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HomeMy WebLinkAboutCC 1985-10-24 MinutesCNIjn,..q CITY OF MIAMI . :.thy � • - r. * 1 NCORPgORATEI) 18 96 OF MEETING HELD ON OCTOBER 24, 1985 PLANNING & ZONING PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk L INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA OCTOBER 24, 1985 ITEM SUBJECT NO. 1 PERSONAL APPEARANCE OF MR. NICK SAKHNOVSKY REGARDING RESIDENCY REQUIREMENTS FOR CANDIDATES RUNNING FOR OFFICE. 2 PLAQUES, PRESENTATIONS & PROCLAMA- TIONS. 3 CONDOLENCES TO THE PEOPLE OF PONCE, PUERTO RICO. 4 PRESENTATION OFF PLAQUES TO CITY EMPLOYEES WHO WORKED IN THE BRUCE SPRINGSTEEN CONCERT. 5 APPOINT COMMISSIONER J. L. PLUMMER AND CITY MANAGER SERGIO PEREIRA AS A COMMITTEE OF TWO TO NEGOTIATE ON BEHALF OF THE CITY IN CONNECTION WITH THE WATER AND SEWER LAWSUIT. 6 AUTHORIZE EXPENSES IN CON1ECTION WITH A TRIP TO ST. PETERSBURG GRAND PRIX BY COMMISSIONER J. L. PLUMMER, THE CITY MANAGER AND ONE ASSISTANT. 7 APPROVE IN PRINCIPLE REQUEST BY DAVID WEAVER OF A $60,000 CONTRIBU- TION FOR IMPROVEMENTS TO DAVID T. KENNEDY PARK FOR USE AS TRAINING SITE FOR THE AMERICAN OLYMPIC TEAM; APPOINT COMMISSIONER PLUMMER TO ASSIST THE ADMINISTRATION IN NEGOTI- ATIONS FOR THIS PROPOSAL. 8 AUTHORIZE THE FIRM OF KUNDE, SPRECHER, YASKIN AND ASSOCIATES TO MAKE A DETAILED INSPECTION AND REPORT ON CONCRETE DECKING OF THE UPPER STANDS OF THE ORANGE BOWL STADIUM; FURTHER AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT NOT TO EXCEED $10,000 WITH SAID FIRM. 9 COMMEND COMMISSIONER PLUMMER, CESAR ODIO AND THE ADMINISTRATION FOR Tt1E SUCCESSFUL NEGOTIATIONS COMPLETED TO BRING THE PHIL DONAHUE SHOW TO MIAMI FOR FIVE NATIONALLY TELEVISED PRO- GRAMS; FURTHER AUTHORIZE THE ADMIN- ISTRATION TO ALLOCATE $50,000 IN CONNECTION WITH STAGING SAID SHOWS. LEGISLATION PAGE NO. DISCUSSION 10/24/85 PRESENTED 10/24/85 R 85-1070 10/24/85 PRESENTED 10/24/85 2 2 M 85-1071 2-3 10/24/85 M 85-1072 3-4 10/24/85 M 85-1073 4-5 10/24/85 R 85-1074 10/24/85 M 85-1075 10/24/85 5-6 RE 'ri% 10 EXTEND CONGRATULATIONS & APPRECIA- R 85-1076 7-8 TION TO MR. RONALD FINE FOR HIS 10/24/85 POSITIVE EFFORTS IN SECURING MAJOR FUNDING FOR NATIONALLY TELEVISED MIAMI ORIGINATED TELEVISION PRO- GRAMS. 11 APPROVE IN PRINCIPLE REQUESTS OUT- LINED BY REPRESENTATIVES OF THE MIAMI DESIGN MERCHANTS ASSOCIATION; DIRECT ADMINISTRATION TO LOOK INTO RECOMMENDATIONS FROM THE MERCHANTS AND TO COME BACK WITH A REPORT & SPECIFIC RECOMMENDATIONS TO ASSIST THIS GROUP. 12 PERSONAL APPEARANCE OF CHARLES E. WRIGHT, MIAMI-DADE TRADE & TOURISM COMMISSION, INC - CONTINUED. 13 ALLOCATE AN AMOUNT NOT TO EXCEED $22,000 IN SUPPORT OF 1986 THREE KINGS FESTIVAL PARADE JANUARY 11-12, 1986. M 85-1077 8-10 10/24/35 DISCUSSION 11 10/24/85 R 85-1078 12 10/24/85 14 ALLOCATE AN AMOUNT NOT TO EXCEED DISCUSSION 13-14 $75,000, TO ASPIRA OF FLORIDA, INC., 10/24/85 BELAFONTE TACOLCY CENTER, INC. AND THE CITY'S BOXING PROGRAM. SEE LATER R-85-1100 FOR AMENDMENT. 15 PERSONAL APPEARANCE OF MR. NICK DISCUSSION 14-15 SAKHNOVSKY REGARDING RESIDENCY 10/24/85 REQUIREMENTS FOR CANDIDATES RUNNING FOR OFFICE - CHALLENGE VICTOR DE YURRE'S RESIDENCY. 16 DISCUSSION OF PAUL COLLINS WITH- DISCUSSION 15 DRAWAL FROM CANDIDACY. 10/24/85 17 DONATION OF 3,000 TICKETS TO SENIOR DISCUSSION 15-16 CITIZENS BY MANOLO TORRENTE FOR SHOW 10/24/85 NOVEMBER 3, 1985. 18 URGE FLORIDA POWER & LIGHT TO ADHERE M 85-1080 16-17 TO CHARTER REQUIREMENTS IN AREAS 10/24/85 SUCH AS BAYSIDE & IMMEDIATELY RE- PLACE UTILITY POLES WHICH HAVE BEEN INSTALLED WITH UNDERGROUND LINES. 19 TEMPORARY CONTINUANCE OF AN APPLICA- DISCUSSION 17-18 TION FOR CHANGE OF SECTOR NUMBER - 10/24/85 FABULOUS DIAMOND'S, 655 N.W. 57 AVE. 20 CHANGE ZONING CLASSIFICATION OF ON FIRST 18-21 PROPERTY LOCATED AT APPROXIMATELY READING 267 S.W. 18 ROAD & 1768-1776 S.W. 2 10/24/85 COURT FROM RS-2/2 TO CR-2/7. 21 CHANGE ZONING CLASSIFICATION OF FIRST 21-22 PROPERTY LOCATED AT APPROXIMATELY READING 340-352 N.E. 32 STREET & 335-415 10/24/85 N.E. 31 STREET FROM RG-3/6 TO CR- 3/7. u Ll 22 PERSONAL APPEARANCE OF ANN MARIE DISCUSSIO14 22-24 ADKER REQUESTING COMPLETION OF 10/24/85 GIBSON PARK & RENOVATION OF PARKS IN THE OVERTOWN AREA. 23 CHANGE ZONING CLASSIFICATION OF FIRST 24 PROPERTY LOCATED AT APPROXIMATELY READING 2490 N.W. 14TH STREET FROM RG-1/3 TO 10/24/85 RG-2/5. 24 CHANGE ZONING CLASSIFICATION OF FIRST 25 PROPERTY LOCATED AT APPROXIMATELY READING 2504 N.W. 14TH STREET FROM RG-1/3 TO 10/24/85 RG-2/5. 25 APPLY HC-1: GENERAL USE HERITAGE FIRST 26 CONSERVATION OVERLAY DISTRICT TO THE READING DADE COUNTY COURTHOUSE. 10/24/85 26 AME14D 9500, SUBSECTION 2003.7 CONVE- ORDINANCE 27 NIENCE ESTABLISHMENTS AS ACCESSORY 10050 TO RESIDENTIAL OR OFFICE USES TO 10/24/85 ALLOW CERTAIN QUICK COPY SERVICES AS A PERMITTED USE; AMEND SECTION 3602 TO ADD DEFINITION FOR QUICK COPY SERVICES. 27 AMEND 9500, SECTION 2013.7 TO CLARI- FIRST 28-30 FY PRIMARY, SECONDARY & TERTIARY READING WALLS AND WINDOWS; SECTION 3602 TO 10/24/85 PROVIDE DEFINITION FOR RESCUE MIS- SION & JEWELRY; OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, CR-1 COMMER- CIAL RESIDENTIAL TO ALLOW VIDEO TAPE SALES & RENTALS; CR-2 COMMERCIAL RESIDENTIAL TO PERMIT DRIVING SCHOOL AGENCIES; CR-3 COMMERCIAL RESIDEN- TIAL TO DELETE RESCUE MISSIONS AS PERMITTED USE; PAGE 5 ASTROLOGISTS, FORTUNE TELLERS, ETC. 28 DEFERRED - REQUEST FOR VACATION & DEFERRED 30-31 CLOSURE OF N.W. 1 AVENUE BETWEEN 10/24/85 N.W. 76TH STREET & N.W. 77TH STREET - TENTATIVE PLAT 1252 - "PELAEZ-ZOGBY SUBDIVISION". 29 CONTINUE CONSIDERATION TO AMEND LAND CONTINUED 31 USE & LAND ACQUISITION ELEMENTS OF 10/24/85 1982 REDEVELOPMENT PLAN FOR AREA BOUNDED BY BISCAYNE BLVD, NE/NW 5 STREET, I-95 & I-395. 30 CONTINUE CONSIDERATION FOR AMEND- CONTINUED 32-34 MENTS TO EXHIBIT "A" - DEVELOPMENT 10/24/85 ORDER - TERREMARK - 2560-2580 TIGERTAIL AVE., 3204-3240 AVIATION AVE. & 2583-2585 SOUTH BAYSHORE DRIVE. 31 CONTINUE PROPOSED REPEAL OF ORDI- M 85-1081 34-49 NANCE 9775 MINORITY PROCUREMENT 10/24/85 PROGRAM & SUBSTITUTION OF "THE MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT ORDINANCE OF THE CITY OF MIAMI, FLORIDA." 32 AMEND SECTION 40-105 OF THE CODE ORDINANCE 49-50 "DISCRIMINATORY PRACTICES, FRAUDU- 10051 LENT STATEMENTS, IMPROPER SOLICITA- 10/24/85 TIONS, ETC., PROHIBITED PENALTIES" BY PROVIDING THAT NO PERSON SHALL BE FAVORED OR DISCRIMINATED AGAINST BECAUSE OF PHYSICAL OR MENTAL HANDI- CAP. 33 AME14D SECTION 30-55 OF THE CODE ORDINANCE 50 "SPECIAL RATES" BY ADDING SUBSEC. 10052 (F) ESTABLISHING SPECIAL RATES FOR 10/2U/85 ELECTRIC CART RENTAL AND GREEN FEES AT CITY GOLF COURSES. 34 AMEND CHAPTER 50 "SHIPS, VESSELS, FIRST 51 AND WATERWAYS," OF THE CODE BY READING ADDING AN ARTICLE IV "MIAMI VESSEL 10/24/85 MOORING CODE". 35 AUTHORIZE EMPLOYMENT OF GEORGE F. R 85-1082 52 KNOX AND ALAN ROSENTHAL AS SPECIAL 10/24/85 COUNSEL TO THE CIVIL SERVICE BOARD AND THE CODE ENFORCEMENT BOARD. 36 CLAIM SETTLEMENT - MARIA LLORENTE - R 85-1083 53 $7,000. 10/24/85 37 CLAIM SETTLEMENT - MARTHA CLARK - R 85-1084 53-54 $7,500. 10/24/85 38 ALLOCATE $10,000 FOR ONE CITY COM- R 85-1085 54-55 MISSIONER AND OTHER CITY PERSONNEL 10/24/85 TO TRAVEL TO ROME, ITALY AND MAKE CITY'S PRESENTATION TO BOARD OF DIRECTORS OF THE AMERICAN SOCIETY OF TRAVEL AGENTS (ASTA) ON NOVEMBER 11, 1985. 39 AUTHORIZE LEASE AGREEMENT WITH HOPE R 85-1086 55-56 PRESCHOOL, INC. FOR LEASE OF FORMER 10/24/85 FIRE STATION #9 FOR PRESCHOOL AND DAYCARE FACILITY. 40 ALLOCATE UP TO $50,000 TO PARTLY R 85-1087 56-57 UNDERWRITE "THE 16TH ANNUAL 10/24/85 BUDWEISER UNLIMITED HYDROPLANE REGATTA" AND AN ADDITIONAL $25,000 AS A GRANT IN CONSIDERATION OF ENTERTAINMENT SPORTS PROGRAMMING NETWORK TELEVISION COVERAGE OF THE EVENT. 41 ACCEPT IN PRINCIPLE PROPOSAL OF R 85-1088 57-58 CASINO ESPANOL DE HABANA, INC. FOR 10/24/85 LEASE OF NORTHEASTERLY CORNER OF MARINE STADIUM COMPLEX LAGOON AT VIRGINIA KEY. 42 APPROVE, SUBJECT TO APPLICABLE STATE R 85-1089 58-59 BEVERAGE DEPARTMENT RULES, A PERMIT 10/24/85 TO DISPENSE BEER NOVEMBER 17, 1985 AT NO CHARGE AT THE PICNIC FOR RESIDENT PSYCHIATRISTS OF JACKSON MEMORIAL HOSPITAL. 43 AUTHORIZE CITY MANAGER TO REDUCE R 85-1090 59 RETAINAGE ON CURTIS PARK ELDERLY 10/24/85 MEALS FACILITY PROJECT FROM 10% TO 2.5%. 44 `O-DESIGNATE SOUTH 8TH STREET BE- R 85-1091 59-60 TWEEN S.W. 27TH AVENUE AND BISCAYNE 10/24/85 BAY AS "CALLE OCHO". 45 REFER TO CITY MANAGER BID OF "ALL M 85-1092 60-72 STAR SECURITY" FOR CROWD CONTROL AT 10/24/85 THE ORANGE BOWL. 46 APPOINT ARSENIC MILIAN AS MEMBER OF R 85-1093 72-73 ZONING BOARD. 10/24/85 47 RESCIND R 83-1054 AND FINDING THAT R 85-1094 73-74 THE CITY NO LONGER NEEDS TO ACQUIRE 10/24/85 LANDS DESCRIBED IN SAID RESOLUTION - S.E. MIAMI AVENUE ROAD (BRICKELL PLAZA). 48 GRANT APPLICATION FOR MAJOR USE R 85-1095 74-76 SPECIAL PERMIT - 1111 BRICKELL 10/24/85 AVENUE. 49 PHIL DONAHUE SHOW - FEBRUARY 1986. DISCUSSION 76-77 10/24/85 50 PERSONAL APPEARANCE OF NICK M 85-1096 77-81 SAKHNOVSKY REGARDING VICTOR DE 10/24/85 YURRE'S RESIDENCY; COMMISSION FIND- ING OF NO VALIDITY TO ALLEGATIONS. 51 REFER TO CITY MANAGER REQUEST FOR M 85-1097 81-83 CITY SUPPORT IN STAGING DR. MARTIN 10/24/85 LUTHER KING JR. BIRTHDAY COMMEMORA- TIVE; DIRECT CITY MANAGER TO MAKE CITY -SPONSORED EVENT & REPORT BACK TOO CITY COMMISSION. 52 RESCIND R 85-1041 - BID OF ALL STAR R 85-1098 84 SECURITY FOR CROWD CONTROL SERVICES 10/24/85 AT ORANGE BOWL. 53 AMEND R 85-1023 BY REDUCING THE R 85-1099 85 AMOUNT TO $25,000 AND AUTHORIZING 10/24/85 THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COCONUT GROVE CARES, INC. FOR VIRRICK GYM YOUTH BOXING PROGRAM. 54 ALLOCATE $25,000 TO ASPIRA OF FLORI- R 85-1100 86 DA, INC. AND $25,000 TO BELAFONTE 10/24/85 TACOLCY CENTER, INC. 55 ALLOCATE $40,000 TO FLORIDA A & M R 85-1101 86-87 UNIVERSITY NATIONAL ALUMNI ASSOC., 10/24/85 INC., FOR 1985 ORANGE BLOSSOM CLAS- SIC AND DESIGNATING SAID EVENT AS A CITY -SPONSORED EVENT. 56 AUTHORIZE PURCHASE OF 95 PIECES OF R 85-1102 87-89 LAWN MAINTENANCE EQUIPMENT AT A COST 10/24/85 OF $97,840 FOR THE DEPARTMENT OF PARKS AND RECREATION. 57 REINSTATE A $100,000 ALLOCATION FOR M 85-1103 89-90 IMPROVING THE MIAMI MARINE STADIUM 10/24/85 WHICH WILL BE THE SITE OF FIVE NATIONALLY TELEVISED PHIL DONAHUE SHOWS IN FEBRUARY, 1986. 58 REFER TO CITY MANAGER THE DIRTY DISCUSSION 90 CONDITION OF STREETS & LOTS FOR 10/24/85 REVIEW. i 59 AMEND 9500 BY CHANGING SECTOR NUMBER ORDINANCE 91 OF PROPERTY LOCATED AT 655 N.W. 57TH 10053 AVENUE (FABULOUS DIAMOND'S) FROM RG- 10/24/85 2/4 TO RG-2/7. 60 CONTINUE FOR FURTHER INFORMATION DISCUSSION 92 AGENDA ITEM 35, AMENDMENT TO SEC. 10/24/85 10.5-20 OF THE CODE - OBSCENE OR INDECENT MATERIAL OVER CABLE TELEVI- SION.(See label 63.) 61 CHANGE ZONING CLASSIFICATION OF ORDINA14CE 93-96 PROPERTY LOCATED AT 5950 - 59909 10054 N.W. 7TH STREET (PAN AMERICAN HOSPI- 10/24/85 TAL) FROM RS-2/2 TO RG-3/5. 62 CLAIM SETTLEMENT - ORLANDO R 85-1104 96-97 MARTINEZ - $41,400. 10/24/85 63 CONTINUED DISCUSSION OF AGENDA ITEM CONTINUED 97-98 35, AMENDMENT TO SEC. 10.5-20 OF THE 10/24/85 CODE - OBSCENE OR INDECENT MATERIAL OVER CABLE TELEVISION. 64 REQUEST CITY MANAGER SERGIO PEREIRA DISCUSSION 98-99 TO STAY WITH CITY UNTIL END OF 10/24/85 NOVEMBER SHOULD HE BE SELECTED AS COUNTY MANAGER. 65 PRAISE POLICE DEPARTMENT FOR DISCUSSION 99 STRENGTH AND COURAGE. 10/24/85 CITY 00MMISSION OF MIAMI , FLORIDA On the 24th day of October, 1985, 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 9:24 A.M. O'Clock by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Demetrio Perez, Jr. Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre * Entered meeting at 9:33 A.M. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo ALSO PRESENT: Sergio Pereira, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. 1. PERSCNAL APPEARANCE OF 1- NICK SAE2MVSKYPIZARDING RESIDENCY REWMEMENTS FOR CAIMMATES RUNNING FOR OFFICE. IM: At about 9:23 and before there was the appropriate quorum to begin the meeting officially, Nick Sakhnovsky (candidate in Group V) was recognized by Mayor Ferre and raised some questions as to legal residency of Victor de Y'urre (candidate in Group V). Mayor Ferre referred Mr. Sakhnovsky to the City Clerk for appropriate handling of his concerns. �.401. ;'•A OW-1- 'Zj1-kkZj-k 00..I I `tiY • 1.e• " 0 Y.4 "j.1- Q& b.1.1.I:I:,IMII- • `S 2. PLAQ LMS , PRESENTATIONS & PROCLAMATIC NS . Chairman,LAHATUR EMMM:. Declaring President Ronald Eoa= Day on the second anniversary of the liberation of Grenada. Presented to- Carlos Perez, • a- _• Citizens forDa+ • the inauguration of the station. Presented to Amancio Victor Suarez, President, and Armando Perez Roura. PBOCLAXATION PF30ERrM:. National School of TechnoloZy Day, Presented to XAXk Kobel. Director,- • 1 MQUAr-CLAM PRBSERM:. Condolences to the people of Pon... The following resolution was introduced by Commissioner Perez, who moved its adoption: RESOLUTION NO. 85-1070 A RESOLUTICN OF THE MIAMI C= COMMISSION ON BEHALF OF THE OF 1 OF ■ ■ FLORIDA,EXPRESSING SYMPATHY• THE PEOPLE OF • al• • RICO FOR THE HUNDREDS OF LIVES = DUE TO THE DEVASTATING FLOODSAND MUDSLIDES IN THE SOUTHERN PART OF al• • - •• MA124LY IN 1 NEIGHBORHOOD OF •S MAMEYES AND DECLARING TH1• al DAYS OF MOURNING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo 4. PRESENTATION OF PLAQUES TO CITY EMPLOYEES WHO WORKED IN THE BRUCE SPRINGST!EEN CONCERT AND KEY OF CITY TO ALEX GORT . i A 1= ;Ri:r.`iMMTo the City Employees wh• worked in the Bruce Springsteen concert. SPECIAL THANKS to Nester -Toledo. Assistant to the City Manager, for his work during the concert. Plaques to Chief Clwenoe Dickson & Police D=tment. Commissionermer, Jr.. Cesax •d_-• Wa.1ter Golby. Captain Larry Glover. and Randy Richaxdson. KEY •1' MCI E•,E:-MMTo Alex Gort. 5. APPOINT C0MMISSI0NER J. L. PLUMrM AND CITY MANAGER SERGIO PEREIRA AS A OOMMI= OF TWO TO NEGOTIATE ON BEHALF OF THE CITY IN CCM=ION WITH THE WATER AND SEWER LAWSUIT. Mayor Ferre : We now are into pocket items. All right, Mr. Plu mer , I recognize you for pocket items. Mr. Plu mer : Mr. Mayor, I recognize the Manager for a pocket item. Mr. Pereira: Mr. Mayor, as you know I have been in conversations with the County Manager in relationship to the water and sewer lawsuit that is pending at this point, and. what I would like is your authorization, and if I may take the liberty add, that you can ask Commissoner Plummer to serve with me in a committee of two, so that we can negotiate a settlement to this lawsuit with Metropolitan Dade County vis-a-vis Water and Sewer and bring back a recommendation to this Commission at the November 13th meeting, sir. 91 2 October 24, 1985 Mayor Ferre: All right, Commissioner Plummer, I will so appoint this committee, and it is moved by Plummer, seconded by Perez. Further discussion Mr. Plummer: Mr. Mayor, it our hope and intent that we can come back with some settlement on the 13th of November. Mayor Ferre: All right, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-1071 Fx#T-10N APPOINTIM00MMITTEE OF • FORMED BY IN ORDER THAT T= NBSOTIATE ON BEHALF OF THE CITY AND BRING BACK THEIR, RECOMMENDATIONS BY THE =ING OF NOVEMBER 13TH IN 0CNNECTICN WITH THE WATER AND SEWM Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurioe A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vioe-Mayor Joe Carollo 6. AUMRIZE EXPENSES IN CONNECTION WITH A TRIP TO ST. PEI7ERSBURG GRAND PRIX BY COIMSSIONER J. L. PLLMMER, THE CITY MANAGER AND ONE ASSISTANT. r Mr. Plummer: Mr. Mayor, the only other pocket item I have, I would like authorization from this Commission that monies be expended for the traveling of the Manager, an assistant and myself to St. Petersburg to attend the Gram Prix Race there. All three of us are deeply involved in the Grand Prix here, and as we always know, we learn from other people's expenses. Mayor Ferre: There is a motion by Commissioner Perez, seconded by Plummer. Further discussion? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption: MOTION NO. 85-1072 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE THE NECESSARY MONIES IN CONNECTION WITH A TRIP TO BE MADE BY THE CITY MANAGER, ONE ASSISTANT, AND COMMISSIONER J. L. PLUMME R, TO ST . PEI'ERSBURG IN ORDER TO ATTEND THE GRAND PRIX RACE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo ...,• ■ • • ■ . an ■ ■■11 a1• • •.. • • • • ••1 • • • ■ 11 •,• 2 121 • ■ • ■■ �� �1■ ...� • . .. ■ ■ • . 1 BM. • 1• • • • ■ ••, 1 ■ •1 al• • 171' • ■: on • ■ a • •� • • ■ • •.• • • Mayor Ferre: My pocket item this morning is Mr. David Weaver, if you would step forward ... Mr. Mario Bustamonte. Discussion of Miami as the site for the U. S. Sailing Center of the Olympic Yachting Committee of the U. S. Yacht Racing Union wants to use David Kennedy Park. They are asking for $60,000 so that the park can be improved, so that this can be accomplished. I received a letter October loth with a corresponding map. You all have got copies of it, and subsequent material. Obviously the United States Olympic Yachting Committee is a very important organization, as is the United States Yacht Racing Union, which is the national organization authorized to look over sailing activities in our country. I think that this training site for the American Olympic Athletes would bring a tremendous amount of international Press and attention. I am sure we would have not only the big sports magazines, and the sports newspapers, but the New York Times and Time Magazine and everybody that is watching the development of our Olympic team, with the focusing on what is happening right here in Miami. Mr. Weaver, let me say that I strongly support this. I would like however, since I think this might fit very nicely into the activities that Commissioner Plummer is already working on, to appoint Commissioner Plummer as a committee of one with the Manager to sit down and negotiate and discuss with you how much land and what monies, if any. Mr. Cesar Odio, of course, would be involved in that too. Anything else you want to add to it? Mr. Plummer: Are we moving it in principle, is that it? Mayor Ferre: Sure. Mr. Plummer: I so move, Mr. Mayor. I think it would be a great thing if the Winter Games '86 progresses as it has, and this would be a very important part, thereof. Mayor Ferre: All right, is there a second? Mr. Perez: Second. Mayor Ferre: Is there further discussion? It is approved in principle. It sets up a committee on the Commission of one, which is J. L. Plummer, and to the Administration and work out the details and finalize it. Mr. David Weaver: Thank you very much, Gentlemen. Mayor Ferre: Call the roll. gl 4 October 24, 1985 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-10'f`3 / • ■■ al• alai ■ � • ■ / ••1 • : •1 ■ 1 1 181' • 1' laf• • •• / / ••; 1 / •1 81' 1191• •1; i / ?I • •1 I• •1 1 Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo 8. ALrMRIZE THE FIRM OF KUNDE, SPRDCi ER, YASKIN AND ASSOCIATES TO MAKE A DETAILED INSPECTION AND REPORT ON OONCRETE DB= G OF THE UPPER STANDS OF THE ORANGE BOWL STADIUM; FURTHER AUTHORIZE THE CITY MANAGER TO ENTER = A PROFESSIONAL SERVICES CONTRACT NOT TO EXC,'EID $10 , 000 WI'I«H SAID FIRM. Mayor Ferre: We need to have a resolution authorizing an engineering inspection of the entire upper deck of the Orange Bowl. As you have seen in the Press, the fans start going like this all the time. They stomp, and evidently somebody stomped their foot through the top deck. I need to tell you, Mr. Manager, I am very worried about that, and if a piece of concrete that size, that is 50 years old falls through the roof and hits somebody, it could kill somebody, and we of course, would be liable. We need to ... I am sorry for the Dolphins, but we need to make absolutely certain that that kind of stomping does not occur, and if we can't control it, if it occurs, that the stadium is safe so concrete is going to be falling on top of people's heads. Mr. Pereira: That is why we are requesting this item as an emergency so engineers can come in and look at the whole structural situation of that upper deck, sir. Mr. Plummer: For the record, Mr. Mayor, and any future liability , that has not been there 50 years. The upper deck was only built about 20 years ago, or less, and I am just saying that for the record. Mayor Ferre: I think that it is important that we do everything that we can to make that a safe a stadium as possible. A11 right, is there a motion? Mr. Plummer: So moved. Mr. Perez: Second. Mayor Ferre: It has been moved and seconded. The fee will not exceed $10,000. All right, call the roll. gl 5 October 24, 1985 The following resolution was introduced by Conni.ssioner Plummer, who moved its adoption: RESOLUTICN NO. 85-1074 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vioe-Mayor Joe Carollo 9. OOM= COMMIISSIONER PLU101Et, CESAR ODIO AND THE ADMINISTRATION FOR THE SUCCESSFUL NEGOTIATIONS COMPLE'I'ID TO BRING THE PHM DONAHUE SHOW TO MIAMI FOR FIVE NATIONALLY TELEVISED PROGRAMS; FURTHER AUTHORIZE THE Aa=STRATION TO ALLOCATE $50,000 IN OXNDCI'ION WITH STAGING SAID SHOWS. Mayor Ferre: Negotiations have been completed to obtain the Phil Donahue Show for Miami, and monies in an amount not to exceed $100,000 must be obligated by the City before the contract is signed ... $50,000. Mr. Plummer: I've got $50,000. Mayor Ferre: The required $50,000 from the City will produce five nationally televised programs from the City of Miami during one week in the month of February, 1986. Now, the site to be jointly determined by the City of Miami and the production company, Multi -Media, upon inspection of the proposed site. The sites which are presently under consideration of the City of Miami, James, L. Knight Center, and the Miami Marine Stadium. The estimated $50,000 will be needed to cover the following expenses: rental of the television equipment, including the remote truck, which is the production van, rental of T. V. cameras, video-tape recorders and lighting equipment, salaries of the neoessary crew members, air transportation, food, lodging, for fourteen members of Phil Donahue regular crew. Ladies and Gentlemen, you may recall, that one of the things that put this community - Miami and Miami Beach on the map was when Hank Meyer was able to get Arthur Godfrey first and Jackie Gleason, second. Now, when Jackie Gleason was televising his shows from Miami, Miami was on the national pages and television sets of America. Obviously, Phil Donahue, is a major, major, star, and for us to be able to secure Phil Donahue for five days in February, is a major coup for Miami. Frankly, $10,000 for the City, per show is nothing in comparison to tremendous positive publicity we are going to get. I think this is wonderful news. I want to oomnend Cesar Odio, who has been negotiating these things, and done it with tremendous ability. I want to comnend J. L. Plummer, who got from the T.D.C. $50,000 yesterday. I think this is another major step forwazd, like the Grand Prix, like Miss Universe, and I think these are the types of thugs that will help us innumerably in the tourist world of America., so, to all of you who participated, my congratulations. And now, I will accept a motion. 