place. We will continue to uphold the standards this community
stands for. I'd like to point out that we've got evidence, we've got
documented pictures regarding the "no hiring" signs - if you'd like to... I'd
like to put that as part of the record, introduce it - that are still
existing.
Mayor Suarez: Do you have those pictures that show all of the out -of -State
plates, tool Are you going to introduce those?
Mr. Dawkins: Can you kind of speed this up, because we're trying...
Mr. Figueroa: Yes, I can, in fact...
Mr. Dawkins: ... I'm trying to get through this by twelve.
Mr. Figueroa: ... inside the package that I, basically, made available to all
of you today, there is a Minority Participation Agreement, and, basically,
where it regards, on pages six through eight, it spells out, basically, the
intent of the City and Decoma, the developer, Miami Sports Exhibition
Authority and its general contractors, in order to seek employment
opportunities, and also the contract portion of the work to be awarded to
minorities in regards to the total contract. That's spelled out specifically
on pages seven, eight, and... you have that before you. It also spells out,
on page eleven, the requirements regarding the work force hiring. We have a
list for you of all the out -of -State tags that have been recorded there in the
initial first couple of weeks that we were out there. The ones with the
asterisks reflect that they're still on the site. We also have the $coward
County and other counties within the State of Florida that are reflected. We
have an observation report that we conducted on February 24th, 1987, of the
work force, from what we can tell, from the employees that were on site that
specific date. We still reflect quite a few from out of State. We have a
reflection of what the breakdown would be, in regards that if the execution
according to the Minority Participation Agreement would be, regarding the
total contracts to be awarded to minorities, prospectively, for $5,683,950.
That would be the goal, to meet 17 percent, in regards to the total contract
price, as it's indicated in the Minority Participation Agreement. We have in
the package several of the press releases we let out in the community;
financial report in regards to... and Secretary of State corporation report
regarding Linbeck and its subsidiaries. We have an affidavit from one of our
employees that was inside the project, and how he was misled and what were
the... you know, exactly what transpired while he was inside the project - the
fact that he was told that he was going to get paid $11, and then when his
53 February 26, 1987
j
paycheck came in, reflected only $10, and then they started playing all sorts
of games with him. And we have several other affidavits, which are not
available right now, that we could possibly submit later on at a future date.
We also have the department ut Labor, since the issue of prevailing wages has
come up several times, regarding that there is no prevailing wage in the State
of Florida: that might reflect to be true, but there is at a county level and
a regional level. And you have enclosed with you the latest Department of
Labor prevailing wage decision, and regarding where the carpenters in the area
should be getting the prevailing wage of $12.40 plus $1.73 for the fringe
benefit packages. You have a couple of the check stubs as documentation, as
proof of what allegations are made. You have a list of a hundred or so more
applicants, that went inside the project, regardless of the "no hiring" signs,
applied for a job - all right? Their names weren't even documented in most of
the cases; were told to come back within a week or two weeks, while some other
applicants that said they were from out of State got hired directly;
immediately, on the following day. You have some other articles regarding...
Mrs. Kennedy: Gus, I also understand that some people from out of State were
paid a higher wage?
Mr. Figueroa: That is correct. According to most of the... they have a
strange operation going there, going on on that particular project right now.
Some days the foremen become carpenters, and they actually work with their
tools, and the ones that are from out of State, most of them, have been
getting anywhere in the range of $15 to $16 dollars, plus their benefits, to,
basically, reside here in Florida while they're on a temporary basis.
Mayor Suarez: Let me get one procedural thing in. Madame City Clerk, would
you prepare a transcript, a full transcript, of his testimony and the
Commission's handling of this issue, so that we can get it to Linbeck, and let
them know just how these allegations are being stated.
Mr. Figueroa: Enclosed you see where AGC... a letter was sent to us in
regards to the association that we negotiate our contracts, requesting a
meeting with Linbeck's officials regarding negotiations of a contract, and the
membership sheet, which includes the Linbeck addresses, from Louisiana and
Houston, Texas, as their main offices, and a letter that I, basically, sent to
Linbeck in regards to negotiations, and turning down their offer. Enclosed
also find a public safety issue, which is one that we've been complaining
about, and we've been lied to time after time, in regards to the fact that
there was going to be four -foot walkways, barricades, erected around the
property, to secure the safety of the public, because we have been
participating from day one, in the middle of North Miami Avenue traffic. And
we had one incident where one of our members got injured out there, and at the
same time we reflected the concern, not only for our members but for the
community, that, basically, is unloading passengers from the bus system right
onto North Miami Avenue. And nobody seems to be concerned enough to require
it, because construction permits have been issued for the erection of this
fence, to block off all public right-of-way. And up to this date, we were
told that there was going to be a... that there had been a permit issued, and
as far as we've researched, there has not been, to this date, one issued. We
are still, now... we now have moved inside the project, within the perimeter
of the property, where the sidewalks are, to safely secure the rights of our
members from the public access. We have a program of why it is important for
officials in supervision - all right? - and management levels, and field
engineers, etc., to push so hard - all right? - in regards to cutting the
budget, staying within the budget - right? - and affecting the work force, the
average Joe out there - all right? - who has to go to work for a living and
has to pay taxes in this community, and why it's important for these
supervisors to keep their wages low. They've got a 25 percent incentive as a
bonus, to keep... you know, to keep the project within budget, and any
additional savings that they make. You also have a statement, an article...
well, you don't have that in your package; I have an article here which at one
time, before August 4th meeting, they came out in the Miami Herald by writer,
Herald staff writer, Dion Thompson, that they went over to the Overtown's
Advisory Board, and they made promises in regards to the Overtown Advisory
Board, that the percentages were even going to be higher than what they are
reflected in this Minority Participation Agreement. They reflected that there
will be 25 percent Black participation, 25 percent Latin participation, and 17
percent women participation, on this particular project, in order for them to,
basically, reach an agreement with the neighborhood. That agreement is not
being reflected in the Minority Participation Agreement either. Those are my
54 February 26, 1987
comments, for the moment, in regards to the allegations that we are making,
Honorable Mayor and Commissioners.
Mr. Dawkins: OK, thank you. Mr. Benjamin?
Mr. Thomas D. Benjamin: Good afternoon. My name is Thomas Benjamin. I
reside at 18731 Northwest 23rd Court, and I have a business at 1277 Northwest
54th Street. I'm here this morning to protest the disparate and capricious
treatment of the Miamarina plumbing contract. I have documentation here that
I was the low bidder, and most responsive low bidder. On 9/16/86, in their
bid documents, on their form and their letterhead, I bid $710,000 for the
contract. The next bidder was $720,000; you had $723,000, $763,000. In the
bid documents they required a letter of intent from a bonding company, to be
in compliance. I have copies of the letters of intent, which, in form, the
Authority, or Linbeck, says that my bonding company was not acceptable to
them. The specification clearly states that a 100 percent Payment and
Performance Bond - they did not specify a particular company. The same way
that they specified a $5,000,000 umbrella policy for insurance, they could
have done the same thing with the type of bond they want. I don't investigate
bonding companies; I buy bonds. In addition to that, they also said that they
reduced the amount of insurance from a $5,000,000 umbrella policy to a
$2,000,000. If they gave my competitor that opportunity, why not myself? On
9/26/86, they asked for a verbal quote on a possible item that they may
utilize, which is ten days after the written quote. On 10/31/86, they asked
for additional quotes, verbal quotes, which had no specifications or
documentation for it. Now, it's my understanding that this job was bidded
under the Section 212.057, which is the taxation and financing of the Sports
Authority. Also, in their doc... if that be the case, that means there are
public funds involved. If that be also the case, that means that this bid is
also subject to the public rule - public bid opening rule - which states that
you can't alter or change the bid after the fact. My question is...
Mayor Suarez: Let me ask the City Attorney that, if she can answer off the
top of her head: would it be subject to the public bidding rules of the
State, the bidding of subcontractors by Decoma on that site, by virtue of the
involvement of public funds?
Mrs. Dougherty: No.
Mayor Suarez: Why not, if there are public funds being used? He's citing a
section of Florida Statutes - which I'm sure you have memorized.
Mr. Dawkins: The only time that public bidding requirements are required, is
when the public body is actually doing the bidding.
Mayor Suarez: Not when there's use of public funds, as here,...
Mr. Dawkins: No.
Mayor Suarez: ... for approximately 85 percent of the entire budget of the
arena?
Mr. Dawkins: You know,...
Mrs. Dougherty: Not unless you require it in some sort of a contract.
Mayor Suarez: Yeah, we should have.
Mr. Dawkins: Let me say this, though. All right, I have another complaint -
pardon me, Tom - from a structural company, and his complaint is: "(a) sealed
sub -bids will be received by Linbeck Construction Corporation, Miami, Florida;
opening of sub -bids will be private. I feel that the private bid openings is
contrary to law." How can you tell me that you're shooting straight up, when
you have me bid, and you go in behind closed doors, and open the bid, Lucia?
Mayor Suarez: Is it a fair statement, following up on Commissioner Dawkins'
question, to assume that if they refuse to do it openly, that we can almost
have a presumption of bad faith? They specified that they want sealed bids,
And yet they don't want to open them up in public.
Mrs. Dougherty: I'm sorry, I didn't hear the first part.
55 February 26, 1987
Mr. Dawkins: OK, a sealed... now, this is from Heddon Enterprise, Inc., who
is a structural steel company, who bid on the structural steel. One of his
complaints is that Linbeck said they wanted sealed sub -bids. and they would
receive them, OK? But then he said opening of sub -bids woula be private. How
can you ask me to submit a - in good faith - to submit a bid, sealed, and then
tell me you're going behind the doors and open it?
Mrs. Dougherty: Mr. Commissioner, there was an Authority member represented
at all of the openings of the bids.
Mr. Dawkins: All right, you draft in for me, please, legislation to ensure
that in any other bid, anybody bidding on with the City of Miami that... well,
how can we get people in there? That's what I need to know. Because this...
I mean, this gentleman says this; I've got another statement here from another
person that says that they've been done unfairly. Go ahead, Tom.
Mrs. Dougherty: We required it in the contract.
Mr. Dawkins: We required it? That it be an open bid?
Mrs. Dougherty: No, that the...
Mr. Dawkins: Be a sealed bid?
Mrs. Dougherty: In the future, we can require it in the contract.
Mr. Dawkins: OK, OK, thank you.
Mr. Thomas Benjamin: Well, then, my question still is, then, since it's not
under the public bid opening - in the contract here, between Miami Sports and
Exhibition Authority and Linbeck Construction, it states here, in section 8.1,
page 815: "Florida and local laws prevail. This agreement shall be governed
by the laws of the State of Florida," which means you cannot alter the bid
after they are open. Linbeck stated emphatically, I was low bidder, on the
16th. Sixty, 90 days later, somehow or another, I've been disqualified for
various reasons. I have documentation here that I complied with their bid
documents, and I was...
Mayor Suarez: Let me say...
Mr. Thomas Benjamin: ... ten thousand dollars low.
Mayor Suarez: Let me say one thing. Even if it were not illegal, I think it
is a presumption of bad faith on their part, to have changed, verbally, the
sealed bids, and I'm going to act accordingly, for myself, and I believe it
may be the consensus of this Commission. But go ahead.
Mr. Thomas Benjamin: But Mr. Mayor, in addition to that...
Mayor Suarez: Even if it's... well, when it says it's subject to the laws of
the State of Florida - all of our contracts are subject to the laws of the
State of Florida, but as applied to the particular circumstances of this
matter; so, it may not be that... the City Attorney tells us...
Mrs. Dougherty: Mr. Mayor, you should know that we are investigating all of
these allegations at this present time.
Mayor Suarez: OK. Go ahead.
Mr. Thomas Benjamin: I take issue with "allegations" - I'm speaking fact.
What has transpired here has been capricious and disparate. Now, the intent
of the Commission, whether it's implied by the letter or not, we've been had.
On one side we've got the Latins being hung, on this side we've got the
Blacks. Who are we reserving the middle for, another minority? What I'm
saying is, I seek justice here; I seek relief. I have been had. I am the low
bidder. Linbeck has stated that.
(APPLAUSE)
Mayor Suarez: Thank you for your presentation.
56 February 26, 1987
Mr. Dawkins: Mr. Mayor, I'd like to suggest that we have the Law Department
and our representative to the Sports Authority investigate all these
allegations, along with some I will be presenting, and that Linbeck be made
aware of these allegations. And if it's the Commission's will, that Linbeck
report back here on the 31st of March, or April the 9th, whichever this
Commission sees fit, to answer these allegations. I'm going to add another
one before I close it, and that is: I have two paychecks here, from Linbeck,
and I don't know what the Craft Code 150 is, but whatever the Craft Code 150
is, we have where one guy worked 35 hours, and he received $355 for 35 hours.
Well, with a little simple arithmetic, that's $10 an hour. I have another one
here, Craft Code 150, the gentleman worked five hours, and he received $30.
With a little simple arithmetic, five times six is 30. Now, I can't
understand how Linbeck got two crafts which is - whatever 150 is, I don't care
if it's picking up paper...
Mayor Suarez: Is it the same code? You said the same code?
Mr. Dawkins: Sure, um-hmm, same code! See - 150, 35 hours, $355; 150, five
hours, $30. And I'd like... so these are the things...
Mayor Suarez: Let's introduce those into the record, and that they do reflect
the same exact Craft Code under both paychecks - pay stubs.
Mr. Dawkins: And I would like to move that we ask the Manager and everybody,
to investigate this, and have Linbeck back here, and understand... I want
everybody to understand, we've got no quarrels at all with the people trying
to get the franchise for the basketball team. We're going to see that this
stadium is built, even if Linbeck walks off it, I can get enough craft union
men, and non -crafts, to go in and finish it. We don't have no problem with
completing it. We've got enough crafts in the City of Miami to complete an
arena - we don't have to go out of the City of Miami.
(APPLAUSE)
Mayor Suarez: Please.
Mr. Dawkins: So, we don't have any problems with completing the stadium and
have it ready, if the N.B.A. so desires of awarding us a franchise. We'll be
ready. But I think that these are some things that I'm concerned about, and
I'm really concerned, in fact, this whole Commission is concerned, is that if
we don't get a handle on outside laborers taking the money out of the City of
Miami, when we move into Park West/Overtown, local laborers are not going to
be able to work,...
Mayor Suarez: That's right.
Mr. Dawkins: ... because we have not set up any guidelines to ensure that
individuals who bid will get the job. Now, we had one lady who came in and
bid on structural steel, and we asked questions, and the White guy answered
them. She was Black and she was supposed to be the minority person. And
finally we asked one question, he said, "Well, I have to ask my partner," and
we said "Well, why not ask your partner - she's sitting here?" She don't know
no more about structural steel that we do; but because we have not legislated
legislation to ensure that Miller Dawkins, coming in as an electrician, cannot
come in with an electrical contractor, and be the token, and they get away
with the money. So, these are the things that I'm concerned about, and at the
next meeting, on... which date do we want a hearing?
Mayor Suarez: You said the 31st, March 31st, right?
Mr. Dawkins: Thirty-first OK, J.L.?
Mr. Plummer: Well, I think we've also got a discussion on the 13th, don't we,
about the Sports Authority membership in general?
Mr. Dawkins: So, why not do it on the 13th?
Mr. Plummer: Well, if they can have it ready by then.
Mr. Dawkins: OK, OK, well...
Mr. Plummer: At least we can have an update.
57 February 26, 1987
Mayor Suarez: Can the City make a report back to us by the 13th? Will you be
ready? I hope so, because we... the Commission's been getting a heck of a lot
of evidence, and it should have made it a lot easier, and they should be able
to respond to it.
Mr. Dawkins: OK, so moved.
Mayor Suarez: So moved. And seconded?
Mr. Plummer: Yeah.
Mayor Suarez: Any discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-213
A MOTION DIRECTING THE ADMINISTRATION TO INVESTIGATE
ALLEGED DISCRIMINATION PRACTICES BY THE LINBECK
COMPANY DURING CONSTRUCTION OF THE MIAMI ARENA SITE;
FURTHER DIRECTING THE LAW DEPARTMENT AND THE CITY
MANAGER TO MEET WITH REPRESENTATIVES OF THE LINBECK
COMPANY TO MAKE THEM AWARE OF THESE ALLEGATIONS AND TO
REQUEST THAT THEY (LINBECK) APPEAR BEFORE THE CITY
COMMISSION IN ORDER TO RESPOND TO SAID ALLEGATIONS;
FINALLY REQUESTING THE CITY MANAGER TO HAVE A REPORT
READY ON THIS ISSUE FOR THE CITY COMMISSION AT THE
MEETING PRESENTLY SCHEDULED FOR MARCH 13TH.
Upon being seconded by Commissioner Plummer, the motion 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: Would you include the transcript, too, Madame City Clerk, in
the documents. Counselor?
Mr. Dawkins: And you guys get together with the Manager, and find out how
they want to include you in, and get your data. Go ahead, counselor.
Mr. Joseph Kaplan: Yes, very quickly; I'm not going to "gild the lily" in
respect to the arguments already made, but let me just say... my name is
Joseph Kaplan. I represent the Miami Building & Construction Trades Council.
We are completely in accord with the position of the Carpenters' Union, and
Tommy Benjamin, the contractor who bid on the plumbing work. We believe that
there is clear discrimination against the Black contractor on one hand, and
local employees and Hispanic employees on the other hand. In addition, we are
totally opposed to the fact that there is no prevailing wage determination
made on this job. This City must, in the future, address the question of
returning to the issue of a prevailing wage concept on your jobs. The wage
disparity paid is absurd. Also, for the edification of the record, may I
suggest that the documents described as the Miamarina contract, between the
Authority and Decoma, specifically describes, on page eight and nine, that
there's got to be a system for bidding, which is described as both "fair" and
"to the lowest bidder." I make reference to paragraphs (e) and (f) on pages
A-8 and A-9. The bidding procedure must be both...
Mayor Suarez: Those two standards could be enough, as criteria, to determine
that what was done in your case was not proper.
Mr. Kaplan: Clearly, clearly. And we concur, and we would like...
Mayor Suarez: Because it's got to be fair, and to the lowest bidder;...
58 February 26, 1987
Mr. Kaplan: And to the lowest bidder.
Mayor Suarez: ... and you were the lowest bidder, and it's not clear that is
was fair, how you, all of a sudden, were not the lowest bidder after the
verbal changes.
Mr. Kaplan: Thank you.
Mayor Suarez: Thank you, counselor. (APPLAUSE) Quick one?
Mr. James Hayden Johnson, Jr.: I'll do this real quick. My names is James
Hayden Johnson, Jr. I live at 3025 Blaine Street, in Coconut Grove. My
office is at 3244 West Trade, in the Grove. I am a steel erector, and
represent a couple of other steel erection companies. In the... what was
brought up before, Linbeck... this is something, which I think everybody has a
letter, and I've given one to Mr. Dawkins and around, and I'll talk to you,
because you've covered it all. The one thing is that Linbeck did send me back
a letter, and also Helena, which is the steel erector, is owned as a solely -
owned subsidiary of Linbeck, which is complete. So, I'll just stop with that
and won't go into it, except for one item, and this is to do with...
Mayor Suarez: They did admit that themselves, in correspondence, that it was
a solely -owned subsidiary?
Mr. Johnson: Um...
Mr. Dawkins: No, I gave it here.
Mayor Suarez: I know Commissioner Dawkins...
Mr. Johnson (OFF MIKE): Yeah, he has a letter that I got back from them.
Mayor Suarez: OK, very good.
Mr. Johnson: The only other thing is, like, I'm union and I didn't realize
that all of this was happening, but in some of the articles, they were talking
about union people - Helena is also union. So, it's not really the fact that
this is union/nonunion, because...
Mayor Suarez: Right.
Mr. Johnson: ... their own, solely -owned subsidiary, Helena, is an
International... belongs to International.
Mayor Suarez: Let me just hold you on that. Mr. City Manager, for
Overtown/Park West, on future projects, at the very least can we have
clarified, I think, that it's the consensus of this Commission that a
contractor cannot award a bid to a solely -owned subsidiary, unless he has
followed open bidding processes of the City, and make sure we build that into
any future awards of contracts?
Mr. Johnson: We had to supply them our license - like, I have a General
Contractor's license, plus our licenses for the City, to be able to do, and
I'm sure, and I've checked, and Helena and these people do not have the
licenses required, and at bid time you had to have these licenses. And at bid
time, if you were using a minority as part of your participation, which I
would have subbed some work to some locally, you had to have that in there,
which do not exist. And the thing is, when you have union versus nonunion - I
could be anything that I wanted to be; my main reason for being union is
because of the benefit packages, which I had brought up a long time ago when
the Bayside project came up. If they're paying $6 and $10 an hour, and
there's no benefit package, our hospitals are going to be overburdened. Just
the ironwork alone is going to be over 30,000 man-hours of labor. In Jackson
Memorial Hospital, if these people, which they will bring at least 60 percent
of their labor in town, from out of town, and right now the way that the
ironworkers' new contract is, they could conceivably bring in all of their
people from out of town. If this condition happens, and they're paying a
certain wage, our hospitals are going to be burdened with all of this, and
then it's like who's going to cover it, except for the local people, whose
companies have health and welfare programs? And this is, if nothing else,
this is an important part. Thank you.
59 February 26, 1987
Mayor Suarez: Thank you, Mr. Johnson.
Mr. John LAndstrom: Mr. Mayor, Mr. Commissioners,...
Mayor Suarez: Quick one.
Mr. Lindstrom: John Lindstrom, with the... business manager for the Plumbers'
Local. I would ask the Commissioners to go one step further, seeing that
Tommy Benjamin was done wrong on the job, that we hold up Falcon's work on the
job until we can have some kind of investigation. In construction, once you
get on a job site and you start working, it's awful hard to get somebody off
the job. Falcon has not been on the job, has not performed any work, and I
would ask the Commissioners to hold up that work until two weeks, when you
meet again, and you can have an investigation.
Mayor Suarez: Thank you for your statement. (6-SECOND SILENCE) I guess no
one picked up on your suggestion.
Mr. Dawkins: Yeah, but see, all right, I can't be hypocritical. I just said
that I am not going to stop this arena from being built. So, now, if I say
for two weeks we stop the plumbing,...
Mayor Suarez: Sure.
Mr. Dawkins: ... and the guy tells me he can't complete...
Mr. Plummer: Mr. Blaisdell.
Mr. Dawkins: ... the arena, then I... I mean...
Mr. Plummer: Mr. Blaisdell, if we were to do what has been recommended, would
it do serious harm?
Mr. John Blaisdell: Yes, sir.
Mr. Plummer: Thank you.
Mayor Suarez: One other question. There was a suggestion just made
(INAUDIBLE COMMENT OFF MIKE) - wait, wait, John - that in midstream it's
almost impossible to change a subcontractor. Suppose this Commission were to
find that bad faith was... that they approached this in bad faith, the
subcontracting of his particular one, and maybe some others: couldn't we
force them to change subcontractors in midstream? I know that it would be
some disruption, and all that.
Mr. Blaisdell: Legal counsel has advised that if, as a result of the
investigation, we do determine that there was any fraudulent activity, that we
can then... we have certain remedies.
Mr. Plummer: Well,...
Mayor Suarez: You might find us more creative than you're used to seeing
in...
Mr. Lindstrom: OK, but in deference to Mr. Blaisdell, there has been no
plumbing done on job, and it's not in a stage where any plumbing needs to be
done.
Mayor Suarez: Well, so much the better, then; it's easier, then.
Mr. Dawkins: Oh well, that's...
Mayor Suarez: So much the better, then.
Mr. Lindstrom: I mean, but he...
Mr. Plummer: Well, but wait a minute, wait a minute,..
Mr. Lindstrom: But he said it's going to hold the job up, and it will not
hold the job up, and I think some of the people in the industry...
60 February 26, 1987
Mayor Suarez: Well, but we're... see, we're reaching a conclusion on one side
of the argument. We're pretty sure where we're headed, but we need to hear
from Linbeck.
Mr. Plummer: Mr. Blaisdell.
Mr. Blaisdell: Yes, sir.
Mr. Plummer: The Mayor keeps asking what can "we," referring to the
Commission. Do we, the Commission, have any power, or are we at the mercy, as
we have been, of the Sports Authority?
Mr. Blaisdell: In connection with the Minority Participation Agreement,
enforcement of rights, you are a party to the agreement, so your rights and
remedies are exclusive in that agreement. You can enter into arbitration if
you feel that there were bad faith exercised...
Mr. Plummer: We, the Commission?
Mr. Blaisdell: You, the City of Miami, right. That's correct.
Mr. Plummer: OK.
Mr. Blaisdell: Or the Authority, or jointly, or collectively.
Mr. Plummer: All right.
Mr. Blaisdell: Any one party can do it.
Mayor Suarez: OK.
Mr. Dawkins: OK, well, if we enter into arbitration, and it's found that,
"Let them work," and find that they were wrong, can Mr. Benjamin sue for
damages?
Mr. Blaisdell: I don't know what Mr. Benjamin's rights or reliefs may be. I
can tell you that the Minority Participation Agreement indicates that in the
event that an arbitrator rules in our favor, that there... I think... believe
for the first 30 days there is a penalty of $500, and for every day after 30
days there's a penalty of about $1,000 per day.
Mayor Suarez: So we're going to make it painful, if we reach that conclusion.
Mr. Blaisdell: Exactly. And those payments cannot be...
Mr. Dawkins: And so they can stay on the job and work; they just have to pay
Mr. Benjamin $1,000 a day until they complete the job.
Mr. Blaisdell: No, the payment...
Mr. Dawkins: Until they complete the job.
Mr. Blaisdell: Commissioner, the payments are to us, to the party initiating
the action. If the City initiated...
Mr. Dawkins: I have no problem with voting that we give it to Mr. Benjamin,
because he's the one that's been wronged, and not the City of Miami - I don't
have a problem with that.
Mr. Blaisdell: That's your prerogative to do that, sir.
Mr. Dawkins: That's right, OK, no problem.
Mayor Suarez: OK, thank you, John. Item twenty...
Mr. Johnson: Can I just make one other statement? Before this all started,
the Mayor did write a letter, trying to keep Linbeck properly conducting the
bids, because the article which...
Mayor Suarez: Unfortunately, we sent it the day before they opened the...
Mr. Johnson: Right. We sent them... right.