91 6 October 24, 1985 Mr. Plummer: Mr. Mayor, I move that we accept the offer and that we allocate those amounts of monies for this show in February. Mr. Perez: Second. Mayor Ferre: There is a motion. Commissioner Perez seconds. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-1075 MOTION COMMENDING =1MISSICNER, J. L. PLUMMER, CESAR •i■ • 1■ THEADMINISTRATION • • - THE SUCCESSFUL NEGOTIATIONS ■ •1 BEEN OOMPL= TO BRING THE PHIL DONAHUE SHOW • THE CITY OF ■ • ■ FOR FIVE NATIONALLY TELEVISED PROGRAMS; E1• AUTHORIZING AND DIRECTING TH1 ADMINISTRATION T• AIWGATE THEO OF • • • • WHICH WILL E171•E1■ IN CONNECTION WITH STAG■ ' OF ■• SHOWS DURING TH1 •1 OF 'JBRUARY 1986. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carolo • 71Y E1 1■ CONGRATMATIONS & APPRECIATIONTO MR. RONAID FINE FOR HIS POSITIVE EFFORTS IN SECURING MAJOR FUNDING FOR NATICKALLY TELEVISED MIAMI ORIGINATED E1 •1 PROGRAMS. Mr. Plummer: Mr. Mayor, may I just announce to you, sir, that we were very happily surprised yesterday that the bid revenue has exceeded the projections. There was a surplus of approximately $300,000. By motion of our good friend, Ronnie Fine, that money has been placed into a fund to be used exclusively for any T.V. programs nationwide, that originate from Miami. We were the first to receive $ 50 , 000 grant from that new fund, so there is now remaining, $ 250 , 000 in that fund, exclusively for T.V. programs that originate in this community to go nationwide, and Mr. Mayor, I would appreciate, since it was the fine efforts of Ron Fine, that you, on behalf of this Commission, would semi him a letter thanking him for that. Mayor Ferre: Let's do it formally. Commissioner Plummer moves, Commissioner Perez seconds, a motion of congratulations and appreciation to Mr. Ronald Fine, for the wonderful, creative, work that he has done in positively moving this ooimmuii.ty forward by securing major funding for nationally televised Miami originated television programs. Okay? Further discussion? Call the roll. gl 7 October 24, 1985 1% 0 The following resolution was introduced by Commissioner Plummer, who moved its adoption: ' ' • 91 • 1• •191 ■ • • ■ •1 1■ al• 1■ RE tell ■ ■ •' ■ 81• .91 •1' •.•t'1• (Here follows body of resolution, omitted here and on file in the Office of the City Clerk. ) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vioe-Mayor Joe Carollo 11. APPROVE IN PRINCIPLE R1Q=S UM= BY REPRESENTATIVES OF THE KLAMI DESIGN MERCHANTS ASSOCIATICN; DI= AU=STRATICN TO LOCK INTO R=MMENDATICNS FROM THE MERCHANTS AND TO COME BACK WITH A REPORT & SPECIFIC RECOMMENDATIONS TO ASSIST THIS GROUP. Mayor Ferre: My last pocket item deals with Jean Whipple and the Design Plaza. Ms. Whipple are you here? Would you step forward. You will notice in Miami Today which just came out J. L., I don't know whether you have a copy. Mr. Plummer: I have read it. Yes, sir. Mayor Ferre: The Miami Design Plaza gears up to hold its own against Dania. Let me put this in perspective The Miami Design Plaza is one of Miami's money producing?, job producing centers. It has... there are over two hundred stores. There are over fifty property owners. It pays millions of dollars of taxes. It has two thousand employees. It is a million and a half square feet = and it is under attack because Dania arri a private entrepreneur is building a major design center in Dania which is half hour ride away and we need to protect it and help these people as much as possible. Now, we recently granted them eighty thousand dollars and they are moving ahead, but they have some ideas that they want to present. So, go ahead Jean. Ms. Jean Whipple: Mayor, Commissioners, my name is Jean Whipple, 520 Brickell Key Drive. I would like to introduce Jack Gordon who is Vioe-President of the Merchants Association for the Design Plaza. Mayor Ferre: Good morning, Mr. Gordon. Mr. Jack Gordon.: Good morning, Mayor. Good morning, Commissioners. My name is Jack Gordon., 11417 North Bayshore Drive, North Miami., Florida. I'm appearing here as Vioe--President of the Miami Design Merchants Association and I'm not going to belabor the same statistics that the Mayor just so eloquently stated, the fact that we play a very important role in the economic picture and the appeal of the City of Miami, but it so often is the case... many times we turn our attention to other avenues of how to further the growth of a great city and Miami certainly is a great city and we ignore the very things that exist underneath our nose, which may be in danger, not only of stagnating and going down hill, but not taking advantage of the potential of the growth that we could build upon. We axe in danger of losing something very substantially gl 8 October 24, 1985 � S4 ed r qe u important economically in terms of jobs and jobs taxes and we fund the economic life of this city a pledged in recent times by crime in such a ma merchants are truly in fear of conducting busisn break-ins at night, petty crime during the daytime in offering us additional help, but we feel it fa are being addressed. The area is making an attemq assessment district through the blessings of the C the Dade County Commission. When this takes pli funds to bring about special private protection a but these axe short range things and they are ver More important than that is what about the future after today, after this week, after next week, of two hundred fifty million dollar area, it can go di million and go up to five hundred million dollar opportunity to pair the efforts of private bu: are people and dollars are tax dollars. We have been user that a number of the ss in the area because of The City has been helpful Lls far short. Those areas t now to form a special tax ity and through the help of ce we will have additional xd hire off -duty policemen, I vital and very important. , Where are we going to go ;er next month. You take a awn to a hundred twenty-five . There is we believe an iness enterprise with the efforts of the City of Miami as a team and this has been done in the past in many other cities throughout the Country to build this area and to perhaps the greatest design center and attraction of its type in the United States. We stand in the gateway between South and Central America and the Southeast United States, which is the main economic growth area predicted for next decade. So, we are proposing the following steps be taken; that the Miami City Commission approve in concept the following proposal and direct the City Manager to meet with the Miami. Design Merchants Association and study the mechanics and feasibility of initiating the final approval of, number one, spending up to a hundred fifty thousand dollars matching funds to be provided by MDPMA to work in partnership with the City of Miami to develop a master economic development plan and to conduct an aggressive marketing campaign to preserve and further develop the economically viable Miami Design District. Establish an economic development task force made up of members from the City of Miami's staff and MDPMA and it's detailed in the attached specific proposal that's been put to the city. The job of this task force would be to go out and around the Country and in foreign areas, Europe, Central America, South America, the Far East, seek out companies that have not yet made a definite step to locate their business enterprises in the home furnishings field and have them begin it down here in Miami, the natural gateway to all of the Western Hemisphere. Thus, we can take an area that presently is at a particular level and not only not go backwards, but build it perhaps fifty per cent, a hundred per cent, two hundred per cent more over the next five to ten years. Our association also asks specifically for the increase on the coverage of police to two more during the daytime hours and two more during the night. The break-ins during the night are one of the major reasons that businesses are moving from Miami to Broward. I brought with me photographs of a break-in that took place the night before where in one of the most beautiful showrooms we have in the area people drove up with a truck in the middle of the night and backed it through and mashed down the entire front of the showroom... Mayor Ferre: Mr. Gordon., we... Channel 7 had a field day as you know and I don't... I think what we need to do now is to talk about positive solutions rather than negatives. Now, I want to share a secret with you. You see this man here, his name is Miller Dawkins, and this fellow here is Demetrio Perez. We are into something called a "oanpaign". Now, let me tell what these fellows in the campaign do. I go up against them everyday now two or three times. We have had about thirty debates. All they can talk about are negatives. This is bad. This is bad. That's bad. This is bad, you know, and it gets to a point where you say, do you have anything good to say about anything? Now, I know all your bad ideas and all the bad things that are gong on. Give me something positive. What are you for. Don't tell me what you are against. I know what you are against. You are against crime and you are against ... we have got to be for things. Now, the reason why you are going to go weal is because you axe positive. You are for things. So, I think this Commission well recognizes how important that design center is. Mr. Gordon.: I agree with you a hundred per cent Mr. Mayor, and Commissioners. It's not the time to dwell upon the things are done in the past. We want to talk about the positive and there are many positive things about the area right now... NOTE FOR RECORD: Commissioner Miller Dawkins entered meeting at 10:13 A,M, gi 9 October 24, 1985 11 Mayor Ferre: Solutions. We want to talk about solutions. Mr. Gordon .: Right. And the solution lie in the immediacy of dealing with promoting the area and the long range picture which we are presenting today of bringing in additional business interest to further develop and enlarge the area for all of our mutual. benefit. Mayor Ferre: I will appoint myself as a committee of one to deal with you and the Manager and ail we want is, I guess a motion in principle. Miller, would you move in principle that the administration be instructed to look into this reoommPaidation of the merchants in that area and come back with a report to the Commission as to what further we can do to assist and I think this is important enough for the Manager himself to be involved. Mr. Gordon.: One last comment Mr. Mayor, today in the Miami Today, along with what you just spoke about there is a very positive story about the Miami Design area and I thin it goes along with what you just said, because I'm a firm believer in the things that are good and what we are going to do to make things even better and I think this story illustrates well just what can be done and what's happening right now and again, I agree with you, the positive outlook is what's going to take this forward and not to go backward. Thank you. Mayor Ferre: All right, sir, thank you very much. Mr. Dawkins: So, move. Mayor Ferre: Is there a second? Mr. Plummer: Second Mayor Ferre: Further discussion, all right, call the roll The following motion was introduced. by Commissioner Dawkins, who moved its adoption: HOTION NO85-1077 A MOTION OF THE CITY OCHMISSICN APPROVING IN PRINCIPLE VARIOUS P3QUESTS OUTLINED BY REPRESENTATIVES FROM THE MLAMI DESIGN MERCHANTS ASSOCIATION' TO LOX INTO ALL THESE RWOMMENDATICNS FROM THE MERCHANTS IN THE MIAMI DESIGN PIAZA AREA AND TO COME BACK WITH A REPORT AND SPECIFIC PMOMMENDATICNS AS TO WHAT CAN BE DCNE BY THIS CITY TO FURTHER ASSIST THIS GROUP. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vioe-Mayor Joe Carollo Mayor Ferre: In other words we have approved in principle that we need to help you and we need to get the details back to the Commission and the Manager will do that. NOTE: Although went during roll call, Commissioner Perez asked of the Clerk to be shows as voting with the motion. NOTE FOR RECORD: Item 10 was continued to Nov. 26. 91 10 October 24, 1985 12. PERSMAL APPEARANCE OF CHARLES E. WRIGHT,■ ■ ■ ■ ■E & TOURIS161 OCHMISSICN,■ RCN ■ a=■ Mayor Ferre: I also, have a request here by Mr. Charles Wright and Mr. Henry Givens of the Miami Dade Trade and Tourist Commission requesting that their item be accelerated because Mr. Wright, must catch a plan at midday. So, I will take, unless anybody has any objections. Mr. Plummer: Mr. Mayor, I have no objections, but I'm going to have to ask that that item be deferred and the reason for the deferment is the money coming from the TDC which we are presently working on and I don't think that we know what we have to work with at this present time until we have a final allocation from the TDC. As you might recall I had asked for in that budget and have tentative approval of two hundred fifty thousand for the Convention Center and two hundred fifty thousand for special events. It would be ..that monies would be used whatever is delegated by this Commission, but Mr. Mayor, I would hesitate to make you feel that there are monies there that are not and until such time with which I would assume we have another meeting next week, that I would have an answer back by the 14th Mr. Mayor or 13th. Mayor Ferre: All right, Mr. Givens, Mr. Wright. Mr. Plummer: Yes, Mr. Mayor, the Manager informs me that they are continuing on a monthly basis and would be until some determination is made. Mayor Ferre: All right, is there anything you want to say to the Comm ssion at this point then? If not, is there a... well, we don't actually need a motion because this is not a formal. thing. Yes, go ahead. Please step forward to the microphone, name and address and make your statement. Item 34. Mr. Charles Wright: Charles Wright. I'm the President of Miami. Dade Trade and Tourism Commission, with me is Henry Givens our Executive Director and we also have in the audience two other members of our board, Thelma Gibson and also, Jackie Spence and although, I understand exactly what Mr. Plummer has said, I think it's important that we have a chance to say a few things about the Commission in your consideration. The Miami Dade Trade and Tourist Commission has the responsibility to develop and encourage and attract and promote trade and tourism in the Miami Dade comtmuiity and I think that everyone may not be aware of some of the things that we have been involved in which make it essential that we get this furr-ing. Mayor Ferre: Mr. Wright, that's not before us not. See what's happened is that the Commissioner has requested that this item be continued as he has explained for the reasons and this will be before us at the next meeting. Mr. Wright: Ck. That will be fine. If we can just understand that our funding will be continued... Mr. Plummer: Well, Mr. Mayor, just so I don't mislead them. I would hope that we would be able to discuss it at the next meeting. I am at the mercy of the TDC for the actual allocation of those funds. The indication is it will be. Mayor Ferre: In the meantime, your funding is continued. Mr. Wright: Ok. All right, thank you. g1 11 October 24, 1985 4b 0 13 . AIWCATE AN AMOUNT NOT M KOM $ 22 , 000 IN SUPPORT OF 1986 THREE KINGS FESTIVAL PARADE JANUARY 11-12, 1986. Mayor Ferre: All right, now the last item that we have is we have all these people from WQEA and the Three Kings Parade. Is there a spokesman? Is there a spokesperson for the parade. All right .... What the request is members of the Commission, is that the City of Miami become an official sponsor... Mr. Plummer: City sponsored event? Mayor Ferre: ...of the parade. You got that one? This is gong to be the City of Miami and WQBA's Three Kings Parade and you know what comes next. What comes next is they axe... and what they are going to ask us for is support services, twenty-two thousand dollars which is... Mr. Pereira: Polioe and Solid Waste and Fire. Mayor Ferre: All right, axe you ready? Mr. Dawkins moves, is there a second? Mr. Plummer: Mr. Mayor, I would be happy to second it and I just hope that the people of the Three Kings Parade understand and realize that with the City being... the City sponsored event, that the City is in charge and the City will be making final decisions as it relates to any activities. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESCXUITION NO. 85-1078 awl •,•• • a • -.•a- i• �•• n • n �� r • • •:. rr • •� : err•• ••� n •� DID • •i ••• r• • r r (Here follows body of resolution, omitted here and on file in the Offioe of the City Clerk.) Upon berg seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L . Plummer, , Jr . Commissioner Demetrio J. Perez, Jr. Mayor Maurioe A. Ferre NOES: None. ABSENT: Vioe-Mayor Joe Carollo gl 12 October 24, 1985 41 qb 0 14. ALLOCATE AN AMOUNT NOT TO E= $75,000, TO ASPIRA OF FLORIDA, INC., BELAFGNTE TAODLCY CENTER, INC. AND THE CITY'S BMM C PROGRAM. SEE LATER R-85-1100 FOR AMENLMENT.