61 February 26, 1987
Mayor Suarez: So, you alerted me almost at the right mo—t, and then
Commissioner Dawkins began all of this investigation, and now we have some
pretty good, hard facts to go on. At the time, it was just the allegation
that they were not going to do it properly. But you're right, we did warn
them with that letter.
Mr. Dawkins: Yes.
Mayor Suarez: Thank you for reminding us.
27. REITERATE TO DADE COUNTY OPPOSITION TO JAIL FACILITIES WITHIN CITY
LIMITS.
Mayor Suarez: Item 25.
UNIDENTIFIED SPEAKER: Mayor Suarez... excuse me.
Mr. Plummer: Item 25, Mr. Mayor, as I understand it, is about the Dade County
Jail, and where we stand with that situation.
Mr. Odio: I can inform you that the lease agreement that we had with the
County expired since 1983. It was never resigned. What I'd like to recommend
is that we negotiate for them to stay there, but that they pay us for the
value, a square footage that we should be getting back for our property, since
it was a temporary measure and we were only getting a $1.00 a year for this.
I feel that we should get what that building is worth.
Mr. Plummer: Well, that was not, I don't think, the intent of this
Commission.
Mr. Odio: The intent was also to use that as a leverage.
Mr. Plummer: Yes, sir.
Mr. Odio: So that they will not build other jails in the area.
Mr. Plummer: Until the other municipalities have picked up their fair share
of the burden.
Mr. Odio: Share... that is correct, correct. So now, the lease has expired,
and it has expired for a long time. They are on 30 days notice. You need to
tell me what, you wish to proceed. I have informed them that we do not want
other jails in this area, in the City of Miami, until the other municipalities
do the same.
Mr. Plummer: I'll move at this time that the Manager be instructed to sit
down and negotiate with the County, with upper most in his mind, that no more
jails will be built here until other municipalities have picked up their fair
share. I so move.
Mr. Dawkins: Second.
Mrs. Kennedy: I second.
Mayor Suarez: Moved and seconded and thirded.
Mrs. Kennedy: OK, under discussion, Mr. Manager, perhaps, you know, you can
negotiate to do it for two... to renew the lease for two years, with the
proviso that Commissioner Plummer has just expressed, and I say two years,
just to throw out a number.
Mr. Odio: Do you wish me to negotiate for the fair value of the lease?
Mr. Plummer: Very definitely.
Mrs. Kennedy: Yes.
62 February 26, 1987
Mr. Odio: OK.
Mr. Dawkins: Under discussion, I have an article out of the Miami Herald.
Mr. Plummer: Out of where?
Mr. Dawkins: The Miami Herald. I have to read it to see what they are saying
about me, otherwise, I wouldn't know, and it says here, "That 95 felons were
freed," OK? This is, again, attempting to wet the appetite of people and get
them excited, but everybody has a right to protest, but us! OK, in the
article it says, "The Doral site means an almost certain legal challenge from
the businesses that have opposed it, which include Doral Country Club, Arvida
Corporation, Deltona Corporation and the Federal Reserve Bank. There might
also be legal action from the State." Now, they talk about the second site.
"The 41st Street site is also stated on land next to an existing state prison,
but to build on the 10 acres requires a wet land permit that must be approved
by four states. The jail also has been turned down by those individuals in
Virginia Gardens." So, you know, it looks like the City of Miami is the only
place that they are determined to take our land, which is a tax base, and put
a non -taxing entity on it, and we have to continue to raise the taxes of the
citizens of Miami to pay for taxes that they took off the property, off their
tax rolls.
Mrs. Dougherty: Mr. Mayor and Commissioners, the communication from the
County indicates that two places in the City of Miami that they intend to put
some additional beds, is the expansion of the men's facility over in the
Government Complex, and also the women's detention center on 14th and 7th
Avenue.
Mr. Dawkins: All right, do they have...
Mrs. Dougherty: We have researched and found that the zoning district, in
which the men's facility is a grandfathered zoning district. In other words,
they have to get a governmental use zoning, and right now it is
office/industrial. So, in order to increase the bed size there, they have to
get a rezoning as well as go in for conditional... a special exception here.
Mr. Plummer: From the City?
Mrs. Dougherty: From the City. They also have to get a special exception from
the City for the Women's Detention Center, so is it appropriate, in your mind,
at this time, to notify them that before they go any further they ought to
consider our zoning?
Mr. Dawkins: By all means.
Mrs. Dougherty: Is that what you...
Mr. Plummer: Oh yes.
Mayor Suarez: Yes.
Mr. Dawkins: Yes, and if they put one in the Government Complex Center, they
would have to put it on land that they are using as parking area, now wouldn't
they not? Mr. Pierce, if they decide to put additional beds at the jail that
they have over there in the Government Complex Center, we would have to put it
on land that they are using as parking now, wouldn't they not?
Mr. Pierce: I believe that is correct. The site that I think you are talking
about is the one immediately west of the court's building, and the existing
jail.
Mr. Dawkins: Is it a parking area now?
Mr. Pierce: It is a parking lot.
Mr. Dawkins: So they would not meet our zoning specifications for parking
because it would be a reduction in the parking, is that right?
Mr. Pierce: I can't swear to that. I can't swear to that, but I'll be glad
to look it up and come back to you with an answer.
63 February 26, 1987
Mr. Dawkins: OK, well all right, we concur, Madam City Attorney. You alert
them that they need to check and be sure they get the zoning, and I would like
permission from this Commission, that the next time I am in Tallahassee, I
make it during the time when the cabinet is meeting, and I'd like to go up
there and let the cabinet know that the City of Miami is saturated with jails
and that they need to go someplace else in the County, so that in the event
that it comes to a pushing match between the County and the City, then the
agency that has got to resolve it is the State, and they should be alerted to
what we are going to do, I think. Does anybody else up here feel that way?
Mr. Plummer: Yes, sir! I will so move that Commissioner Dawkins be
authorized to appear before the Cabinet and bring those facts out.
Mayor Suarez: So moved. Seconded, somebody? Seconded, any further
discussion? Call the roll. We really have like three motions in one. They
all reflect the same thinking.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-214
A MOTION OF THE CITY OF MIAMI COMMISSION INSTRUCTING
THE CITY MANAGER TO SIT DOWN AND NEGOTIATE WITH
REPRESENTATIVES OF METRO DADE COUNTY IN CONNECTION
WITH PROPOSED AGREEMENT FOR USE OF CITY -OWNED LAND TO
CONSTRUCT PROPOSED JAIL FACILITY, MAKING VERY CLEAR TO
METRO DADE COUNTY THAT NO MORE JAIL FACILITIES SHALL
BE BUILT IN THIS CITY UNTIL THE REST OF THE CITIES IN
DADE COUNTY HAVE CONTRIBUTED BY ASSIMILATING THEIR
FAIR SHARE OF SUCH FACILITIES; FURTHER REQUESTING THAT
THE COUNTY COMMISSION BE NOTIFIED THAT BEFORE IT
PROCEEDS ANY FURTHER WITH PROPOSED PLANS FOR
CONSTRUCTION OF SAID FACILITY, THEY SHOULD CONSIDER
AND BE VERY CONSCIOUS OF PRESENT ZONATION OF THE
WOMEN'S DETENTION CENTER AND THE JAIL FACILITY AT THE
CIVIC CENTER SITE; AND FURTHER AUTHORIZING
COMMISSIONER MILLER J. DAWKINS TO APPEAR BEFORE THE
FLORIDA STATE CABINET IN ORDER TO FULLY APPRAISE THEM
IN CONNECTION WITH THIS DISPUTE.
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.
28. BRIEF REPORT BY CITY ATTORNEY REGARDING INCREASE IN MORTGAGE AT BAKEHOUSE
COMPLEX.
Mrs. Dougherty: Mr. Mayor, if I could bring up another item related to the
County. The County Attorney has sent over a release, actually it is a
subordination, a consent to increase the loan for the Bakehouse. They
increased the loan for the Bakehouse, similar to what we did. They now have a
second mortgage, and they want to increase their second mortgage to the
extent of that increase, thereby bringing our third mortgage, which we
existingly have, it would be subordinate to that second increased mortgage,
and I ask you to give me permission to have this...
Mr. Plummer: Is that in our best interests?
64 February 26, 1987
Mrs. Dougherty: Well, right now we already have a third mortgage. All they
are doing is increasing their second mortgage. They have given them one
hundred fifty originally, and now they want to increase it to two hundred and
four.
Mr. Plummer: Well, why should they be put in the second position and us take
a further third?
Mrs. Kennedy: Yes, how about us?
Mrs. Dougherty: They already are in a second position.
Mr. Plummer: Yes, but I am saying, the additional amount, why shouldn't they
be a third mortgage also?... and stand in line like we do if it ever came
about.
Mr. Dawkins: They should be the fourth mortgage, J.L.
Mr. Plummer: Yes, OK.
Mayor Suarez: Yes, the addition to be.
Mr. Dawkins: Right behind us.
Mayor Suarez: Well, was there any...
Mrs. Dougherty: If that is your position, that is fine.
Mayor Suarez: Right off the bat, was it implied somehow, or agreed that the
County would be in a second position and we would be in a third position?...
maybe because it is in the City of Miami, or...
Mrs. Dougherty: Not necessarily. I don't anybody was aware of it. I don't
think anybody thought about it. They have now made a condition, at least the
County Attorneys have, that they...
Mayor Suarez: They rushed to the courthouse to...
Mrs. Kennedy: Why don't you suggest that they...
Mayor Suarez: ... record their mortgages.
Mr. Dawkins: What they are trying to do is lock us in to all their tax
dollars and lock us up.
Mr. Plummer: Yes, they are trying to put themselves ahead of us.
Mrs. Kennedy: That's right. Why don't you suggest that we do the reverse.
Mr. Dawkins: Let them take a fourth position.
Mrs. Dougherty: That is fine, I will do that.
------------------------------------------------------------------------------
29. BRIEF DISCUSSION REGARDING "NEWPORT BOULEVARD" - COUNTY MUST PURCHASE
PROPERTY FROM CITY FOR USE OF FORT OF MIAMI.
------------------------------------------------------------------------------
Mayor Suarez: Item ...
Mr. Plummer: Mr. City Manager, I was shown a set of plans last week. I need
to know if we have what property we negotiated with the County for the Newport
Boulevard. They are showing right-of-way over City property all the way up to
N.E. 8th Street.
Mr. Odio: No, what you were shown was a proposed plan to do a temporary road
to alleviate traffic problems into the port.
Mr. Plummer: No, sir, there was not temporary.
65 February 26, 1987
u
Mr. Odio: Yes, sir.
Mr. Plummer: It was to be presented to the State of Florida for approval, not
temporary.
Mr. Odio: No, the way it was presented to me, was a temporary (it was marked
in yellow) line so that we alleviate the the of the , that is...
and I told Gilchrist, whoever brought it to me, that if they want it, they are
paying $5,900,000 for a particular piece of property.
Mr. Plummer: Stripped, exactly!
Mr. Odio: If they want another inch, they have to pay the equivalent price
for it.
Mr. Plummer: Well, that...
Mr. Odio: If you agree to sell it.
Mr. Plummer: Let me tell you, you better put them on notice, because they are
going to the...
Mr. Odio: I have. I have, Commissioner.
Mr. Plummer: Did you put the County on notice?
Mr. Odio: I told whoever brought it to me, I don't remember it, that if they
wanted to take one more piece of property from the City, they have to buy it.
Mr. Plummer: Would you bring me this afternoon a map showing exactly that
which was negotiated and paid for?
Mr. Odio: Yes, I will do that. The plan is, now that you mentioned it, and
I told him to take it to each one of you - Roger Carlton brought that over
with Gilchrist. They said that to alleviate traffic congestion into the
parking garage and the port, that the port would pave a temporary road...
Mr. Plummer: No, that is not the point I am making. That is a different
subject.
Mr. Odio: But, wait a minute, but they would also be needing an additional
piece of property, more than what they have bought from us, so I told them,
"Fine, tell them they have to pay for it."
Mr. Plummer: Yes, but excuse me, they are going that day... the gentlemen...
who was it Jack, that brought it to us at the Grand Prix meeting? He had the
set of plans. They were going that day for approval to the State of Florida.
Mr. Odio: They had better , they are going to be very
embarrassed, because they don't own that property.
Mr. Plummer: That's why I would like to see a map this afternoon...
Mr. Odio: I will get you a map, sure.
Mr. Plummer: ... because if they go up there, the assumption, with a set of
plans, to the State of Florida is, that they own it.
Mr. Odio: Commissioner, I will bring it this afternoon.
Mr. Plummer: Please!
66 February 26, 1987
30. DISCUSSION REGARDING MIAMI TELECOMMUNICATIONS INC'S MINORITY
PARTICIPATION AND AFFIRMATIVE ACTION.
Mayor Suarez: Do we have a representative of Miami Telecommunications Inc.?
Mr. Plummer: Yes.
Mayor Suarez: We do? Can we dispose of that quickly, so we can get to
Borinquen before lunch, please.
Mr. Plummer: We've got seven minutes.
Mayor Suarez: Go ahead. I could have sworn...
NOTE FOR THE RECORD: VICE -MAYOR PLUMMER ANNOUNCES THAT HE MUST LEAVE THE
MEETING AT 6:00 P.M.
Mayor Suarez: I thought we handled this issue last Commission meeting.
Mr. Plummer: No, he was supposed to come back with a report.
Mrs. Kennedy: Come back with a report, yes.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Oh, she was, OK. There was a lady here who made accusations...
Mrs. Kennedy: Is she here?
Mr. Plummer: Is that lady here?
Mrs. Kennedy: Was she notified that this is going to come up on the agenda?
Mayor Suarez: Who was supposed to make the report? Was it our Department?
Mrs. Kennedy: Yes.
Mayor Suarez: OK.
Mr. Plummer: You were supposed to review the annual reports and then give us
a report.
Ms. Sue Smoller: That's correct, sir. The review of the 1986 annual report
filed with the City by then Miami Cablevision, now Miami Telecommunications
indicated that improvements did occur in the last year in affirmative action,
and the cable company total employment does reflect equity with City
population; however, deficiencies still exist in several sales categories,
such as the technical category, and sales. Women are underepresented in both
total employment and in all categories except clerical.
Mayor Suarez: Were you able to determine who was right as to the specific
percentage allegation of the minority company that testified last time?
Ms. Smoller: As far as the minority procurement...
Mayor Suarez: They said one figure, and Miami Telecommunications said another
figure.
Ms. Smoller:... yes, that is correct. As far as minority procurement is
concerned, the Cable Company does comply with the 20 percent minority
procurement goal.
Mayor Suarez: Is all of it going to that one company?
Mrs. Smoller: No, 85 percent went to Hispanic businesses, and 15 percent to
Black businesses. Of the total, Spanol Communications makes up 62 percent of
the reported minority participation.
67 February 26, 1987
•
Mayor Suarez: You ought to go back to them and tell that, that that is our
�'ndinn be^.vse they didn't seem to agree with those figures.
Mr. Plummer: Well, the basic question is, are they in compliance?
Ms. Smoller: Yes, with minority procurement.
Mr. Plummer: OK, well, I think that was the real question that was being
asked.
Mayor Suarez: It is not a good idea for you to answer at this point, in view
of that finding.
Mr. Plummer: Quit while you are ahead.
31. PARKING PROBLEMS AT THE BORINQUEN HEALTH CARE CENTER (SERVING THE
UNDERPRIVILEGED) REFERRED TO ADMINISTRATION.
Mayor Suarez: OK, item 28. Let's see if we can get a quick reading on where
we are headed on this.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: No, one more.
Mr. Emilio Lopez: My name is Emilio Lopez, I am the executive director of
Borinquen Health Care Center, 5700 N.E. 4th Court. Borinquen Health Care
Center has been providing primary care services to the Wynwood, Edison, and
Little River, and when possible to resident of the County. Borinquen Health
Care Center has been operated as a non-profit corporation for 15 years, and
receives Federal funds, the State government, and patient fees. The center
last year had 51,000 visits. We are serving a truly mixed population, 38
percent is Haitian, 43 Hispanic, and 19 other nationalities. Of the Hispanic
population, 22 percent is South American, 17 percent is Puerto Rican, and 4 is
Cuban. The population is 85 percent indigent, 10 percent Medicaid, 1 percent
Medicare, and 5 percent is self -paying. Our biggest problem, besides the
demand on services...
Mayor Suarez: And 5 percent is what, commercial _?
Mr. Lopez: Well, self -paid.
Mr. Plummer: I had the problem, but you can lease it for a dollar a year.
Mr. Lopez: Our biggest problem besides the demand on services is the lack of
space. Presently, we are operating in a building that is eleven thousand...
five thousand square feet. We have 13 physicians, two dentists and a support
staff of 53 employees. Because of the space problem, the center is pursuing
the purchase of a new facility. The new facility is the one that is
represented in the brochure that you have there now.
Mr. Plummer: Look, you know, we all know the problem. You have got to have a
parking lot to operate, OK? You want to rob Off -Street Parking, Off -Street
Parking says they can't be robbed, but they are agreeable to talk.
Mr. Lopez: I don't want to rob.
Mr. Plummer: Well, you want to beg, borrow, or steal.
Mr. Lopez: No.
Mr. Plummer: You know, Emilio, in the final analysis, in my estimation, you
are not going to get the property, the ownership of it.
Mr. Lopez: I don't want the ownership.
Mr. Plummer: All you need is the use of the property, OK?
68 February 26, 1987
Mr. Lopez: The use of the property is fine.
Mr. Plummer: Now, what I would suggest is, that you and Roger and the Manager
and the bank sit down and come back... I'm going to tell you something, you
had better sit down and work something out, because in my estimation, they
have got to have that property, they are treating 80 percent of the people
that they treat are underprivileged people, and this Commission has got to do
something. Now, with those instructions...
Mayor Suarez: And that location is ideal for economic development, it is
exactly...
Mr. Plummer: Well, but they have already got $2,500,000 from the Federal
government.
Mr. Lopez: And not only that, I got $400,000 from the County already. You
will see it in the brochure, in there. It is there already.
Mayor Suarez: Well, the City wants to...
Mr. Plummer: Fine, hey, go sit down, the four of you, and I am going to tell
Roger, and I am going to tell the Administration, you better come back with
something agreeable, because in my estimation, this is going to be a go item
one way or another, and come back on the 13th and tell us what you negotiated.
I'll so move.
Mayor Suarez: Moved, do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Under discussion?
Mr. Dawkins: Under discussion. What is the problem, Ron, because I wasn't
here.
Mr. Roger Carlton: Mr. Mayor and members of the Commission, I am Roger
Carlton, director of Off -Street Parking. The problem is, that this building
was permitted based on the parking in our lot, underneath the expressway. The
building therefore, as J. L. said, has to go with the parking. We really need
to understand where this thing is in the process. Mr. Lopez, and Borinquen
Clinic has made an offer to the bank to buy the building for a certain price.
The bank has not yet even accepted that price. We are trying to work with Mr.
Lopez, either to let him come in and use it, at the lowest possible cost,
or...
Mayor Suarez: Yes, but you are also telling him that you have legal
constraints, and that is why I have asked for a legal opinion from the City
Attorney, as to whether you are really constrained as you say you are, Roger,
because one thing is a policy decision of this Commission, whether we ought to
use the parking lot, and give it away for free, or for $5.00 or for $500,000,
or whatever we would like to, and the other question is, what constraints are
you bound by, legally, as you state in your last correspondence.
Mr. Dawkins: Yes, and the other thing, Mr. Mayor is, this clinic serves the
poor.
Mayor Suarez: Yes.
Mr. Dawkins: So, now, where in the hell are they going to get money to pay
parking?
Mayor Suarez: That is the point...
Mr. Dawkins: I mean, see, these are the things I want brought out.
Mayor Suarez: As a policy decision, if we are not constrained legally as you
allege we are, and I want to see that legal opinion from the City Attorney,
because I have some doubts as to your objections on it. Maybe we ought to
just give it away, I don't know.
Mr. Dawkins; But now, wouldn't that be... go ahead, J.L.
69 February 26, 1987
Mr. Plummer: Well, Mr. Mayor, at no time would I vote to give it. I will
make it available, wh`-h is •7hal `.hey need. They have paid $200,000 for it.
If the day comes in five years they don't need it, then it reverts back to
them.
Mr. Dawkins: Oh yes.
Mr. Lopez: Back to them. I haven't got no problem with that.
Mayor Suarez: Yes, with whatever provisions.
Mr. Carlton: Well, you take into consideration, that also in this building,
there are plans on the part of Barinquen to rent out space to the private
sector. This is not as pure as it appears...
Mayor Suarez: Now, see, that is interesting, those people should...
Mr. Carlton: I would ask you not to draw any conclusions until we have a
chance to get together with the bank.
Mr. Plummer: That's what I just made a motion for.
Mr. Carlton: I understand that, but I am hearing conclusions that are not
based on fact.
Mayor Suarez: No, no, you are hearing me contradict your legal opinion, and
I'm asking the City Attorney to see who she agrees with; if she agrees with
you, fine.
Mr. Plummer: Well, I think you make a damn good point. What percentage of
that building is being used by the clinic? ... and that percentage you should
apply to the parking lot.
Mr. Lopez: OK, we are planning right now, according to the Feds, we are
supposed to use the whole building for the clinic. This is a fact. Now, what
we are saying is, that that might be, and I told the bank, and I've been open,
and I have told even Roger that my space, that if we don't utilize
the whole space, we might rent some for private... you know, the Feds are
always telling, you people are telling us, become self-sufficient. So, how
can we become self-sufficient if we can't, you know. This is the kind of
thing.
Mayor Suarez: Well, those people would have to pay for parking, you know, and
so on, because it would be essentially a private operation.
Mr. Lopez: But, we need the parking. The only way, as he explained, that we
can do this project, that by the way, like Commissioner Plummer says, it is
$2,500,000, that is just for the building and the renovation. We have got a
budget of $3,138,000 from the Federal government, and the State for the
operation. I mean, this is not a small business. And like I said, you can...
I invite you any time to go and visit the clinic, without telling you to go
there, because people are prepared. Go any time and see what we are doing
over there. We need the space.
Mayor Suarez: All those mass of humanity going through there.
Mr. Lopez: I've got 13 doctors and two dentists working in eleven thousand,
five thousand square feet. You know, and the Feds are willing...
Mayor Suarez: And I am not concerned, I am not concerned, I don't know about
this Commission, but I am not concerned at all about having first you deal
with the bank, and then the City making some sort of commitment. I think you
can have all of the commitments simultaneously, maybe we can make the
commitment before the other one, because a lot of times, when you present a
package, you want to know whether the City is committed to you or not, and
that makes a lot of sense.
Mr. Lopez: Right now, the thing that is stopping the whole thing is just the
parking. The bank doesn't want to make a commitment. I have a commitment
from the Federal government, and look inside your package. You have $400,000
that I have in the bank, earning interest right now, from the County.
70 February 26, 1987
Mayor Suarez: Well, I think we have given pretty clear instructions to the
City Manager to work with you and wit;: :h, ' Ahc: ity. Call the roll on that
motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-215
A MOTION DIRECTING THE CITY MANAGER TO MEET WITH
EMILIO LOPEZ, ROGER CARLTON AND FLAGLER FEDERAL
SAVINGS TO WORK OUT A PROPOSED SOLUTION TO PROBLEMS
PRESENTLY ENCOUNTERED IN CONNECTION WITH PARKING FOR
THE UNDERPRIVILEGED RECEIVING SERVICES AT THE
BORINQUEN HEALTH CARE CENTER INC.; FURTHER REQUESTING
THE MANAGER TO COME BACK WITH A RECOMMENDATION BY THE
MEETING PRESENTLY SCHEDULED FOR MARCH 13TH.
Upon being seconded by Commissioner Kennedy, 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.
Mr. Dawkins: Lunch time.
Mr. Carollo: We meet again at 2:30.
Mr. Odio: No, we...
Mr. Plummer: 3:30.
Mayor Suarez: No, I think we are schedule for 3:30.
----------------------- ----------------------- -----
32. ADMINISTRATION TO LOOK AT SITES DONATED FOR POLICE MINI -STATIONS IN
ALLAPATTAH AREA
Mr. Odio: We have one more item and, Commissioner Carollo, we will be through
with the regular agenda and we won't have to come back then until 3.30.
Mayor Suarez: We have the item on Allapattah and I'm willing to hear it now.
Mr. Plummer: I make a motion at this time that we hear Allapattah.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. All in agreement say yes. Call the roll.
There's no need to. Go ahead.
UNIDENTIFIED SPEAKER: Good morning, Mr. Mayor, Commissioners, City Manager.
Mr. Plummer: Has this been to the Manager? Has it been to the Police Chief?
Mrs. Kennedy: Let me just talk for a second about the history of this item,
Mr. Mayor. I put this on the agenda because about two months ago a group of
merchants from Allapattah came to see me. They said that crime was rampant in
the area, that they needed more police protection and I physically went and I
saw the properties, the area in question, rather. I saw that everybody went
to work with guns and everybody was really very scared, so I went to the
Manager. We called the Chief and asked him to create a task force to study
the area. I have not seen the report yet, but then, with that background, go
ahead and state your...
71 February 26, 1987
Mr. Plummer: Can I short -circa:,. iL. We -annot %;o �&ij,hing until we have a
report back from the Manager and from the Chief. We know your needs. We know
what you want.
Mrs. Kennedy: The Chief was here for this report.
Mr. Dawkins: Did I understand you to say when you visited me that you had a
site?
UNIDENTIFIED SPEAKER: Yes, sir.
Mr. Dawkins: Mr. Manager, they have the site and I am not going to do any
less in Allapattah where I live than I did up there on N.E. Biscayne where I
don't live.
Mr. Plummer: They have two sites.
Mr. Odio: May I...?
Mr. Dawkins: Yes, go right ahead.
Mr. Odio: There was another group that wanted to rent a house and offered to
pay for that house, which was his group, to have it there. In the meantime,
the Allapattah Businessmen's Association visited me - I guess they visited
with all of you - and they now have a site for a dollar a year.
Mr. Dawkins: I have to go back to what Commissioner Plummer said. They have
to come to you and you have to make a recommendation to us. Isn't that what
you're saying, Commissioner Plummer?
Mayor Suarez: Do you need statement of policy that we want to try implement a
mini -station in the area?
Mr. Odio: What I need to know is...
Mr. Carollo: No, no, no. We made that statement of policy a long time ago.