(SEE LABEL 54). Mayor Ferre: All right, Miller, go right ahead. Mr. Dawkins: Mr. Mayor, one of the pocket items I have is that at the last Commission meeting Mrs. Virrick was given seventy-five thousand dollars for a boxing program. Mr. Manager, where did that money come from? Mr. Pereira: That's part of the Parks Department budget. Mr. Dawkins: That's a budgeted item. Ok. I'm going to make a motion that that... since we are short of money and, we are requesting people to take cuts and some people have been cut out altogether, I ' m making a motion that that seventy-five thousand dollars be split three ways, twenty-five thousand dollars for Mrs. Virrick, twenty-five thousand dollars for Taoolcy and twenty- five thousand dollars for ASPIRA since all of them are working with youth and the boxing program with youth. That's my motion. Mayor Ferre: Is there a second? Mr. Plummer: I don't think I have any problem. Let me understand. Well, second it for discussion. Ok. All right, under discussion. Mr. Kern. Mr. Kern here? Mr. Pereira: Yes. Mr. Plummer: Well, my question has to be, can the Virrick survive? Now, are we in effect killi ng that program and if we are, do we really want to split it between the other two. Mr. Kern, a motion has been made by Commissioner Dawkins that the seventy-five thousand dollars for Virrick Program be reconsidered and split in three ways. My question to you, sir, is that if in fact the Virrick Program only winds up with twenty-five thousand, a third, what does that do to the program and to your program as it relates to boxing? Does it kill the program is what I guess I'm really asking? Mr. Carl Kern: I don't believe they could operate it on that amount. Now, as you remember, we did recommend against this particular grant for the Virrick Boxing Program. If they are funded last year they got seventy-five thousand and this year again, they requested seventy-five thousand which the Comm ssion approved. I don't think they could operate it on twenty-five thousand. Mr. Plummer: All right, my next question... thank you, sir. My next question. Commissioner Dawkins, are you indicating to me that this is not under social programs, this is for the purposes of youth oriented programs as is the Virrick Program. Mr. Dawkins: Yes, sir. I am doing that Commissioner Plummer. Mr. Plummer: All right, sir, but it is not under social funding of the federal revenue sharing. Mr. Dawkins: No, social recreation... no recreation and service to youth only. Mr. Plummer: A11 right, sir. Mr. Manager, you are telling me that was a budget item basically for youth programs, but initially recommended or not recommended ded for another organization? Mr. Pereira: Right. Mr. Plummer: A31 right, sir, I can live with that. Mr. Dawkins: You have to bear with us Mayor, we are all campaigning. So, you have to wait until the Mayor... he will be here... gl 13 October 24, 1985 Mayor Ferre: All right, we now are on the regular agenda. Mr. Dawkins: No, we got to call the question. Mayor Ferre: Call the question on what? Mr. Dawkins: He seconded... Mayor Ferre: Are we all in agreement as to how we can do this? Mr. Plummer: Mr. Mayor, just on the record for you edification sir that these monies are not social monies. These are not social programs under federal revenue. They are youth orientated programs and as such. Mayor Ferre: Ok. Call the roll. TH REUPON THE FOREGOING MMON was introduced by Commissioner Dawkins and seconded by Commissioner Plummer was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vioe-Mayor Joe Carollo (LATER FORMALIZED RESOLUTION NO. 85-1100). 15. PERSONAL APPEARANCEOF I• NICK SAKWVW ' S •J■ ■RESIDENCy RR1'=MENTS FOR CANDIDATES •1 1 ■' FOR • aWZMUE VICIOR ■ .. ■■71 Mr . Dawkins: Ok . The other one I have is.... Mr. Julian ? ex a r 9 i , is he here? Ok. Well, lets hear Mr. Nick ... this is my able opponent Nick. Go ahead. Mr. Nick Sakhnovsky: This is just a follow up to what I discussed earlier before there was a quorum here. Mayor Ferre: A11 right, this is Mr. Nick Mr. Yes, sir. And at the earlier meeting before there was a quorum, the Clerk accepted my request for an investigation regarding Mr. De YurreIs residence and when I talked with her regarding that she said that she intended to ask me for documentation as well and then she wanted to conduct an investigation and I asked her how long this might take, because it only took me two hours to investigate the records. So, I would imagine it wouldn't take any other able person much longer than two hours to do the same and I would like some direction or some expectation on you part as to when this investigation might be completed. Mayor Ferre: If she concludes the investigation by the end of this day while we are in session, this Commission will deal with the issue and I'm sure since this is a matter of interest to you, you are going to pursue it and I'm sure you will be around. Ms. Hirai: Mr. Mayor. Mayor Ferre: Yes. Mr. Dawkins: Go ahead. gl 14 October 24, 1985 PEI Ms. Hirai: Excuse me, I informed Mr. Sakhnovsky, that if he were to put all that in affidavit form we would refer it to the Police Department for investigation. That is the appropriate procedure. Then as soon as the investigation is done it would be brought back to you for your decision. Mayor Ferre: All right, thank you very much. Thank you, Mr. Sakhnovsky. Mr. Sakhnovsky: No, but that's inconsistent with what you just stated because I was... I'm not a policeman yet. I was able to find information. The information is available on the public record and I'm not alleging that there is a criminal situation here. So, I don't see any particular need for the police to be involved. Mayor Ferre: Thank you very much Mr. Sakhnovsky, for your interest and the matter is now concluded for now. I will recognize you again towards the end of the day. If there is any information that is brought forward by the Clerk. 16. DISCUSSION OF PAUL COLLINS WITHDRAWAL FROM CANDIDACY. Mr. Dawkins: Madam Clerk, my third pocket item is that Mr. Collins withdrew from the race and since we do have to add Mr. Shiver ' s , why is it that Mr. Collins name cannot be dropped from the ballot at this time? Ms. Hirai: The moment Mr. Collins appeared in my office we contacted David Leahy, and Mr. Leahy thinks that it would be... I have written a memorandum and a copy is reacting your offices now. At this point there is a Statute that controls the time at which you can pull from the race which is the 37th day. We have dealing with Mr. Shiver because he was with us before qualifying. So, he was within the realm. Mr. Collins's case is different and Mr. Leahy believes that at this late time it would leave a space, blank space between the first and the third candidate. It would cause confusion and he does not think that he would like to add to that confusion. Mr. Dawkins: Well, when he called my office... I mean, do me a favor check it out, because he called my office and said it would be no problem. So, now ►' somebody somewhere is screwing up. Would you have someone call and just get a confirmation. If it can be done we will do it. If it can't we won't argue. Ms. Hirai: Yes, sir. Mr. Dawkins: Ok. Thank you. The other item I have I will do after lunch Mr. Mayor. 17. DONATICN OF 3,000 TICKETS TO SENIOR CITIzENS BY MANOLO TORRENI'E FOR SHOW NOVEMBER 3, 1985. Mr. Dawkins: No, sir. Is Mr. Manolo Torrente here? Mr. Manolo Torrente: My name is Manolo Torrente. I have my show for twenty- five years. in 1960 I make my show Now, I try to make my show here in Miami and it's going to have a lot of expenses at Dade County Auditorium November 3rd and I try to do my best show for first time in Miami and I need some help and I can give some invitations a lot of people. Mr. Dawkins: Ok. Well, we don't have any money, but this is... what's the date of this? Mr. Torrente: It's in November 3rd. Mr. Dawkins: The show is November? Mr. Torrente: November 3rd at 3:00 clock. gl 15 October 24, 1985 1% 0 Mr. Dawkins: Ck. Mr. Mayor, I would like to take this into consideration and see if we can find some donors who will donate. He would like to give four thousand tickets to the senior citizens, but the City of Miami has no money at this time with which to do this, but I'm sure between the four of us, the five of us up here we can find some individuals who will purchase four thousand. How much are the tickets? Mr. Torrente: We have tickets eight dollars, twelve dollars and fifteen dollars. Mr. Dawkins: Eight dollar, one dollar? Mr. Torrente: No, eight dollar, twelve dollar and fifteen dollars. Mr. Dawkins: Ck. Well, I think we can find some people to help us with the eight dollar, but I don't know how many, but we can get somebody, because a lot of people know that the seniors have no outlet and no entertairmnent. So, that's is some that we can get on and help you with. Mr. Torrente: Thank you very much, Miller. I appreciate it very much. 18. URGE FLORIDA POWER & LTMU TO Ar= TO CHARTER, REQUIRM=S IN AREAS SUCH AS BAYSME & IMMEDIATELY REPLACE U=TY POLES WHICH HAVE BEEN INSTALLED WITH LINDERGROUND LINES. Mr. Dawkins: Now, last night the Mayor, and I took a lot of heat because someone... Mr. Manager. Mayor Ferre: Mr. Manager. Mr. Dawkins: Mr. Manager, last night the Mayor, and. I took quite a bit of heat from the Bayside Residents Association. It appears that Florida Power and Light is desirous of putting some lines underground instead of above ground and it's going to cost an excessive amount of money if they put them up under the ground. So, Florida Power and ?sight in my opinion took the line of lease resistance and, somebody gave Florida Power and Light the permit to do this. Can you have someone from Public Works explain to me the situation on this me and the Mayor please. Mr. Pereira: I believe Walter... waiter could you give us... Mr. Pierce: That is correct Mr. Dawkins. The Public Works Department did issue a permit, but only after... The situation was simply that FPUL had run lines down the back of the properties without an easement. A property owner at the end block decided he wanted to expand his house and put in a swimming pool and the lines had to be remove. At one point, supposedly, there was an agreement between that property owner and FP&L to utilize a side property line easement, but then that was reneged upon. FP&L then took what they saw was a short way out at about ten per cent of the cost of going underground and asked for a permit to install four polls into the right-of-way to continue an existing line down the middle of 71st Street. We have been in situations like this with FP&L before and the Public Service omission, the State of Florida has ruled that if we require them to go underground, then we will have to pay the additional cost. So, you are talking about increasing the cost from about seven thousand dollars to about seventy thousand. Mayor Ferre: Well, aren't there laws that control that? Mr. Pierce: There is a City Charter provision that says that the City may require all underground, all electrical wires to be placed underground and that... Mayor Ferre: Well, I will tell you what let me make it very simple. I will pass the gavel on to J. L. Plummer and I move that the City of Miami Charter be adhered to and that the City of Miami officially require that insensitive gl 16 October 24, 1985 10 0 residential neighborhoods like this one, that Florida Power and Light go underground and that in this particular case that they =ediately remove the polls they have place and adhere to the Charter of the City of Miami. Mr. Dawkins: I second the motion and under discussion I get very disturbed when Florida. Power and Light take advantage of the citizenry and when we go to them for taxes and what they always find the loop wholes to go through and this time I think that Florida Power and Light will have to bite the bullet and assume whatever cost it is for doing it. Mr. Plummer: Any further discussion, hearing none, call the roll. The following motion was introduced by Mayor Ferre, who moved its adoption: • •1 •V • ■ ■ lob•. ■ • • ■■ • • W in • ■i ■�- • • ■ ■ Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vioe-Mayor Joe Carollo 19 TEMPORARY CONTINUANCE OF AN APPLICATION FOR CHANGE OF S=R NUMBER - FABULOUS DIAMOND'S , 655 N.W. 57 AVE. Mayor Ferre: We now move on to the regular agenda. We are on Item #1, Fabulous Diamond Partnership, Simon Farrow, Esquire. This is on second reading. Are there any members of the public here that are objectors to this. All right, is these a motion on Item #1? Mr. Plummer: Let the record reflect that no one came forth. I moved it before. I will move it again. Mr. Perez: Second. Mayor Ferre: Further discussion? Under discussion. Go ahead, Mr. McManus. Mr. Joe McManus: Mr. Mayor, under first reading there was some discussion of a voluntary proffer on the part of the applicant and I think the Commission would be interested in hearing perhaps, from the applicant about that voluntary proffer. Mr. Plummer: Well, has he proffered it? Mr. Rodriguez: No, I was just discussing... Mr. Plummer: Is the applicant here? Mr. Rodriguez: I don't know where Mr. Farrow is. Mr. Plummer: Mr. Mayor, I move that Item 1 be deferred. gl 17 October 24, 1985 Mayor Ferre: All right, there is a substitute motion that Item 1 be continued until the applicant... Mr. Plummer: Until the applicant submits the voluntary covenant. Mr. Rodriguez: Let me finish what I was going to say. He has submitted a check that as soon as we receive it today, if he brims it today, that he will place in escrow to be released by the City as soon as the appeal period of the timing this will be in effect is over. Mayor Ferre: Is that something that satisfies you, sir? Mr. Rodriguez: That wi11 be ok if we get the check. Mayor Ferre: Ok. I will tell you what we will do. We will just not bring this matter up at this time and if at the end of the day that hasn't been forth omdzig, we will continue it. So, we now leave this in abeyance. 20. (MANGE ZONING CLASSIFICATICN OF CN PROPERTY LOCATED AT APPFOM4ATELY 267 S.W. 18 ROAD & 1768-1776 S.W. 2 COM FRDM RS-2/2 TO CR-2/7. Mayor Ferre: So, we now go to Item 2. This is Miresse Investments, Inc., Robert Kaplan, Esquire. The department reoonmended a denial. The Zoning Board recommended approval. Are there any objectors present on Item #2. This is Dabra Investments, Coral Way. This is 267 Southwest 18th Road. The petition is to go from an RS-2/2 to a CR-2/7. All right, we will hear first, I guess from... who do we hear from first the department or the applicant. Mr. McManus: Mr. Mayor, there was some discussion on this at your previous meeting. Let me reiterate the department's reasons for denial. We would view this -as an intrusion of commercia.1 zoning into a residential area. We think that there is adequate relief from the applicant to go through a transitional use operation to... if he wants to and consider that reusing the back part of this block for parking use. Rezoning the back part of the lot to commercial use opens up the possibility of a domino affect in this neighborhood and opens up the way for commercial, further commercial rezoning in this residential district. Thank you. Mr. Robert H. Traurig: Mr. Mayor, for the applicant, Robert H. Traurig, 1401 Brickell Avenue. I think that this Commission will recall that we appeared before you last month in connection with this and some questions were raised. Mr. Plummer, in particular raised a question about who owns the property that backs up to I-95 that's immediately to the Northeast of this property and I have here the aerial photograph and I would like to answer that question for you and this property which is really a parking lot in conjunction with the operation of the Delaguardi.a Realty immediately to the West of this property is owned by Delaguarlia. So, Delaguazd.i.a owns not only the Coral Way 3rd Avenue frontage, but also that very small triangular parcel which I think Mr. Plummer, was concerned would be land locked. It isn't land looked. It's a parking lot in conjunction with Delaguasdia and it's really part of that parcel. I think you would also recall that at the conclusion of the last presentation, that Commissioner Carollo, wanted this matter deferred so he would bave the opportunity to visit the site and to see whether or not the application is a proper and valid application and fits into the neighborhood development pattern. I hope that that has occurred during this interim period. As we indicated to you in our initial presentation, it is our hope that this can be the location for the new headquarters building for Lincoln Savings and Loans which is presently headquartered in the North part of Dade County. We were hopeful that we could build the headquarters building here. This is at the corner of 18th Road and Coral way. They are a one hundred seventy-one million dollar institution and they are presently operating out of the old Futura Building immediately to the South of this location, but want to build the headquarters at this location. What we propose to do is not to rezone that entire parcel. Most of our parcel you will note is already zoned CR-2/7. What we wanted to do is to take those four dilapidated homes gl 18 October 24, 1985 ft immediately to the rear of the existing CR-2/7 and tear them down, two of which have already been torn down so that we can consolidate the entire parcel which backs up to I-95 does not intrude into a single family neighborhood as the planning department suggest to you and we will then have a more developable site and a more functional site. We think it's reasonable. If you will look at your zoning map we have CR-2/7 inmedi.ately to the West of us, to the North of us we have got I-95 to the Fast of us and this is a self- oontained unique parcel. The small triangular addition to the existing CR-2/7 does exactly what the Planning Department proposes should be done in the next application Item 43 in which the Planning Department says make it a little larger because it becomes a more functional site. We think that the arguments have already been presented to you and you are very familiar with this neighborhood. We think that the Zoning Board which heard these exact same arguments from staff and voted unanimously in favor of this application, has indicated to you that the merits of this application as I indicate to you do exist. We would like only to say that those are old sixty year old houses. They have got to be replaced. It is not a neighborhood in which single family homes are currently being developed. I think you recognize when you not only zoning the pantry pride property immediately to the North of this, but also the property to the East of Pantry Pride so that development of major office structures could be contemplated that this falls into that same category. One last important issue where or not this establishes a pattern which will proliferate imnedi ately to the South. The answer is no, because we are unique and we backup to the expressway. But I would also point out to you that you have on times passed both on 3rd Avenue and on Coral Way expanded the site to the rear so that we would have a more developable site. The Planning Department says just build a parking structure don't rezone the property, develop it with a transitional use. They are basically, saying therefore, that we are right. We ought to develop the office structure, but that we ought not rezone the property and that I think that they are wrong, that the zoning ought to be consistent with the development itself. Thank you very much. Mayor Ferre: Further statements from the administration? All right, what's... Mr. McManus: Mr. Mayor, could I just point out that the Pantry Pride reference on rezoning is East of I-95. There is a separation of I-95 to them. Mayor Ferre: All right, sir, thank you very much. Further discussion? All right, questions from the Commission. All right, what's the will of this Commission on Item 2. Mr. Plummer: Did I hear a proffer? Mr. Traurig: Yes, sir, although, we are not asking for the... any vacation of public -rights -of- way, the applicant is prepared to make a five thousand dollar contribution to public parks within two... Mr. Plummer: The landscaping of the Marine Stadium. Mr. Traurig: Or in the alternative, landscaping at Marine Stadium. Mr. Plummer: Let me ask you. There was to be a covenant given that this was to be tired in unity of title. Has that covenant been surrendered? Mr. Traurig: Yes. Mr. Plummer: It has. All right, Mr. Mayor, based on that there is no question in my mind that that parcel of property cannot be used by any other applicant for any other thing. It's one of those unfortunate situations in which the expressway has cut up to the progress of the community and left a very small. Mr. Dawkins: Oh, you mean like Overtown and Park West and... Mr. Plummer: Yes, sir, like there is a lot of them and as such I move Item #2. Mayor Ferre: All right, is there a second? gl 19 October 24, 1985 Mr. Dawkins: Second. Mayor Ferre: Further discussion, read the ordinance. Would somebody read the ordinance please. Call the roll. gi 20 October 24, 1985 0 i AN ORDINANCE ENTITLED- • •�■ f 1:1 I■ ■ ' 1 it f • • •af ■ • • • • 1 •1 Z P I zmq)'�f ! • 1 • ■ f • N' i•. I IBIS ■f a ••. I f ' ■ I■ f i■ �■ 1 9 N •1 Was introduced by Commissioner Plummer and seconded by Com lssioner Dawkins and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre 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. 21. (MANGE ZaTIIrG CLASSIFICATION OF PROPERTY LOCATED AT APPRaMMATELY 340-352 N.E. 32 STREET & 335-415 N.E. 31 STREET FROM RG-3/6 TO CR-3/7. Mayor Ferre: We are on Item #3. Alan Gold. All right, Mr. Traurig. Mr. Robert Traurig: Thank you. As Mr. Plummer indicated the last meeting, I take on a number of different personalities. Mayor Ferre: Is this... is there anybody here who is objecting to Item 3? It was recommended by the department. It was approved unanimously by the Zoning Department. Is there anybody who is an objector? Anybody here wishes to address this Commission on Item #3? This is at approximately 340-352 Northwest 32nd Street and 31st Street and it's a change from RG-3/6 to CR-3/7. Everybody seems to be in a000rd on this. All right, any questions from the members of the Commission. All right, is there a motion on Item 3? Mr. Plummer: Is there any difference in Item 3 than Item 2 accept it's a smaller project? Mr. Traurig: We create a public park within the site and the dedication in addition for Northeast 4th Avenue. Mr. Plummer: You are going to dedicate it for a public park. Are you going to maintain it? Mr. Traurig: Yes, sir. Mayor Ferre: You ready to go? All right, is there a motion? Mr. Plummer: Move Item 3. Mayor Ferre: All right, is there a second? Mr. Perez: Second. 