When we opened up the first one we said that every neighborhood of this city
that wants a mini -station is going to get one. In fact I think we even went
further than that. I stated that if there were several areas of a
neighborhood that wanted more than one they could have one. In fact I feel
that if every block that wants one they should have one. I was even thinking
of giving my cabana house in the Grove to be a mini -station.
Mayor Suarez: I know that wasn't a statement of policy but that would be
interesting.
Mrs. Kennedy: Mr. Mayor, I think that we need some clarification, as least I
need some clarification. The group of people that I met is standing over
here. They had identified a site, they said that they were willing to pay for
it and now I see this other group saying that they also have a site.
UNIDENTIFIED SPEAKER: Commissioner, I would just like to say that we have two
sites.
Mayor Suarez: The City Manager is going to eventually recommend to us which
is the ideal site and which is the one we can work with, so...
Mr. Odio: I have already sent the Police Department to the one on 2057 N.W.
28th Street. I did send the Police Chief there and the decision was that
there was not a proper place or building for a mini -station. In the meantime,
I had the other offer which I told the Chief yesterday to go and look at. It
is at Dade County, an old building.
UNIDENTIFIED SPEAKER: We have two sites. One is a Dade County building and
the other one is a privately owned ...
Mr. Odio: I have asked the Police Chief to take a look at those sites and
I'll make a recommendation on those two. This other one we won't take it.
Mr. Dawkins: Is that a dollar a year, too?
72 February 26, 1987
UNIDENTIFIED SPEAKER: Yes.
Mr. Odio: A dollar a year.
Mayor Suarez: Is your motion going to be, Commissioner Kennedy, that the City
Manager look at all the available sites and come back with a recommendation?
Mrs. Kennedy: Right, and report back to this Commission. I so move it.
Mr. Odio: As a matter of policy, may I ask a question? We would rather deal
with the CBOs, since they are established, so that we don't have to go and
look at every single building in town. If we can go, and we are already
organized through the community development on community -based organizations,
they have their boards in place.
Mayor Suarez: But you'd have no problem contemplating another site if the CBO
site is not adequate. I mean, I don't know that that makes any ...
Mr. Odio: Fine, but we don't want to negotiate with everybody in town. I
prefer to negotiate with CBOs.
Mayor Suarez: Yes, obviously we'd like to work with CBOs.
Mr. Dawkins: You also have to bear in mind that these mini -stations have to
meet the code. You can't break the code because of the City of Miami.
Mr. Odio: Yes, sir, but please instruct me to deal with some organization.
If we deal only with the CBOs, they are base organizations, they are already
supposed to have representation of their community. And that's the way we
should do it.
Mr. Carollo: Mr. Manager, you could deal with them first, but you can deal
with any community group that wants a mini -station. The Mayor said mini -
stations would solve crime in this community. Every block that wants a mini -
station should have one. If we are going to solve crime this way, let's
really solve it.
Mayor Suarez: I didn't say that, but the policy of the Commission is to have
mini -stations in most areas of the city, as stated.
UNIDENTIFIED SPEAKER: Mr. Mayor, we have ...
Mayor Suarez: We're not going to have whole presentations. I'm losing the
Commission here. We're supposed to end at 12. You're going to get a chance
to make full presentations to the administration and they will get back to us.
UNIDENTIFIED SPEAKER: Okay, I just want to state that, you know, this is a
thing that we have trouble in the past and since 1978.
Mayor Suarez: I saw that letter. I was surprised.
UNIDENTIFIED SPEAKER: We've had numerous letters and numerous conferences
with other city officials.
Mayor Suarez: Nine years.
UNIDENTIFIED SPEAKER: And it is something that ... we are ten organizations
represented right now from the Allapattah YMCA to the Allapattah Crime
Prevention Council - numerous. We really need this station and we think that
the two sites are very centrally located and will serve the community.
Mayor Suarez: That's incredible that it has taken nine years. We will have a
full public hearing on this and we will get a report from the City Manager, so
work with him and convince him that your site is the preferred site. I hope
that everybody in the community would get together on a recommendation. I
don't see why it should be ... If we have healthy competition, that's fine,
but ...
Mr. Ediberto Fonseca: All right. Can I say something?
Mayor Suarez: You can, but there may not be a quorum by the time you say it.
I don't know what purpose it serves. Go ahead.
73 February 26, 1987
Mr. Fonseca: Let me say this. I am Ediberto Fonseca. I am from the
Allapattah neighborhood for over 26 years. We already got the local for two
months, being paid by the merchants. I just want to know what's going on with
this. This is not going to be paid by the City.
Mayor Suarez: Well, nobody ever approved that location. Let me just clarify
that. We are looking for donated locations and the City's to make the
recommendation. We told you that right off the bat, Ediberto.
Mr. Odio: Mr. Mayor, let me clarify it. Mr. Fonseca, excuse me. When we met
upstairs I don't remember when, and you gave me the address of the house, I
notified the Police Department. They are the experts on this. They went
there and now tell me today that they have to recommend against this location
and this house. Now, I have to go by what they are saying, that this is not a
proper building for a mini -station.
Mayor Suarez: We're going to have a full public hearing on this. We have a
motion. Did we take a vote, Madam City Clerk?
Ms. Hirai: It will stand as a direction to the administration. We didn't
take a roll call, no, sir.
Mayor Suarez: Okay, call the roll.
Ms. Hirai: We don't have a quorum.
Mrs. Kennedy: What is the motion?
Mayor Suarez: Yes, we do. We have a quorum right here.
Ms. Hirai: Oh, yes we...
Mrs. Kennedy: What is the motion, again? Are we talking about my motion?
Mayor Suarez: To instruct the City Manager to contemplate, consider and
recommend the different sites back to this Commission.
Ms. Hirai: Right.
Mr. Carollo: (off mike) Only if you include in that motion that each
neighborhood can have more than one mini -station. Your campaign pledge, Mr.
Mayor, was that you wanted mini -stations everywhere, even though now you are
denying that you made the statements that mini -stations would solve crime in
the city, those were the statements you were making. You even went further
and said that if Mr. Ferre would win you would move from the city of Miami
because crime was so high. So, what I am saying is, keep your promise. Let's
have mini -stations everywhere. This way this issue will be resolved.
Mr. Fonseca: Thank you.
Mayor Suarez: I have no problem voting on the motion. I have no problem
voting on that amendment. Obviously, if we could, we would have more mini -
stations than a reasonable number like 8 or 10, but that's up to this
Commission. We haven't even approved this one yet in concept, except by a
general statement of policy that we want to have mini -stations in
neighborhoods. John, do you want to address that? Joe.
Sgt. Joseph Linguera: Mr. Mayor, my name is Sgt. Joseph Linguera. I work in
the Planning and Research Unit at the Police Department. We have been working
on this issue a long time and we understand the desire for mini -stations.
When you address that desire, also please address for Us how we are going to
staff these things. Mr. Fonseca wants two policemen to go along with this
mini -station. Where does he suggest I take them from? That's our problem.
Mayor Suarez: Joe, that's been the problem of every mini -station so far. If
the Commission makes it a policy to have more than one mini -station then the
staffing problem also has to be brought back to this Commission for approval.
Mr. Dawkins: I don't have any problems with it, Mr. Mayor. When the
Mayor Suarez: Northeast -
74 February 26, 1987
Mr. Dawkins: No. Citizens Against Crime come down here to raise hell. They
are a power group. We jump and scream. We do anything they want and they
don't even live in the city of Miami. The Citizens Against Crime - they don't
live in the city of Miami but we let them dictate to us what we should do, so
now why can't we listen to these neighbors?
Mayor Suarez: Okay, I'll take a vote. Call the roll on this motion.
Mrs. Kennedy: And I also would like to find out why this site is not
acceptable to the Chief.
Mayor Suarez: Well, he will make that into his recommendation to this
Commission. We will have a full public hearing on it.
Sgt. Linguera: I can tell you why right now. It's one block off of 22nd
Avenue. Some of the criteria we have - it's got to have high visibility, high
volume of traffic. It has to be centrally located into what we consider the
main business area of that community.
Mr. Plummer: You know, that's one of our problems, Joe. Okay? They are
setting criteria. Now, we the Commission are responsible for getting a
particular location. That doesn't exist up in the northeast where we opened
it.
Sgt. Linguera: Yes it does.
Mr. Plummer: That's not high visibility. It's one block off the boulevard...
Sgt. Linguera: Sir, it's going to be moved.
Mr. Plummer: Excuse me. Mr. Manager, where are you? Sir, are we, the
Commission, going to set the policy or is the Police Department? Who's going
to set the policy?
Mr. Odio: When you accepted the property in the northeast, we accepted that
property with the condition that
Mr. Plummer: But the same criteria don't exist.
Mr. Odio: If you don't let me talk I cannot answer your question, sir. We
are accepting the property in Morningside to be moved to the park.
Mr. Plummer: To Legion Park.
Mr. Odio: And it is going to be right on the boulevard. Now, I am not
accepting any properties. You have to do that.
Mr. Plummer: Sir, may I suggest ...
Mr. Odio: We asked the Police Department to look at the site and then...
Mr. Plummer: But you see, they are looking at the site and turning it down
because of the criteria that they set. And I am not arguing any site, please.
Don't misunderstand me.
Mr. Odio: We need to have a policy from this Commission.
Mr. Plummer: Exactly. And I am a lobbyist. I don't get compensated!
Mayor Suarez: Call the roll on the motion to refer to the City Manager for
recommendations back to this Commission, which will include then the policy
criteria that we should set.
Mr. Plummer: Why? Let's set a policy.
75 February 26, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-216
A MOTION AUTHORIZING THE CITY MANAGER TO LOOK AT ALL
AVAILABLE SITES PRESENTLY BEING DONATED FOR
INSTALLATION OF A PROPOSED POLICE MINI -STATION IN THE
ALLAPATTAH AREA, FURTHER REQUESTING THE CITY MANAGER
TO NEGOTIATE THROUGH PERTINENT C.B.O. GROUPS IN THE
AREA AND TO COME BACK WITH A RECOMMENDATION.
Upon being seconded by Commissioner Kennedy, 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: Maybe it's a good vote, actually, because we have to see the
sites and we have to consider Commission policy. I hope that you continue to
compete and find the very best site available. That's exactly what we need.
This Commission is adjourned until 3:30 p.m.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:15 P.M. AND RECONVENED AT 3:34 P.M., WITH
COMMISSIONER CAROLLO ABSENT.
------------------------------------------------------------------------------
33. DISCUSSION REGARDING FLEA MARKET'S USE OF PARKING LOT AT THE MIAMI BOBBY
MADURO BASEBALL STADIUM
Mr. Dawkins: Mr. Manager, we got a situation here, members of the Commission.
These gentlemen operated a flea market at the Miami Stadium. For six years,
when the Orioles come, they move their operation to the Orange Bowl. They
have been going to the Orange Bowl in violation of our whatever it is, so I
Mr. Odio: The Zoning Ordinance 9500.
Mr. Dawkins: So why would you send them to violate the law?
Mr. Odio: That's a good question, we already corrected that. The Stadiums
Department tried to raise revenue, goes ahead and brings events to the
Stadium. They did not realize that they were in violation of the City
Ordinance.
Mr. Dawkins: So, what are we going to do now?
Mr. Odio: We need to bring it to a public hearing.
Mr. Pierce: We told them yesterday that they could continue to operate but
they had to go through the procedure and comply.
Mr. Odio: They have to comply with the procedure.
Mr. Dawkins: So what you're saying is they can continue to operate but they
must come here and go through the motions. Is that what we're saying?
Mr. Odio: They must comply with the ...
76
February 26, 1987
i
Mr. Dawkins: No, no, no, see. I want to know what, see. They've got a
hundred vendors who are earning a living. Now they've been going over here to
Miami Stadium.
Mr. Odio: Commissioner, I understand. The ordinance ... they have to go to
the Planning Board. The best thing to do - and he doesn't want to do it - is
to amend the ordinance 9500 so that we don't have these kind of problems.
Mr. Dawkins: I'm with Walter, throw 9500 out!
Mr. Odio: I agree, but ... I don't like that ordinance.
Mr. Dawkins: Okay, now, what can we do to give these gentlemen some relief?
Mr. Odio: What happened is, Commissioner, the ordinance, because of something
that happened in the past that we could only have two carnivals a year in the
City, or whatever.
Mr. Dawkins: But this is not a carnival.
Mr. Odio: Events of that type. We need to change that.
Mr. Plummer: Let me ask you this. How much money are you paying the city?
UNIDENTIFIED SPEAKER: We're paying $20,000 a year.
Mr. Plummer: A year?
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: And how many times do you use the facility?
UNIDENTIFIED SPEAKER: Twice a week - on Saturdays and Sundays.
Mr. Plummer: Twice a week, and all you're paying us is $20,000 a year?
Mr. Odio: Commissioner, this is not the Orange Bowl Stadium. It's the
parking areas.
UNIDENTIFIED SPEAKER: No, it's the Miami Stadium.
Mr. Dawkins: It's the parking lot in the Miami Stadium.
Mr. Plummer: Sir, I understand what you're saying. You're saying you use it
twice a week.
UNIDENTIFIED SPEAKER: Twice a week.
Mr. Plummer: That's 104 times a year.
UNIDENTIFIED SPEAKER: Aha.
Mr. Plummer: For $20,000?
UNIDENTIFIED SPEAKER: Well, the thing is that that area ...
Mr. Plummer: Sir, I don't care what that area is.
UNIDENTIFIED SPEAKER: Can I explain to you?
Mr. Plummer: No, no. What is - how much - hold on a minute - wait - whoa!
Why is he getting the use of that city facility so damned cheap?
UNIDENTIFIED SPEAKER: It's the Miami Stadium. It's not the Orange Bowl.
Mr. Plummer: Sir, I don't care if it's on Virginia Key.
UNIDENTIFIED SPEAKER: Excuse me, sir, that area wasn't used for anything when
I came in there the first time.
Mr. Plummer: It's city -owned...
77 February 26, 1987
UNIDENTIFIED SPEAKER: It was only drug addicts around there and you can go
there now and see families I brought into the area.
Mr. Plummer: What is the rental fee they pay?
Mr. Odio: Excuse me, J.L., it's a good deal. They are using areas that are
normally not rented.
Mr. Plummer: Okay, how much are they paying? What is the rental fee?
Mr. Odio: I'll get you the breakdown.
Mr. Eads: (off mike) It's approximately $12,000 per and a half.
Mr. Plummer: Can't be. That would be over $100,000.
Mr. Eads: No, sir, it's not every week that they have the thing.
Mr. Plummer: He said every week, twice a week.
Mr. Eads: Well, there are some times when we have events there that they
can't have those things, there are times when it doesn't occur.
Mr. Plummer: How much to you charge your vendors, sir?
UNIDENTIFIED SPEAKER: We charge $12 and $14.
Mr. Plummer: $12 and $14 per day?
UNIDENTIFIED SPEAKER: Yes. We only have a hundred of them and a lot of them
are Haitians, people that don't have any jobs and they come there sometimes
and you have to give them ...
Mr. Plummer: Sir, you're not in this for your health. You're in it to make a
living.
UNIDENTIFIED SPEAKER: Yes, I am, sir.
Mr. Plummer: And I would like to see a copy of your financial statement. Do
you have this as a business or you as an individual?
UNIDENTIFIED SPEAKER: This is a corporation.
Mr. Plummer: You have a corporation?
UNIDENTIFIED SPEAKER: Right, we do.
Mr. Plummer: Okay. I would like to see the books of the corporation.
UNIDENTIFIED SPEAKER: We'll be glad to give it to you.
Mr. Plummer: So you are going to let them operate now, but they have to go
through the normal procedures and then we will readjust the rent after they go
through the procedures.
Mayor Suarez: Well, we'll readjust the rent. We'll look at the rent. Maybe
it's entirely reasonable in view of the fact that nothing else might happen
out there if it wasn't for you people and the general condition of that area.
Mrs. Kennedy: Just make sure you go through the normal routes and get
approval and the permits necessary.
Mr. Plummer: I'm not as concerned, Mr. Mayor, about the baseball stadium as I
am about the Orange Bowl.
Mayor Suarez: It's a parking lot.
Mr. Plummer: But you see you were not here when the people surrounding the
Orange Bowl said: "Hey, enough is enough!"
Mayor Suarez: Well, there are not too many people surrounding the Miami
Stadium.
78 February 26, 1987
1# 10
U'TnENTIFIED
SPEAKER: It's a very small area, now, and they cut it
in half,
also. So there's very little. You can go and check it out.
Mayor Suarez:
How many times a year do you
use the Orange Bowl now?
Or you
don't use the
Orange Bowl.
UNIDENTIFIED
SPEAKER: We only use it, you
know, four weeks a year,
that's
all.
Mr. Plummer:
All right. Mr. Manager, you
will forward me a copy
of their
financial audit
when you get it.
Mr. Eads: They're
going to provide you with
a copy of their books, I
believe.
Mr. Plummer:
Well, they're provided to the
administration and you give me a
copy.
Mayor Suarez:
Do we need to make a motion on
this at this point?
Mr. Plummer:
No, you don't. You can't.
34. DISCUSSION OF VIOLATIONS OF ZONING ORDINANCE REFERRED TO THE CODE
ENFORCEMENT BOARD
Mr. Dawkins: I've got two more things. Pepe, here's a gentleman that we went
out and looked at his property and this gentleman spent a hundred and what,
Pepe, to fix the property up?
Mr. Pepe Victoriano: (translated by Mayor Suarez) $189,000.
Mr. Dawkins: And then he bought a piece of equipment for - how much?
Mr. Victoriano: (translated by Mayor Suarez) $30,000 for a flatbed.
Mr. Dawkins: Now, he went in an area and took a piece of junk and cleaned the
area out and everybody around there has been operating in violation of the
code. Now, what do we do, somebody, to let him continue to operate until you
decide to put everybody out of business or let him operate? Somebody over
there.
Mayor Suarez: What is his violation? Jack, do you know? Or Walter?
Mr. Dawkins: Let the Mayor see this. Go right ahead, Mr. Pierce.
Mr. Pierce: Mr. Dawkins, with all due respect, sir, if the man's illegal and
there are five other illegal ones around there, we should be citing all of
them rather than letting this man go just because we didn't cite the others.
Mr. Dawkins: You should close them all or none.
Mr. Plummer: That's what he's saying.
Mr. Pierce: That's exactly what I'm saying.
Mr. Dawkins: But you're not closing nobody but him.
Mr. Pierce: If we've overlooked anybody else in that neighborhood, I'm saying
we'll be back there tomorrow.
Mr. Dawkins: No, no, no. Okay. Go ahead, I'll listen to you, go ahead.
Mr. Pierce: If this individual is violating a zoning ordinance, it's still a
violation of law and we can't excuse it if we know about it.
Mr. Dawkins: What do we have to do to give him an excuse for violating the
law until you decide to close everybody up?
79 February 26, 1987
Mr. Pierce: We're going to be doing that tomorrow, sir.
Mr. Dawkins: You're just like my wife - you're listening to me but you're not
paying attention!
Mr. Pierce: Mr. Dawkins, I'm trying not to say it, sir, but ...
Mr. Dawkins: But I want you to say it.
Mr. Pierce: I really don't want to participate in assisting you to help
anyone violate ordinances.
Mr. Dawkins: Well, I do, though. All right, then, Madam City Attorney! We
have a gentleman who has spent $150,000 illegally to operate a business that
he observed five or six already operating. Now, nobody else spent this money
and this gentleman has this investment and we pick him out to make an example
of and the people who did not spend any money and instead are making money, we
have not done anything to them. How do we allow this gentleman to operate
until the city of Miami close everybody down?
Mr. Victoriano: (translated by Mr. Odio) I have been 16 years at 2200 NW 12
Avenue. It was an Amoco station. Metrorail came along, destroyed him. They
took the island away. He had to start all over again. They made him put new
tanks and everything, and spend monies. He is selling 10,000 of gasoline and
2,000 of diesel. He pays his license and his taxes and all but it doesn't
make him enough money to live on. He is trying to get wings to fly but the
city of Miami just cut his wings off.
Mr. Plummer: You cut your own wings off, sir.
Mayor Suarez: You're scheduled to appear before the Code Enforcement Board on
April 8th and it sounds to me like ... I guess this Commission couldn't take
any action pending that, anyhow.
Mr. Plummer: After your appearance here today, your neighbors will also
appear.
Mayor Suarez: If there is any indication, though, that you are being
discriminated against in what they call, I guess, selective enforcement of
this ordinance then you could have some kind of legal recourse against the
city.
Mr. Victoriano: (translated by Mr. Odio) He says there are a lot of
clandestine businesses here that are not being penalized. (There followed some
discussion in Spanish between Mr. Odio and Mr. Victoriano which was not
translated. Mr. Odio requested the addresses of violators of aforementioned
law.)
Mayor Suarez: You ought to consult a lawyer before the April 8th meeting of
the Code Enforcement Board. You are welcome to speak to any of the
Commissioners between now and April 8th to see if we ...
Mr. Plummer: But there's nothing we can do for him.
Mayor Suarez: I understand that, but just so that he knows.
Mr. Victoriano: (in Spanish and not translated) (Mr. Victoriano asked what
he could do in meantime).
Mayor Suarez: I can't advise you on that. I can't tell you what you have to
do with your employees. You're welcome to come up and make an appointment
with us and explain to us why you think you have been treated unfairly but the
Code Enforcement Board of the city first has to make a finding to recommend to
US.
Mr. Plummer: You'd better start looking for a piece of property that's
legally zoned, sir.
Mr. Dawkins: Or get this one rezoned.
Mayor Suarez: What is the basic violation?
80 February 26, 1987
0
It
Mr. P1urxr—ftr: Junk ; and
Operating a junk yard.
Mr. Pierce: (off mike) Salvaging, junking and wrecking of automobiles.
Mayor Suarez: What is he allowed to do there, if anything?
Mr. Pierce: It's an industrially zoned area. He can do car repair,
automobile repair.
Mr. Plummer: He can do exactly what his Amoco station is.
Mr. Dawkins: It's a Fina station.
Mayor Suarez: (explains to Mr. Victoriano he can repair cars).
Mr. Victoriano: (explains that service station business was ruined by
elimination of the island.)
Mr. Victoriano: (translated by Mr. Odio): He took out a Metro license. He's
got all his licenses and he's within the law and everything, except ...
Mayor Suarez: (explains in Spanish to Mr. Victoriano that he will have an
opportunity to address the Board and in the meantime he should find out his
legal status to comply.)
NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 3:48 p.m.
35. A- ALLOCATE $50,000 TO BRING THE OPRAH WINFREY SHOW TO MIAMI
B- DISCUSSION REGARDING MIAMI HERALD'S ARTICLE MENTIONING STREET
IMPROVEMENT WORK BEING DONE IN AREA WHERE COMMISSIONER CAROLLO LIVE
Mr. Dawkins: Another thing is, Mr. Manager. Would you explain to the
Commission what happened when we went to seek to get the $50,000 to bring the
show here, please.
Mr. Odio: Just a minute, please. I could not hear - I've got people talking
all over the place.
Mr. Dawkins: Well, that'll come up in your evaluation when it come time to
renew your contract. Ain't no problem.
Mr. Odio: Oh, now I have a contract. I'm willing to take one, by the way.
Mr. Dawkins: Would you explain to the Commission what happened when we asked
for the $50,000 for the Oprah Winfrey Show and where we are.
Mr. Odio: Yes, they told me that it was impossible for them to fund any type
Mayor Suarez: You are talking about the Visitors and Convention ...
Mr. Odio: The Greater Miami Convention Business Center.
Mayor Suarez: Was it the Marketing Committee or the entire Board?
Mr. Odio: The entire Board. Commissioner Dawkins made a presentation to the
Board requesting that they contribute $50,000 to bring the Oprah Winfrey Show
to Miami who has a 41% share of the market which is the highest rated audience
on television today for five days a week and they said that they were not
going to fund any events period, like Miss Universe, or any of the pageants,
or any other type of events like that, that we were supposed to do that out of
the bed tax monies that we are supposed to be getting, or that the Miami Beach
B.C.A. should be doing that, but that they would not fund any of those sort of
events.
Mr. Dawkins: Okay, now, we have a $50,000 commitment from whom?
81 February 26, 1987
Mr. Odio: The Mayor of gal Harbor ...
Mr. Dawkins: No, I don't want to know about that one! The Host Committee?
Mr. Odio: The Host Committee is willing to if we do not get the other
$50,000.
Mr. Dawkins: I would like to make a motion that I think that the exposure
that we would get is worth the $50,000. And I would like to make a motion
that we take $50,000 from Special Programs Account and bring the Oprah Winfrey
Show here with the understanding that whatever is presented is presented as a
positive image for the city of Miami and not anything negative.
Mr. Carollo: I think we need to add a little bit to it.
Mr. Dawkins: Go ahead, Joe.
Mr. Carollo: I do not see it, but I am told that the Good Morning America,
they invited some fellow over that works by the bay.
Mr. Odio: Carl Hiaasen.
Mr. Carollo: And that that fellow just tore the city of Miami to pieces, to
the point - and this was somebody that was outside of Miami that called me to
tell me - that they felt that even the person from Good Morning, America,
looked like they were embarrassed on television. They were shocked at what
this guy was saying about the city.
Mr. Odio: Commissioner, I have a verbatim transcript of what Mr. Hiaasen said
on television. I'll have it brought down. It was... he did to us in three
minutes what we were trying to do for a whole week in selling Miami. He
actually hurt -
Mr. Plummer: How long was he on?
Mr. Odio: Three minutes approximately.
Mr. Plummer: I'd like to see it.
Mr. Odio: You want to see the tape? Because I have a transcript in writing.
Mayor Suarez: You won't believe it when you see it.
Mrs. Kennedy: It really is a disgrace.
Mr. Carollo: It's one thing what someone might feel personally about us up
here or about other individuals in the city, (TAPE #8) but when they go to an
extreme like I heard this guy went -
Mr. Odio: By the way, there was a resolution passed by the Greater Miami
Convention Visitors yesterday to send to the Miami Herald. Phase is going to
send another one, SALAD, I believe the Greater Miami Chamber of Commerce -
Dorothy Weaver - informed me yesterday that they are very upset about what he
said.
Mrs. Kennedy: You know the problem, Mr. Manager. He has a book out and he
wants to promote his book and it is a disgrace that he does it with city
monies and on national television like this.
Mr. Plummer: That's all well and good, okay? But I think we have to
understand - and I don't want to - the nature of the individual we're dealing
with. This man thrives and keeps his job on being controversial. I have
never read an article yet that he doesn't publish that isn't controversial and
taking the opposite view. And, you know, I guess he just feels that has to do
that regardless of how much it hurts the city or how bad it tears us up. But
that's his kind of forte. He writes with a poison pen.
Mr. Odio: I think he said that there is nothing wrong with Miami that a good
hurricane wouldn't take care of.
Mr. Plummer: Well, you know, I think the other one was also where he said
that the city - this is what I was told - of Miami is the only city in the
82 February 26, 1987
United States that keeps statistics on how many bodies are found in trunks of
cars.
Mr. Odio: He did say that, yes.
Mrs. Kennedy: In fact he wrote an article to that effect.
Mr. Odio: I am prejudiced. I don't like him.
Mrs. Kennedy: And that we have all the best restaurants and hotels that all
the drug dealers like.
Mr. Odio: I was told - and I don't know, I'm not in the television business -
that to buy one minute of advertising in a program like that you have to pay
about $250,000 and he got three minutes.
Mayor Suarez: I've never seen anyone in three minutes be more negative about
any place in my whole life, or more inflammatory, really. I have taken a
letter to the managing editor of The Miami Herald but apparently they are not
inclined to publish it. I don't know.
Mr. Carollo: Well, like I said, it's one thing how he might feel about any of
us individually. He's got that right to express it any way he wants to, and I
would be the first one, you know, to support him in that right, but when he is
trying to hurt the economic livelihood of the whole community, that's not
right, and I think we should be extremely careful when we bring these shows on
here that it's not going to get out of hand in something of this fashion.
Mr. Odio: I think I need to tell you that we don't have, we would never get
control of editorial rights to the shows.
Mr. Carollo: We're not talking about control or censorship, you know. That's
against the American way. We're not saying that. What we're talking about is
someone purposely going on a national newscast just to tear this community
apart where it is going to hurt us economically, and if it hurts us
economically, it is going to hurt us every other way. That's what we're
talking about. There's a thousand reporters or news media types in South
Florida. They didn't have to go and pick him. They could have picked scores
of others that still might have had the same dislike for some of the people
that he don't like, but could have expressed themselves about this community
in a more professional manner.
Mayor Suarez: I think he's hurt his own credibility and it's my hope that The
Miami Herald will publish the transcript of what he himself said so that
everyone who didn't see the program will see what he seems to be bent on doing
about our city and our image.
Mr. Carollo: Talking about those fellows today, I got another complaint about
another fellow that writes over there that I would like Mr. Cather's
department - that's the one I guess who would handle this - to write a letter
to him with maps, whatever we would need to so that he could finally get his
story right. I'm talking about a recent article that appeared in Fred
Tasker's column and he already got Dewey Knight in the wrong neighborhood.
Furthermore, he tried to get my name into the act so that at least somebody
could read the column. He purposely - well, you know if it weren't for me the
Herald wouldn't sell so much newspapers. He purposely lied in the column,
either that or he got some very erroneous information and, again, he didn't
follow up. He takes pride in saying that his column is not a gossip column
but he never takes the time to call people up to verify the information.
Therefore, it falls into a gossip column. He states that work was being done
in Natoma Street to correct the street and political of moving
to fix the street and that I lived around the corner. Well, it's the only
thing he got right - that I lived round the corner, but in Espanola I lived on
Natoma and no work is being done in Natoma. The work is being done in
Espanola Street.
Mrs. Kennedy: Maurice Ferre lives on Espanola.
Mr. Carollo: That's correct. So I hope that Mr. Cather's department sends
him the appropriate information.
Mr. Dawkins: Do we want to give the $50,000 for this or not?
83 February 26, 1987
Mrs. Kennedy: No.
Mr. Dawkins: Okay, no problem. That's the end of that.
Mr. Plummer: Mr. Manager, I am in receipt of your letter which you sent to
Mr. Taylor on the property as I brought up this morning. I only have one
problem with your letter. We should keep you informed if the title is
transferred. It's not going to ... You give an indication here it's in the
works of being transferred.
Mr. Odio: Part of it is. What I am saying is don't issue any permits until
we tell him that we have given title to Dade County.
Mr. Plummer: Okay. You think that's adequate?
Mr. Odio: Yes, sir.
Mr. Dawkins: The other thing I have is ...
Mr. Plummer: Can I go back to that Espanola very quickly?
Mr. Dawkins: Go right ahead.
Mr. Plummer: Mr. Manager, I received some calls from people who live on that
street. They say the construction is now finished and the construction
company has abandoned and gone. The place is filthy. They have not gone back
and done the landscaping. They've not gone back and cleaned up, nor taken
away the debris.
Mr. Dawkins: That must be in Liberty City.
Mr. Plummer: Well, maybe they made a mistake.
Mr. Dawkins: No problem.
Mr. Eads: I think, Commissioner, there is some additional paving that has to
be done there before they finish the cleanup.
Mr. Plummer: Jack, they've got debris all over everywhere. They need to go
clean it up. It looks like hell.
Mr. Dawkins: They wouldn't dare do that no place but in Liberty City.
Mr. Odio: May I ask do we go ahead and bring the Oprah Winfrey Show to Miami,
then?
Mayor Suarez: Is that the will of the Commission?
Mr. Dawkins: Nobody said nothing about it.
Mr. Plummer: As far as I'm concerned - are you making the motion? - I second
it.
Mr. Dawkins: Yes, I'll make the motion.
Mr. Plummer: I second it.
Mr. Dawkins: The other thing, Commissioners ...
Mayor Suarez: Wait, moved and seconded. Call the roll on that.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 87-217
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $50,000 FROM SPECIAL
PROGRAMS AND ACCOUNTS IN ORDER TO BRING THE OPRAH
WINFREY SHOW TO MIAMI TO EXPOSE ALL THE MANY POSITIVE
ASPECTS OF THIS CITY.
84 February 26, 1987
Upon being seconded by Commissioner Plummer, one 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.
Mr. Plummer: That's for the Marine Stadium, right?
Mr. Dawkins: Right. Once before ...
Mr. Plummer: What date?
Mr. Dawkins: It's got to be negotiated, JL. Whatever open date they have.
Mr. Plummer: I want to remind you, now, you know, the city has backed the
triathlon and that's May 3rd, I believe.
Mr. Eads: That's the bicentennial.
Mr. Plummer: Yeah, but that's national TV so try to stretch it where it's not
the same week.
Mr. Dawkins: That's right.
Mr. Odio: Okay.
--------------------------------------------------------- ---------------------
36. ALLOCATE $25,000 FOR THE MISS COLLEGIATE BLACK AMERICAN PAGEANT; URGE
TOURIST INDUSTRY COALITION TO LEND SUPPORT
----------------- ------------------------------ -------------------------------
Mr. Dawkins: Once before we were dishing out money up here and when I raised
a question of what percentage of it could I get for the Miss Black Collegiate
Pageant, I was told none, but when time come we could find some. I'd like to
know where we're going to find it and if we're going to find it, and how much
we are going to find.
Mr. Plummer: I assume you're asking of the administration and not of these
people.
Mr. Dawkins: Yes. Once before when I was up here we were doing something
with some money and when I raised the question that a part of it should be
taken out and reserved for the Miss Black Collegiate Pageant, they were saying
no, don't do that. When time come we'll guarantee you we'll find some money,
and I need to know where we can find it. No such animal?
INAUDIBLE BACKGROUND COMMENT NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: Well say no money, that's all.
Mr. Odio: We have no funds.
Mr. Dawkins: You have no money in -
Mr. Odio: Commissioner, as you are aware, we asked them to go to the Greater
Miami Convention Bureau and Visitors. They went there and I found out
yesterday that they did not request funds from the Greater Miami Convention.
They did not request the funds.
Mr. Dawkins: Now, hold it. Yes they did.
85 February 26, 1987
Mr. Frank Mercado: Yes, we did, Mr. Manager.
Mr. Dawkins: But the Commission told us, you and I, yesterday that they do
not fund these type of activities.
Mr. Odio: I'm sorry, Commissioner, but when I was leaving yesterday, one of
the staff persons came and said that when they came in front of them they did
not ask for funds, they asked for help in other areas and I don't know who is
saying ...
Mr. Dawkins: OK, but I asked for money yesterday.
Mr. Odio: You did?
Mr. Dawkins: I asked for money, so, see, I'm not going to let them play us
against each other. I'm not going to let them say that he was Black and came
in asked for no money. I asked for money.
Mr. Odio: You did?
Mr. Dawkins: All right, and they told me "hell, no". So whether he asked for
it or not is irrelevant.
Mr. Odio: Fine, it is irrelevant. They would have said no, anyway.
Mr. Dawkins: Okay, thank you. That's all.
Mr. Odio: What they did give him was all the hotel rooms and meals, I
understand, and transportation.
Mr. Mercado: No. Mr. Manager, they are assisting with some of these things.
As of yet, we haven't done anything on that.
Mr. Odio: Well, somebody's not telling the truth here because they told us
yesterday ...
Mr. Dawkins: Okay, I have a list. I got a guy to call. I don't have any
problem with them delivering what they say they are going to deliver. I don't
have no problem with that. What I have a problem with is what this Commission
can do, sir. That's what I got a problem with, okay? All that other stuff
... right now, what can we do? No, no, no. I'm asking my Commissioners,
okay? Now, the Manager says there's no money, right? Now, when we awarded
money to something and I don't feel like going back researching ...
Mr. Plummer: As I recall, didn't we make a promise that if they were turned
down by TDC that we would come up with 25?
Mr. Dawkins: Yes, we did, J.L.
Mr. Plummer: That's what I recall.
Mr. Dawkins: That's right.
Mr. Plummer: You wanted 50 and we said ... We came up with some in hand.
How much did we come up with before?
Mr. Mercado: Okay, last year we got 65 ...
Mr. Plummer: No, no, no. At the last meeting.
Mr. Mercado: There were no figures discussed, sir. The exact words of the
Mayor, sir, were that if we were not successful with this particular group to
come back, and no figures at all were discussed. Our request was for $65,000
at that time.
Mr. Plummer: Well, you'll not get 65. Now, be reasonable.
Mayor Suarez: This morning, the Commission offered a reward for the arrest
and conviction of someone who apparently has died, as far as we can tell. A
fellow who allegedly raped a 12-year-old girl, so we found $25,000 this
morning.
86 February 26, 1987
•
•
Mr. Plummer: I'll make a motion that we give them $25,000.
Mr. Carollo: I second the motion.
Mayor Suarez: The least we could do is to come up with some kind of money now
that we have some corporate titans like Eugene Jackson and they are obviously
going out to the private sector for ... in accordance with city policy.
Mr. Eugene Jackson: We are trying our best to do the best project possible.
The previous two years resulted in last year being $65,000. We are honestly
up to around $100,000. Last year's budget was about $175,000. We have not
gotten those funds from the public sector this year. We have gotten the
lion's share of those funds from the private sector, so I think in the context
of ...
Mr. Plummer: Gene, look, you know, there was an entirely different set of
circumstances last year. Last year the host committee was given $350,000 by
the TDC. The TDC is out of existence and the host committee is out of money.
You had an entirely different set of circumstances last year. This year, it's
not there.
Mr. Jackson: Does that mean a bed tax?
Mr. Plummer: The bed tax of the TDC has now gone over to the outfit that
turned you down, which is the TIC. The county gave every bit of that money to
the TIC.
Mr. Jackson: Well, let me suggest that we certainly appreciate the funds that
have been offered. It would be very helpful if - not 65 - but if we could go
a little higher to help make it at least equivalent to last year which was, in
fact, below average then. We just need ... that 50 would take us over to
where we had to go. It's very, very important.
Mr. Plummer: Ain't got it. We don't have it.
Mr. Mercado: Mr. Mayor, Commissioners, let me explain to you why perhaps this
is worthy of ...
Mr. Plummer: You can stand there and talk all day. We don't have the money.
Now, if there was the money there, I tell you right now, I told you before,
I'd make the motion. Now, I'm telling you there was a different set of
circumstances. I'm going to catch hell for the 25.
Mayor Suarez: 'What about the Host Committee?
Mr. Plummer: They've got no money.
Mayor Suarez: They've got no money? No private sector money that they could
pump in for this kind of event? I bet you that some money could be found from
the participants in the Host Committee.
Mr. Plummer: Mr. Mayor, let me tell you what irritates me. The TIC has
$600,000 in reserve.
Mr. Carollo: How about the county? How much you got there?
Mr. Mercado: We're going before them next week. In addition to the Pageant
itself which is being co -produced by Motown and will be held here on March
31st, we're going to do, in the fall, a 30 city promotional tour that I know
you're familiar with, Commissioner, that will be an extension of the Pageant
and will be at no additional cost to the city. What we will do then,
Commissioners, is go to Black college campuses on it all over the country,
like we did this year, hold banquets, receptions, on the campuses and invite
those students to come to Miami for the Pageant. As a result of last year's
tour, this year we've got a commitment of 5 busloads of students from all over
the country, not counting the possibly hundreds of students who will come on
their own for the Pageant, and we feel that this 30-city tour ... Well, at
last year's 30-city tour we gave out posters of the city, we put together
travel brochures and made it available, and people are booking all the time to
come in for this year. The additional monies that we would request would be
not only just for the Pageant, which has a number of corporate sponsors and
will include a president's conference ...
87 February 26, 1987
Mayor Suarez: Let me make a suggestion because we're not getting anywhere.
Can we get off a letter this afternoon - I think this entire Commission would
be happy to endorse the concept, but at least get it from myself, or any other
Commissioner, or the Vice -Mayor that we ask the Host Committee members to see
if any one of them would be willing to participate with additional private
sector contributions. The Host Committee is a private public venture and
occasionally someone will contribute to an event of this sort. I have a
feeling they would if we got a letter off right away, Gene.
Mr. Mercado: Tell him we did go before them.
Mr. Odio: Mr. Mayor, the Host Committee stepped out. They have no funds.
Mr. Plummer: They're flat broke. See, the TIC's got that $600,000 and they
won't shake it loose. A number of us have been down there trying to shake
some of it loose for TV origination and at this point they won't shake a dime
loose. Let me tell you how bad it is. The "Good Morning, America" program
right now that's on, they committed 25, we committed 25, Fisher Island
committed 25. At the very last minute they withdrew their 25 offer and Fisher
- had to come up with 50 or that program would not be coming from Miami right
now.
Mr. Dawkins: Okay, I'll go. I mean, I would like for you guys to go with me
to their next meeting.
Mr. Plummer: You're on the executive committee, right?
Mr. Dawkins: Yeah, I'm on the committee. I'd like for you to go with me
there and let's just, you know, put them on - Plummer said they got $600,000.
Let's find out what the hell they're going to do with it because I told them
yesterday, I have no problem to get on national TV with some signs saying
they're a bunch of racist bastards! And I don't have a problem with it.
Mr. Carollo: Come on, Miller, you say they are a bunch of racists but don't
say bastards.
Mr. Dawkins: Why?
Mr. Plummer: Let's go ahead and get you your 25.
Mayor Suarez: Let the record reflect that they are legitimate racists and not
illegitimate racists!
Mr. Dawkins: Okay, that's all. We got 25.
Mr. Plummer: Let's get the 25, now, in pocket.
Mr. Dawkins: And I'll ask to have it scheduled on the agenda for the next TC
meeting where I'm a nonvoting member on there and see what we can do.
Mr. Jackson: All right, we certainly would appreciate receiving that letter
of support from all the Commissioners. That would be very helpful and we
certainly will go with Miller to the meeting.
Mr. Plummer: Why don't we, instead of doing a letter, why don't we just pass
a resolution and send it to them.
Mayor Suarez: Okay, why don't you make that in conjunction with the prior
motion that we never approved?
Mr. Carollo: I move.
Mr. Plummer: I so move.
Mr. Dawkins: Joe moves, seconded by Plummer.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
88 February 26, 1987
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 87-218
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, IN SUPPORT OF THE MISS COLLEGIATE BLACK AMERICAN
PAGEANT TO BE HELD MARCH 31, 1987; FURTHER URGING THE
TOURIST INDUSTRY COALITION TO ASSIST THE
REPRESENTATIVES OF THE MISS COLLEGIATE BLACK AMERICAN
PAGEANT IN CONNECTION WITH THE REQUIRED FUNDING FOR
THE STAGING OF SAID PAGEANT; SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
ADMINISTRATIVE POLICY NUMBER APM-1-84, DATED JANUARY
24, 1984.
(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.
ABSENT: None.
Mr. Jackson: We appreciate your involvement. Thank you.
Mr. Plummer: Wait a minute. The City Attorney's asking me a question. If
we're giving 25, they want to ask the TIC for 40, not 25.
Mr. Dawkins: You want to ask the county for 25, too?
Mr. Plummer: Well, yes, but if you don't ask for ...
Mayor Suarez: Yeah, they should go to the Bureau for 40. That would make
sense in view of last year's 65 allocation. Did we finish the roll, Madam City
Clerk?
Ms. Hirai: Yes, sir.
37. DISCUSSION AND CONTINUANCE OF CONSIDERATION OF PROPOSED BILLBOARD AT
APPROXIMATELY 305 S.W. 1 STREET- PENDING LEGAL QUESTIONS
Mayor Suarez: Item PZ-1. We're back to that.
Mr. Guillermo Olmedillo: Commissioners, PZ-1 is ...
Mr. Plummer: Can you stop for a minute? Mr. Mayor and, Al, this is for your
benefit. The City Attorney was just whispering in my ear, and I think we
ought to get the record clear that there seems to be a legal dispute on this
particular location that she has just brought to my attention, so I think the
members of this commission need to hear what the legal dispute is before we go
any further. It's already assigned there, I understand. Madam City
Attorney -
Mrs. Dougherty: I believe Mr. Cardenas would probably explain it, but there
is a sign there now that they are contending is illegal. If the sign that is
presently there now is legal, then Mr. Cardenas's sign may not be approved.
Do I have that right?
89 February 26, 1987
Mr. Al Cardenas: For the record, my name is Al Cardenas. I am an attorney
practising law here in the city of Miami and I represent the applicant. My
personal feeling on this matter procedurally and legally is that what we have
before us this afternoon has no legal bearing on the source of the conflict.
Now, let me explain myself, if I can. We are in full compliance with being
eligible for becoming the tenth of the ten authorized signs based on the
ordinance that this city adopted a year or two ago.
Mr. Plummer: The county. The county adopted the number ten.
Mr. Cardenas: Excuse me, the county. The state of Florida has taken the
position that we may be in conflict with another sign vis-a-vis state
regulations. We're taking a legal position that if there is a conflict it is
a problem with the other sign and not with ours, but in no event do we have at
issue any of the ... At any event, there's no legal issue whatsoever, as far
as I know, relative to any of the city's ordinances under which you tender
your judgment. Our problem is with the state of Florida, if there is a
problem, but certainly not with the city of Miami. And, as I understand it,
assuming, for the sake of argument, that you decide to approve what I have
before you this afternoon, I would then have to go to the state to obtain a
permit. If I do battle with the state and I am successful with the state,
obviously I can erect a sign, or my client can. If I am unsuccessful,
legally, then of course the issue becomes moot because I no longer am able to
erect a sign, so - but those legal issues that I have to address I have to
address to the state of Florida, not with the city of Miami. That's my
understanding, Mr. Plummer.
Mr. Plummer: Madam City Attorney -
Mrs. Dougherty: I concur with his assessment of the facts. The only thing
that I am concerned about for the city is that I would recommend that you ask
him and his client to indemnify the city from any legal action that could
occur because this other permittee is somehow found to be in violation or
otherwise wants to fight the city.
Mr. Plummer: Is that possible for him to do, or his client to do?
Mr. Cardenas: I would be willing, on behalf of my client who is here with me
this afternoon, to agree to indemnify the city of Miami relative to the
actions it would take this afternoon. That indemnification, of course, we
would be willing to do. In other words, nothing that you would do this
afternoon would be a repercussion to you and we would indemnify and hold you
harmless relative to any actions you take this afternoon.
Mrs. Dougherty: Including a challenge by the other permit holder that we
should not have issued this permit.
Mr. Plummer: Excuse me. How can this man hold us harmless from the other
person who might sue us.
Mrs. Dougherty: Because they could step in and defend the city's action in
this case. It would be in the nature of an injunction. They can step in and
defend their own ... they're the real party in interest here. We wouldn't
have to defend ourselves and in case there were any damages because the other
side's sign got erected and now they have to take it down, they would pay the
damages.
Mr. Plummer: What you're saying, then, is that the sign that is there
presently, if the company who owns that sues the city, you're looking to this
company who is now asking us to issue a permit to defend us and to hold us
harmless and to pay any awards.
Mrs. Dougherty: Correct.
Mr. Cardenas: Well, but my position ... That's heavy and I ... let me tell
you ...
Mayor Suarez: It's time for the policy question whether we should have any of
these billboards.
Mr. Plummer: Give us your blank check, Al!
90 February 26, 1987
Mr. Cardenas: Let me tell you what I think we would agree to do and I hope
... this is my understanding of the thing. As I said earlier, if the other
company sues the city of Miami and they prevail legally on the grounds that
you should not have tendered this decision this afternoon, for that I would
indemnify - my client would indemnify - the city of Miami. But if they sue
the city of Miami relative to matters which dealt with their earlier
application and the city of Miami originally with their application didn't act
properly, I couldn't issue a blanket indemnification. It wouldn't be
appropriate. Do you follow what I am saying?
Mrs. Dougherty: I do follow what you're saying.
Mr. Dawkins: Madam City Attorney, when this came up I said that I was
supporting the signs because I wanted to have a control on what signs go
there. If I decide that 9 signs is enough and I don't want any more and I
make a motion to deny this, is that proper?
Mrs. Dougherty: You may deny it, but based on the findings that are in the
ordinance, in other words you have to review it, you have to let the applicant
present his case, and if you find that it is not appropriate to issue the
special exception for the sign, then you may deny it.
Mr. Dawkins: Okay, but I would be within my rights to deny it.
Mr. Plummer: Oh, at any time.
Mrs. Dougherty: After the presentation.
Mrs. Kennedy: Being as I always have against billboards, if you want to make
your motion I will be very willing to second it.
Mr. Dawkins: Let's give him the courtesy of hearing him and then do it.
Mr. Plummer: No, no. Hear it first.
Mr. Pierce: Mr. Dawkins, I think it would be best if we got to the
presentation, we hear from staff and from Mr. Cardenas and then let the
Commissioner make a decision.
Mr. Plummer: Wait a minute. Excuse me. Not knowing what will happen with
these five people sitting up here, I want this legal matter resolved first.
I'm sorry. I understand what they are saying and what they're intending to do
after they hear a full presentation and the very eloquent counselor here, but
my bottom line is that the City Attorney is telling me "hey, hold on to your
checkbook". Now I want that matter resolved before we hear anything. You
know, and I am always ready to tell you that I am ready to agree with Mr.
Cardenas that to ask that is out of line, but if that's what you're telling
me, then he has got to proffer it or I'm not going to hear it, Al. When she's
recommen...
Mr. Cardenas: Well, let me suggest this, if I can, to the members of the
Commission because I think it is a legal issue which I ought to clarify with
your City Attorney, and I haven't, and I think you have at least understood
the spirit from us on this thing and you've got to make a determination as to
what the City Attorney's and Manager's recommendation is. If you would like
to continue this matter to your next meeting, perhaps that's the most
appropriate setting possible, but I think it is very difficult to deal with
these complex issues at this public hearing before counsel and I have a chance
to discuss...
Mayor Suarez: We could continue to 19951
Mr. Cardenas: Well, I was kind of thinking in 15 days or 30, Mr. Mayor, but
of course that's up to you.
Mayor Suarez: If I have absolutely any discretion in the matter, you know how
I'm going to vote, so, and that's not to allow any more billboards. What's
the Commission's pleasure? Do you want to wait till we get some of the legal
aspects of this resolved? That's what you seem to imply.
91 February 26, 1987
Mr. Plummer: As far as I'm concerned, Al, I want to tell you something. I
thi"k you need to resolve it from my point with the City Attorney. Now, I'll
hear the rest of it after you do that, but I'm not going to let myself, after
she has gone on the record, put this city in jeopardy for any kind of a
lawsuit and have her come back and say "ha, ha, ha, ha"!
Mr. Cardenas: I think what I'm trying to say is that we are dealing with some
potentially delicate language and to place the City Attorney and myself in
that position at this time would not be fair to the city or to my client and
my suggestion is if you are not willing to hear the merits of the case until
that's resolved, my answer, I guess, is that I don't feel comfortable in
resolving it within the next five minutes, and therefore I would respectfully
request that you continue this matter until the next hearing so in the
intervening time period she and I have a chance to meet and discuss the
matter.
Mr. Plummer: I have no problem with that.
Mrs. Dougherty: That's fine.
Mr. Plummer: I have no problem with that, Al, but somehow or other she's got
to come back and tell this Commission that we are now on safe ground and I
don't think you can put us down for wanting that.
Mr. Cardenas: Well, I think where you want to be is ... I'm not so sure safe
ground is fair from my client's perspective. I think where you want to be is
in the event that rule favorably for my client, you want to be in no worse
position legally with the other people than you were before you made that
ruling. I think that's a fair statement.
Mr. Plummer: No question.
Mr. Cardenas: In other words, whatever has happened to date with those
people, that is an exposure that it wouldn't be fair for us to cover.
Whatever exposure would exist as a result of our participating in the process
then you would, of course, want us to participate.
Mr. Plummer: Al, you and I both know how things work around here. Okay? If
you prevail here this afternoon and he's got to take that sign down, you know
you're going to court. There's just no question about the fact that you're
going to go to court. What I think she's trying to do is to protect us from
saying "hey, when they go to court, knowing that they are, one of the two's
going to go to court, don't drag the city in it and expose the city to more
expenses.
Mr. Cardenas: What I am trying to tell you is if you voted against me and
they have to take their sign down anyway, which is a possibility, then I
wouldn't want to be responsible for it.
Mr. Plummer: But that is by a state action and not a city action.
Mr. Cardenas: Could be by City action, that is why I am concerned about it.
Mayor Suarez: OK, do we have it in the form of a motion to continue,
Commissioner?
Mr. Plummer: I'll move that it be deferred until the 31st of March, next
zoning hearing, for the purposes of getting this matter resolved.
Mayor Suarez: From the legal aspects of who...
Mr. Plummer: Yes. Well, if there is any other questions, bring them up and
let's get them resolved before the next hearing so we can decide on this
matter one way or the other.