21 October 24, 1985 0 0 Mayor Ferre: Further discussion as amended with those statements you just made? Read the ord3.narloe. Mr. Plummer: Item 3. Mayor Ferre: Can we get sonel)ody to read Item 3? Mr. Plummer: I want to just make an amendment on that Mr . Mayor, that the property owner shall at all times maintain maintenance on that parcel which is being donated for a public park. Mayor Ferre: All right, that is acoepted into the motion of the ordinance. Mr. Traurig: And that's accepted by the applicant. Mayor Ferre: That's accepted by the applicant. Further discussion, call the roll. • ti Wflwk 0 a-2-4IN, Mi��■ • •/■ ■ 121 I� 1 ' 1 •1 ■ ' • • •1• • • �I • N 1 ' 1 •I ■ ' N •1 • ■1 ?I ?I 71• �■ ■ 1• ■ Is r■ 1 ? •� N •1 • • ■• • ?I ?I' ?I Is ■ 4101' ' •1 ■ •i ? •I • • • Was introduced by Commissioner Plumaner and seconded by Commissioner Perez and was passed on its first read-ing by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commmissioner Miller J. Dawkins Commissioner J . L . Plummer, Jr . Vioe-Mayor Joe Carol10 Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announoed that copies were available to the members of the City Commission and to the public. PARK & RENOVATICN OF PARKS IN THE OVEMM AREA. Mayor Ferre: All right, Commissioner Dawkins. Mr. Kern. Mrs. Adker. Mr. Dawkins: Mrs. Adker. Mrs. Assn Marie Adker: Thank you, Commissioner Dawkins. To the other Commissioners and Mayor, I'm here to remind you of the parks in Overtown and I want you to know that nothing is berg done to upgrade them. I want to say this because I really want this on record since you axe building new parks . We really need the Gibson Park commpleted. It's still raining in there. We have a lot of oonoerns with all parks in Overtown. I am hoping that the Commission will see... would help us in getting a planner from your Parks and Recreation Department to help us with the planning of renovating these parks. gl 22 October 24, 1985 64kr� 0 0 Mr. Dawkins: Mrs Adker, the Manager, just told me that we are addressing these issues. They have been addressing them for four years. Ok. Now, Mrs. Adker: Well, he is keeping it a secret from us. Mr. Plummer: Well, but in all fairness now... Mr. Dawkins: Wait a minute now. Wait, let me finish. The roof has been leaking for four years. Ok. The air -conditioner has been broken for two years, but they have just started a comprehensive program going around looking at the sites and they are trying to work on those that are worse. Now, I have said to you and I said up here in this Commission and I will say every place, there is no sense in the world in us having a park called Williams Park and it does not have a basketball court or nothing in it. See. But nobody cares and I am glad that you citizens decided to come here this morning and let us know that you are going to vote and that these are you concerns and that we should see that whatever is being done should be expedited and the Manager promised me that before he goes to the County to his new job, we will get some of these things done. Mr. Kern, would you like to explain to them what our Mr. Carollo: Would the Manager bet his new job on that? Mrs. Adker: Now, is that an assurance? Mr. Dawkins: Yes, Ma'am. Mr. Carl Kerns is getting ready to tell us now. Mr. Carl Kern: Mrs. Adker, thank you for coming. She calls me very frequently and I think it's because of her calling that we finally are going to get something done. One thing I'm very pleased to report is that this is the first time since 1981 this week that we have a full. -time maintenance man back in Gibson Park, which we have needed for many many years. Next week we will be adding some more part -tune maintenance people to help him. Most importantly in addition to that we have assigned the top departments Public Works, Parks and Property Vehicle and Property Maintenance to do a total renovation of the Gibson Park Project. That's *1 on our priority. In fact, we had a site meeting these yesterday as to which repairs we are going to start first. So, the City is giving that highest priority. The maintenance people have already been assigned. They are actually on the site this week and we are going to go full blast and I would like to meet with you and members of the Committee down there to show you the list that we have put together. We can modify it add your items and make sure that all the work is completed. Mr. Dawkins: Is the roof the first priority? Mr. Kern: Yes it is. Mr. Dawkins: Clk. Now, Mrs. Adker, like he says, you don't call me as often as you call him, but in the event that there is not activity, you call Nancy and let her know so I can find out, you know, why we have made promises here to you that we are not keeping. Mrs. Adker: very good and I thank you. Mr. Kern: Thank you. Mrs. Adker: And hopefully, I don't have to come back, you know, again with this same... Mr. Dawkins: With more residents. Are you satisfied with the... did we clear up the... Mrs. Munford's situation? Mrs. Adker: Oh, the Munford. If he ever threatens us again with that Munford situation,... you know, we don't have any purge the votes in any of our precincts in Overtown. I would like you to know that. Mr. Dawkins: Thank you. 91 23 October 24, 1985 q� 0 23. CHANGE ZCNnrG CLASSIFICATION OF PROP= 14CATED AT APPRMIMATELY 2490 N.W. 14TH STREET FROM RG-1/3 TO RG-2/5. Mr. Plummer: I guess we are on the regular agenda,. Item 4. Is the applicant here on Item 4? Is the applicant here on Item 4? You want to step up, sir. Mr. Manuel Iglesias: My name is Manuel. Iglesias. My address is 2490 Northwest 14th Street. Mr. Luis Iglesias: Luis Iglesias, 2490 Northwest 14th Street. Mr. Plummer: What is it you are trying to accomplish, sir. Ok. Mr. Iglesias: We tried to do our multyplex there six units and four units, whatever your approval, from R-2 to 2-5. Mr. Plummer: Well, this is only for a zoning atlas amendment, not for a change of zoning. Excuse me. Mr. Perez-Lutigones : It is a change. Mr. Plummer: That's not what mine says. Oh, yes. I'm sorry. The department recommends it? Approval. Is there anyone in the public wishing to speak on Item #4? Mr. Carollo: And hearing none, is there a motion? Is there a motion from the Commission? Mr. Plummer: I see no reason... Excuse me. I will move Item 4. Mr. Dawkins: I second. Mr. Carollo: There is a motion and there is a second, oa,1 the roll Madam Clerk. Ms. Hirai: It's an ordinance. flk re);4■ ■� : M ��MMIM4i�■� AN ORDINANCE la 1■ ■NG THE ZCNINGOF • •1■ ■ '• S • ■ 1 •1 ■ ORDINANCE • 1 • ■ ■ • ' ■■ ' M ■ 1 •1 ■ ' M . CATION• . CD . .'M ' • • '• '� ' a1 ■ FLORIDA, (MORE PARTICLZARLY DESCRIBED HEREIN) FROM 1/3 91 7i• U �1 •1 I■ • ■■ • ' GENERAL ■■E1 K■NG FINDINGS; ANI■ BY MAKING THE NECESSARY CHANGES ON '• OF ■■ •1 ■ ATLAS MADE A PART OF ORDINANCE N• • • • BY REF I■ DESCRIPTION IN MLE 3, SECTION 300, THERBO OCNTAINING A REPEALER F •1 1■ A SEVERAB ■ CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vioe-Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre r" The City Attorney read the ordizwice into the public record and announced that copies were avail able to the members of the City Commission and to the public. 91 24 October 24, 1985 4P 0 24. CHANC"E ZCNnU CIASSIFICATICN OF PROPERTY LOCATED AT APPROXIMATELY 2504 N.W. 14TH ST= FROM M-1/3 TO RG-2/5. Mr. Carollo: We are on Item 5 now. Ms. Maura Lazes: My name is Maura Laza. I live at 2185 Northwest 13th Street. Mr. Carollo: Ok, can you present the request that you have here Madam. Ms. Laza .: Yes, I would like to change the zoning from a duplex zone to a residential. I would like to be able to do a four unit on a residential zoning. Mr. Carollo: Ck. Can we hear from the Planning Department please. Mr. Guillermo Medill n: Yes. Good morning, Commissioners. For the record, Guillermo Medillin from the City of Miami Planning Department. This is a property contiguous to the Item #4 property and it's the same... a similar request, different owners, different application, but it's basically the same request, to move from an RG-1/3 zoning classification to an RG-2/5. Mr. Carollo: And the department recommends it. Mr. Me illin: Approval. Mr. Carollo: Ck. Is there anyone from the audience that would like to speak on this? Hearing no one... Mr. Plummer: Move it. Mr. Dawkins: Second. Mr. Carollo: Call the roll Madam Clerk. Mr. Hirai: It's an ordinance. Mr. Carolo: Excuse me. Madam City Attorney can you read the ordinance please. Call the roll. •)•i■ ■ Z4\PMmoo M Do■" 1 y •► N •1 • • OR •) ■ I■ ■ 61 ■ • .� N D •I • • 01' :• ••1 ■ ■ . yl. Do. ..• •1 IN, �1• ■ N Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vioe-Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre 91 25 October 24, 1985 F V 0 I The City Attorney reed the ordiranoe into the public record and announoed that copies were available to the members of the City Commission and to the public. 25. APPLY HC-1: GENERAL USE HERITAGE OONSERVATION OVERLAY DISTRICT TO THE FADE COUNTY COURTHDUSE. Mr. Carollo: Item *6. Mr. Plummer: Move it. Mr. Dawkins: Second. Mr. Carollo: Hold on. Is there anyone here from Dade County? Is there anyone here from Dade County? J. L., I hate to be in disagreement, but I would like to defer it. I think they should at least have the courtesy of sending someone over here. Mr. Plummer: Well, Mr. Vioe-Mayor, let me only say to you that this is our request of them and that was the only reason after I found that out. I had continued it from the last meeting. They are not really happy about it. It is our request so that they can't modify that building and... but I will happy to make a... Mr. Carol o: Cfk. Is that what you found out when you deferred it the last time around? Mr . Plummer: Yes, sir, but I will happy defer if you want. Mr. Carollo: Well., there is no need in doing that then if... you know, defer it a second time to find out the same thing you did already. So, we will go ahead and do it. Mr. Plu mmr : Whatever you wish, I will move it or defer it, whichever .. . Mr. Caroi There is a motion and there is a second by Dawkins, can you read the ordinance Madam. AN ORDINANCE ENTITLED-• • • ■■ ■ 1 I D! D1- 171- Dii sit ■ d L U•� • �• • -a n �■ a -� a• Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commmissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vioe-Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre 91 26 October 24, 1985 a The City Attorney read the ordinance into the public record ard announced that copies were available to the members of the City Commission and to the public. .• AMEND • • • SUBSBCTICN 2003.7CONVENIENCE ESTA:1 `1 1 dal • SO TO RESIDEN'TIAL• • OFFICE USES To ALLOW CERTAIN•+ COPY SERVICES • al-, ■ al■ AMEND SECTION 3602TO AM DEI-INITICN FOR QUICK OOPY SERVICES Mr. Carollo: Item #7. Mr. Rodriguez: Item #7 is a second reading of an amendment to the ordinanoe... Mr. Plummer: I moved it before. I will move it again. Mr. Carollo: Ck. Is there anyone from the audience that would like to speak on it. Hearing no one. Can you read the ordinance, Madam City Attorney. There is a second by Dawkins. AN ORDINANCE AMdal 1■ ■ 1 TEXT OF ORDniANCE NO.• • • AS dal 1■ al■ THE zamm=nZANCE OF 1 CIW OF ■MIAMI, FLORMA, BY AMENDINGa •) ••i al al■ CONVENI,al ESTAHUTSHMENTS AS ASSESSORYTO RESIDENTIAL • • • OF N • ENTITLED "GENERAL • I■ SUPPLMMARY ' aC •1 TO ALUN CERTAINQUICKY OOPY SERVICESOONDITICHAL PERMITTED USE, AND AMM= SECTION 3602TO AM DEFINIVIXI FOR QUICK OOPY SERVICES;CONTAINING REPEALER PROVISION AN1■ A SEVERABILITYCLAUSE. Passed on its first reading by title at the meeting of September 26, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Oidinanoe was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vioe-Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre 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. 27. E1 I■ • • ■ SEMCN 2013.7TO CLARIFY PRIMARY, ?!•1 /TERrJARY WALLS RESMEN= TO DELETE RESCUE MISSICNS•ER■= ASTFMOGISTS, FUMMEDI' Mr. Cazol.lo: We are on Item #8. Mr. Rodriguez: Item #8 is a first reading of an amendment to the zoning ordirkmoe that will basically, define certain things that were not clear in the ordinance. For example, how to measure the distance from windows and doors when there are sliding doors. A definition of what is a rescue mission and where they will. be allowed. We are saying that rescue missions will not be allowed anymore in CR-3 districts which is a commercial residential and they will be allowed in CD districts with special exceptions. Mr. Plummer: Move it. Mr. Dawkins: Second and under discussion. What is it that demands that after we go out and come up with an ordinanoe called "9500", every Commission meeting we got to amend it. Now, the biggest flack I'm getting from minority builders, contractors, architects, is they don't know what zoning they are working under when and we paid a consultant to come up with this and it's obvious, that he wrote himself a life time job, because every time I look around he is writing an amendment. Mr. Rodriguez: He wrote for us a life time job, because we are the ones amending it. You know, as you... Mr. Dawkins: So, we paid him for nothing. Mr. Rodriguez: He did a job at my opinion when I came here two years ago. The ordinance was already too much advanced to go back to zero. We had something that we had to make it work. We have been amending it to correct all the mistakes from the past. Mr. Dawkins: So, what we are doing is making right what he wronged. Mr. Rodriguez: Some of that, yes, sir. Mr. Dawkins: Ok. Now, is there anyway we can throw that out at this point and then just... I mean, from this point on and start... and let you go from here on? Mr. Rodriguez: No, we are trying to... Mr. Casollo: Is this the guy from a that wrote this? Mr. Rodriguez: Yes, sir. Mr. Dawkins: I mean, but all the flack I have gotten from the small minority builders is that they don't know from day to day what the hell they are building on. Mr. Rodriguez: I will be most willing, sir. If you want to we can set up a series of meetings to try to brief them. Mr. Dawkins: Yes, but you see that's fine. See. But if a guy bought a piece Of larxi two months ago, deciding to do something with it, right here this amendment changes whatever he might have had in mind because he has got to come back and do this now. This is all I'm saying. See. And it's getting to be a pain in the neck. 28 October 24, 1985 Mr. Rodriguez: In a way we are happy since that we meet regularly and any time we find mistakes or problems brought up by issues that developers or residents of the area bring up, we try to correct them through these series of amendments. Mr. CarolIo: Well, let me say this for the record. I think the mistake we made was that instead of going and hiring someone that had experience in major cities, in planing in major cities, we went to someone that had experience in doing planning in the country. Over in Gainesville, you know, the typical small house is going to be about five acres. That's why when I went to build my fence not long ago, I went through hell trying to abide by the law that this guy created which was ridiculous. So, I had to change everything around and go with an open type fence, because the way that he wrote the law, no one in Miami can put a fence any longer in front of their home that is going to block the view. It's impossible. You don't have enough room and it's going to look like a box coming out of your drive way that is going to look terrible and that's just thing. I mean, every week I'm finding things in the ord.inanoe that don't apply to the City, that apply really to out in the country. You know, I think he is a great planner for out in Ocala, Gainesville, North Florida, but down here... I don't know who hired him, but you know we were given the wrong advioe by the Planning Department on that. Mr. Dawkins: Let me just have one word from a professional to see if I'm hearing right. Mr. Frazier, can I get a comment from you on 9500. Good, bead or indifferent. Mr. Ron Frazier: What the zoning ordinance? Mr. Dawkins: Yes, 9500, the zoning ordinance. Mr. Frazier: You really want me to comment on it? Mr. Dawkins: Yes, uh huh. Just one comment. Good, bad or indifferent. Mr. Frazier: Well, it's a personal opinion. The City of Miami zoning... Mr. Dawkins: But it's a personal professional. See, I'm a layman. Mr. Frazier: It is very difficult to interpret and you have to contact staff a whole lot on interpretation as it relates to that zoning ordinance. I'm not going to say anything about the person who did it, but... Mr. Dawkins: That's all. No, but I just wanted to... this is the constant thing I'm getting. Mr. Carollo: Another example, Miller, is here is Miami, the boat the capital of the United States and according to this ordinance people cannot place in front of the yards anymore, no matter how much room they have a small sixteen foot, fifteen foot boat. It's illegal now. I mean, I could understand in Gainesville when you have lots that are three, four, five hundred feet long, sure you are going to put it in the back, but over here where your average lot is about a hundred, a hundred ten feet long, you know, how can you own a boat then. Mr. Rodriguez: That's one of the amendments that is going to come before you, by the way. Mr. Dawkins: Ok . Thanks you. Call the roll. Mr. Carollo: All right, can you call the roll Madam Clerk. Was the ordinance read already? Mr. Plu mner : Read the ordinance #8 . Mr. Carollo: Call the roll Madam Clerk. gl 29 October 24, 1985 • .1 ■MAK91 22 21 al■ AN C)POINANCE AMENDnr,2oRDnIANCE NO.• t • AS AMENDED, THE ZOMGOFMINANCE OF 1 OF t ■ FLORIDA, AMENDIM SECTION• • GLARIFY PRIMARY,a•• u • AND TESTIARY WALLS AND WINDOWS SBCTICN 3602, BY PROVIDnG A FUR RESCUE MISSION;AND BY AMENDIN5 THEOFFICIAL SCHECULEOF • • a •r «• TO ALLOW VIDBD TAPE • n RENTALS AS A • al• ■ al■ «• TO PERMIT DRIVING SCHOOL at PERMITTED N• TO DELETE MISSICNS AS A PERMIT= AND • TO ALLOW ASTROLOGIST,■ PHRENOLOGISTS AS PERMITTED 1• RESCUE NISSICNS Wrni SPECIAL EMEM SUBJECTTO TRANSITIONAL ■MATICNs MB TO • an ■• CLASS C PERMIT' M. ANY CHANGE IN a1Y al' •' CONFIGURATION ANDINEW CONSTRUCTION, SUBJECT TO POSSIBLE REFERRAL TO URBAN . )EVELOPMENT REVIEW : • • •D■ REMOVE .• 1 PRCHIBITICN •1 CAR CARE SERVICES SUBJECTTO CERTAIN LIMITATION; PERMIT Wf• al al' AND FABRICATICN/PRCDUCTION OF •M MADE JEWELRYINCIDENT • RETAIL I■ REMOVE PLANE III MAYt HEIGHT ■ ■ •I CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L . Plummer, Jr. Vioe-Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurioe A. Ferre The City Attorney read the ordinance into the public record and announoed that copies were available to the members of the City Commission and to the public. 28. DEFERRED - REIW= FOR VACATION & CLOSURE OF N . W . 1 AVENUE BETWEEN EN N . W . 