Mayor Suarez: Is that in the form of a motion?
Mr. Plummer: Yes, sir.
Mayor Suarez: Do we have a second?
Mrs. Kennedy: Second.
92 February 26, 1987
Mayor Suarez: Seconded. Any discussion from the Commission? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-219
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED
RESOLUTION ALLOWING ONE OUTDOOR ADVERTISING SIGN
STRUCTURE AT APPROXIMATELY 305 S.W. 1 STREET TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR MARCH 13TH,
IN ORDER THAT ALL PENDING LEGAL ASPECTS ON THIS ISSUE
MAY BE RESOLVED.
Upon being seconded by Commissioner Kennedy, 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.
Mr. Plummer: To the 31st of March.
Mr. Cardenas: OK. Excuse me, Mr. Plummer, I'm going to be out of town on the
31st. Can it be the meeting thereafter?
Mr. Plummer: Well, the next zoning meeting is not until April 23rd. Well,
wait a minute, let me try to do this, because we have somewhat inconvenienced
you. Can you be ready on March 13th, Madam City Attorney?
Mrs. Dougherty: Excuse me?
Mr. Plummer: Can you be ready and answer on March 13th?
Mrs. Dougherty: Yes.
Mr. Plummer: March 13th, so...
Mrs. Dougherty: If you get together with me.
Mr. Plummer: OK?
Mr. Cardenas: Fine, thank you very much.
Mayor Suarez: OK, the motion incorporated march 13th instead of the 31st.
Call the roll. Did we call it already? Motion is corrected to incorporate
that date. Oh, on that more successful venture of yours, congratulations on
being elected State committee man.
Mr. Cardenas: Thank you very much. I assure you, I will continue to be a
nice, humble man you have known before.
Mr. Carollo: Maybe you could even talk the Mayor into becoming a Republican.
Mr. Cardenas: Well, it is not an easy task, but I shall try.
Mr. Plummer: Is that of the Republican party?
Mr. Cardenas: That's correct.
Mr. Plummer: My condolences! I want you to always remember, Al, as head of
the Republican party, we will be glad to kiss your elephant, if you will kiss
our donkey.
93 February 26, 1987
Mr. Cardenas: Well, hopefully, we can work out a mutually satisfactory
arrangement.
Mayor Suarez: Just don't change the terms, leave them. Leave the terms just
like that, no synonyms.
38. AUTHORIZE ADDITIONAL MEZZANINE SPACE AT 1221 BRICKELL PROJECT.
Mayor Suarez: PZ-2.
Mr. John Lefley: John Lefley, representing the Planning Department. The 1221
Brickell Avenue project is completed, and the applicant, or the developer,
Adler Group, has requested a final certificate of occupancy. We reviewed all
the conditions of the development order and the major use and we are in
complete agreement that they have satisfied, or will satisfy all of the
conditions contained in those documents.
Mr. Plummer: Why is it before us, then?
Mr. Lefley: I will get to that in one moment. Some of the highlights of the
conditions are that they have paid their fair share for police and fire
services. They have paid approximately $25,000 for construction of clay tennis
courts at Moore Park and they have paid approximately $127,800 into the
Affordable Housing Trust Fund. The reason they are here today...
Mayor Suarez: Which now has about $260,000, approximately twice that figure.
Why are you here today, or why are they here today?
Mr. Lefley: They are here today, because they are requesting the addition of
2,500 gross square feet of a mezzanine, which is not included in the original
development order.
Mayor Suarez: Contained within the building structure?
Mr. Lefley: Within the first floor at the 12 foot level.
Mayor Suarez: That adds to the F.A.R.
Mr. Lefley: In only a minuscule way.
Mayor Suarez: Is that right?
Mr. Lefley: It does not constitute a substantial deviation in any way. The
second thing they are asking...
Mayor Suarez: Is that your opinion, that it is not a substantial deviation?
Mr. Lefley: It is also the opinion of the South Florida Regional Planning
Council, and of the Planning Department.
Mrs. Kennedy: Will this be for the exclusive use of the bank?
Mr. Lefley: Yes, it will be. The second request of the Adler Group is the
permission to amend the development order so that they must begin construction
of the mezzanine within two years, and they must finish it within four years.
In conjunction with this the Planning Department requested that the Adler
Group prepare a new traffic study. They did prepare one, and the conclusion
that we concur in is that there will be no degradation of the level of service
for movement of traffic, and all adjacent streets of the project; also that no
additional roadway improvements would be required.
Mayor Suarez: Let me just check one thing. Is there anyone here that wishes
to be heard in opposition to this application? Let the record reflect that no
one stepped forward. I'll entertain a motion on this, unless the Commission
has some questions.
Mr. Plummer: I so move. I move to grant them the request.
94 February 26, 1987
•
Mayor Suarez: So moved. No second, anybody? Please give me a second.
Mr. Plummer: Yes, I'll second.
Mayor Suarez: Seconded, any discussion?
Mr. Plummer: Isn't this the building we went to the other night?
Mrs. Kennedy: Yes.
Mayor Suarez: Absolutely.
Mr. Plummer: Gorgeous building!
Mrs. Kennedy: It is.
Mayor Suarez: Beautiful building, congratulations!
Mr. Plummer: Gorgeous! The way that thing is laid out, it is simply a
gorgeous building, I want to tell you.
Mrs. Kennedy: This is not a big change.
Mr. Plummer: Well, you know, hey, I think this Commission needs to go about
the business of helping those who are making this City look better.
Mrs. Kennedy: That's right.
Mr. Plummer: And God knows that building is a tremendous asset to this
community.
Mayor Suarez: How is the occupancy, the tenancy?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Sixty percent? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 87-220
A RESOLUTION AMENDING THE 1221 BRICKELL PROJECT
DEVELOPMENT ORDER (RESOLUTION 84-589, MAY 24, 1984), AND
MAJOR USE SPECIAL PERMIT (RESOLUTION 84-723, JUNE 28,
1984) A DEVELOPMENT OF REGIONAL IMPACT, LOCATED AT 1221
BRICKELL AVENUE BY AUTHORIZING AN INCREASE IN RETAIL SPACE
FROM 6,981 GROSS SQUARE FEET TO 9,481 GROSS SQUARE FEET,
THEREBY PROVIDING AN ADDITIONAL 2,500 GROSS SQUARE FEET OF
RETAIL AREA; FINDING THAT THE AMENDMENT DOES NOT
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380,
FLORIDA STATUTES; AND DIRECTING THE CITY CLERK TO SEND
COPIES OF THE HEREIN RESOLUTION TO SPECIFIED AFFECTED
AGENCIES AND INDIVIDUALS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
ON ROLL CALL:
95 February 26, 1987
Mayor Suarez: Before I vote, that 60 percent doesn't include the free office
you are giving to the City of Miami .+' voL ve—en'* aware of that, huh?
OK, I vote yes.
Mrs. Kennedy: You mean that whole floor?
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:28
P.M. AND RECONVENED AT 5:02 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
NOTE FOR THE RECORD: VICE -MAYOR PLUMMER RESTATES HIS INTENTION TO LEAVE THE
MEETING AT 6:00 P.M.
--------------------------------------------------------------------
39. SECOND READING ORDINANCE: AMEND COMPREHENSIVE NEIGHBORHOOD PLAN AT
APPROXIMATELY 364-66 N.W. 26 AVENUE AND 373-457 N.W. 27 AVENUE FROM
SCHOOLS, CHURCHES, CULTURAL TO LIBERAL COMMERCIAL.
Mayor Suarez: P-Z item 3.
Mr. Olmedillo: Mr. Mayor, Commissioner, Planning and Zoning item 3 and 4 are
related items.
Mr. Plummer: I move item 3.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded, any discussion? Anyone from the general
public wishes to be heard on this item? Let the record reflect no one has
stepped forward. Call the roll, read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 364-466 NORTHWEST
26TH AVENUE AND 373-457 NORTHWEST 27TH AVENUE, (MORE
PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION
OF THE SUBJECT PROPERTY FROM SCHOOLS, CHURCHES,
CULTURAL TO LIBERAL COMMERCIAL USE; AND REDESIGNATING
THE EAST TEN FEET OF THE PORTION LOCATED AT 364-466
NORTHWEST 26TH AVENUE TO LOW MODERATE DENSITY
RESIDENTIAL; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of January 22, 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. 10227.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
96 February 26, 1987
------------------------------------------------------------------------------
40. SECOND READING ORDINANCE: CHANGE ZONING AT APPROXIMATELY 364-66 N.W. 26
AVENUE FROM RG-1/3 TO CG-1/7.
------------------------------------------------------------------------------
Mr. Plummer: I move PZ-4.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion on item 4? Anyone from the
general public wish to be heard on this item? No one has stepped forward. Call
the roll, read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 364-466 NORTHWEST 26TH AVENUE, MIAMI,
FLORIDA, LESS A PORTION THEREOF, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL
(ONE -AND TWO-FAMILY) TO CG-1/7 GENERAL COMMERCIAL BY
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 34 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of January 22, 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. 10228.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
41. VICE MAYOR PLUMMER COMPLAINS ABOUT AIR CONDITIONING SYSTEM IN CITY HALL
CHAMBERS.
Mr. Plummer: Mr. Manager, it is 80 degrees in this place.
Mrs. Kennedy: Yes.
Mr. Plummer: Now...
Mr. Carollo: It is like this every meeting, it is ridiculous.
Mr. Plummer: What are we going to do? I read in the newspaper of the
millions of dollars we have spent at City Hall.
Mrs. Kennedy: Yes, but you also read that he doesn't about cost.
97 February 26, 1987
Mr. Plummer: He doesn't know anything about air conditioning,
Mr. Carollo: I will tell you what, I'll make a motion that the City spend
whatever it needs to get some decent air conditioning here.
Mr. Plummer: Don't do that, Joe, don't do that!
Mr. Carollo: After we see the amount.
Mr. Plummer: The bills.
Mr. Pierce: Mr. Plummer, we promise you, we will have this tomorrow morning,
we will be in it.
Mr. Plummer: Yes, but we will be out of here tomorrow morning.
Mr. Dawkins: But like they say, we go through this every meeting, it is
uncalled for.
Mr. Carollo: Every time there is a meeting here, it is the same thing.
Mayor Suarez: Has anything been done, based on all the complaints that we
have had here? Please check into it.
42. SECOND READING ORDINANCE: AMEND COMPREHENSIVE NEIGHBORHOOD PLAN AT
APPROXIMATELY 3621-31 S.W. 22 TERRACE FROM LOW MODERATE DENSITY
RESIDENTIAL TO RESIDENTIAL COMMERCIAL USE.
Mayor Suarez: Planning & Zoning item 5.
Mr. Guillermo Olmedillo: PZ-5 and PZ-6 are related items again. The PZ-5 is
the plan amendment from low -moderate density residential to residential -
commercial and the item PZ-6 is a change from RG-1, to CR-3/7. This is a
second reading. The Planning Department has recommended approval with the
restrictions of the covenant, which is included. Basically the covenant is
limiting the access from 22nd Terrace. It is eliminating the access from 22nd
Terrace, including a 20 foot buffer, and it is including a limitation of the
height of the building for the first southern fifty feet. There is also a
proffered amount of $5,000 to the Park Improvement Fund.
Mrs. Kennedy: I have only one problem with the covenant, and I'd like to ask
you if on "D", where it says, Local Park Contribution - "A contribution amount
of $5,000 should be paid to the City of Miami prior to issuance of any
building permit for the property, which contributions shall be applied by the
City for Parks Improvement Trust Fund for child care facilities," which is
perfect, that is what I asked for, and I see that is what I am getting.
However, it goes on to say, "...In the vicinity of the property." Well, I'd
like that deleted, because there might be none within the vicinity of the
property, and "...and shall be credited against future impact fees for parks
as they be enacted by the City," I think that is an unnecessary language which
could be committing us in the future. I would like to delete all that.
Mr. Plummer: Just make it as outright contribution.
Mrs. Kennedy: Right. "Applied by the City for Parks Improvement Trust Fund
for child care facilities." End of paragraph.
Mr. Plummer: Sure.
Mrs. Kennedy: Great, and I so move that, that is the only...
Mr. Juan F. Berry: As long as we are not penalized further and the other
people that will be doing the same thing, we have no objections.
Mr. Plummer: That is not what she said, sir.
Mayor Suarez: They are not before us, though.
98 February 26, 1987
•
Mr. Plummer: You are before us?
restriction?
Do you agree to remove that voluntary
Mr. Berry: Yes.
Mr. Plummer: Oh, that is fine, OK.
Mr. Carollo: Juan, I think the City Clerk is asking that...
Mayor Suarez: Please state your name into the record so we know who as
spoken.
Mr. Berry: My name is Juan F. Berry.
Mayor Suarez: Get a little closer to the mike.
Mr. Berry: My name is Juan F. Berry, I reside at 1519 Cecilia Avenue, Coral
Gables.
Mr. Carollo: OK, who is going to be representing the Planning Department on
this? Will you be?
Mr. Olmedillo: Yes, sir.
Mr. Carollo: OK, my understanding is what is here before us now is quite a
difference from what was presented in the last Commission agenda, what was
written, the last Commission agenda. What I want to make sure is, that they
are going to apply the same requirements that we made of two other properties
that came before this Commission before they did in the last few months. I
want to make sure and state into the record, that unlike what they originally
were requiring, that there is not going to be any exiting or entering from
22nd Terrace. That is correct, right?
Mr. Olmedillo: That is correct. On the record, at the last meeting, they
changed their request to exclude any access on the 22nd Terrace side.
Mr. Carollo: Secondly, they are going to be leaving a 20 foot buffer zone?
Mr. Olmedillo: That is correct.
Mr. Carollo: Correct?... in the back? And that buffer zone will be
landscaped.
Mr. Olmedillo: Landscaped, and the plans shall be approved, or submitted for
approval to the Planning Department.
Mr. Carollo: OK, also, another point, it was not in the agenda that was given
to us on first reading on this, the rezoning will apply to everything but a
foot, the last foot, that is facing that 22nd Terrace, correct?
Mr. Olmedillo: That foot shall be excepted from the change, therefore the
access is not possible, because when we have a commercial property, it cannot
be accessed through a residential property.
Mr. Plummer: It also eliminates transitional. If you don't rezone that one
foot, that eliminates the transitional.
Mr. Olmedillo: Well, they can...
Mayor Suarez: It eliminates the possibility of somebody claiming a domino
effect, or that they are adjacent to a commercial...
Mr. Olmedillo: Going on the other side of the street, yes, sir.
Mayor Suarez: Right.
Mr. Carollo: Not only that, but what it does is, if you...
Mr. Plummer: Exactly, exactly.
99
February 26, 1987
Mr. Carollo: If they would not have done that, like they did not want to do
it originally, the zoning really, would go up the middle of the street and
therefore you are really crossing over already.
Mr. Plummer: And this stops it.
Mr. Carollo: Yes. Now, the other two projects that came before us, as far as
the F.A.R., what is the difference of this project, between this one and the
other two that we had in the F.A.R.?
Mr. Olmedillo: The Kaituma project, which is the bigger project of the two
that were reviewed by you before, made a limitation to have a maximum of 1.5
F.A.R. on the lots which were rezoned, that is, instead of a 1.72, which the
CR-3/7 allows them to build, they voluntarily limited themselves to 1.5. The
Kaufman and Roberts, in this particular case that you are hearing now, do not
make any restrictions, additional, to the 1.72, which is contained in the
sector 7.
Mr. Carollo: OK, now, in the back portion, the one that is facing 22nd
Terrace, that is presently zoned...
Mr. Olmedillo: RG-1/3, which is duplex.
Mr. Carollo: Yes, duplex. What is the height of their construction back
there going to be?
Mr. Olmedillo: They had proffered that for the first 50 feet, they would
limit it to 35 feet.
Mr. Carollo: Which would be two stories, right.
Mr. Olmedillo: A little bit better than two stories, sir. A story is about
10 to 12 feet.
Mr. Carollo: They are looking at about three stories.
Mr. Olmedillo: That is correct.
Mr. Carollo: OK, now, the other two properties, they limit their construction
in the back to two stories?
Mr. Olmedillo: The one, the Kaituma one, the larger one, made the same
limitations. Kaufman and Roberts case did not make that —did not proffer
that limitation.
Mr. Carollo: OK, so one did, and one did not.
Mr. Olmedillo: Yes, sir.
Mr. Carollo: OK. All right, I don't have any other questions. I just want
to get it on the record that the changes that they now have made are in
conjunction with the other two previous projects that we approved in the area.
They are not getting anything more than we have approved previously before,
correct?
Mr. Olmedillo: I have to point out that there are differences, as I have
mentioned. Kaufman and Roberts and Kaituma are not identical.
Mr. Carollo: Well, I know, one project is bigger than the other, but, again,
the bottom line, of what I am trying to get on the record is that with the new
information we have been given as to the changes that they have made to be in
conformity to what we approved before, we are not going to approve anything
that is greater than we have approved before.
Mr. Olmedillo: For the other two, that is correct, sir. That is a correct
statement.
Mr. Plummer: Let the record also reflect that my no vote in the prior hearing
was based on the fact of the agenda showing that the Planning Department was
recommending a denial - that has been corrected on this agenda, and hopefully
will be done such in the future, where they change their recommendation from
the one hearing to the next, that in fact, when these matters come before this
Commission, it will be the latest recommendation, not the original.
100 February 26, 1987
Mrs. Kennedy: Right, the Planning Department recommended denial, but I see
that the Planning Board, I mean the Planning Department recommended approval,
but yet the Planning Board recommended denial unanimously. Why is that?
Mr. Olmedillo: The Planning Advisory Board hears the plan amendment, they
don't hear the zoning change. They heard the plan amendment, by some
circumstances which I am not familiar with, the applicant, or the
representative of the applicant was not present at the P.A.B. meeting.
Mrs. Kennedy: Oh, so based on the fact that he was not present, they
Mr. Berry: No, our oversight.
Unidentified Speaker: May we...
Mrs. Kennedy: OK.
Mayor Suarez: Any further discussion from the Commission? Call the roll.
Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Ms. Hirai: I need a move and a second, Mr. Mayor, please.
Mayor Suarez: Ma'am?
Ms. Hirai: Move and second, please.
Mrs. Kennedy: I moved it, but I don't think we had a second.
Mayor Suarez: Do we have a second on the...
Mr. Plummer: Second.
AN ORDINANCE -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 3621-3631 SOUTHWEST
22ND TERRACE, (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY
EXCEPT FOR A ONE -FOOT BUFFER STRIP OF SAID PROPERTY
FROM LOW MODERATE DENSITY RESIDENTIAL TO RESIDENTIAL
COMMERCIAL USE; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of January 22, 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 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. 10229.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
101 February 26, 1987
43. SECOND READING ORDINANCE: ZONING CHANGE AT APPROXIMATELY 3621-31 S.W. 22
TERRACE FROM RG-1/3 TO CR-3/7.
Mayor Suarez: The second one is a companion item, PZ-6.
Mr. Olmedillo: That is correct, that is the rezoning.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion?
Mr. Plummer: Read the ordinance.
Mayor Suarez: Anyone wish to be heard for or against this item? Read the
ordinance. Is it an ordinance or a resolution?
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 3621-3631 SOUTHWEST 22ND TERRACE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) EXCEPT
FOR A ONE FOOT BUFFER STRIP ON THE SOUTHERLY PROPERTY
LINE OF SAID PROPERTY FROM RG-1/3 GENERAL RESIDENTIAL
(ONE AND TWO-FAMILY) TO CR-3/7 COMMERCIAL RESIDENTIAL
GENERAL BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS
MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of January 22, 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 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. 10230.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mrs. Kennedy: Lucia, have you ever done auctions? You're good.
Mrs. Dougherty: No, but you know you have to have auditions to become City
Attorney, and that is how I won.
102 February 26, 1987
------------------------------------------------------------------------------
44. LONG PUBLIC HEARING AND FIRST READING ORDINANCE: HOUSEBOATS SPI-18 LITTLE
RIVER CANAL - GROVE PARK OVERLAY DISTRICT.
------------------------------------------------------------------------------
Mayor Suarez: PZ-7.
Mrs. Dougherty: Yes, sir.
Mayor Suarez: There is some substantial modifications on this, turning it
into a first reading?
Mrs. Dougherty: Mr. Mayor, we have made some changes that would require this
ordinance to go back to first reading, but before we do, if I could take a few
minutes, just to explain where we are. The ordinance that is presently in
effect, creates a definition of a private pleasure craft, which is used
primarily for recreational purposes. Those private pleasure crafts can be
moored anywhere in the City. If you want to live aboard the private pleasure
craft used for recreational purposes mostly, you have to get a special
exception. OK, that is the ordinance that is in effect today. The ordinance
that is before you for amendment, prohibits in this district, that you are
creating, the mooring of anything defined as a house barge.
Mayor Suarez: I see illustrated...
Mrs. Dougherty: And it prohibits the living aboard any kind of vessel in
these areas, and this area covers both a commercial district, and a
residential district. That's what. I just wanted to make you clear on what
the effect of the ordinance is. Now, we have made some changes to the...
Mayor Suarez: So that the implication, what you just said, is that something
defined as a houseboat, where someone is not living there is allowable to be
moored adjacent to the properties in question.
Mrs. Dougherty: That is right.
Mr. Plummer: Let me ask you a question, this applies to the Miami River.
Mrs. Dougherty: Yes.
Mr. Plummer: How much of the river?
Mrs. Dougherty: I think they have a map showing that.
Mr. Joe McManus: It is the area between 12th and 17th Avenue south, on the
south bank of the river.
Mr. Plummer: What about all of the problems that we are having between the
12th Avenue and the mouth of the river?
Mr. McManus: This does not affect those.
Mr. Plummer: Why not? It would sure eliminate a lot of problems for us, the
Police Department.
Mr. McManus: Commissioner, we were trying to follow the instructions of the
Commission on this, and we have no objections of you want to instruct us to
continue to look at this.
Mr. Plummer: What you are saying is, you don't think that it should be
incorporated now?
Mr. McManus: I think it would bear some reflection on whether it should be
in.... I would hesitate to recommend to you to incorporate it now.
Mrs. Dougherty: If you would incorporate more land, it would have to go back
to the Planning Board.
Mr. Plummer: Well, we can always go in and do another hearing on it.
103 February 26, 1987
0
0
Mr. McManus: Yes, sir.
Mayor Suarez: That was a compromise too, that was reached so that certain
parts of the river, which don't have the residential environment of the areas
in question, still be able to have houseboats. Joe?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Dougherty: The changes that we made, by the way, were the changes in the
intent language of the ordinance, and definitional as well.
Mr. Plummer: Do the residents at northeast understand what has been said?
You don't understand it? Then, how about repeating it again so they
understand it. I don't think you will find any problem with it.
Mrs. Dougherty: OK, the ordinance that is before us will do two things. It
will prohibit the mooring of something that is defined as a house barge, that
basically looks like that thing on the... that was there. It will also
prohibit any live aboards at all in these districts on any kind of a vessel.
Mr. Plummer: Which is what you're trying to accomplish.
Mrs. Dougherty: There is not a yacht, not a house boat, not a house barge,
but a yacht, or any kind of vessel other than a house barge, can be moored
there, OK? The other thing that I want to tell you is that we are going to
read it on first reading today, and we will take it up on second reading about
a month for now.
Mr. Plummer: The reason for that, any time you make substance change, you
have to go back to an original first hearing, because if not, then it can be
challenged in court and thrown out completely.
Mayor Suarez: So we get to see you one more time again, and you get to make
another trip to City Hall, just what you love to do in the afternoons, Joe.
Mr. Plummer: You mean, if it was air conditioned.
Mayor Suarez: Do you want to add something, Joe, or do you want to make a
presentation?
Mr. Plummer: Why don't we hear from the objectors?
Mr. McManus: Mr. Mayor, I'd just like to take the opportunity - we have
received a letter from the Shoreline Development Review Committee of Dade
County, and the County Ordinance requires that the City Commission be aware of
and review the recommendations of the Shoreline Development Review Committee.
If I could, I would like to very quickly... it is in your agenda packages, but
I would like to read that in the record. This is under PZ-8 in your package.
Mr. Pierce: The letter is numbered page 7 under PZ-8.
Mr. Plummer: What does it say?
Mr. McManus:
"This is to advise the Biscayne Bay Shoreline Development Review
Committee met on February 6, 1987, advertised public hearing to
view the above noted plan. In accordance with resolution number R-
25985, the committee making its determination for need for
compliances, concluded the action on the proposed plan will not
alter the ability of Dade County or the City to achieve the intent
of the Shoreline Development ordinance, and will not physically or
visually alter the shoreline of Biscayne Bay, or the ability of the
public to view, gain access to, and use the shoreline area, and as
such, there is no need to comply. Determination has been rendered
by a unanimous vote of the committee. It is understood that any
future development action, including rezoning proposed for these
areas falling within the shoreline ordinance boundary will require
compliance with the review procedures contained in subject
ordinance."
104 February 26, 1987
And, Mr. Mayor, and members of the Commission, I'd like to call your attention
to the nest parpgraph - chhtin»ing on with the letter:
"In addition, the committee, by unanimous vote, wished to convey to
the Mayor and the Commission of the City of Miami, that the intent
to regulate and control live aboard vessels on the Miami River and
Biscayne Bay should apply City wide, and not be limited to target
areas as proposed with subject legislation. The committee would
encourage and support any such legislation that would address this
issue on a comprehensive and City and County wide basis. This shall
serve as your notice that this process has been terminated for this
plan review. Sincerely, William O'Leary, Chairman, Shoreline
Development Review Committee."
That concludes my presentation.
Mayor Suarez: I want to add into the record, the letters received on this
matter, quite a few of them. I didn't read every single one, but I think each
one was in favor of adopting the ordinance on second reading, which now
becomes first reading. Counselor?
Mr. Mark Trop: I haven't read it yet, but..
Mr. Plummer: Sir, I can't understand you.
Mr. Mark Trop: My name is Mark Trop, and I have an office at 901 N.E. 2nd
Avenue, and if you are asking me whether or not I have any comments about
this, I guess not, because I haven't had the chance to really read it yet.
Our comments still remain the same, as far as what we are saying, is
objecting, but maybe its covered by this, so I don't know.
Mr. Plummer: You will have a chance to really read it in depth between the
first and second reading.
Mayor Suarez: You can address the entire topic.