76TH STREET & N.W. 77TH STREET - TENTATIVE PLAT 1252 - "PELAEZ-ZOGBY SUBDIVISION". Mr. Carollo: Item #9. I would like to defer this for further information. Mr. Plummer: Second. Mr. Carollo: Can you call the roll Madam Clerk. THEREUPON THE FORD301 G MOTION TO DEFER AGENDA ITEM NO. 9 was introduced by Vioe-Mayor Carollo, and seconded by Commissioner Plummer, and was passed and adopted by the following vote: gl 30 October 24, 1985 AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez, Jr Mayor Maurice A. Fewrre 29. CONTINUE OONSIDERATION TO AM= LAND USE & LAND ACI [UISITION E 2MENTS OF 1982 RED=OPMENT PLAN FOR AREA BOUPIDID BY BISCAYNE BLVD, NE/NW 5 STREET, I-95 & I-395. Mr. CarolIo: We are on Item 11. Can we get the Planning Department up here. Mr. Rodriguez: Item 11 is to be presented by the staff from Southeast Overtown Park West, Matt Schwartz. Mr. Matthew Schwartz: Item 11 includes the amendment to the Southeast Overtown Park West redevelopment plan which was first... which was approved by the City Commission in 1982 and the County Commission the same year. The modifications to the community redevelopment plan include amending the plan to allow the construction of a sports arena coliseum on block 44 and 57 as denoted on this map. The present land use in the lam use plan calls for the development of mixture of commercial and residential at those locations. Modification of the land use plan to extend the pedestrian mall through Overtown along 9th Street from Biscayne Boulevard to 9th Street. Mr. Dawkins: Continue this. Mr. Plummer: Second the motion. Mr. Carollo: Ck, there is a motion and a second... Mr. Dawkins: I keep telling you guys about bringing this stuff up here and I don't even know what you are talking about and you keep doing it over and over and over. I don't know what we are talking about here in Overtown on a pedestrian mall. I see it, but... and I apologize because I have been campaigning or else I would have called you, but you guys are going to have to learn to bring... I don't know what you are doing. Mr. Plummer: Call the roll. THEREUPON THE FOREGOING MOTION TO CONTINUE ITEM NO. 11 was introduced by Commissioner Dawkins and seconded by Commissioner Plummer, and was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre October 24, 1985 30. OON'InWE OCNSIDERATICN FOR AMMUM]ENI'S TO EXHIBIT "A" - DEVELOPMENT ORDER - TERRIAMt - 2560-2580 TIGERTAIL AVE., 3204-3240 AVIATION AVE. & 2583-2585 SC Uni BAYSHDRE DRIVE. Mr. Carollo: Item 12. There is only three members of the Commission here. Is the applicant here? Mr. Rodriguez: I don't see him. Mr. Carollo: Is Mr. Traurig here. Bob, going once, going twice, it's going to be gone. Mr. Plummer: Continue it until the afternoon. Mr. Carollo: Yes, continue for the afternoon or whenever. Mr. Plummer: Ok. Mr. Carollo: Ok. Let's go to Item 15. Mr. Pereira: There he is. Mr. Carollo: Bob, you have three members of the Commission only here. For this item. Do you want to roll the dice and see if you get lucky or not. Mr. Robert Traurig: I have great confidence in the City of Miami Commission and I am waiting however, for Mr. Medina to arrive. Mr. Bermello as well, but I... We are prepared to proceed if you would undertake it. We are happy to have it with only three members. Mr. Casollo: It's the owners that you are representing in this. Mr. Traurig: We are talking about the Terremark matter? Mr. Plummer: #k12, Terremark Center. Mr. Carol 1 o : # 12 . You got that much business up here Bob, you can't keep track of what you have up. Mr. Traurig: No, I was in the back talking to somebody, sir, and I lost track. This is only Mr. Medina. Mr. Carollo: Ok. Do we have on record whom all the owners are? Just Medina. or... we do have an ordinance to that effect Bob. Mr. Traurig: The answer is "yes". We filed an application which included the disclosure of interest. It shows Grove Bay Plaza Limited. The general partner is Terremark and Bayshore Incorporated which owns twenty per oent and the limited partner is Sound Corporation which owns eighty per cent. I don't have the names in front of me of all of the people in Sound Corporation. Mr. Medina., when he arrives can supplement it. Excuse me, I do have it. It's a lady from Hong Kong, Francis Lee Niet Kyong That's the owner of the Sound Corporation. If you would like to entertain this at this tine we are prepared to make the presentation. Mr. Carolo: All right, we will listen to it. I just want you to be apprised that these is only three members of the Commissioner here, but we have no problems in listening to it now. Mr. Traurig: We are happy to make the presentation at the present time I think it's really staff's presentation and Mr. Bermello presentation. We will merely supplement what staff and Mr. Bermello present to you. Mr. Plummer: Well, basically,... let me ask a quick question Bob. Didn't we already approve this thing? In a nut shell what are we doing here today with the item back? 91 32 Ootober 24, 1985 0 r Mr. McManus: There was a discussion at your previous Commission meeting on Planning and Zoning and there was an explanation of this, except that there was a move for deferral of the item. Mr. Plummer: Based on what? What were we trying to accomplish? Mr. McManus: What we are trying to accomplish today is to determine first of all if this proposed amendment is a substantial deviation from the developr ent order and then consideration of the amendment to the previously issued development order. Mr . Plummer: Sir, what is the amendment? What does the amendment hope to aocompli.sh? Mr. McManus: The developers have looked at their project and to our understanding have done some cost analysis and have decided that they are better off going to a slimmer taller tower, than a shorter fatter tower. Mr. Plummer: Ok . Mr. Dawkins: Well, isn't that a major deviation? Mr. McManus: It's generally,... Commissioner, it's generally within the square footage of the previously approved development order. The principle... Mr. Dawkins: But you see, the only problem I got with this and I'm going to tell all of you in here. Ck. The neighbors came down here. We argued. We fought and we reached a consensus. Ctk. The neighbors aooepted that consensus although, it wasn't what they wanted. Now, that the neighbors are not here we axe going contrary to what we agreed to with the neighbors in my opinion. Now, may be I'm wrong. See. So, if the neighbors can't trust you when you make a decision like this who in the hell they are going to trust. Mr. Traurig: Conmtissioner, in view of the fact that there are some questions that you raised. I think it might be in the best interest of the Community if we wait until we have a full Commission. We are prepared to make that presentation a little bit later. Mr. Dawkins: I tell you what, I can do better... No, no,... Ok, tell you what, I defer this sinoe that's the attitude we are going to take. I will oontinue this. Mr. Caxollo: There is a motion to... Mr. Dawkins: I just trying to get some clear information so that we can be on the same wave length. That's all I'm trying to do. Mr. Traurig: I'm happy to come back... Mr. Dawkins: Yes, but from what you are telling me is if I wait until you got a full Commission, then my vote won't mean nothing. That's what I hear you saying, sir. Mr. Traurig: Well, no, no. I think you were suggesting that we defer it Mr. Dawkins. Let me explain to you very briefly... Mr. Plummer: You are out of order. I second his motion. Mr. Carollo: Well, the dice were rolled Bob and Traurig: We understand. Mr. Carollo: There is a motion and there is second.... Mr. Plummer: Let me for the record understand that it has always been the unwritten policy of this Commission when one Commissioner request, that it has always been honored and I am honoring the request of my colleague for further information. gl 33 October 24, 1985 0 0 Mr. Carollo: Can you call the roll, Madam Clerk. Mr. Plummer: What is the date certain? We have to do that by law. Mr. Dawkins: Next Zoning meeting Mr. Plummer: That would be a date certain which is the 26th of November. I vote "yes". Mr. Carollo: I will be back by then. THEREUPW THE FOREGOING MO TIC N TO OM=UE ITEM NO. 12 to the next planning and zoning commission meeting was introduced by Commissioner Dawkins, and seconded by Commissioner Plummer, and was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. vioe-Mayor Joe Carollo NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre 31. DEFERRAL OF PROPOSED F= READIM ORDINANCE REGARDING n • - PROCUREMENT. Mr. Plumper: Have we got anything else to do before lunch? Mr. Carollo: Well, I think we could go back to Item #15. Let start with 15. Mr. Plummer: You were the one that asked to be deferred. Mr. Carollo: That's right. I was the one that asked for it to be deferred and... Mr. Dawkins: But the Mayor has asked that we continue it until he returns, because he wants to be i. on the discussion of it and that's... Mr. Carollo: Well, I will tell you what. I would like for this item to be deferred for the next regular oommission meeting. This to begin with is a zoning item. Well, ladies, you know, if you like you can come up here and lynch me, you know, that's fine, that's no problem, but let... Mr. Carollo: Well, fine, if you want to say something Mr. Frazier, you can, you know, but let me say this to you. You know, I am really surprised that you are going to be the one that's going to be screaming the most, because you are one of the few Bl.acks that's getting all the contracts in this town. What I want to do is open it up so that many Blacks can get contracts. Mr. Carollo: Yes, well, I see what goes through here and your name is just about every where, sir. So, you know, I don't think you have any reasons to complain whatsoever. Now, what... Mr. Carollo: Sure, you can speak to the issue, but what I'm saying is I want to defer this item before we take a final vote on it for the next meeting and I have that right, sir. Not only as a member of this Commission, but right now as the Chairman of this Commission and the reason that I want to do this as I stated on the last meeting, I think in the City that sixty-two per cent 91 34 October 24, 1985 0 t Hispanic when we are going to break this dawn were the Hispanic so-called minority, that is the majority in this town. Is only going to be getting seventeen per cent on the male side and then on the women side we are going to be splitting it. I don't think it's fair. I think if we are going to be splitting projects it should be split according to the make up then of the population of the individual city. That's all that I'm saying. You know, I believe the majority rules South Africa. I also believe the majority rule Miami. Simple as that. Ms. Ana Maria Carnesoltas: Mr. Carollo, I would like the opportunity to speak to the issue please. Mr. Carollo: Certainly, Ma'am, if you give your address and your name please. Ms. Ana Maria Carnesoltas: Yes, sir. Ana Maria Carnesoltas, City of Miami Commission on the Status of Women. This is an issue very important to the women of this =mminity. Particularly to the minority women in this oo mmunity . Mr. Carollo: It's important to everyone Ma'am. Ms. Carnesoltas: May I be able to speak without being interrupted. Mr. Casollo: Certainly, I an giving you all the opportunity you want to speak. Ms. Caniesoltas: Well, you are talking more than I an, however. Mr. Carollo: You are very polite, Ma'am. Ms. Carnesoltas : All I would like to do at this point on behalf of all the women who are sitting here, including the minority women of this community is to ask not that this matter be deferred for another meeting. We are all working women. We do not have husbands to support us and we are not rich and whenever we come to this Conmtission and take the time to be here, we are taking money out of our pockets to do what we believe is right for this ocammuLi.ty. We would like to have this matter transferred to this afternoon so that the Mayor, and Mr. Perez can be present as they have requested and the matter be heard by a full Commission. It seems to me that's only the just and fair thing to do, rather than continue to postpone this issue. All of us are very concerned about the welfare of this community and all of the ethnic and racial groups of this oonmuni.ty as well as the male and the female segments of this community. To continue to postpone this to deprive a very important segment of this oonm pity, the women, of a right to be heard and of a right to participate in the advantages that this community has to offer. Mr. Carollo: Thank you very much for your pity Ma'am. Now, if I may for the record, I oertainly respect the time that some of you have taken here, but at the same time I'm not naive enough not to understand the reason that most of the people that are here today are here are because if this passes then you all are expecting to get certain contracts used on this. So, let's not kid ourselves. Ms. Linda Singer: May I speak to that? Mr. Carollo: Ma'am, go ahead and speak to it. State your name in the record and address please. Ms. U nd Singer: I'm Linda, Singer. I reside 2121 North Bayshore Drive in Miami . I served no... I am here as a member of the community as well as a member of the National Association of Women Business Owners. I'm a lawyer in private practice. I do not anticipate getting one contract from the City of Miami. This is not a self-serving statement that I'm here today to try to a000mplish. What I'm here today to try to accomplish is to see that women is not disenfranchised in the City of Miami. I have to admit this is one of the very few City of Miami Commission hearings that I have ever attended and it is very enlightening. I wonder how much women are being given money for projects in the City of Miami. How much are girls being funded for their projects. I hear about boxing. I hear about basketball courts. Do we hear about anything that girls like to do? I mean, everything seems to be male oriented. 91 35 October 24, 1985 Mr. Dawkins: pardon me. Girls don't play basketball? Ms. Singer: Not to the extent that boys do. Mr. Dawkins: No, no, no. No, Ma'am, now. Come on let's be fair. Ms. Singer: I just feel that we lack a female point of view on our City Commission and it would behoove the City Commissioners to try to think of the women and to be more sensitive to women's issues. One of them being economic. That's a very strong womnen's issue. We have many women living in poverty and we women who are in the oomminity who are trying to create our own businesses need all the public assistance that we can as fax as getting procurement contracts, whatever. Thank you. Mr. Dawkins: I'm with this a hundred per cent, but you see, I cannot let you make statements that are contrary to what we see. Girls play basketball and if you have been read-ng the paper in the last month, girls are boxing. Ok. Ms. Singer: How many? What percentage? I mean, let's talk... that's not the issue. Mr. Dawkins: No, no, but you get up said that we are only concerned with male oriented sports and then I find that they are not male oriented as you say. Ck. All right, no problem. Mr. Carollo: Excuse me, Ma'am. Mr. Frazier, you were next. Mr. Ron Frazier: My name is Ron Frazier. My address is 5800 Northwest 7th Avenue. I'm here representing the Business Assistance Center as the Vice- chairman and also the President of the Coalition For Economic Development which happens to be a group of Black and Hispanic businessmen from ALlapattah and Liberty and I'm also representing Ron Lee Frazier and Associates and I "That firm who has all the work, that firm who plate is full, that firm whose had enough, and that firm who is not representative of the underclass" Maurice Ferre and Commissioner Carollo . I have read this ordinance and I have reviewed it in detail and I think on the surface it's very fair. I do have some comments I would like to make as it relates to the percentage. I think the percentages as written are aooeptable, but it is in my opinion that Blacks should get more based upon the fact that they have gotten the least from the City. These types of programs are the result of disparities and hardships mostly suffered by Blacks and when they are put in place Blacks are the ones that get the least in terms of the actual dollars expended. You can just check the record and I think that the City Manager and I would like to commend him on revising the old ordi.naroe, because it had no teeth and if you look at the expenditures you will find out, not only did Frazier not get what you thought he got and I think you need to look at the record on that, but none of the other Blacks got any either. Ok . Your point as it relates to Latins because of the basis of their population should get a larger percentage. I would just like to remind you that the only reason the Latins are a minority in Dade County and South Florida and Miami in particular is only because of their ethnic background. They are not a social and economic disadvantaged group as it relates to today's standards and if you begin to use that logic and you follow it, you will find out that you are the majority within this City and may you shouldn't be included at all. The other points I would like to address is whether or not this ordinance will address the selection process Of professional services in terms of legal, accounting, A&E and what I'm talking about is the bond counsel is never advertised. I see one law firm that seems to represent the City forever in a day. The saying goes with some of the accounting. I lock at the pension funds, I only see one law firm that's been there forever in a day. When are the other minority groups get a chance to participate in that part of professional services. I'm also talking about your accounting audits. I don't see any Black accounts involved in that, not even as a subcontract. I don't see any involved in the insurance consulting business, you know, I worrier about those side because there is a coarmti.ttee, an objective committee that makes that opinion. The bottom line is not the dollar at that point. It's seven people across the table evaluating credentials. I want to see whether this ordinance is going to address, what is a prime contract in the City? Now, I'm glad you made that comment. A person who has a contract with the City of Miami, is that the prime 91 36 October 24, 1985 0 V consultant. The person who signs the contract. Does it take into ao=mt suboonsultants, like engineers and landscape architects that work for somebody else as a low tier sub. Is that considered a job with the City? A private developer who hires an architect or a consultant and has a third party agreement that has no relationship to the City in a contractual manner. Is that considered doing work with the City? I have heard this Bayside used against me so often, but I want you to know my friend, it's an investment. I'm putting money in. You didn't vote for Frazier, you voted for the Rouse Company. I happen to be a part of the development group. You understand. It's an investment. I have no contract with the Rouse Company. Mr. Carollo : I certainly understand Mr. Frazier. Mr. Frazier: A11 right, let me finish. Let me finish. Let's talk about Park West Overtown. Yes, I'm a part of a development group, but I brought that Black development group here to bid on the project and I'm a third party - contract with that. Are you saying that that's a City of Miami prime contract and I should be penalized because I have enough guts to go out and pursue business and other people do not. So, I think you need to detemi ne that. The Exhibition Center, those people who have subcontracts with that developer, - do you consider them as having a prime contract when it comes to professional services. The last item that I think you need to address and that is the purpose of this ordinance is to put some money into some Black folks hand. Now, a lot of people in this town have problems with Black people making money. That's the bottom line. I have never heard anybody in this town tell a White or a Latin businessman, you have too much business, but I hear it over and over when it's told to Black people, you know. So I just like to know what are we talking about. Are we talking about Black people making some money and enjoying the fruits of the labor of the taxes they are paying the City. Are we going to put it on, you only get one. You bad one in the last ten years, you should live off that forever and a day, you know, and that's the mentality around here. You act like these set aside programs or whatever is a social thing and you have a mental thing about that. I gave you a job. You didn't give me nothing. You know, I earned it and you made me work like hell to keep it. That's the bottom line. So, are we talking ng about... What are we talking about. Now, I think these are some serious facts that you need to deal with. You know, I have heard over and over again about these disparities. I mean, who are you talking about. The only reason the City of Miami get as much federal money today is because of Overtown and Liberty and All.apattah. That money doesn't flow back in the same amounts as it comes into this town and when you build these minority programs to assist people in expanding their capacity. You don't expand your capacity off of one job and you don't expand your capacity by people taking a very negative outlook. I have some problem with women being a part of it, you know, but I'm willing to forego that to get the ordinance through and passe with those percentages. I know for a fact in 1W8 when they had affirmative action, when it first came into play and I have the statistics on that. The group that moved the fastest as a result of affirmative action were White females and you can check the statistics on it. Blacks didn't move. We have never moved and no matter what kind of ordinance they put into effect, if you have a negative context in your mind that you don't want us to make any money, then you are not