Mr. Trop: Well, what we are still saying is that the problem here, I don't
know that it is a problem, but I don't think anybody really knows whether
these not a problem, and therefore, we are saying whether it is boats that are
currently in place, are legal, or illegal, is sufficiently confusing, so as
not to take any kind of determinate steps currently. That is something which
clearly says whether the boats which are currently in place, can remain, or
have to be moved, or some kind of intense statement which will more or less
inform everybody about what it is, and then, we can go from there, but the way
see it, there is a person here named Judy... I don't know, where is she?
Anyway, there is a little old lady named Judy over here and...
Mr. Plummer: Ohhhhhhh! She might be little! (LAUGHTER)
Mrs. Kennedy: That's not the thing to say.
Mayor Suarez: Let the record reflect he pointed at a young, attractive lady.
Mr. Trop: I defer to your observations and comments, however, if the law, as
it currently stands, says that boats needs a permit, or anything of that
nature, then she is going to be evicted, and she has been there for years
without any trouble, so it's with dealing with that problem, I just want to
point out that I'd like, if the law was clear as to what is going to happen to
her and would object if it doesn't cover that, but like I said, I'd like to
look at this first. Thank you.
Mr. Plummer: Well, let's answer it this way, and I think it is the best way.
Any of them that are legal will remain. Any of them that are there illegally,
will have to be moved.
Mr. Trop: Well, my only response was, that they didn't know what was legal or
not, and I didn't think anybody knew.
Mr. Plummer: I'm sure they'll explain it to you.
Mrs. Kennedy: And these are the two are legal, and the rest are illegal.
105 February 26, 1987
is
Mrs. Marguerite Shearin: May I have a turn?
Mayor Suarez: Marguerite.
Mrs. Shearin: I want to tell you that we understand...
Mayor Suarez: Give us your name and address, please, as if we didn't know it.
Mrs. Shearin: Oh, the name, Marguerite Shearin, 1169 Bell Meade Island. I
want you to know that we understand what is happening. We also understand
that any change in the present ordinance means that it must come back for one
more reading. I would like you to remember, that we didn't ask for anything
except protection for ourselves, but we can understand why the whole City
might benefit from it; however, we have come so far on this ordinance as it is
now, that I would like to ask you to consider to go ahead with it, for the
areas now mentioned and all that you have to change in this ordinance at the
present time, is some of the wording that the State was not happy with.
Mr. Plummer: Marguerite, what you are asking for is a court action, which you
will lose. Now, don't do it, I beg of you. Do it the proper way. We handle
this stuff all of the time. This is something that you are in accord with, as
I understand it. Yes, it is going to take one more hearing, but it is the
right way, it is the proper procedure, and let's do it proper, so it is not
taken and tested in court.
Mrs. Shearin: I must have said something wrong. I have no objection to one
more hearing. I really have objection to the change. I am a little bit
worried about sending this whole thing back to the P.A.B. to cover the whole
City, because I think you are going to have problems.
Mr. Plummer: No, no, it is not going back to P.A.B.
Mrs. Shearin: OK.
Mr. Plummer: No.
Mrs. Shearin: All right.
Mr. Plummer: No, it is just going back to the first reading before us.
Mrs. Shearin: We don't want to get you into trouble, although we have every
confidence in the City's lawyers, but please...
Mayor Suarez: The changes really have strength in the ordinance, that made it
more viable, more supportable in court, defensible in court.
Mr. Plummer: Merry Christmas.
Mrs. Shearin: OK, we thank you very much. We know how hard you have all
worked on this, just as we have. We are sure that you have our best interests
are heart, and I know you are in a hurry to get away, so I'll stop, thank
you.
Mayor Suarez: All right, sir.
Mr. Norris McElya: My name is Norris McElya, Jr. I have lived at 905 N.W.
15th Avenue in Grove Park for over sixty years. I came prepared with remarks
to make to you, thinking that this would be the final reading, but I think
that they will be applicable for the first reading of the revised ordinance.
I came before you on December llth, to urge you to accept the recommendation
of the Planning Department and the Planning Advisory Board, to approve the
Little River Canal Grove Park overlay district. You approved the district on
first reading, and I urge you to again approve it on the first reading this
afternoon, or tonight. Commissioner Plummer expressed my feelings when he
said of the December llth meeting, I am paraphrasing him, "We have nothing
against house boats, we just need to control where they are located."
Personally, I don't think that single family residential property is the right
place for house boats, for house barges, according to the various definitions
that have been outlined tonight, or the place to be docked. Thank you.
Mayor Suarez: Thank you for your comments. Any other comments?
106 February 26, 1987
Ms. Jacqueline Dozier: Good evening, Mayor and Commissioners, my name is
Jacqueline Dozier, I live at QQh N.F. 78 StrePt I have a question regarding
the letters that were just given to the Clerk. I believe that those letters
were proponents of the ordinance. There is a stack of mail that you received,
that came from the opponents, or those in favor of the Waterfront Board's
revised edition of the ordinance, and I'd like to know what happened to those
letters.
Mayor Suarez: Do you know whom they were directed at?
Ms. Dozier: The Mayor and the Commissioners.
Mr. Plummer: I received some.
Mrs. Kennedy: Yes, I received some too.
Mayor Suarez: Let the record incorporate the letters that anyone of us
received on this issue. I tried to give all the ones that I received, so it
may be that there is an equal number of proponents and opponents.
Ms. Dozier: I would just like to make sure that the letters you just
submitted were the opponents, and not the proponents, or vice -versa, so that
they are not mixed together.
Mayor Suarez: I'll tell you, one thing you can do right after the hearing is
to look over the letters and make sure that all of them were included. If
there are some that are missing, let us know.
Ms. Dozier: OK, I wanted to bring that up.
Ms. Dozier: Help to be sure that all the letters finally got into the hands
of the City Clerk.
Ms. Dozier: All right, we look forward to hearing this once more and hope
that we can come to a compromise that is amicable for everyone. Thank you.
Mayor Suarez: Thank you, Jackie.
Mr. Plummer: I move item 7.
Mayor Suarez: Yes, if you are a proponent, and if there is a motion, you
know, the old adage around City Hall of you know, not doing anything to hurt
your momentum, so...
Mr. Dan Kipnis: Mr. Mayor, I am not a proponent. I am speaking for the
Waterfront Board, so you all can know.
Mayor Suarez: Oh, I am sorry, give us the report, and then...
Mr. Kipnis: Captain Dan Kipnis, 1600 Tigertail Avenue. I sit on the City of
Miami Waterfront Board. I'd like to read into the record... first, I'd like
to bring to your attention that we have an alternate amendment drawn up by the
Waterfront Board to deal with this issue, and we would like, now that we are
on a first reading again, for this to come to your attention and maybe you
take a look at it. Secondly, here is a letter from Mr. Henry Givens, our
chairman, Waterfront Board, and I'd like to read it for the record. "This is
to affirm the Waterfront Board's recommendation on the endorsements to the
zoning ordinance, commonly referred to as a houseboat ordinance."
The Waterfront Board unanimously endorsed the text of this proposed
amendment...
This is the new amendment.
"...attached hereto, which modifies the scope of previously
proposed legislation on this subject. The essential differences
are that it does not include the Miami River, as an overlay
district. The definition of house barge is modified, in that it
provides for no increase in the allowable load capacity of davits.
This modified proposal was developed by the committee of the
Waterfront Board after extensive research and discussion on the
subject. The board desires that this proposal be presented as soon
107 February 26, 1987
as practicable for consideration by the City Commission.
Cordially, Henry Given, Chairman."
And I'd like to give this to your for your records.
Mayor Suarez: Please, and let's introduce this into the record. Thank you,
Dan, for your presentation. Sir?
Mr. Tom Schlauser: My name is Tom Schlauser, I live at 1545 N.W. South
River Drive. Would you put up the map of the Miami River section, please? I
just want to make a comment on that. You will notice the red and green
designations up there. My understanding at one of the meetings I attended,
was that the green are the proponents of the amendment that is on there. In
other words, get rid of the houseboats. The red items are people that want to
keep the houseboats, and no items are people who didn't respond. Well, if you
will notice, the people can see the houseboats that are living right in the
single family residences, looking at the houseboats, by and large, want the
houseboats there. I fail to understand why some people in the green back
there that don't want the houseboats have absolutely no way of seeing the
houseboats unless they drive down to the river, can control or cause this
particular section of the river to be singled out as getting rid of the
houseboats. Now, that other gentlemen, if I understand his amendment, he is
saying that he also doesn't see any reason for this particular section of the
river to be singled out as getting rid of houseboats. That's the end of my
comment. I don't know if anybody wants to respond why this particular area
is... if you take straw poll, I mean. Have you thought about that? I
understand it is not a straw poll, but, seems our neighbors want us.
Mayor Suarez: Part of the reason, I don't think anybody is answering, is that
we have debated it so many times, and each one of us has stated our position
so many times, but...
Mr. Schlauser: OK, I am sorry, I hadn't been at all of the meetings.
Mayor Suarez: Yes, this must be the fifth time, I think that we are on this.
Hugh.
Mr. Hugh Padrick: Hugh Padrick, 2490 N.W. 18 Terrace, Miami. I am speaking
as a private citizen, not as a City of Miami Waterfront Board member at this
point. I would thoroughly like you to consider the ramifications of including
the Miami River until some real serious studies have been done from the mouth
of the river to the end of it in any live -aboard situation there. You are
looking at a totally different situation, and the river should be excluded
from this ordinance until some serious study has been done there.
Mayor Suarez: Now that you mention that, I have to say my initial proposal
was not to include the river at all in the ordinance.
Mrs. Kennedy: But, then, Madam City Attorney, aren't we liable for lawsuits,
discrimination?
Mrs. Dougherty: No.
Mrs. Kennedy: No?
Mr. Padrick: No, I don't believe so. I think the river needs to be looked at
as a different vehicle than a canal such as the Little River Canal, has
limited access, as limited navigational ability.
Mr. Plummer: I have to disagree with you in the area especially of the single
family residents or residential areas in its entirety. I will have to admit
to you that I maybe have some reservations about allowing live aboards in
commercial areas. That's a different story, and especially in an organized
marina. That is a different ball -game, because there the facilities are
provided that are needed, for example, the pump out stations, the water, the
electricity, and all of that, is not micky-rigged like it is in a lot of other
areas, but here again, I don't think that in this particular section of the
Miami River, I think it is all single family residents, and I think...
Mr. Padrick: Going along with what the gentlemen said before, most of the
people who are complaining, don't even see the river in their area now.
108 February 26, 1987
G. 0
Mr. Plummer: Well, I think what they are trying to tell you in a round about
way, is that they would like to keep their residential section sinelP family
residential section, the same as the northeast is trying to say.
Mr. Padrick: I see their side of the story, but I think...
Mr. Plummer: Well, rest assured, after these two motions are passed or
failed, I am going to make one to include the rest of the river.
Ms. Bernadine McIntosh: I am Bernadine McIntosh.
Mayor Suarez: Can you just move the mike down a little bit closer.
Ms. McIntosh: I am Bernadine McIntosh, I've lived on the river for 30 years.
It is an elegant... it is not an eyesore, now, if you had a problem with boats
that are derelicts, or something like that, which I think ought to be
considered before you are doing what you are doing here. I don't understand
why you are taking that one little section. I still do not understand.
Mr. Plummer: Well, Ma'am, it is simple, and you know, whether you agree, or
disagree, the reason we are taking that little section is that that is an R-1
district, single family.
Ms. McIntosh: But, those houseboats have been there for years.
Mr. Plummer: Ma'am, just because they have been there don't mean that they
are right, OK? Now, all I am saying to you...
Ms. McIntosh: We do not own the river. Those houseboats are in the river.
Mr. Plummer: Ma'am, it is a single family, residential district.
Ms. McIntosh: Now, I understand that.
Mr. Plummer: And that's the reason we have incorporated that area in it.
Ms. McIntosh: But we do not own the river.
Mr. Plummer: No, we understand, but, we also understand that if you live
there on a houseboat, and a person lives on the property, it is no longer
single family residence.
Ms. McIntosh: Well, I am very much against this.
Mr. Plummer: OK, we understand that.
Mayor Suarez: Why don't we keep going... yes, sir, go ahead.
Mr. Jack Ott: My name is Jack Ott. I have 1491 South River Drive. Just like
the lady said, she can't understand why you are taking such a small area,
regardless of single family dwelling, or not. If you took all the river
homes, all the way up and down the river, you would find they are all single
family dwelling except maybe the big apartment houses, and this isn't right to
just take the area you are talking about, which actually amounts to the 1400
block and the 1500 block, and you are not dealing with the rest of the river,
you are just dealing with these two blocks when you are talking about live -
aboard boats.
Mr. Plummer: Sir, it is my intent to do the rest of the river as soon as this
hearing is over.
Mr. Ott: Then I would suggest we do the whole river at once and then make it
feasible, because I paid a great deal of money, all the money I had saved up
to buy my river front property. I have 175 feet on the river. I have about
ten deep slips, and the beauty of those slips is the fact that it is off the
river. It is back from the main part of the river, and it doesn't interfere
with navigation or anything. It is an ideal place and that is why I bought
the property and now that I have bought it after 16 months, I find that you
are going to make the change and we are not going to have live aboard boats
and it is just not fair. Thank you.
Mayor Suarez: Thank you for your statement.
109 February 26, 1987
Ms. Christine Schwartz: My name is Christine Schwartz, I live of 8�'O N.E. 700
Street. I'd like the other map of the Little River up, please. And I would
also like to show you some photographs here, places that I have taken on the
Little River. These are commercial properties, bait and tackle shops, three
boat yards, commercial pile driving operation, auto repair center, gas
station, a couple of small restaurants, the Playboy Club - the abandoned
Playboy Club, a drug rehabilitation place, these are the areas that you are
going to band houseboats from being behind. It doesn't make sense, this is
not a residential area. Also, I have some aerial photographs of the Little
River that I'd like to show you. Belle Meade Island is afraid that they are
being invaded by houseboats, but these aerial photographs will show you that
in 1969, there were 18 houseboats on the Little River. In 1974, there were 17
houseboats on the Little River. In 1984, there were 15 houseboats on the
Little River, and today there are 12 houseboats on the Little River. Their
argument that there will be an influx of houseboats from Miami Beach, because
they have banned houseboats is ridiculous, because that issue...
Mayor Suarez: Let me ask a question of our Planning Department. I am a
little confused. Why is she saying, Joe, that these properties she showed us
the pictures of, which are quite unsightly and not exactly the highest use you
can imagine, are close to the area affected. I don't...
Ms. Schwartz: They are close, they are the area.
Mayor Suarez: Well, why... I thought we were basically...
Mr. McManus: What the lady is saying is that these are fronting properties
on the Little River Canal, and we would... the band would affect the backside
of those properties.
Mayor Suarez: Can you point to me where she was illustrating those...
Ms. Schwartz: See where that purple thing is?... all the way from that purple
thing all the way up the river, and around the corner and back and then past
that purple area there are several condominiums as well, I know, I live right
in that purple section.
Mayor Suarez: Well, I thought the pictures you were showing us...
Mr. McManus: What she is saying...
Mayor Suarez: The pictures she was showing us, I thought were of Biscayne
Boulevard, weren't they?
Ms. Schwartz: No, Biscayne Boulevardl... 79 Street. This is what...
Mayor Suarez: Pussycat Theatre is right off of Biscayne, isn't it?
Ms. Schwartz: That is Biscayne, but starting on 79 Street...
Mayor Suarez: Where would you locate the Pussycat Theatre up there?
Mr. Carollo: You noticed the main interest the Mayor had, huh?
Mrs. Kennedy: Yout
Mayor Suarez: Sort of a landmark up there.
Mr. Plummer: I think Carollo wants to make it a mini -station.
Mayor Suarez: I've always thought it would be great as a park if we could
somehow raze it and make it into a park.
Ms. Schwartz: Would you hold this, and then I am going to show them.
Mr. Carollo: Won't be no alter boy no more when the Pope comes in.
Ms. Schwartz: OK, where he is pointing right now, is this, this building
here.
Mayor Suarez: Where is he pointing? I don't see him point.
110 February 26, 1987
Ms. Schwartz: Well, that big thing up there.
Mayor Suarez: Does it apply all the way up there?
Ms. Schwartz: Yes.
Mr. Pierce: The Pussycat is on the west side of Biscayne.
Ms. Schwartz: Well, the Pussycat is on the other side of the Boulevard on the
river.
Mayor Suarez: But, does the ordinance apply all the way up the Little River
like that?
Ms. Schwartz: Yes. All the way, it starts at this gas station and it goes
all the way down the line, these are the buildings, all the way down the line.
Mayor Suarez: Yes, that is a pretty strong argument on that stretch, in the
sense that you are making.
Ms. Schwartz: And across the... and on the other side of the river as well,
you are backing Playboy Club.
Mr. Plummer: No, there is another better argument, and that is that you...
the residential use is not permitted in the commercial district. It is just
that simple!
Ms. Schwartz: Yes, but there are three marinas there, for instance.
Mr. Plummer: Marinas, to me, as I said before, are a different ball -game.
Marinas are organized and have all proper facilities, but when you take and
you put a houseboat and just tie it up without the holding facilities, without
the proper electrical, without the proper water, and even today, in our
ordinance, they are illegal.
Mr. Pierce: Mr. Plummer.
Mr. Plummer: Yes.
Mr. Pierce: Mr. Plummer, what I think we need to point out that the
properties that are displayed in those photographs are all properties fronting
on Biscayne, on 79th Street, and the only two that actually front on the river
itself, the Pussycat, and the old Playboy Club.
Ms. Schwartz: No, they back on the river, and it is not true, they back...
The photographs are taken all the way down the line, they back on the river.
Mayor Suarez: Well, some of the photographs are taken on the opposite side of
the boulevard, so they couldn't possibly...
Ms. Schwartz: One. One, the Pussycat Theatre.
Mayor Suarez: I guess I didn't look at them, all of them, carefully.
Ms. Schwartz: All right, the Waterfront Board's compromise amendment would
not include these areas I think it would be good for everybody if you adopted
the Waterfront Board's compromise amendment and I think if you find in that
stack of letters, I'd like you to bring that stack of letters back, because I
think most of those letters are from people who are urging you to support the
Waterfront Board's amendment, not to support this present amendment, but the
one that is suggested by the Waterfront Board.
Mrs. Kennedy: Could we see with a show of hands, those people who support the
Waterfront Board's recommendation?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Go ahead, proceed.
Ms. Schwartz: That's all I have to say, thank you.
111 February 26, 1987
0. f
Mr. Trop: I don't know that it will stay clear, but I think the boats will be
illegal in the commercial area as well, following the new ...
Mr. Plummer: Under this, yes. Does this lady want to speak?
Ms. Faye Greenwood: Yes, I do. My name is Faye Greenwood and I live on the
Miami River and I would rather have ten houseboats for me, except the Haitian
freighters loading, running their generators all day and night with the fuel
that have to smell, to say nothing about dumping over in there, and they sit
four days to be loaded and they chip paint all day long on the hulls, so give
us the house boats, and not the freighters. (APPLAUSE)
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I presume the freighters have to be located in commercial
areas, right?
Mr. Plummer: Yes.
Mayor Suarez: Industrial?
Mr. Pierce: They are required to be in the industrial areas.
Mr. Plummer: Yes, but they are abusing...
Mayor Suarez: Right.
Mr. Plummer: They are abusing badly.
Mr. Dawkins: And you live where, now?
Mayor Suarez: You live where?
Ms. Greenwood: 668 N.W. North River Drive.
Mr. Dawkins: What the hell, I mean, what are they doing up on North River
Drive?
Mr. Plummer: They are there at the old fish houses.
Mr. Dawkins: Wait a minute, wait a minute, what are they doing on North River
Drive, Mr. Pierce?
Mr. Pierce: 668... ?
Mr. Plummer: According to the Police Department, they are doing a lot of
things that are not advantageous to the City. As a matter of fact, they had a
murder there the night before last.
Mr. Dawkins: They didn't murder enough of them, evidentially. How do we...
somebody over there tell me, how they got there, why we haven't moved them,
and what you do to get them out of there?
Mrs. Kennedy: Yes.
Mr. Pierce: Only within the last two weeks in the Building and Zoning
Department, we have started to look at all of the commercial properties along
the river, where those boats are docking, for strict compliance. We are
mounting a campaign on that, Mr. Dawkins.
Mr. Dawkins: But why is it, Mr. Pierce, that the residents have to come and
tell the Commissioners that this is existing? Why didn't the Administration
tell us that this is happening, and what we are doing, so that when these
people call us up here, at least we know what the hell we are talking about.
Mr. Pierce: Mr. Dawkins, we have a total of, I believe, seven zoning
inspectors to cover the entire City.
Mr. Dawkins: OK, well, let's lay off one administrator, and hire six more
zoning inspectors... if you can't adjust to it, I mean, I have no problem
with it.
112 February 26, 1987
Mr. Pierce: No, the point is that most of our enforcement, City wide, and not
just in Building and Zoning, but in all areas, is a response to complaint
basis, with very little patrolling.
Mr. Dawkins: But these boats are there...
Mr. Pierce: And we get the complaints, we do respond to them immediately.
Mr. Dawkins: Well, these boats are there illegally?
Mr. Pierce: I can't say that for sure.
Mr. Dawkins: But if they are commercial boats, I mean...
Mr. Pierce: I don't have...
Mr. Dawkins: ... and that's not, wait a minute, wait a minute, now, bear with
me one minute. Commercial boats should load and unload either at Dodge
Island, or up the Miami River where we got commercial strips, is that
correct?
Mr. Plummer: Exactly.
Mr. Dawkins: All right, so now, if this is in that area, they are illegal.
Mr. Pierce: You are absolutely correct, but if I am not mistaken, right
around 7 Avenue and the river, which is the address the lady gave, 668 N.W.
North River Drive, then that may just be zoned commercially, or industrial.
Mr. Dawkins: But it is not zoned commercially to load and unload ships.
Mr. Plummer: If it is industrial, it is.
Mr. Pierce: Well, if it is industrial, it is. As a matter of fact, looking
at the zoning atlas, it is zoned waterfront industrial, which I believe, would
make it a permitted use.
Mr. Plummer: See that, what was there before were the packing houses and the
boat builders and all of that, they were in there.
Mr. Dawkins: What do we have to do to get them out of there?
Mr. Plummer: Well, first thing we can do is tell there is no live aboards and
the problem that will be incurred is, those people, most of them can't get off
the boats because they don't have papers, so they can't stay.
Mr. Pierce: But I would defer to the City Attorney's office on that. I think
you... we might be overstepping our jurisdictional abilities.
Mr. Dawkins: Well, as Commissioner Plummer says, they are what I refer to as
a foreign bottom, because they don't have American flags on it, so therefore
it has no right, no business, in my opinion, on American property, so
therefore, it should go over where we let foreign bottoms berth. Now, Mr.
Attorney, tell me what is wrong with that.
Mr. Christopher Korge: There is nothing wrong with saying that you prohibit
live aboards.
Mr. Dawkins: No, no, wait a minute, see, I am not interested in live aboards
now, I am interested in what she said, see. We have got a residential
neighborhood, we have got a boat, that's number one, burning diesel, which has
got an exhaust that nobody wants, and number two, because they got nothing to
do, they are going to chip all day and paint, which is noisy, in a residential
neighborhood.
Mr. Korge: Well, if it is zoned residential, then a commercial ship can't
moor itself there and carry on commercial activities. I think though, what
Mr. Pierce was saying, was that in that particular area, it is zoned
commercial/industrial, and therefore they are permitted to moor their boats
there and carry on commercial activities.
113 February 26, 1987
9
s
Mr. Plummer: Why don't you pull a full report for us at the next hearing when
this comes up.
Mr. Pierce: Mr. Plummer, we will gladly survey the river and list for you all
where all of these freighters are docking. Then we can determine within the
month.
Mr. Dawkins: And tell me how to keep a foreign flag vessel from docking to
American property. That's all I am interested in!
Mr. Pierce: The Law Department would handle that part of the response.
Mr. Dawkins: OK, and let them go where we have berths for them to tie up to,
that's all.
Mr. Stuart Hanley: My name is Stuart Hanley, and I live at 777 N.E. 77
Terrace. I own property on the Little River, and I am president of the Bell
Meade Landowner's Association, which represents some of the property owners in
that area. Anyway, I am opposed to the ordinance as it is currently written,
and would like you to please reconsider the Waterfront Board's version of this
ordinance. I think that it handles the situation in this particular area a
little more realistically than the original version... and some other things,
I think you will notice those letters you have on this item, are expressing
that view, that they would like to see the Waterfront Board's version of this
ordinance in lieu of the entire thing. It seems to be a little bit more of a
reasonable answer to this thing. I have at my house a document that gives a
judge's order about the houseboat ordinance on Miami Beach, it is dated in
183, which says that their ordinance is constitutional, however, only if the
City of Miami Beach provides compensation to the property owner and houseboat
owners, I believe, in their ordinance, that is, the houseboats that are
displaced, or the properties that have their houseboats displaced from a bind
ordinance, and I am kind of curious on...
Mr. Plummer: The big difference is, sir, that they were there legally, by
permission of the Beach, and now when they were to change, and to be moved,
they had to be compensated, and that is understandable.
Mr. Hanley: Well, I think the City of Miami might find itself in the same
position on this ordinance.
Mr. Plummer: We have never issued a permit allowing it, sir. Do you have a
permit?
Mr. Hanley: Not expressly, no.
Mr. Plummer: That's right. You produce the permit, we'll produce the
compensation.
Mr. Hanley: Well, permits have only been needed at houseboats just in the
last couple of years.
Mr. Plummer: Since 1961, sir.
Mr. Hanley: I don't find that to be the case, but... anyway...
Mr. Plummer: That is when the ordinance was effective.
Mr. Hanley: Anyway...
UNIDENTIFIED SPEAKER: Never enforced it.
Mr. Hanley: Anyway, Counsel says never enforced. Anyway, I'd like for you to
please support the Waterfront Board's version of this ordinance, and not the
original ordinance. Thank you.
Mrs. Shearin: I only have one word to say - two words.
Mayor Suarez: Back again?
Mr. Plummer: Thank you!
114 February 26, 1987
Mrs. Shearin: I'm sorry. My neighbors want me to ask Commissioner Kennedy to
ack hew many people are against the Waterfront Board's version, inasmuch as
she asked how many were for it, so please, would you ask for a show of hands?