going to do right. You are not going to do right. I pursued the thing in Tallahassee. I was there giving testimony, you know, and those North Florida people said "We ain't going to do right. We ain't going to give you nothing", and the City is the same way. So, Latins become a majority, you know, but you ain't social eoonoanio disadvantaged. Not by one long shot and I'm trying see... to hear Latin people deny that they didn't get any god damn help. Excuse my language. The Cuban refugee program put forty million dollars into that community over a twenty-five year period.. Ok. They bad help. Sure they bad skills, but they didn't make it by themselves. They didn't oontrol Southwest 8th Street because they had all the ski11 s and the knowledge. They bad some help and I think this ordinance will put some help on our side for a change. You understand, and that's what I'm here about. You all can continue to paint me as a very suooessful individual, you know, you can continue to do that, but that doesn't put bread in my pocket and for the record, so you will know sir,... Mr. Carol Io: Yes, sir. 91 37 October 24, 1985 0 V Mr. Frazier: ... seventy/eighty per oent of my work is outside of Dade County. The thirty per cent that I doing here right now none of it is with the City, the County, the School Board or the Federal Government. Ok. And it has been that way for the last three years and you need to check the records before you say I see your name on these things. Mr. Carollo: Well, I have checked the records. I have seen the names matey times . Mr. Frazier: You check it and see whether I am a prime contractor or lower tier subcontractor. Thank you very much. Mr. Carollo: All right, I'm glad that you had plenty of opportunity Mr. Frazier to express your very deep frustrations against the Cubans of this oo wzdty. I'm glad you didn't hide it in anyway. Now, in as far as some of the statements that you made, I think my record here for six years in voting in favor of the Black corm inity is pretty darn and the City Clerk can pull that out any time that you want on any major Black project or anything having to do with the Black oommnity, the betterment of the Black oommunity and you will see my name there as having voted in favor of it and most of the time as having made the motion in favor of it, but what I'm seeing here is that we here in the City Commission and to some extent, I guess the Cuban Americans of this community, the Hispanics cs as a whale want to be blame by some for the plight and the economics within the Black community i.ty of Miami.. That is not the case sir, in fact, and I say this publicly, not privately like some people do and then go out and say something different publicly. The Main reason that we have such a major deep rooted problem in the economics of the Black oommuiity of this that you don't have in other cities in these United States and what I'm referring to is that only one per cent of the business of this community are owned by Blacks. You don't have that in any other major city in this Country. Mr. Carollo: Well, let me tell you why we have that problem sir. The reason we have that problem besides other reasons that we all know, is that unfortunately, some of these so-called Black leaders that are sometimes trying to pretend that they are going to scream the most are the same ones that are living off the suffering of their people and are exploiting their own people to line their pocket books. That is why, sir. You mentioned that Latins should not be included because we are not economically disadvantaged. Well, apparently, you don't get off of I-95 when you get into the expressway to come to the City of Miami, because if you would go through Little Havana, Allapattah, Wynwood, Flagami, you would find, sir, that there is as much social needs, economic problems in the Hispanic sections of this City as there are in others. The average hispanic, the average Cuban American that lives in this city is poor, sir. It's not the same type of Cuban that lives in Coral Gables, Westchester or way down in South Dade. They are poor. May be you should go sometimes, sir and have a look out there to see that those people are not rich. At the same time you expressed your frustration further by saying "Well, Hispanics should not even be included". Well, it shows me exactly where you are coming from. You know, I'm sorry that your wishes can't came true where you can pack all of us on a boat and send us back, that's just another type of mentality that, you know, has been expressed to me in the past, but let me say this to you, all that I am saying is that at the same time that we have to truly help the average Black Miamian of this community, not a hand full of Blacks that are just going to benefit themselves and not care what bappens in their oommLni.ty, but what I'm saying is at the same time that we have to protect the Black community here of Miami, we have to protect another Community that is also in need. A community that is called "minority" but it is the majority of this City and that is the hispanic ommai city and all that I'm saying, sir, is that I am in favor of this ordinance. I have always been in favor of ordinazioes such, but I think that when the pie is cut it has to be out in a fair way, so that Blacks can get a quarter of it, but that other ethnic groups that are also in need can also get their share of it. That's what I'm saying sir. Sir. Mr. Ernie Fannatto: I would like to surrender... Mr. Carollo: Ma'am. I'm sorry, you were waiting there. 91 38 October 24, 1985 0 Mr. Fannatto: Let that young lady speak, she seem very intelligent. Ms . Wonda, Hernandez: I am very smart. My name is Wonda Herna dez . I'm President of the Greater Miami Chapter of the National Association of Women Business Owners. My home address is 3915 Ponce de Leon Boulevard in Coral Gables. Yes, I an Cuban and I live in Coral Gables. I am also very interested in this ordinance for what it will do of the small business owners of this community. The economic future of this Country rest with small business and this is one type of program that without creating special funding to help those that need help you axe, indeed, promoting economic development. I very strongly support Ana Maria Carnesoltas's statement that we continue this item in the afternoon when we have a full Commission and that we do hear it today and I'm sure that with all the interest that this issue has generated, you will be able to find all the information that you are lacking at this Commission meeting today. Thank you. Mr. Caxollo: Thank you for your time, Mayor. Mr. Fannatto. Mr. Ernie Fannatto: Ernie Fannatto is my name and I'm president of the Taxpayers League Miami and made County and the Homestead Tax Exemption League of Dade County. I don't know just how many... what the average is of Black... of minorities getting jobs, but I will say one... I'm going to say one thing. The issue is... should be competency, to be able to perform and if they are able to perform, I say give the nod to minorities so as they can catch up and give them a break, but if they can't perform and they are not competent, I don't want to see the taxpayers money given to people just to give them money. I want people to perform. They should get jabs or educate themselves in a manner that they can perform and have that knowledge, because I think the taxpayers is at stake here too. So, I'm going to say that I think the County Manager and his staff probably should decide on the... Mr. Carollo: He is still the City Manager, Ernie. Mr. Fannatto: What's that? Mr. Carollo: He is still the City Manager. Mr. Fannatto: Yes, but I... Mr. Carollo: Next month he will be County Manager. Mr. Fannatto: Yes, I am afraid so. Yes. Anyway in concluding... Mr. Plummer: Ernie, how much you set aside for the Italians? Mr. Fannatto: Well, he has done a good job. He has tried hard here. I will give him credit. I just want to conclude by saying that's the issue as fax as I'm concerned. Competency, able to perform. If they can't perform whether they are men or women, no dioe, but they should train themselves and then after they have trained themselves, yes, they should have preference until the law of average catches up with itself. Mr. Carollo: Thank you Ernie. Mrs. Gibson. Mrs. Thelma, Gibson: Good morning. I am Thelma Gibson at 3661 Frankly Avenue, Coconut Grove and I'm just a citizen here this morning and Mr. Vice -Mayor and members of the Commission, I would just like to ask you on behalf of all of us here if you will defer this until this afternoon, so that we could hear this natter. I know Mr. Vioe-Mayor, that you are really upset this morning and I'm sorry about that, but believe that you have a good ordina ce here. I think it's going to be fair and equitable for all citizens. I believe that when I talk about uniting this oommuni.ty and corm unioating in this community, we ought to be talking about the actual and the positive that's happening in the oommnuii.ty, , and I know that we have been on the short end of the stick. I have been here. I was born here fifty-eight years and ten months ago and I know that we have been on the bottom end of the stick and all through my life I have talked about uniting the community. I'm glad that the Cubans are here. I am glad that we are able to get along and I believe that with this ordinance with us getting seventeen percent, with the Latins getting seventeen per cent 91 39 October 24, 1985 and seventeen per cent being given to women, that's going to have to compete with one another, that is Black women against Cuban women against White women, because we are all minorities as women. And I don't have a business. I don't plan to have a business, but I want businesswomen to be able to compete and it is my feeling that if we could just have this this afternoon, that we could out off debate and I would ca11 for cutting off debate if we could just have it extended until this afternoon rather than deferring it for another time. Thank you very much. Mr. Carollo: 'Thank you for your words Mrs. Gibson. Go ahead Ma'am. Ms. Lourdes Sari Martin: Thank you. Mr. Vice -Mayor, members of the Commission, my name is Lourdes San Martin and I'm the Vice President for Economic Development of the Women (umber of Commerce of South Florida. A group that represents more than four hundred women in business which we feel are entitled to do business with the City. I must say that we are one of the groups that stand to benefit from this ordinance... Mr. Carolo: And I am sure you will. Ms. Martin: ... and I think we would be delighted to do so. I would like to ask you to please consider this ordinance today for the following reasons: Number one, women really have been excluded from doing business with the City, not because the ordinance itself... I do believe the ordismioe tries to correct previous problems in the procurement of the City. However, in that women are not recognized separately many business opportunity, especially, for minority women are being lost for this reason and I can tell you of one example and this is now Lourdes San Martin, a private citizen. I had the honor to receive a telephone call several months ago from a firm in Houston that is now negotiating a very large contract with the City. At that time they asked me to be part of their team as a structural engineer which my firm is San Martini Associates and architectural and engineering firm. I have never beard from them again and I was told point blank that the present ordinance does not say anything about women, that they didn't feel it was necessary... they would consider me based on my merits whenever the time came, but that - they didn't see it was necessary to employ women. I believe that really when women are recognized separately, we will have an opportunity to participate in the procurement for the City and I urge you to consider it today. Thank you. } Mr. Carollo: Thank you, Ma'am. Sir. Mr. Brian Hart: Good morning. My name is Brian Hart, Vioe-President of the Miami Dade Chamber of Commerce, 6255 Northwest 7th Avenue. My concern this morning is the implementation of this ordinance. We at the Chamber are oonoerned that any minority ordinance achieves its goals and purposes. We axe ooneerned that these is a verification process that the business in question truly fall under the guidelines and is not a front for operations that would not otherwise qualify and this is our basic concern. Thank you. Mr. Carollo: Thank you, sir. (BACKIMUM COMrta]T OFF THE PUBLIC RECORD) Mr. Carollo: Ma'am. UNID=FIED SPEAKER: Are we going to hear the ordinance... Mr. Carollo: Well, Ma'am, let me say this to you again. I am one vote on this CoamdBsion. I an asking for this item to be deferred. I have never in the past, nor will I now dhange my vote on something just because, you know, being pressed to change my vote or change my mind or something. I understand that there are some people here that feel pressured themselves because as was expl a ned to me, they have some time tables in order to try to get some contracts that are being given out real soon. I'm sorry for those people, but I have to do what I think is best and vote my conscienoe. UNIDENTIFIED SPEAK: Ok. Could you also deal with the issue that everybody that has spoken here so fax as asked the Commission to please hear this ordinance... bl .. 40 October 24, 1985 Mr. Carollo: Ch, these is no question about it. You know, out of the thirty or so people... UNIDENTIFIED SPEAKER: Aren't you supposed to be representing the people of the City of Miami? Mr. Carollo: Well, Ma'am, I think that the City of Miami has four hundred fifty thousand people. There is only about thirty here that have come to talk about this and out of the thirty about half live in the City of Miami.. UNIDENTIFIED SPEAKER: Well, I think that if you are truly an elected official you should be healing the people... Mr. Casollo: You better believe I am. I was elected twice and the last time no runoff, you know, by fifty-four per cent of the votes of this oo runi.ty. UNII)IIV'TIFIED SPEAKER: But the people that axe here that have something to say about this issue have all requested that the issue be heard in the afternoon since the Mayor wasn't here and now that the Mayor is here perhaps we can hear it right now. Mr. Carollo: Well, let me say this to you again, Ma'am. I am one vote here. My colleagues on the Commission could either decide or not whether to hear it now or hear it another time, but government is run by laws and by rules and ordinances, not by anarchy, not by pressure, not by brut force. UR IDENTIFIED SPEAKER: Well, could we have a decision as to whether it's going to be heard now or deferred? Mayor Ferre: All right, I apologize for being absent for forty-five minutes. I bad to go do something. As you know these axe days right before an election and we have commitments and I have to sometimes keep them. I apologize for my being absent for a few minutes. The rules that prevail on the City of Miami Commission and they are not in written, but these are rules of courtesy that we have towards members of the Commission, is that when a member of the Commission ask for a deferral of an item, that he or she is allowed to defer that item for one meeting. Now, the question before us is... and I have not been part to this discussion. I'm frankly, surprised that this matter is on r today, because this is a zoning meeting. Mr. Carollo: Exactly, Mr. Mayor. That's the point I'm making. Mayor Ferre: So, I don't know why... why is it on the agenda today? UNIDENTIFIED SPEAKER: It was deferred at the last meeting. Mayor Ferre: Yes, but the rules of this Commission are always very clear. We defer regular agenda items to regular Commission meetings. This is a Zoning meeting. Now, why is this none zoning matter on this agenda? Mr. Pereira: It was asked for to be put on today. Mayor Ferre: That was asked... Mr. Pereira: For the next meeting. Mayor Ferre: At the next meeting. Mr. Carollo: Mr. Manager, let me make myself perfectly clear. When we asked for a deferment of this, we expected it to be deferred for the next Regular Commission meeting not Zoning meeting. There is a big difference in that, so, that we could have bad plenty of time for myself and other members of this Commission to meet with your staff. Mayor Ferre: Commissioner, so that, you know, we don't have a problem on this thing. We understand that the next Regular Commission meeti ng is on the 13th and you are not going to be here. 91 41 October 24, 1985 i.1.i. <. '•.-_ -..was....: _ ...�...ir...._....-.�_.h _ ♦ ,i Mr. Carollo: Well, Mr. Mayor, the next Regular Commission meeting so far has been set to be on the 13th. However, I fully intend as I mentioned to you... Mayor Ferre: Cih, you are going to be bank. Mr. Carollo: No, I'm not being back, sir. I'm trying to change that date, because all that we said that we would do on the 13th is swear the members of the Commission that were elected. Mayor Ferre: Right. Mr. Carollo: That's all we were going do then. Mayor Ferre: That's correct. Mr. Carollo: And that was made clear. We were not going to take up any other items. Mayor Ferre: That's correct. So,... We are not going to take up any controversial items and this is obviously, a controversial item. Mr. Plummer: No, no, no. Sorry, Mr. Mayor, we are not doing anymore than swearing in and Certifying the election results and you might recall that this Cormti.ssion is sending me to the Unlimited Raoe Commission and I have a flight at 3:35. Mayor Ferre: Ck. All right. The items will be... Mr. Plummer: You know, don't send me and that's all right, but... Mayor Ferre: Well, I'm just bringing this up because I think we need to discuss this openly when we talk about this deferral, because as Commissioner Carollo has stated, there are items that are being let which axe obviously, going to be affected by this. Now, I don't... it's a question of whether or not we defer this item. As far as I'm concerned. I am ready to vote for this ordinance, because I'm in support of it, but that's not the issue before us. Now, what's the will of this Commission? Mr. Caxollo: Mr. Mayor, again, I rake a motion that this item be deferred for the next Regular Commission meeting in November. Mayor Ferre: Well, the next regular... you can't do it that way, Joe. The next regular... Mr. Carollo: Well, the next Regular Commission meeting to handle non -zoning and planning items. Mayor Ferre: That's in December. Mr. Carollo: I don't believe so. I think that we bad discussed that we will meet then on the Wth to handle all of that. Mayor Ferre: Mr. Manager? Mr. Pereira: That's December 12th. Mayor Ferre: Is the 26th meeting the zoning meeting or is it the regular meeting? Mr. Carollo: No, it's going to be combined into both I understood. Mayor Ferre: It's a combination meeting. Mr. P1urmer: But it can be a combination. Mr. Pereira: It could be a combination meeting. Mayor Ferre: Ck. So, what you are talking about is deferring this until November 26th is that what... gl 42 October 24, 1985 Mr. Carollo: That's correct, Mr. Mayor. Mayor Ferre: All right. Now, is there a second to that motion? Mr. Plummer: Second the motion Mr. Mayor. I have some slight problems with it that I could have resolved, but I'm going to tell you when we took up and I'm sure Ron will renenber, we didn't pass in one or two meetings the ordinance relating to set asides for Blacks and Latins. It took about six or seven meetings and I think that to do it right, I think you have got to do it completely and as fax as I'm concerned if a Commissioner does not have the information that he feels is neoessary to cast a intelligent vote, I could not sit here and do anything else but to second the motion for deferment. Just for the record, Mr. Mayor. Under discussion. Mr. Manager, I want to tell you that I have one slight problem which you can address between now and whenever the next meeting is. It has not been even brought up today, but I got a question about one per cent to other minorities. Mayor Ferre: That's for people like you, Plummer. Mr. Plummer: No, I don't agree with that Mr. Mayor. I don't agree with Ron Frazier either. Where did Ron go. Did he leave? Mr. Carollo: That was my request for American Indians. Mr. Plummer: I want you to knave Mr. Frazier, among others that you put on record this morning, that I'm sure that the Chinese organization that is the attorneys for the pension fund did not appreciate your statements. They are minorities, but I want more delineation as to what one per cent... I think that that on its face doesn't make any sense to me. Mayor Ferre: Are there any other questions that need to be answered