Mrs. Kennedy: I assumed that the rest was for it, and you were the majority,
but let's see by a show of hands.
Mayor Suarez: How many are against the Waterfront Board, right?
Mrs. Kennedy: Right. Against the Waterfront Board to...
Mayor Suarez: The Waterfront Board's recommendation not to include certain
parts of the river.
Mr. Dawkins: About half and half.
Mrs. Kennedy: In fact, I had assumed we had more against.
UNIDENTIFIED SPEAKER: Let's have a count, then. I didn't...
Mayor Suarez: Well, it is not going to be determined by a count. It looks
pretty even.
Mr. Dawkins: The City... OK, go ahead. City Attorney, also, sir, when you
come back, tell me what it costs for one of those ships to berth at a
commercial, for the lack of a better word, discharge berth and loading berth,
and what they are paying where they are, because I am pretty sure that the
reason they are tying up where they are because it is cheaper.
Mr. Plummer: Oh, it strictly because of union. Over at the port they have
got to go with the longshoremen, over here they go...
Mr. Dawkins: No, but see, but up the river there...
Mr. Plummer: They don't use longshoremen.
Mr. Dawkins: They don't need longshoremen, but they...
Mr. Plummer: That's right, that is exactly why they go up the river.
Mr. Dawkins: But, let them go further up the river, up the way they have been
doing. Go ahead, I am sorry, Miss.
Ms. Debora Cauthen: My name is Debora Cauthen, I live at 671 N.E. 77 Street.
It is an R-1 area. Even though it is an R-1 area, I have three houseboats on
the property directly east of me, and one on the west. I really don't
understand why the Waterfront Board, which is a public board, advocates
something which is in direct violation of the zoning laws and also hazardous
to navigation in that area. Thank you.
Mr. Pete Gustafson: Hi, my name is Pete Gustafson, I live at 13750 N.E. Miami
Court, and I'm here tonight because, you know I wasn't born or raised in this
town -- I don't know how of you were -- but I really like Miami, it's a really
nice city. I love living here. And, one of the things that really attracted
me to Miami is, of course, the water. I see the houseboats, I see the
powerboats, I see a whole industry here that has a personal interest to me. I
love the water, I love boats. I remember the first time I came here, I saw
houseboats. I thought that is really neat, that is beautiful. I see yachts
parked on Miami Beach, in Miami -- I heard Belle Meade Isle named earlier, up
the Miami River, up the Little River. It sounds to me like what you're
talking about tonight is outlawing something that is a beautiful part of
Miami. I went to a boat show the other day on Miami Beach where there was
representatives that are, they're up the Miami River. Bertram was there.
They had a 54-foot yacht and this thing probably one-third of us could live in
it. But people buy these boats for one reason. If they wanted to just have a
boat they could ride around on, they could probably just buy little boats with
outboards on. They buy boats they can live on. They buy boats they can stay
on. They're like condominiums or like hotels. They're beautiful and you know
I question maybe the sense in outlawing situations and there was $150 million
spent in the last three or four weeks on boats here in Miami. I'm willing to
bet that about fifty percent of those boats could be lived on. You're
outlawing so much a part of Miami in my opinion. Now maybe not the city
115 February 26, 1987
attorneys or maybe not the mayors or the vice mayors, but whoever. I just
look at what ,you're doing and I really question it, the sense in it. It
scares me to outlaw $150 million. I mean that figure to me is staggering.
That's the boat industry here. How many of those boats are live -aboard boats,
I mean, I love boats. I'd love to live on a houseboat. I can't afford the
property to park it in front of much less buy the houseboat I own a house
instead, but the people who have it, there's a diversification here in Miami
that I like. It's not just all white America. We've got people who speak
other languages, other races, other colors. I've heard people saying tonight,
well the Haitians, whatever. I don't care; I think it's great. I think
there's something here that's really wonderful and to just shove it down the
tubes because you know maybe one or two of us have an opinion that we don't
like live aboard situations. People come from other countries here; people
come down from Canada, they come from South American countries; they come from
Europe, for what, to bring their boat in, to park it, live on it, to visit us.
And what are we going to do -- we're going to say, "eh, sorry, you can't live
here." I look at people over on Belle Meade Isle -- I go up and down the
Little River all time -- these huge yachts. You can't stay on them, sorry
can't stay on that boat. The Coast Guard has regulations that cover the way
the boats are built, the way the sanitation facilities are handled. Now if
the Coast Guard enforces those, the City won't have to. That's the Coast
Guard's job, to take care of the water, to take care of the River. As far as
I can understand, they're navigable waters here in the United States. They
don't belong to the City of Miami. And I wonder why the City of Miami...
Mayor Suarez: Could you wrap it up please. I think you've exceeded the
normal amount of time.
Mr. Gustafson: OK, I'm sorry, I didn't realize. I just wanted to make my
opinion known.
Unidentified speaker: You made your point.
Mayor Suarez: Are we almost to an end on these presentations? You want to
make it quick. Madam City Clerk, please let me know after two minutes and
make the remarks as brief as you can. It's getting cumulative at this point
with repetitiveness.
Ms. Shay Calhoun: I will. My name is Shay Calhoun. I live at 765 N.E. 77th
Terrace. After seeing the pictures that the young lady showed on that big
board, I just wanted to remind you that on this whole side is commercial like
you showed you. However, from this side, that is all residential and when I
heard you say that in marinas and commercial areas they have places for
people to dock to take care of the sanitation problem with houseboats, etc., I
live right across from that whole commercial area and yet I have seen, on many
more occasions than I like to mention, people urinating in the River. Well if
they have such good systems to take care of that, why is that occurring? I
just want to remind you that that is all residential, single-family on the
other side from that commercial property. Thank you.
Mr. Mel Malinovski: My name is Mel Malinovski. I live at 1026 N.E. Little
River Drive. It's, we're facing Belle Meade. I would like to clarify and get
the codification. What does the zoning change from single to RS-2, , mean to
that area?
Mr. Walter Pierce: RS-2 is single family.
Mr. Malinovski: But you have RS2-2...
Mr. Pierce: Single family -- the 2 is the development intensity.
Mr. Malinovski: So, actually it's acceptable for rezoning, for multiple
buildings..
Mr. Pierce: No, single family.
Mr. Malinovski: Is it still single family That's how it's going to remain?
Correct?
Mr. Pierce: Correct.
Mr. Malinovski: Thank you.
116 February 26, 1987
s
Ms. Silvia Tamames: My name is Silvia Tamames. I live in 881 Belle Meade
Island. I heard the gentleman that said that he went to the Miami Boat Show.
I was there as an exhibitor with my 41-foot Catamaran and we didn't have any
houseboat or house baisus � . .lie L.iami Boat Show.
Mr. Carl Rongo: My name is Carl Rongo. I live at 1700 North River Drive.
It seems to me that you already have on the books enough ordinances. I
understand you have an ordinance concerning houseboats since 1961. If it
isn't being followed, why do you suppose that any new ordinances will be
followed. I understand you have ordinances to take care of the waste systems,
to furnish power, to furnish water to all habitable houseboats. If these
aren't being followed, what makes you think that another ordinance will be
followed? One other brief item -- the houseboats are not tied up to R-1
property; the houseboats are in the River; the River has no zoning; the
shoreline has a zoning, the River has no zoning. I'd think you have enough
ordinances; just enforce the ones you have. Thank you.
Mayor Suarez: Last one —we have a commissioner that has to leave and we've
been at this for... go ahead.
Mr. William Stafford: My name is William Stafford; I live at 1275 N.E. 79th
Street here in Miami. In defense of the live -aboard and the use of the
properties to support these live-aboards, a particular as far as the spot
zoning that we're considering right here, I think it's absolutely ludicrous.
The basis of the complaint, the foundation of the complaint had to do with
safe harborage in a case of hurricanes, sanitation, obstructing navigation.
They're absolutely ludicrous; the areas that you're looking at right now are
designated safe harbors in the event of hurricanes and as far as navigation
and the sanitation, existing regulations need only to be reinforced or
enforced. It seems to me that it is absolutely absurd and certainly pandering
to private interests and obviously some influential people, to consider this
spot -type zoning just in this restricted area. If you're going to do
something, come up with something that's comprehensive and don't pander to
these selfish, private interests.
Mayor Suarez: OK, Commissioners.
Mrs. Kennedy: Let me just say something Mr. Mayor that really bothers me, if
we pass this ordinance. This is something the City has never enforced for, I
don't know how many years, and I guess there's one moral question to ask
should we decide to pass it, is what happens to the boats that are there?
Well, two we know they're legally there so they're grandfathered in, but how
about the rest? What kind of fairness and responsibility is the City going to
provide for these people, I don't know.
Mr. Pierce: Mrs. Kennedy, I believe that is a policy decision, but a
recommendation from staff, the reality is that the laws were on the books; it
is the obligation of the property owner to comply with the law and if they did
not comply, then I don't know if we have any moral responsibility or,
especially no legal responsibility to help them at all.
Mrs. Kennedy: No legal responsibility, but I feel that we do have some kind
of moral responsibility as the City has never enforced it.
Mr. Pierce: That's not really true though. The City has not been 100%
vigilant in enforcement, I will admit that, but the City has done enforcement.
If that were really the case, then you wouldn't have someone like a Mr. Haves
on the Little River who's now pursuing an appeal through the court system.
The City has not been totally negligent in enforcement and just for the
record, you could direct something that someone just said a moment ago about
the river not being zoned, that is not the case, the river is zoned. It's
Biscayne Bay that's not zoned. But the river is.
Unidentified comment: When did you plot it?
Mayor Suarez: Go ahead, sir.
Mr. Wallace Kreight: My name is Wallace Kreight and I own property on the
river. I was just reading this, extensions of docks and waterways on canals,
special exceptions, to enlarge the information requirements for applications
to extend docks and waterways, canals, and Biscayne Bay. I think the City of
Miami is kind of overstepping their bounds right here because that's up to the
117 February 26, 1987
engineers, not the City of Miami, whether you can build in the Miami River or
not.
Mayor Suarez: Thank you for your statement. Any further discussion from the
Commission?
Mr. Plummer: The only question I'd like to ask is has the administration had
the opportunity to see and read the recommendations of the Waterfront Board?
Mr. Pierce: I think staff may have, but I just read it tonight for the first
time. But I'll find out though.
Mr. Plummer: Well, OK, what I'm saying is, you know, I think we have a
Waterfront Board and we have them for a reason. We might not agree with them,
but I think it is important that their thoughts be taken into consideration
between now and second reading. So I would hope that you would take their
report and look at it and I want to tell you that I do have some reservations
about the area in which marinas exist, or the commercial areas. But tonight
I'm willing to vote on first reading, that which is being proposed as amended
for first reading. Maybe I would somewhat change my mind before second
reading. I don't think so, but I do feel that we should have and take into
consideration all of the points that are being made.
Mr. Hugh Patrick: Hugh Patrick, 2490 N.W. 18th Terrace. I'm the Vice
Chairman of City of Miami Waterfront Board. You were all supplied with a copy
of our proposed legislation...
Mr. Plummer: Hugh, have you seen all the documents we've got on this
particular item?
Mr. Patrick: I realize that and you know, Henry Gibbons, the Chairman,
himself delivered to each one of your offices a copy of it. I am sure it got
there and you have a lot of other things to read, but you were all supplied
with a copy as well as the City Manager and other staff.
Mr. Plummer: Yes sir, I'm aware and I did receive it, but I didn't have time
to read it, I'll be honest with you, OK? Mr. Mayor, at this particular time,
I would move Item 7 as amended on first reading, asking the administration and
all interested parties to make their thoughts known between now and the second
reading. There will be a second reading in thirty days and whatever is passed
at that would not become effective in law for thirty days thereafter. At this
particular time, I would move item 7, as amended, by the City Attorney.
Mayor Suarez: So moved and seconded.
Read the ordinance.
AN ORDINANCE ENTITLED -
Any discussion from the Commission.
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 15, ENTITLED "SPI SPECIAL PUBLIC
INTEREST DISTRICTS" BY ADDING NEW SECTIONS 15180
ENTITLED "SPI-18 LITTLE RIVER CANAL -GROVE PARK OVERLAY
DISTRICT", SECTION 15181 ENTITLED "INTENT", SECTION
15182 ENTITLED "DEFINITIONS", AND SECTION 15183
ENTITLED "EFFECT OF SPI-18 DISTRICT DESIGNATION";
RESERVING SECTIONS 15174-15179 AND 15183-15189 FOR
FUTURE USE; AND BY AMENDING SUBSECTION 2024.1.4
ENTITLED "LIMITATIONS ON FACILITIES AND USES RELATED
TO DOCKAGE AND MOORAGE OF VESSELS IN RESIDENTIAL
DISTRICTS" TO INCLUDE WATERWAYS AND BISCAYNE BAY; AND
SUBSECTION 2024.11 (2ND PARAGRAPH) ENTITLED
"EXTENSIONS OF DOCKS INTO WATERWAYS OR CANALS; SPECIAL
EXCEPTIONS" TO ENLARGE THE INFORMATION REQUIREMENTS
FOR APPLICATIONS TO EXTEND DOCKS INTO WATERWAYS,
CANALS OR BISCAYNE BAY; AND BY AMENDING ARTICLE 36
ENTITLED "DEFINITIONS" TO ADD DEFINITIONS FOR
HOUSEBOATS AND HOUSE BARGES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Mayor Suarez and
was passed on its first reading by title by the following vote-
118 February 26, 1987
9
E
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
announced that copies were available to the members of the City Commission and
to the public.
45. FIRST READING ORDINANCE: AMEND COMPREHENSIVE NEIGHBORHOOD PLAN FROM LOW
DENSITY RESIDENTIAL, MODERATE -HIGH DENSITY RESIDENTIAL, RESIDENTIAL -
COMMERCIAL AND RESTRICTED COMMERCIAL TO SPECIAL USE IN AREA GENERALLY
BOUNDED BY BISCAYNE BLVD AND THOSE PROPERTIES EAST OF BISCAYNE BLVD.
FRONTING LITTLE RIVER CANAL ETC.
------------------------------------------------------------------------------
Mr. Plummer: I move Item 8
Mayor Suarez: So moved
Mr. Plummer: As amended.
Mr. Joe McManus: Commissioner Plummer, could I suggest that because item PZ-7
has reverted back to first reading, that we would like to ask you to revert
Item 8 back to first reading because we have some amending language on that.
Yes sir....
Mr. Plummer: That's what I'm doing. Then I'm told to defer Item 9.
Mr. McManus: To continue Item 9, yes sir.
Mr. Plummer: But, I don't have to go back to first reading.
Mr. McManus: Yes sir.
Mr. Plummer: I move item 8, as amended by the City Attorney, back to a first
reading as amended.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll. Item 8.
Mr. Korge: Read the ordinance first.
Mayor Suarez: Read the ordinance. Call the roll.
119 February 26, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY THE AREA GENERALLY
BOUNDED BY BISCAYNE BOULEVARD AND THOSE PROPERTIES
EAST OF BISCAYNE BOULEVARD FRONTING ON THE LITTLE
RIVER CANAL AND SOUTH LITTLE RIVER CANAL, AND FRONTING
BISCAYNE BAY BETWEEN THE LITTLE RIVER CANAL AND SOUTH
LITTLE RIVER CANAL; AND THAT AREA ON THE SOUTH BANK OF
THE MIAMI RIVER BETWEEN THE NORTHWEST 17TH AVENUE
BRIDGE AND STATE ROAD 836 BRIDGE (MORE PARTICULARLY
DESCRIBED HEREIN) BY CHANGING THE DESIGNATION OF THE
SUBJECT PROPERTY, RETAINING LOW DENSITY RESIDENTIAL,
MODERATE HIGH DENSITY RESIDENTIAL AND RESIDENTIAL
COMMERCIAL AND ADDING AN OVERLAY PLAN DESIGNATION
SPECIAL USE MARINE LIVE -ABOARD EXCLUSION; 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.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Plummer: I move that Item 9 be continued to the next hearing.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll
continuing Item 9.
NOTE FOR THE RECORD: IT WAS UNANIMOUSLY VOTED TO CONTINUE ITEM PZ-9 TO THE
NEXT MEETING SCHEDULED MARCH 31, 1987.
46. DIRECT ADMINISTRATION TO REVIEW POSSIBLE ZONING OF THE REST OF THE MIAMI
RIVER NOT PRESENTLY PROPOSED FOR AN SPI-18 (PROHIBITING HOUSEBOATS)
Mr. Plummer: I'd like to move at this time, Mr. Mayor, that the rest of the
Miami River be considered by the Planning Advisory Board for possible action
or not but really recommendation to this Commission. I so move.
Mrs. Kennedy: Second.
Mayor Suarez: So moved, seconded.
Mr. Plummer: Yes, the same.
Mayor Suarez: Any discussion?
Mr. Plummer: It doesn't mean we'll pass it.
Mayor. Suarez: Call the roll.
120 February 26, 1987
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 87-221
A MOTION REQUESTING THE CITY MANAGER TO DIRECT THE
PLANNING DEPARTMENT TO STUDY AND REVIEW THE POSSIBILITY OF
APPLYING A NEW ZONING DISTRICT OVER THE REST OF THE AREA
IN THE MIAMI RIVER NOT PRESENTLY PROPOSED FOR AN SPI-18
DISTRICT (A DISTRICT FROM WHICH HOUSEBARGES AS DESIGNATED
ARE PROHIBITED AND VESSELS CANNOT BE USED AS LIVE-IN
QUARTERS); FURTHER DIRECTING THE CITY MANAGER TO COME BACK
WITH A RECOMMENDATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Vice -Mayor J. L. Plummer, Jr.
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mr. Plummer: Mr. Mayor, as I announced earlier, I do have to leave and I
apologize to the people, especially on the transitional use; I want everyone
to be assured that I will be here on the second reading of the transitional
use and all other matters, but I have a previous obligation and for that
reason I will take my leave.
NOTE FOR THE RECORD: VICE MAYOR PLUMMER LEFT THE MEETING AT 6:13 P.M.
------------------------------------------------------------------------------
47. FIRST READING ORDINANCE: AMENDMENT TO "PERMANENT ACTIVE RECREATION
FACILITIES AS ACCESSORY USES IN RESIDENTIAL DISTRICTS SPECIAL PERMITS"
------------------------------------------------------------------------------
Mayor Suarez: PZ-10
Mr. Sergio Rodriguez: PZ-10 is first reading of a change, an amendment to the
ordinance, in which we have three basic elements that we are trying to amend.
The first one is to eliminate landscape areas on roofs to be computed as part
of livability space. The second one deals with the elimination of the net lot
area per dwelling unit of 2500 square feet from RG-1. In other words, that
when you have an RG-1, which is a duplex lot,...
Mayor Suarez: Wait a minute. Please, can we have a little order in the
chambers and leave the discussion for a little bit farther out so we can get
to the next items here.
Mr. Rodriguez: When we have a duplex lot, only two units will be allowed.
And the third one, some scrivener errors that, we have in the ordinance. The
Planning and Advisory Board recommended, unanimously in support of the
recommendation by the Planning Department.
Mr. Dawkins: So moved.
Mayor Suarez: So moved. Do we have a second?
Mr. Carollo: Yes.
Mayor Suarez: Seconded by Commissioner Carollo. PZ-10's been moved and
seconded. Any discussion by the Commission? Read the ordinance.
AT THIS POINT THE ORDINANCE WAS READ INTO THE RECORD BY ATTORNEY CHRIS KORGE.
Mayor Suarez: You'll never make it to City Attorney if you can't do better
than that. Chris, you got to practice. Call the roll.
121 February 26, 1987
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 20 ENTITLED "GENERAL AND
SUPPLEMENTARY REGULATIONS", SUBSECTION 2003.6 ENTITLED
"PERMANENT ACTIVE RECREATION FACILITIES AS ACCESSORY
USES IN RESIDENTIAL DISTRICTS SPECIAL PERMITS", BY
DELETING THE TERM SPECIAL EXCEPTION; SUBSECTION
2012.5.1.1, ENTITLED "LIVABILITY SPACE (RESIDENTIAL
USES)", BY DELETING THE TERM "ROOFS" FROM THE
DEFINITION; SUBSECTION 2012.5.1.2 ENTITLED "PEDESTRIAN
OPEN SPACE (NON RESIDENTIAL USES)", BY DELETING THE
EXCEPTION PROVIDING PEDESTRIAN OPEN SPACE AT GROUND
LEVEL; SUBSECTION 2017.5 ENTITLED "PARKING
REQUIREMENTS FOR HOUSING FOR THE ELDERLY, BY CLASS C
PERMIT; LIMITATIONS" BY DELETING THE TERM "EXCEPTION";
SUBSECTION 2026.5.2 ENTITLED "LIMITATIONS ON
ILLUMINATED OR FLASHING SIGNS; FLASHING SIGNS
PROHIBITED IN CERTAIN TRANSITIONAL AREAS ADJACENT TO
RESIDENTIAL DISTRICT", BY MAKING CORRECTIONS; AND
AMENDING PAGE 1 OF THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS BY MAKING DELETIONS IN "RG-1 GENERAL
RESIDENTIAL (ONE AND TWO FAMILY)"; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Carollo and passed on its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
46. A- DISCUSSION REGARDING TRANSITIONAL USES
B- DISCUSSION REGARDING POSSIBLE ELIMINATION OF ZONING
ORDINANCE 9500.
------------------------------------------------------------------------------
Mayor Suarez: PZ-11
Mr. Rodriguez: Finally.
Mayor Suarez: We can just sort of postpone this can't we?
Mr. Rodriguez: It's up to you.
Mayor Suarez: Just kidding, go ahead.
Mr. Rodriguez: As you asked us in the January 26th meeting of the Commission,
we conducted a workshop on February 17th at night and the results of which are
in my memo to file that you have in your package that was distributed to you
this week dated February 24, 1987. Basically, we have four different options
and I'm going to refer to them as Option No. 1, 2, 3 and 4, because some of
the people from the public have been referring to them the same way. Option
No. 1 is basically the status quo -- leave things as they are. To explain
that what it means, if you look at this transparency, the transparency which
we have the uses, basically what this will do is the following: When you have
a commercial use, adjacent to a residential area, at this point you will be
122 February 26, 1987
able to have transitional uses in the residential area up to one hundred or
one hundred twenty-five feet -- uses which otherwise would not be allowed in
the residential area. In addition to that, there will be some transitional
limitations in the commercial area portion of it. There will be a buffer area
or an area of limited uses, which will be about fifty feet, in which certain
uses will not be allowed that would otherwise be allowed in the commercial
district and in which also setbacks and certain light planes and limitations
in height will be used similar to the one of the adjacent residential
district. That is Option No. 1, leaving things as they are. Option No. 2
reflects the original direction from the Commission of eliminating all
transitional uses and limitations. It is basically eliminating all that I
mentioned before. In Option No. 1, the process that we follow is identified
in the transparency - Gabriel, show the blue one. In Option No. 1, which is
what we have now, when you have a transitional use, you can apply for a Class
E permit or a special exception. The Class E permit is approved by the
Planning Department and can be appealed to the Zoning Board or to, at that
point, can be appealed to the City Commission. In the case of a special
exception in the present system, the special exception after a recommendation
from the Planning Department, is then approved by the Zoning Board and then it
can be appealed to the City Commission. That will be Option No. 1 again.
Option No. 2 will eliminate that completely and what will happen is that the
applicants that want to use a use that is similar to the one that will be
allowed in a transitional area, will be required to have a zoning change and
in that process the applicant will have to go and get a recommendation from
the Planning Department, go to the Zoning Board, get a recommendation from the
Zoning Board, and then go to the City Commission for final action, taking to
readings. In cases where we have a zoning change that doesn't conform to the
plan, the applicant will have to go before the Planning Department for a
recommendation, go to the Planning Advisory Board for a recommendation, and
go to the City Commission for two readings to be approved. Option No. 3 was
the one that was presented by the Planning Department before.
Mayor Suarez: You love those matrices don't you?
Mr. Rodriguez: I try to make it easy. Since you are an engineer, I thought
it would be easier for me to go with the matrix.
Mayor Suarez: Two variables, three variables, four if you can....
Mr. Rodriguez: Option No. 3 will be the elimination of all transitional uses
and retention of limitations, meaning: That in the residential area, the
commercial area will not be able to extend those uses, but in the commercial
area there will be enough safeguards to protect the residential area adjacent
to them. Option No. 4 was the one that was presented at the meeting suggested
by Commissioner Plummer by which transitional uses will be retained, requiring
in all cases, to have a special exceptions that will have to be approved by
the City Commission. The difference between that and the present system is,
that in the present system, when you have a special exception, it will only go
to the City Commission when it is an appeal to that decision by the Zoning
Board. In this case...
Mayor Suarez: There's no automatic appeal to the Commission under the present
system, there would be under that.
Mr. Rodriguez: ...it would go directly to you.
Mayor Suarez: It would always come to our Commission; that's a procedural
safeguard; it's one of the objectives that we're trying to achieve.
Mr. Rodriguez: One possibility right. Now, as to the result of the workshop,
there were basically three major groups of opinions. The residents of the
area, the people representing civic groups and civic associations, favored No.
3, which is the Planning Department recommendation. The brokers and realtors
favored No. 1, meaning leaving things as they are while the zoning Ordinance
9500 was being reviewed. And the third position was espoused by some lawyers
that were at the meeting. They prefer Option No. 1, but would support Option
No. 4, meaning, allow the special exception to go to the Zoning Board and
then, in those cases in which there is an appeal, go to the City Commission.
You have all of that in the memo dated February 24, 1987, that I would like to
include for the record, and if you have any questions I would be more than
willing to try to answer.
123 February 26, 1987
Mayor Suarez: As I mentioned in the memo to the City Manager, I believe dated
today, I didn't get a chance to read it, to prepare it earlier, that workshop
was not much of a workshop. It was more like another extension of the
hearings that we have here. It was totally adversarial, both sides presenting
their views and not much of an effort to compromise, at least the part that I
was present at and the reports that I got. But at least you tried to continue
the discussion and hopefully some other alternative will come up.
Mr. Rodriguez: If I may add to that Mr. Mayor, the first part was like that.
There was a second part in the hearing in which we tried to open up the
discussion. It became a little heated, but it was an interchange of ideas
between the different people in the group and we couldn't have people around a
table that was large enough to handle them, but it was more of a workshop I
think.
Mayor Suarez: Maybe it's impossible to have a workshop in that kind of a
setting with that many people.
Mrs. Kennedy: You know, Sergio, what I really can't understand is, we're
going to be revising the 9500 ordinance. Why do it piecemeal? Why do we have
to tackle this?
Mr. Rodriguez: You directed me to do this.
Mrs. Kennedy: No, I didn't bring this up.
Mr. Rodriguez: The Commission I mean. When I say "you", I'm sorry, I mean you
all, the City Commission...
Mrs. Kennedy: I think it was Commissioner Plummer and then he left.
(LAUGHTER)
Mr. Rodriguez: City Commission...
Mrs. Kennedy: He hasn't been here sixteen years for nothing.
Mr. Rodriguez: City Commission instructed me to go and eliminate transitional
uses. And, I'm giving you my professional advice.I've not followed that, and
recommending something else instead which I believe it will be in the best
interest of the City. I don't say that the applicants that want to come
through a change shouldn't do it. What we're saying is if they want to use
the property which is now presently zoned residential for something else other
than residential, that they go through the process which is existing in the
books allowed and go before you for a full hearing or two hearings, and get
the rezoning process which, in my opinion, is a more complex, but at the same
time, more fair process.
Mayor Suarez: Introduced in the record letters received. I believe all of
these are in favor of alternative three.
Mr. Rodriguez: Any questions?
Mayor Suarez: What percentage of the City's entire areas affected by this
ordinance -- somebody gave me a figure of eighteen percent?
Mr. Rodriguez: You have a transparency with an example.
Mayor Suarez: And, I guess the second question, to follow up on that is,
have you considered applying this only to not all the arteries, but only the
ones in which we specifically want to protect the character of neighborhoods
or don't feel that there should be a tendency to more commercial or don't want
to encourage development and so on.
Mr. Rodriguez: The figure that we have as an estimate is that eighteen
percent of the City -- one eight -- eighteen percent of the City, is presently
zoned commercial. And the commercial zoning...
Mayor Suarez: one -eighth
Mr. Rodriguez: one eight.
124
February 26, 1987
Mayor Suarez: Oh, eighteen percent.
Mr. Rodriguez: ...follows the arterials and major roads. Behind them...
Mayor Suarez: ....typically....
Mr. Rodriguez: usually, most of the time typically, we have residential. So
what we're saying is...
Mayor Suarez: Wouldn't it be a fair statement that in a lot of those
arteries, this problem is not really quite as acute as in others. I mean,
some probably would welcome development; some would welcome just about
anything new that was built there and some areas, Coral Way typically and
Coral Gate and so on, might not be so interested in additional commercial
development.
Mr. Rodriguez: They might not be pressed in the same place for development in
all of them I agree, but at the same time there is pressure for development,
why don't we go with a process like the one we have today in the zoning cases
that we had today for example -- PZ-5 and 6, in which there was an interest to
do this and the proper way to handle it was through a zoning change in which
certain conditions were imposed.
Mayor Suarez: Well, I guess what I'm thinking is if there was a determination
at some point by this Commission that to have transitional uses in all these
areas, if we now go back on that and decide to modify that, why do it
wholesale and not go to specific areas where there is a problem of, you know,
domino effect, there is a problem of too much development, too much
encroachment into residential areas, as opposed to areas where that's not the
case.
Mr. Dawkins: I'm one of those who said, study this and bring it back and I
had the concern then and I have it now. I have no problems with the small
developers. My problem is with the big developers. And this, and I've said
it and I'm going to say it as long as I sit up here, this is just another
means of purchasing a piece of property that's zoned for one thing and after
you purchase it, you want to do something else with it and you go and do that
without coming before this Commission. Now, no one is saying that this can't
be done, but what I'm saying is come here and let this Commission take the
heat from the residents, like I have here, for making a decision. As it is
now, they buy the property, the homeowners are at their mercy, the homeowner
cannot hire an expensive lawyer to come down here and sit all day. The
average homeowner has to work; he can't come here and sit all day. So the
average homeowner does not know that the transitional use is being applied for
until it's gone and done. But, if it has to come before the Commission, then
we have an obligation to those who elected us to be responsive.
Mayor Suarez: Following up on that, I'm wondering why you didn't consider
building in, for example, to alternative four, if that is the idea the
Commissioner is alluding to. The other feature that we have been applying to
the Coral Way situations, which is the one -foot strip of differently zoned
property, so that no one could ever claim that they're abutting on the other
side of the streets, on the back streets, that they're abutting a commercially
zoned property. And that would be an additional feature of that alternative.
I'm not saying that I would vote for it, but it follows on the same kind of
thinking. Would that make sense, to have always that one -foot strip built in
to the law? To the zoning specified for that area?
Mr. Rodriguez: You mean through this....
Mayor Suarez: If we retained transitional uses, but required the Commission
to hear them and then built in a provision that said there would always have
to be at least a one -foot strip of property that would remain residential in
that back lot so that there would never be a domino effect?
Mr. Rodriguez: It's possible. There is no domino effect when you use a
special exception because there is no change of zoning. The domino effect...
Mayor Suarez: But we have been getting the covenants proffered voluntarily.
Mr. Rodriguez: Right...
125 February 26, 1987
6 4'
Mayor Suarez: Maybe we could build that into the code.
Mr. Rodriguez: But, what you're suggesting is actually the recommendation
that we're making which is No. 3. You're suggesting to allow them to do this
for a change of zoning and then require always to leave a buffer.
Mayor Suarez: Right...
Mr. Rodriguez: Which is what we're suggesting -- No. 3.
Mr. Dawkins: May I say something off the subject? I heard someone allude to
the fact that 9500 -- I've been trying to do away with 9500 ever since I've
been here. It is total chaos. I don't know what we're doing from one zoning
hearing to another because of 9500. And for the two of you who just got here,
they went all the way, and when I say they I mean the administration and we,
the commissioners, approved of it, they went all the way to Gainesville,
Florida, and brought somebody down here out of Gainesville who knows nothing
but zoning farms and rural area around Gainesville, to sit down and draw up
what we should do in the City of Miami, and how much did we pay him?
Mayor Suarez: Three hundred thousand.
Mr. Rodriguez: That was before my time, but I don't now exactly. I think
it's about...
Mayor Suarez: That's the figure I remember...
Mr. Dawkins: I beg your pardon...
Mr. Rodriguez: ...a lot of money.
Mr. Dawkins: ...and it's all fouled up Anytime we can get two more votes up
here, to scrap 9500, you got my vote.
Mr. Pierce: Mr. Dawkins, if I may
Mr. Carollo: I think I know that guy. It's the guy we put in charge of the
Sanitation Department collecting the trash bills, right?
Mr. Dawkins: Yes, uh-huh, yes, the same one.
Mrs. Kennedy: Mr. Mayor, what you were saying just a minute ago, you mean
leaving it like in Little Havana but eliminating it from the roads.
Mayor Suarez: Well, that was another question. I had wondered why there
wasn't any attempt to determine what areas of the City should still retain
transitional uses as opposed to eliminating the entire classification.
Mr. Carollo: I'm in favor of transitional use for the whole City. It's
absurd not to have transitional use. It's going to be more harmful to the
City than helpful since the only alternative you will have will be to rezone a
property and in many instances, you do not want to do that. So I'm willing to
make a motion to deny the petition by the Planning Department.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any further discussion? Call the roll.
THEREUPON, MOTION DULY MADE BY COMMISSION CAROLLO AND SECONDED BY COMMISSIONER
KENNEDY TO DENY THE PLANNING DEPARTMENT PETITION FOR TRANSITIONAL USES FAILED
BY THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: Vice -Mayor J. L. Plummer, Jr.
126
February 26, 1987
Mayor Suarez: Stalemate
Mr. Dawkins: No, ain't no stalemate. There is no stalemate. Madam City or
Mrs. City Attorney, according to Mason's Rules of Order, when you have a tie
vote, it is defeated. So, therefore, we go with what we have there.
Mr. Carollo: No, therefore, you go with the motion that was passed or denied
by the previous board, which was the Planning Advisory Board. They denied it.
Therefore...
Mayor Suarez: No, this Commission has to act...
Mr. Dawkins: How does that go Mr. City Attorney?
Mr. Korge: The motion fails.
Mr. Dawkins: All right, then what?
Mr. Pierce: The status quo remains in effect.
Mr. Carollo: Yeah, but the Planning Advisory Board recommended denial,
correct?
Mr. Pierce: Right.
Mr. Carollo: So that the only way that this motion could have carried was if
I made a motion for denial, which I did, and if that would have failed, the
only way it could have been carried was if the Planning Department had
approved it.
Mr. Walter Pierce: No, the...
Mayor Suarez: What you're saying is there's a real good chance that we won't
be able to...
Mr. Carollo: Anyway, we came out on top, that's the bottom line.
Mr. Walter Pierce: The Planning Advisory Board simply made a recommendation
to the City Commission. The City Commission motion just leaves everything in
the status quo, so nothing has happened; we're right back to Ordinance 9500 as
it exists today.
Mr. Carollo: No, for the record, I was in conformity with our Planning Board;
they were not, so was Commissioner Rosario Kennedy.
Mrs. Kennedy: What, I'm sorry?
Mr. Carollo: We were with the Planning Board.
Mayor Suarez: But, we have all kinds of possible motions and alternatives
depending on how this Commission wishes to proceed. I mean, we don't have to
keep trying forever. We are missing one commissioner right now.
Mr. Walter Pierce: One other thing that I thought, I don't know, Sergio
summarized the events at the workshop meeting on the 17th, but there was one
other thing that kept coming up and Sergio related to heavily. But the number
of attorneys in attendance seemed to suggest that the real problem with the
transitional uses from their perspective was the lack of notice, that the
public has the same issue that Commissioner Dawkins spoke to a moment ago.
Mayor Suarez: That's why they proposed alternative 4,
Mr. Pierce: Right, but what we're saying, leave it...
Mayor Suarez: ...which has automatic appeal.
Mr. Pierce: ...leave the status quo 3n tact, but add, a public notice
requirement into it.
Mayor Suarez: Right, which is alternative 4.
127 February 26, 1987
Mr. Dawkins: These letters here do not say that to me, OK.
Mr. Pierce: I understand that Mr. Dawkins, but those letters are from the
homeowners.
Mr. Dawkins: Right.
Mr. Carollo: OK, alternative 4 is leave this motion that we have as is, but
to give additional time of notification to the public.
Mr. Rodriguez: No
Mr. Pierce: To put in some public hearing, public notice requirement or public
hearing requirement of some sort.
Mr. Rodriguez: No. Alternative 4 is requiring all cases to have a special
exception that has to come before the City Commission,
Mr. Carollo: Require what now?
Mr. Rodriguez: In all cases that you have a special exception and that in all
cases they have to come before you for approval as compared to come before you
only when it is appealed.
Mayor Suarez: Automatic appeal to the City Commission on all...
Mr. Rodriguez: Right. For example, remember the drive-in issue that we had.
In all cases of drive-in, they have to come before you for final approval.
Mr. Carollo: That doesn't make sense because, you know, then we're going to
be throwing so much more stuff on us and now we already have the meetings
full.
Mr. Pierce: To be specific, you would be looking at an additional three to
five hearings per agenda if you had an automatic review requirement for
special exceptions on this.
Mr. Carollo: That doesn't make sense. I will be in favor to give additional
time of notice if that's a problem, but if there is no one that objects in the
neighborhood, then why should it have to come through us again and throw more
work here? OK, next.
Mrs. Kennedy: Well, there's four of us
Mr. Dawkins: Item 12
Mayor Suarez: Supposing, let me just ask one last question here in case that
for the next commission meeting we have a consensus here, supposing once
again, Sergio, that the Commission felt comfortable with some intermediate
solution to this, can you build in or does it make any sense to build in, a
requirement into the transitional use areas, designated areas, of never
allowing a rezoning of that last foot of property so that there will always be
a zoning buffer to call it that -- not a buffer zone of twenty feet for
landscaping. That may also be a good idea, but at the very least a...
Mr. Carollo: In transitional, you're not rezoning.
Mayor Suarez: Yes you are though...
Mr. Carollo: No, you're not.
Mayor Suarez: Yes you are though. Yes, you are. If we approve it, if the
City approves it you're rezoning.
Mr. Rodriguez: No, in transitional you are approving the use for a special
exception or special permit without rezoning it.
Mayor Suarez: But the property ends up with a commercial zoning in the back
lot.
Mr. Rodriguez: Commercial use but not commercial zoning.
128 February 26, 1987
Mayor Suarez: OK, commercial use, but you have told us that by leaving that
one -foot strip, it helps to prevent the spread of commercial into residential.
Can we build that in so we don't have to...
Mr. Carollo: If you rezone, if you rezone, but this ain't rezoning. That's
why you have transitional uses.
Mayor Suarez: But, in each case we have, when we've allowed the transitional
use to commercial...
Mr. Carollo: Keep it up and they'll never hire you as South Miami City
Attorney.
Mayor Suarez: In each case when we have allowed the transitional use, we
have approved the special use exception, we have built in the one -foot
provision that says that does not have a commercial use there,
Mr. Rodriguez: I think what we're saying
Mayor Suarez: sorry, not zoned for commercial use, can we build that into...
Mr. Rodriguez: You can build that, for example, in cases for a special
exception.
Mayor Suarez: Right.
Mr. Rodriguez: or Class C, that will allow you parking, for example, in that
bag, we can build something in the provision by which every case as part of
the approval, the people be required to leave a certain area of no
development.
Mayor Suarez: And that would be done administratively so it wouldn't, and
because it would be built in so that it wouldn't reach the Commission in every
case and it wouldn't overload us with hearings.
Mr. Rodriguez: I think it would be done administratively.
Mr. Pierce: Mr. Mayor, may I sir. The Commission has voted tonight. May we
take a look at this and come back?
Mayor Suarez: You're going to have a real workshop this time.
Mr. Pierce: I mean real staff workshop where we all try to put together
something and we come back to you at the next meeting with some proposals,
suggestions as to how you can deal with it as a policy matter...
Mrs. Kennedy: Yes.
Mayor Suarez: Yes, sounds like a good idea.
Mr. Pierce: ...rather than trying to work it out and creating confusion. All
right, so would you, I don't know the proper thing to do here would be.
Mrs. Kennedy: If we need a motion, I move...
Mr. Pierce: To continue this to the March 31st meeting?
Mrs. Kennedy: Will that give you enough time?
Mr. Rodriguez: What is your direction because I didn't get it very clear.
You want me to look for another alternative?
Mayor Suarez: I don't think you need to have this continued in any way, I
mean, the particular motion before us today failed. There's been no motion
that has passed so, I mean, for myself, I would like you to continue studying
and Commissioner Kennedy has indicated she would. Commissioner Plummer
obviously would, but I don't know that we need to take a vote on it.
Mr. Carollo: I think that can be done without taking a vote on it.
129 February 26, 1987
a
Mayor Suarez: And it's not automatically to come before us. I think we ought
to be ready at some point. What's everybody saying to each other here, what
are we doing procedurally now?
Mrs. Kennedy: I think it's a great idea. Let's move along.
Mr. Rodriguez: So, do you have to continue this item? I'm sorry.
Mrs. Hirai: You can either continue it or refer it back to the administration
with the request that they come back to you with...
Mrs. Kennedy: March 31st
Mr. Rodriguez: March 31st.
Mr. Carollo: Well, let's just refer it back to the administration.
Mayor Suarez: Yeah, I'm in favor of continuing the item, but I don't know if
we have the votes for it. Commissioner, if you want to take that to a vote go
ahead and move it.
Mrs. Kennedy: OK, I so move.
Mayor Suarez: So moved. Do we have a second?
Mr. Carollo: But what, what are you going to accomplish to continue it if
you're not studying it?
Mayor Suarez: It automatically comes back is what I'm saying. The study, in
effect, carries the directive from the Commission to bring it back to us.
Mr. Carollo: Let him go ahead and study it and then whenever you're ready,
hopefully, one of these days, have it right and come back to us.
Mr. Dawkins: To get off dead center, I second it because I don't know what
we're doing.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: I don't know.
Mayor Suarez: Any discussion on continuing this matter and bringing it
back...
Mr. Dawkins: Under discussion, now what?
Mayor Suarez: All we're doing is we're saying it automatically will come back
if this motion passes. If the motion doesn't pass, it's just simply being
studied and until somebody wants it to come back, either...
Mrs. Kennedy: Perhaps one day we can tackle Ordinance 9500 and do it all at
one time.
Mr. Dawkins: So what you're saying Commissioner Kennedy is that you want it
back at a certain time so that's why we're doing this. Is that what we're
saying Commissioner Kennedy?
Mrs. Kennedy: Mainly, it's because we can't come to an accord. I had asked
for the department to have meetings with everybody in the community which they
did. They came back with these recommendations and we can't seem to agree.
Personally, I think that we should wait until we tackle ordinance 9500 and do
it all at one time and not piecemeal, but I'm getting nowhere with that so...
Mr. Carollo: There's no need to, uh, then go ahead with this motion I guess.
We've not even given a date for it, let's just wait until they've put it
altogether.
Mrs. Kennedy: Sure, let them come back to us.
Mr. Carollo: Yeah, OK.
Mayor Suarez: You're withdrawing the motion.
130 February 26, 1987
Mrs. Kennedy: Well, there's no need for a motion so I'll withdraw it.
Mayor Suarez: Well, we have a pending motion. If you want to withdraw it
then...
Mrs. Kennedy: Sure.
Mayor Suarez: PZ-12. I'm sorry, Commissioner Dawkins.
Mr. Dawkins: Mr. Pierce...
Mr. Carollo: Listen, by the way, they do have this same zoning laws in South
Miami too, right.
Mr. Rodriguez: I'm not sure.
(LAUGHTER)
Mr. Dawkins: Mr. Pierce, when I said abolish 9500, you seemed to get upset.
What's your problems, sir?
Mr. Rodriguez: I wasn't really upset, Mr. Dawkins, but 9500 has been around
now since, has been in effect since June of 1983 and there are some...
Mr. Dawkins: And I came on the Commission in '81 and I've been complaining
ever since then.
Mayor Suarez: Well, let me ask a question since I wasn't here. When you say
abolishing 9500, do you mean a wholesale change of 9500, you don't mean to
abolish all zoning laws in the City Of Miami.
Mr. Dawkins: No, I mean get rid of, go back to where we were,
Mayor Suarez: OK, all right...
Mr. Dawkins: Go back to 9500 and...
Mayor Suarez: ...start from scratch from the old...
Mr. Pierce: Let me just caution you against that approach...
Mrs. Kennedy: That's a little drastic.
Mr. Pierce... because I shared that philosophy up until about four months ago
and realized that there's too much that is good in 9500. There are some
serious problems...
Mr. Dawkins: Well, we'll take that good, well, then, that gives us the time
to take that out and discard the rest of it.
Mr. Rodriguez: That's exactly what we've already started to work on.
Mayor Suarez: You started to work on that, a wholesale change of the
ordinance leaving only...
Mr. Dawkins: Don't believe that Mr. Mayor. (LAUGHTER) Don't believe that
Mr. Mayor.
131 February 26, 1987
i
49. DENY PROPOSED FIRST READING ORDINANCE ON OUTDOOR LIGHTING STANDARDS.
------------------------------------------------------------------------------
Mayor Suarez: PZ-12.
Mr. Carollo: Is this the last item today, or...
Mayor Suarez: Last item of today. This is the one on outdoor lighting, the
one that...
Mr. Carollo: The Planning Advisory Board denied it.
INAUDIBLE BACKGROUND CONVERSATIONS.
Mayor Suarez: This is the one that we're all in violation of, including the
Commissioner who is not here. If it passes and Walter Pierce, Assistant City
Manager, is this the one?
Mr. Carollo: Outdoor lighting standards.
Mayor Suarez: The one that...
Mr. Pierce: This was the item that Mr. Aaron proposed and it was deferred
and...
Mr. Carollo: Let's get some clarification of this.
Mrs. Kennedy: Is he here?
Mr. Dawkins: He isn't here though.
Mr. Pierce: I haven't seen him. He was here at the February 12th meeting.
Mr. Dawkins: He's not here.
Mayor Suarez: Why don't we defer that for J.L. to be here.
Mr. Dawkins: No, OK, but the gentleman was complaining here isn't here.
Mayor Suarez: Yeah, he's not even here so that's another good reason for
deferring.
Mr. Carollo: Yeah, let's defer that because.
Mayor Suarez: I entertain a motion to defer PZ-12.
Mr. Carollo: Do you want to defeat it?
Mr. Dawkins: Yeah, I mean, what you want? You want it defeated?
Mayor Suarez: Well, I'm not in favor of it so you got one vote against.
Mr. Carollo: More governmental intrusion into our private lives.
Mayor Suarez: Absolutely.
Mrs. Kennedy: What happened to Mr. Berry that he didn't show up at the
Planning Advisory Board and they voted 9:0 against him, well...
Mr. Dawkins: What's the recommendation of administration?
Mr. Pierce: To approve it.
Mr. Carollo: We vote no.
Mr. Dawkins: To approve it?
Mrs. Kennedy: To approve Mr. Aaron's request?
132 February 26, 1987
a �i
Mr. Rodriguez: We have by direction from you, from the Commission, to prepare
the ordinance that's right to do what he was right to get...
Mr. Carollo: Make a motion for denial.
Mayor Suarez: OK, I have a motion for denial. Do I have a second?
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mayor Suarez: If we had approved it the first person that would have to be
prosecuted would be Walter Pierce and we wouldn't want that to happen so...
Mr. Pierce: I'm legal.
Mrs. Kennedy: No, no, no, no, don't point no... he came to me as a
constituent.
Mayor Suarez: We have a motion to deny and a second. Any further discussion
from the Commission? Anyone from the general public wishes to be heard for or
against this item? Let the record reflect no one stepped forward. Call the
roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-222
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE ON
OUTDOOR LIGHTING STANDARDS AND RESTRICTIONS IN ALL ZONING
DISTRICTS.
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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
NOTE FOR THE RECORD: AT THIS POINT THE CITY COMMISSION FORMALIZED PRIOR
ACTION URGING THE FLORIDA LEGISLATURE TO PROVIDE FINANCIAL ASSISTANCE TO THE
BAY OF PIGS VETERAN'S ASSOCIATION FOR THE CASA BRIGADA MUSEUM AND LIBRARY.
(SEE R-87-203, LABEL #11)
------------------------------------------------------------------------------
50. REQUEST YOUTH ADVISORY COUNCIL TO CONSIDER RAISING FUNDS AT GENESIS
CONCERT FOR RONNIE DESILLERS AND LUCINDA BROWN.
------------------------------------------------------------------------------
Mr. Carollo: One more resolution, hold on. We had made a previous resolution
at our last meeting to, for the City of Miami to sponsor our Youth Advisory
Council and others to collect money at the Genesis concert this weekend for
Ronnie DeSillers. Now, there is another little gal that has the same problem
and I just want to get the Commission's blessing so that the funds that are
collected are collected for both of them. And, hopefully, if there are any
monies left over, that we can just carry it on for any future needy children
that need transplants.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
133 February 26, 1987
•
•
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 87-223
A MOTION OF THE CITY COMMISSION REQUESTING THE YOUTH
ADVISORY COUNCIL TO CONSIDER, IN THEIR FUND-RAISING
EFFORTS AT THE GENESIS CONCERT, TO UTILIZE SAID FUNDS FOR
BOTH RONNIE DESILLERS AND LUCINDA BROWN.
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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
Mayor Suarez: This Commission is adjourned. Thank you everyone.
TFOM BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE WAS ADJOURNED AT 6:46 P.M.
ATTEST:
!fatty Hirai
CITY CUM
Xavier L. Suarez
M A Y O R
* INCORY�irN.1T6U
l8 96 T
41
134
February 26, 1987
CITY of MIAMI
DOCUMENT INDEX
EXECUTION OF NEGOTIATED AGREEMENT
WITH WALLACE, ROBERTS AND TODD/WRT,
INC. FOR DESIGN OF PEDESTRIAN MALLS
IN SOUTHEAST OVERTOWN/PARK WEST
EXECUTION OF AGREEMENT WITH CELLAR
DOOR CONCERTS, INC. FOR GENESIS
CONCERT
VENDOR OCCUPATIONAL LICENSES NOT TO
BE APPLICABLE ON MARCH 1, 1987 FROM
3:00 P.M. TO 12:00 MIDNIGHT -IN
CERTAIN AREA
SUPPORT ANTI -DRUG ABUSE ACT
EXECUTION OF AMENDMENT TO GRAND
PRIX AGREEMENT WITH MOTORSPORTS
CONSTRUCTION OF PAVING PROJECT FOR
RACE TRACK
APPOINT VICE MAYOR PLUMMER AS
CITY'S REPRESENTATIVE TO DADE
COUNTY LEAGUE OF CITIES; APPOINT
COMMISSIONER DAWKINS AS ALTERNATE
REPRESENTATIVE
APPOINT RALPH JOHNSON TO THE CODE
ENFORCEMENT BOARD
(A) ALLOCATE $25,000 FOR THE BAY OF
PIGS VETERANS ASSOCIATIONP 2506
BRIGADE INC. (B) URGE STATE
LEGISLATURE TO ASSIST BAY OF PIGS
VETERANS ASSOCIATION
URGE U.S. SENATE AND U.S. HOUSE TO
ESTABLISH CENTER FOR ASSISTANCE
RELATING TO DONATIONS OF HUMAN
ORGANS
APPOINT OSVALDO MORAN-RIBEAUX TO
THE ZONING BOARD
ALLOCATE $2,000 FOR THE MINORITY AND
WOMENS BUSINESS TRADE FAIR.
,ABOLISH THE MIAMI MEMORIAL
COMMITTEE
FEBRUARY 26T 1987
PAN! OF ,_.,r
REIPAym CM No.
87-195
87-196
87-197
87-198
87-199
87-200
87-201
87-202
87-203
87-206
87-208
87-209
8 7- 210
STRONG OPPOSITION EXPRESSED TO
CONSTRUCTION OF ANY INCINERATOR
FACILITIES CLOSE TO CITY LIMITS, 87-212
ALLOCATE $250000 FOR THE MISS
COLLEGIATE BLACK AMERICAN PAGEANT;
URGE TOURIST INDUSTRY COALITION TO
LEND SUPPORT, 87-218
NN
DOCUMENT INDEX
CWamonaft
1 • F • -
F• 1 •
AUTHORIZE ADDITIONAL MEZZANINE SPACE
AT 1221 BRICKELL PROJECT,
87-220