before... Mr. Dawkins: No, I just have a statement to make, Mr. Mayor. Mayor Ferre: Go ahead, Mr. Dawkins. Mr. Dawkins: I'm for the ordinance a hundred per cent, but as I told Sylvia, when you bring it before me at the next meeting, I want to know how you are going to classify the women. If they are going to be classified women period and only bid as a woman, or if they are going to be able to bid as a H7.a,ck when it's convenient to them, or as a Latin when it's convenient to them. We can't have this cross sectioned. You have got to identify yourself that we are going to bid as women. So, we are entitled to anything when we bid seventeen per cent as women. Now, if you miss out for that seventeen per cent you can't come back over here and say I'm Black and I'm going to bid seventeen per cent on the Black. Ok. If that's cleared up, I mean, you got me, but let's just clear that one item up. Mayor Ferre: Does anybody else wish to make any further statements? We have a motion and a second. Yes, Ma'am, go right ahead. Ms. Barbara Higgs: Yes, my name is Barbara Higgs and I'm the President of the American Association of Black Women Entrepreneurs. We are a new organization in the Miami area representing Black businesswomen and my purpose for coming before you this morning is just to state our support of the ordinance as read... Mr. Plummer: Excuse me, Mr. Mayor, and I don't mean to be rude. These is a motion on the floor. The only discussion is to the motion. Mayor Ferre: Now, but J. L. , out of... as long as she makes it very brief . Make your brief statement and please sit down. Ms. Higgs: Ok. I just wanted to say that we are in support of the ordinance and to make you aware of our organization and let you know that we are in existenoe. Mayor Ferre: Thank you very much. Ms. Higgs: Ok. Thank you. October 24, 1985 r Mayor Ferre: All right, Ms. Jones. Ms. Jones: Cfk. I'm back to Joe, you are right. But I want you to know that this ordinance should be considered because it's a new day and those that have not had the opportunity ought to have the opportunity. Mr. Carollo: I agree Ma'am and that's what I'm trying to do, make sure that we open it enough for the vast majority that have not bad the opportunity to truly have the opportunity. I'm sorry that it might affect some of you in the following month for some contracts that are going to be going out, but I assure you that after this is passed all of you will be included, not just a nand full. Mr. Jones: That's the bulk of what you see here. Mayor Ferre: All right. Yes, sir... UNIDENTIFIED SPEAKER: Yes, I would like to address that motion. I sit here and I listen to what's going on and I listen to the statements that come from Mr. Caxollo over the years and... Mayor Ferre: Well, we are not discussing... Mr. Carollo: Mr. Mayor, please give him the opportunity. UNIDENTIFIED SPEAKER: I'm concerned that there is a demonstration, a blatant demonstration of utter contempt for the Blacks in this community and I'm... Mayor Ferre: That's not an issue here. UNIDENTIFIED SPEAKER: And regarding the motion that you have got here, it's obvious, to everybody here, everybody in the City of Miami, everybody in Dade County for that matter, that you axe just sweeping it under the rug temporarily to avoid the issue coming to a head before the election. Mayor Ferre: No, no, no. UNIDENTIFIED SPEAKER: And anybody with common sense... Mayor Ferre: Dawkins has already stated that he is for it. I an for it. I am publicly for it. So, there... UNIDENTIFIED SPEAKER: But you don't want to hear it before the election. Mayor Ferre: I don't have any problems in voting for it right now. I'm not making the for... he has the right to do what he is doing, but let me tell you something... UNIDENTIFIED SPEAKER: I... Mayor Ferre: Let me tell you something. We have an ordinance that functions right now. The law says... UNIDENTIFIED SPEAKER: I feel like I have the right to vent my frustrations just like everybody else and I want to vent my frustration as a Black man toward the contempt that the City of Miami. Commission has shown toward Blacks in this community over the years. I have been in Miami since 1948 and I know for a fact, not second band, I'm not taking anybody's word. I know for a fact that there has been nothing that's been provided for the Black oommuAty down through the years even though it's been promised time and time again. These things, they keep coming up, coming up and you waste a lot of time, a lot of the Black community's time coming out to hearings, but nothing is ever done. So, I'm just using this opportunity now to vent my frustrations. Thank you. Mayor Ferre: Yes, sir. Are you finished, sir? Now, let me answer you. Right now there is a law which gives Blacks twenty-five per cent and we are going to reduce that to seventeen per cent, but the fact is that we are... I understand why we are changing it amd that's why we are about changing it, but I resent this man coming up here and making the kind of blatant statement that gl 44 October 24, 1985 77 he made which is not based on facts, but on pure motion and I think we all have a right to make a statement in protest of that. Mr. Caroll.o : Mr. Mayor, you are quiet correct. We do have a law in effect that is broken down into twenty-five per cent for Blacks, a law that I voted for. But you know what never seems to amaze me is that I have voted here for six years time after time after time for positive things for the Black community of this City. Mrs. Gibson, herself could be a prime witness to that in many projects that she has been involved in for the betterment of the Black Coa�ty. I have been with her every time. I haven't flinched an inch away from it, but every time a small little click doesn't get their way with me to line their own pocket books, then boy Joe Carollo is a racist, I'm a Klu Klux Klan and everything else. See, this is the whole problem of what's hurting this whole conmmii.ty as a whole and in particularly the Black c o m uni.ty . All the opportunists that try to past themselves off as Black leader, that all they axe doing is living off the suffering of their own people trying to get all they can for themselves and then if they are lucky they will throw a few crumbs to the rest of the Black oommni.ty. That's not the way you do things in life. That's not the way that we are trying to run government or what we are trying to accomplish. What we are trying to accomplish is to reach the truly needed. The vast majority of the Blacks, not just to serve a few Blacks, serve a few Hispanics, serve a few of whatever else is there. Mayor Ferre: All right. Yes, Ma'am, go right ahead. Ms. Catherine Shayye: My name is Catherine Sbaye. I'm the President of International Associations for Marketing. I'm also the public affairs Clhai.r for the Greater Miami. Chapter of the National Association of Women Business Owners and I was quietly watching, but I feel compelled to clarify one thing that you said Mr. Mayor, and that was that orciinan3e 9775 while providing for twenty-five per cent procurement for Blacks and twenty-five per cent Hispanics, the proposed ordinance will in fact reduce that and I think that's erroneous, because while the racial categories remain seventeen and seventeen per cent for Blacks and Hispanics, by expanding the pie we are not in fact dividing the same piece of pie. We are avpan ing the pie and Blacks or Hispanics could conceivably capture all seventeen per cent of the female portion which would... Mayor Ferre: I understand that, but you know... and I accept that and I agree with it, but you know, mathematics tells me that twenty-five and twenty-five makes fifty per cent which is where it is now. Seventeen, seventeen, seventeen and one is different. Clk. And when you say that Blacks get seventeen, sure there could be Black women that get seven... part of that seven... and I accept that and I think the most important thing is not the percentage break down, but the fact that this ordinance has teeth in it and that this will really become a reality. The other one was a well intentional attempt and what I get upset about is the accusation of people who come up before us and wave their finger at us telling us that we have done nothing when this Commission has probably one of the best civil rights and an egalitarian records of any... and you shake your head. Yes, you shake your head, but I will tell you, I have been around for a long time and this City Commission has done things that nobody else in this town or in this state has done and you know, it isn't just that we have a woman City Attorney and we had Black City Attorney and a woman Clerk and a ID ack City Manager and a Cuban City Manager, we have been doing things for many many years that everybody has been talking about and we have been doing and for us to be castigated up here for being one of the leaders in the South in enlighten to the government is just something too much... Ms. Sbaye : Well, as a woman I look forward to the day when we have a woman sitting on the Commission. Mayor Ferre: We have bad many women sitting on this Commission. We bad the first woman of any government in South Florida sitting in this Commission, Mrs. Alice Wainwright, Mrs. Athalie Range was a woman... Mr. Plummer: Rase Gordon. Mr. Shaye: I am aware of that, but however, Mr. Mayor, I would like to just conclude my comments to the motion on the floor and that is whether or not we 91 45 October 24, 1985 0 f hear this ordizwioe this afternoon. 'There are two points that I would like to make. One, is that this is an excellent oboe for all of the reasons that you mentioned and I know you are in support of it. Secondly, the ordinanoe provides for at least fifty-two per cent. It is not a maximum, it's a minim3m which gives it a unique favor that probably no other ordinance has. Thirdly, those of us who are in the audience, I think have much of the information. We are experts in a variety of fields and can provide the tedhni.oal information that the Commissioners may have some questions about. Finally, I think we deserve an opportunity to be heard on the issue, not dismissed time and time again. Thank you. Ms. Caxnesolta5: Mr. Mayor, Ana Maria Carnesoltas from the City of Miami Commission on the Status of Women again and I'm sorry, because they did not intend to use any more of the Commission's time, but I do have to address the point that you raised, sir. No disrespect intended, but when you talk about equality and for the last two years the City of Miami. Procurement ordinaaioe systematically excluded women who are a disenfranchised group within our society, I don't see how you can actually... Mayor Ferre: Systematically excluders women and we did it with malioe and on purpose and you of course, as a member of the City Attorney's Office... Ms. Carnesoltas: Mayor, I'm not. Mayor Ferre: You were at the time. Ms. Carnesoltas: I wasn't for that very reason I'm speaking. Mayor Ferre: Well, why didn't you protest to it when you were on the City Attorney's Office? Ms. Carnesoltas: I did. I did very much sir and that was... Mr. Plummer: How did we exclude you? Ms. Carnesoltas: Let me explain how. Mr. Plummer: No, no, you made a statement that we excluded you. Ms. Carnesoltas: Because in setting... gentlemen, if I may be allowed to explain to you and illuminate you on this particular point. If you nave an ordinance that only talks about Blacks and Hispanic and it does not take into consideration women as it has happened in the Rouse Company Bayside Project situation when the women have come up and tried to bid on that project they have been consistently told you do not qualify because of procurement ordinance doesn't cover women. When the Small Business Administration two years ago bad a special program for minority women, I personally contacted the City of Miami. Procurement Department to see if a vender would be sent to this program in Orlando for purposes of making it known to women business owners how they could oome about to the City of Miami and bid on projects and I was told at that time that you couldn't even send someone to teach these women how to bid on projects, because the procurement ordinance did not include women. I am basing my statements on facts. Whether you did it maliciously or not is not the point. The point here is is that it has happened and that we are trying to set an unjust situation straight. By deferring this item you are even refusing to listen to arguments that people are making. We have to come here and on the point that we don't want it deferred because we want to be heard, you are telling us we don't want to dea1 with it. We want it deferred. Mayor Ferre: Well, let me tell you. I think perhaps you might be right. May be this is going to require a lot more consideration and you do not have my commitment on my vote. Ok. Now, you want to keep on talking. I am not voting with this ordinance as of right now. Ms. Carnesoltas: Sir, don't threaten me. If you want to remain Mayor of this town, don't threaten me. Mayor Ferre: I want to reconsider this and I have an open mind on it. 91 46 October 24, 1985 0 . Mr. Plummer: Well, let me tell you something. Now, you are finished. You were really finished before you started., because you were up here making erroneous statements. Now, I wanted to interrupt you to try to set the record straight. There is at no time in my knowledge that these has ever been as you said a direct exclusive out for women. There has never been... there is nothing to stop this group here from having Hispanic women have an organization or Black women having a Black organization. They can bid that way if they want to formulate their company that way, but when you get up here and say that we have excluded women, I don't know of a case and I would ask you to produce proof which I don't think you can. Now, all I'm saying to you is, you know, this thing is going to became an emotional issue around here and I want to tell you, in my fifteen years of history, when you come up here with that kind of an attitude everybody is going to lose. Ms. Casnesoltas: I have to respond to that because there.... — Mr. Carollo: Excuse me, Ma'am, can you hold on for a second please. You have spoken already. Can you leave some of us the opportunity to say a few more words. Ms. Carnesoltas: I would like to make one statement. I came here with the right attitude and I have been refused. Mr. Carollo: Right, when I'm finished please, if you would. Mayor Ferre: Now, I'm running this meeting and you are not recognized at this time. I will recognized you later on. Mr. Carollo : Thank you, Mr. Chai-rman. Mr. Manager, when this Item comes up again to the City Commission I would like for your administration if you would, so that we would not be further accused by any other groups of being prejudice, to contact the different American Indian groups of this community so that they can come here if they want to, contact the different oriental groups that we have in this community so that they can come here if they want to. Contact the different gay right groups of this community so that they can oome here if they want to, since they have been considered minorities by some other cities, contact you know, the Polish American Clubs, the Italian American Club, the Pakistanis and Indians from India groups, contact ari1 those people so that they can also come here and that no one else will accuse us of r being prejudice. Mr. Plummer: Mr. Mayor, if I... Mayor Ferre: Wait a minute, now this lady wanted to say something. Ms. Barbara Raskin: My name is Barbara Raskin. I am the National Treasurer of the National Association of Women Business Owners and the immediate past President of the Greater Miami Chapter and in speaking to the motion that's on the floor, I am not Hispanic. I am not Black. I an a plain old Anglo woman who would like my chance at the seventeen per cent and I request that... I am a business owner. I have taken the day off to come here today and I request that you at least give it the first reading this afternoon, so that we do not have to continue to table this and table this and defer it and give the plain Anglo woman her chance at at least a portion of the seventeen per cent. Thank you. Mr. Plummer: Mr. Manager, I would like to request if you would you to come back and give us a track record of what the twenty-five per oent set aside for Blacks has been in the past. I would request that to be done in writing please and prior to the meeting. Mayor Ferre: A11 right, any other statements by any other citizens that wishes to address this item. Yes, Ma'am. Ms. Martin: Mr. Mayor, I think... I'm Lourdes San Martin. I am Vice - President of Economic Development for the Women's Chamber of Commeroe. I just want to state that I think its unfortunate that this matter is being tabled. Miami is growing and has grown under your leadership to be one of the largest cities in the Country. In other cities of this great United States there are ordinanoes that recognize women. The cities that we are competing with for 91 47 October 24, 1985 P 0 business, Atlanta, New York, Houston, Los Angeles, everyone has an office. We are the only ones. When will we right this wrong? Please consider us. Thank you. Mayor Ferre: Now... Yes, sir. Mr. Ron Harvey: I am Ron Harvey. I live at 6009 Northwest 7th Avenue. I have a minority consulting firm and I represent several Black businesses in terms of getting contracts. I would hope that Vice -Mayor Joe Carollo would find it in his heart today to go ahead and let us meet and make a decision on this issue based on the fact that Miami has become tri--ethnic like a three legged stool and we are looking here today in terms of doing something for minorities on an even basis and that seventeen per cent for both Black, the Hispanic and the women and I think if the City Commission is going to be fair, then let's start here to see what we can do with this without having anymore animosity in terms of how much the Hispanics get, how much the Blacks get or how much the women should get, let's just do it on an even keel and vote on this issue today. Mayor Ferre: Let me answer you and say that I an in agreement with what this ordinance proposes to do. I get like any other human being upset when people come here after a clear track record of dedication towards minority goals and have people for emotional reasons or problems or political reasons not even recognize, but on the contrary, castigate this Commission unjustly for not being involved and for not caring and so you know, we are human and there comes a point where an unfair oategorization of that is something that becomes painful and Commissioner Carollo has asked that this matter be deferred. He did it last time. It was to a Regular Commission meeting. He has got that right. Mr. Harvey: But didn't I understand Mayor, that you only get one time to defer? ' Mayor Ferre: Yes, and he says this is his time, because this is not a Regular City of Miami Commission meeting. Today it is a Zoning meeting and technically we have always ruled, always for twelve years and before me my predecessor David Kennedy and before him Steve Clark and before him Robert King High, that Zoning days are not Regular Commission days. This is not a regular City of Miami Commission... This is the Zoning hearing and technically he is correct and there is nothing that you, I, anybody else can do about that. Mr. Harvey: Well, have they determined a date. I understand you are... Mayor Ferre: Yes, sir. The date is going to be the 26th day of November and that's why I wanted to make sure we clarify it so that we didn't get into further trouble on this. Now, is there further discussion on this item? Call the roll please. The following motion was introduced by Commissioner Carollo, who moved its adoption: MOTICN NO. 85-1081 THE CIOMMISSICN MEFrnG PRESENTLY SCHEDULED FOR V:•%0:1-71�10-15M. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- 48 October 24, 1985 �-j AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vioe-Mayor Joe Carollo - Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. WHEREUPCN the City Commission recessed at 12,12 P.M. and reconvened at 2:48 P.M. with the following members of the Commission found to be present: PRESENT: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre ABSENT: Commissioner Demetrio J. Perez, Jr. Vioe-Mayor Joe Carollo STATEMENTS, IMPROPER SOLICITATICNS, ETC., PRCHIBITED PENALTIES" BY PRovmm THAT NO PERSON SHALL BE FAVORED OR DISCRIMINATED AGAINST BECAUSE OF PHYSICAL OR MENTAL HANDICAP. Mayor Ferre: How about 16? Mr. Plu mner : 16 we can do. Ms. Hirai: Yes, we can do. Mr. Plummer: I move it again. Mr. Dawkins: What 15? Mayor Ferre: 16. Mr. Dawkins: Second. Mayor Ferre: All right, Plummer moves, Dawkins seconds, further discussion. Read the ordinance. All right, call the roll. AN ORDINANCE AMENDING SECTION 40-105, ENTITLED "DILATORY PRACTICES, FRAUDUIMT STATEMENTS, IMPROPER SOLICITATIONS, ETC., PRI ITED PENALTIES", OF THE 00DE OF THE CITY OF MIAtJII , FLORIDA, AS AMENDED BY PROVIDING THAT NO PERSC)rN IN THE CLASSIFIED SERVICE OR SEEKING A3IISSICN THEISM SHALL BE FAVORED OR DISCRnfMATED AGAINST IN ANY WAY BECAUSE OF PHYSICAL OR MENTAL HANDICAP; OONTAINn G A REPEALER PROVISION AND A SE'VERABILITY CLAUSE. Passed on its first reading by title at the meeting of October 10, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commdmioner Dawkins, the Orciinaa,oe was thereupon given its second and final reading by title and passed and adopted by the following vote- 3T:it } { gl 49 October 24, 1985 1 ' i AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio J. Perez, Jr. Vioe-Mayor 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. 33. AMEND SECTICN 30-55 OF THE OODE "SPDOIAL RATES" BY ADDING SUBSEC. (F) ESTABLISEMC SPECIAL RATES FOR ELECTRIC CART RENTAL AND GREEN FEES AT CITY GOLF COURSES. Mr. Plummer: I move 17. Mr. Dawkins: Second. Mr. Plummer: Read the ordinance. Mayor Ferre: A11 right, 17 has been moved and seconded, further discussion. Anybody want to discuss it? Read the ordinance. Mr. Plummer: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 30-55, ENTITLED: "SPECIAL RATES", OF THE CAE OF THE CITY OF M AMI, FLORIDA, AS AMENDED, BY ADDING THEE= A NEW SUBSECTION (f) TO PROVIDE FOR THE ESTABLISHMENT OF SPECIAL RATES FOR ELECTRIC CART RENTAL AND GREW FEES AT CITY -OWNED GOLF COURSES ON SPECIAL OCCASIONS BY RESOLUTION OF THE CITY 0OHMISSION; CONTAINING A REPEALER PROVISION AND A SEVE: AB3:T= CLAUSE. Passed on its first reading by title at the meeting of October 10, 1985, was taken up for its second and final reading by title and adoption. On motion of Com dssioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and fin -a reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins ComTd ssioner J. L . Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio J. Perez, Jr. Vioe-Mayor Joe Carollo The City Attorney read the ordinance into the public record and announoed that copies were available to the members of the City Commission and to the public. Ol 50 October 24, 1985 11 34. AMEND CHAPTER • "SHIPS, VESSELS. 1■ WATERWAYS,OF 1 001■ By AMING Mr. Plummer: I move 18. Mayor Ferre: Plummer moves 18, is there a second? Mr. Dawkins: Second. Mayor Ferre: Further discussion. Does anybody wish to speak on Item #18? All right, read the ordinance. Call the roll. AN ORDINANCE EN TITIED-- al 1■ �1• • 1 ••1■ • 1 • ■ ■ • • ■■ 124 1■ 24 ■1■ ■ 191• • ■i■ •i .� •+ �■ ■ ■ • • • ■ al' ■ N ■ ■ 1 ■ • • �A' ■• �1■ I■ •J■♦ • • :• • • ■ - ••• ■■ ■ • • ■ 1• • •1 • •1 • •• D •• • 1DI 1�1• • an' ■• � 1a1 • • � • • 'a ■ � 191• N• ■ 1■ ■ r • ■ • y ti 171 � ■ • • • • 1 • • 1 � �• 71 • • � 171■ •1 N Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L . Plummer, Jr. Mayor Maurice A. Ferre ABSENT: Commissioner Demetrio J. Perez, Jr. Vice -Mayor 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. i v 91 51 October 24, 1985 & 0 COUNSEL TO THE CIVIL, SERVICE BOARD AND THE CODE ENMRCM,= BOARD. Mr. Plummer: Move 19. Mayor Ferre: Plummer moves 19, is there a second? Mr. Dawkins: Seoond. Mayor Ferre: Further discussion? Does anybody wish to discuss Item #19? All right, call the roll on 19. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOD CN NO. 85-1082 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EMPLOY GEORGE F. KNOX, ESQ., AND MAN ROSMMIAL, ESQ., AS SPECIAL COUNSEL TO THE CIVIL SERVICE BOARD AMID TO THE CODE ENFORCEMENT BOARD, RESPECTIVELY, WITH COMPENSATION FOR THE SERVICES OF SAID ATTORNEYS BEING ALLOCATED FROM BUDGETED FUNDS OF SAID BOARDS AND AUTWRIzn G THE C30ENCMM OF SAID ATTORNEYS' SERVICES UPON THE NEGOTIATION AND EXBCUTICN OF CONTRACTS ACCEPTABLE TO THE CITY ATIOPOM, SUBJECT TO THE AVAIIABIL'L'I'Y OF FUNDS. (Here follows body of resolution, omitted here and on file in the Offioe of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurioe A. Ferre NOES: None. ABSENT: Commissioner Demetrio J. Perez, Jr. Vioe-Mayor Joe Carollo 36 . CLAIM SE'I'PI NT - MARIA UORE NNE - $ 7 , 000. Mayor Ferre: Take up 20. Mr. Plummer: Move it. E Mr. Dawkins: Second. Mayor Ferre: It's been moved and seconded, is there further discussion on 20? Any discussion? Call the ro11 on 20. The following resolution was introduoed by Commissioner Plummer, who moved its adoption: RESOIIJ'I'ICN NO. 85-1083 A RESOLUTION AUTHORIZING THE DIRBMR OF FINANCE TO PAY MARIA MEDM LIIJRENTE, SEVEN THOUSAND DOLLARS ($7,000), WITH = THE ADMISSION OF LABILITY, IN FULL AND OOMPLETE SETTLEMU OF ALL BODILY INJURY, PERSONAL INJURY PRC7 WTION LIENS, WORKERS' OOMPENSATICN LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND WII,LIE CULPEPPER UPION EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI AMID W=E CULPEPPER FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins _ Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Y' ABSENT: Commissioner Demetrio J. Perez, Jr. Vioe-Mayor Joe Carollo 37. CLAIM SErM2MENT - MARTHA CLARK - $7, 500. ■ Mayor Ferre: Take up 21. Mr. Plummer: Move it. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Dawkins seconded, further discussion? Call the roll. Mr. Plummer: Mr. Mayor, for the record, both 20 and 21 do have the recommendation of the City Attorney as well as 19. Mr. Dougherty: Yes. Mayor Ferre: All right, call the roll. 91 53 October 24, 1985 The following resolution was introduced by Commissioner Plummer, who moved its adoption: MARTHA CIL,ARK, THE SUM OF SEVEN THOUSAND FIVE DOLLARS ($7, 500) , WITHOUT THE AMSSION OF IJABII=, IN FULL AND 00HPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI , UPON FXB=ON OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL (AIMS AND DEMANDS, (Here follows body of resolution, omitted here and on file in the Offioe of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurioe A. Ferre NOES: None. ABSENT: Commissioner Demetrio J. Perez, Jr. Vioe-Mayor Joe Casollo 38. ALLOCATE $10,000 FOR ONE CITY MOUSSIONER AND OTHER CITY PERSC7N EL TO TRAVEL TO RCS, ITALY AND MAKE CITY'S PRESENTATION TO BOARD OF DIRECTORS OF THE AMERICAN SOCIETY OF TRAVEL AGENTS (ASTA) CAN NOVEMBER 11, 1985. Mayor Ferre: Take up 22. Mr. Plummer: I move it. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Further discussion, call the roll on 22. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOD TION NO. 85-1085 A RESOLUTION ALIXATING AN AMOUNT NOT TO EXCEED $10,000 FORM SPECIAL PROORAMS AND ACOOUNTS, OONTINGENT FUND, 70 APPROPRIATEOOVER EXPENSES FOR CN CITY M\MSSIONER AND OTHER PERSONNEL T• TRAVEL TO ROME, ITALY, AND • •N TO THE :• • •,■ OF DIRECTORS OF THE AMMCAN SWIM OF E+ ON O• E is E• 11, 1985, IN AN ATTEMPT TO BRING THE NEXT ASTA OON=ON TO MIAMI. (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- g1 54 October 24, 1985 _ AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio J. Perez, Jr. Vice -Mayor Joe Carollo 39. AUTHORIZE LEASE AGREEMENT WITH HOPE PRESCHOM, INC. FOR LEASE OF FORMER FIRE STATION #9 FOR PRESCHOM AMID DAY CARE FACILITY. Mayor Ferre: Take up 23. Mr . Plummer: Mr. Mayor, I want to identify for the record that 23 has in fact, brought me a certified letter from the bank saying that they have loans to cover the neoessaty repairs. I just want to clarify on the record that they understand of the cancellation clause it is held by the City, that if in fact, a cancellation clause is executed, that you have no recourse to the City for any part of the monies that you have expended. Would you come to the microphone, identify yourself and so state on the record please. Mayor Ferre: What item is this? Mr. Plumper: This is Item 23. Mr. Patrick Bogard: My name is Patrick Bogard. I'm representing Hope Preschool -School. } Mr. Plummer: You heard my question, sir? Mr. Bogard: Yes. Mr. Plummer: That you understand that any monies that you expend to renovate those premises, that if at any time the City executes its right of eviction, = that you do not and will not expect any monies back from the City of Miami. Mr. Bogard: Yes, sir. Mr. Plummer: You understand that and that is clear? Mr. Bogard: Yes, sir. Mr. Plummer: All right, sir. Under those conditions Mr. Mayor, I move Item 23. Mr. Plummer: Second. Mayor Ferre: All right, there is a motion and a second, further discussion, - call the roll on 23. gl 55 October 24, 1985 FS r f 0 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOL;JTIC N NO. 85-1086 A RESOLUTION ACCEPTING THE PROPOSAL OF HOPE PRESCHOOL FOR THE LEASE OF FORMER FIRE STATION #k9, LOCATED AT 7561 NE 1 AVENUE, FOR THE PURPOSE OF OPERATING A PRESCHOOL AND DAY CARE FACI=, AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT, IN THE FORM ATTACHED THERETO, WITH HOPE PRESCHOOL FOR A FIVE-YEAR PERIOD, WITH ONE FIVE- YEAR RENEWAL OPTION AT THE CI'I'Y'S DISCRETION, AT AN ANNUAL RATE OF $400. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio J. Perez, Jr. Vice -Mayor Joe Casollo • • TO $50,000 TO PARTLY ■ ar a.- UNLIM1TED HYDROPLANE REGATTA" AND AN ADDITIONAL $25,000 AS A GRANT IN 0ONSIDERATION OF ENTERTAINMENT SPORTS PROGRAMMnU NETWORK TELEVISION 0OVERAGE OF Mayor Ferre: Take up 24. Mr. Plummer: Item what Mr. Mayor? May I read a pocket item please? (AT THIS POINT CMUSSIONER PLUMMER READS RESOLUTION INTO THE RECORD). Mr. Mayor, I so move. Mr. Dawkins: Second. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: gl effi '- RE►9OLUTION NO. 85-1087 A RESOLUTION ALLOCATIM FROM GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND AN AMOUNT NX TO ) $50,000 TO PARTLY "THE 16TH ANNUAL SER UNLIMITED HYDRDPLANE REGATTA" AND AN ADDITIONAL AMOUNT OF • • • AS A GRANT IN .. • •a OF ■■ REGATTA, SAM ADDITIONAL AMOUNT BEMG ALLOCATED IN CONSIDERATION OF ENTERTAINMENT SPORTS PROGRAMIM NETWORK (ESPN) TELEVISION COVERAGE OF THE EVENT WHICH ENABLES THE REGATTA TO BE SEEN ON CLOSED CIR=T TELEVISION; FURTHER OCNDITIONnU SAID ALLOGATICNS UPON SUBSTANTIAL COMPLIANCE OF ■ ■ ADmnqiSTRATIVE POLICY NO. : • DATED JANUARY 24, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 56 October 24, 1985 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Conmd.ssioner J. L. Plummer, Jr. Mayor Maurioe A. Ferre NOES: None. ABSENT: Commissioner Demetrio J. Perez, Jr. Mice -Mayor Joe Casollo 41. ACCEPT IN PRINCIPLE PROPOSAL OF CASINO ESPANOL DE HABANA, INC. FOR LEASE OF NORTHEASTERLY CORNER OF MARINE STADIUM OOMPLEX Lfi= AT VMINIA KEY. Mr. Plummer: Mr. Mayor, on Item 24 may I... Commissioner Carollo is the one who has a problem with this and he has expressed.., what I would like to do at this particular tine... Mr. Mayor, the Casino Espanol were the only... they were the sole bidder on this particular item which in effect, has locked them in. It is the expression and the feeling that their proffer of what they would pay the City on a per annual basis should be greater than what they have bid. It is the feeling of some, Mr. Manager, that this matter should be sent to you for final negotiations in the effect that you try and negotiate with them a little bit better bid than what they have proffered at this particular time. Now, do you understand what I am saying? In other words, you have made a bid and we think you ought to pay a Little bit more. You are now looked in as to the only bidder, so the Manager can in fact negotiate with you for a possible higher fee and come back to this Commission with a final recommendation. You understand that? Mr. Manager. Mr. Mayor, based on that I move Item 24 to the Manager for better and final negotiations. Mayor Ferre: All right, there is a motion on Item 24 as stated, is there a second? All right, it's been seconded by Commissioner Perez, further discussion. Mr. Perez: But this is Casino Espanol. Mr. Plummer: Yes. Mr. Perez: For sending back to the Manager. Mr. Plummer: Sending it back to better the ante. Mayor Ferre: Now, we are passing the resolution aeoepting in principle a proposal, but we are asking for the Manager to further negotiate the figure. Mr. Plummer: To a little bit better bid and final negotiations. Mayor Ferre: We are accepting it. Mr. Plumper: Yes, sir. Mayor Ferre: All right, call the roll. gl 57 October 24, 1985 The following resolution was introduced by Commissioner PlumTer, who moved its adoption: RESOLUTION NO. 85-1088 A RESOLUTION ACCEPTING IN PRINCIPLE THE PROPOSAL OF CASINO ESPANOL DEL O ' •.• CIORPORATION,FOR SITUATEDTHE LEASE OF APPR=MATELY 30,ODO SQUARE FEET OF LAND, ON THE•' 1 al' CORNER OF E MARINE STADIUM CIOMPLEX LAGOON AT VIRGINIA KEY, FOR THE PURPOSE OF PROVIDING A• .•.TAND PRDY0TING INTERNATIONAL COMPETITION,t■ 1 I RENT OF $2,400 AND 2.5% OF GROSS RECEIPTS; A=RIZING AND DIRECTIR; THE CITY MANAGER TO NEGOTIATE A LEASE AGREEMENT WITH ■ '• ESPANOL DE LA HABANA, INC.;AND FURTHER DIRECTING THE CITY MANAGER TO PRESENT THE NB30TIATED LEASE AGPM= M THE CITY OaMSSION AS SOON AS PRACTICABLE • • FINAL CONSIDERATION ANID APPROVAL BY THE C��•Y14■ •�► • : • : �• y,1 �►,■y_K-iy�i ��i�a•�i■Zi�i►rM :li�� (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L . Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vioe-Mayor Joe Carollo Mr. Plummer: Gentleman from the Casino Espanol we will see you on November the 26th. Hopefully, that will finish it. 42. APPROVE, SUBJECT TO APPLICABLE STATE BEVERAGE DEPARTMENT RULES, A PERMIT TO DISPENSE BEER NOVEMBER 17, 1985 AT NO CHARGE AT THE PICNIC FOR RESIDENT PSYCHIATRISTS OF JACKSON MEMORIAL HOSPITAL. 1 Mr. Plummer: Item 25 Mr. Mayor. I move Item 25. Is there a second? Mr. Perez: Second. Mayor Ferre: Seconded by Demetrio Perez, further discussion on 25? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-1089 _ A RESOLUTION APPROVING, SUBJECT TO ANY APPLICABLE RULES OF THE STATE BEVERAGE DEPARTMENT, A PERMIT TO DISPENSE BEER AT NO CHARGE FOR A ONE -DAY PERIOD IN CONNECTION WITH A PICNIC FOR THE RESIDENT PSYCHIATRISTS OF JAWON MEMORIAL HOSPITAL TO BE HELD NOVEMBER 17, 1985 IN WAINWRIGHT PARK, SUBJFJL•T TO THE ISSUANCE OF ALL OnW PERMITS THAT MAY BE REQ[TIRID BY LAW. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 91 58 October 24, 1985 Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. _ Mayor Maurice A. Ferre i NOES: None. ABSENT: Vioe-Mayor Joe Carollo 43. AUTH0RIZE CITY MANAGER TO REDUCE RETAINAGE CN CURTIS PARK ELDERLY MEALS FACII= PROJECT FROM 10% '10 2.5%. Mr. Plummer: Curtis Park Elementary meal facilities from 10%. I move Item... No, Commissioner Perez moves 26, Dawkins seconds. Is there any further discussion, call the roll. The following resolution was introduced by Commissioner Perez, who moved its adoption: ' �•1 •I I• • ■ 1 �1• • ' �I•' M 1 ' � •1 1 •I y 71 ■ 91' 1 ■ (Here follows body of resolution, aanitted 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: Comdmioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo 44. 00-DESIGNATE SOUTH 8TH STREET BETWEEN S.W. 27TH AVENUE AND BISCAYNE BAY AS "CALLE 0(M" . Mayor Ferre: 27. Mr. Plummer: Mr. Mayor, my understanding... I have no problem with 27 except for the fact that it was our understanding... well, but my understanding was that we were going to name things after people. Now, has that changed Mr. Mayor? Do you want to go with... Mayor Ferre: Ca1le Ocho, I knew him very well. Mr. Plu►mier: Mr. Mayor, it's really... you know, I can go either way. It's just the idea that the policy had been established that whenever possible we were going to name after people. Mr. Biscayne Boulevard. Well, hey I want to tell you I have no problem with moving it as fax as Calle Ocho is oonoernsd or voting for it. Mayor Ferre: Demetrio Perez seconds, further discussion, call the roll. 91 59 October 24, 1985 0 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-1091 A RESOLUTION 00-DESIGNATING SOUTH 8TH STREET Bpi SOMN7EST 27 AVENUE AND BISCAYNE BAY AS "CALLS OCHO" ; REQUESTING THE DADE COUNTY DEPARTMENT OF PUBLIC WORKS TO MAKE AMID INSTALL STREET IDENTIFICATION SIGNS; AND A=RIZIIU AMID DIRECTING THE CITY CLERK TO FORWARD THIS RESOLUTION TO AFFECTED AGENCIES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Con dmioner J. L . Plumper, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vioe-Mayor Joe Carollo 45. REFER TO CITY MANAGER :ID OF a • - N•.• • CONTROL ORANGE BOWL. Mayor Ferre: All right, now we are on 28. Mr. Plummer: I'm assuming that the gentleman here has got some problems with 28. Mr. Walter Golby: Same one as last time gentleman. Mayor Ferre: All right, let's hear the problem. Mr. Plummer: Ok. Well, just for the record, the Manager is recommending All Star Security for the estimate cost of forty thousand dollars. Is that correct? Mr. Pereira: That's correct. Mr. Plummer: And this gentleman is here to say that that's not a good situation. Is that correct? Mr. Golby: No, I believe the question that was raised before was one of minority participation. Mr. Plummer: Well, he will raise that right. You don't need to editorialize. Tell us why you feel the reoommendation is wrong. Mr. Brian Bottfeld: Well, first and foremost, my name is Brian Bottfeld. I'm director of security for Andy Frain of Florida Incorporated. I also serve as game commander for the events at the Orange Bowl, particularly the Dolphin games. When we received this bid as I said at the last Commission Meeting that I attended and spoke, ordinance No. 9775 was included in it and the indication towards it was that without adherence or certainly aoceptanoe of the ordinance in using minority business, that the bid could either be rejected or awarded to the company that did. We took a great deal of time in looking at that and we did so. We went out. We worked out a subcontract deal with a minority Black business. We turned around and we said, ok, we are going to get... and the ordinance calls for twenty-five per cent,. We gave gl 60 October 24, 1985 twenty-five per cent and we have already worked out a training program with that particular business, and we are prepared to go ahead with it. We were prepared to go ahead with it under the existing situation that we now have. We felt and sti11 feel that if you are going to accept a bid which does not address this issue and this past bid really doesn't. It does not put money into a minority business's bands. All that it does is give minority individuals some jobs. We have been doing that since the first day we came into the Orange Bowl. We axe talking about giving the minority business profit, which is exactly what was being discussed this morning giving minority business revenue and giving it business. Now, under that contention... Mr. Plummer: What are you saying? Are you saying that that firm which is recommended is not in fact, a minority firm or not... Mr. Bottfeld: It is not a minority firm at all sir. Mr. Plummer: Are you saying that the minorities are not participating? Mr. Bottfeld: I'm saying that it does not address the minority issue as you yourselves through your purchasing Department have requested that it be address by including Ordinance No. 9775 in the bid packet. Mr. Plummer: Mr. Manager, you are the Manager. Mr. Pereira: Yes, sir. Mr. Plummer: You have heard the man's allegations. Mr. Pereira: I would... let me ask Assistant Manager Cesar Odio who has handed this to respond to it and with all the details pertinent to what the presentation that this gentleman has made. Mr. Odio: First of all. Commissioner Plummer and Commissioners, he was the highest bidder of all the bidders. Even if we went to, not to All Star, but the next company it would not be Mr. Array Frain here. It would be some other =qw y. Secondly, the company that they associated with was the same security company that failed in Metrorail and were just removed two weeks ago. So, they are not acceptable to us. Third, sir and most important All Stax which the company we recommend and their axe a lower bidder than they are, have a certificate that they have committed. to Florida and Associates with twenty-five per cent minority participation which was done prior to the bidding and they did not submit the documents because they felt that it had to be shown at the time of the contract negotiations and not before. So, therefore, I submit that I'm sorry, but they do not comply with what we advertised. We were not required in spite of what he says to have minority participation. It was not a requirement of the bid and the City Attorney cannot address that and therefore, we still recommend All Star. Mr. Plummer: Well, Mr. Odio, I understand that it wasn't a requirement, but in the faith and keeping of this Commission, then I ask you are you saying to me as a vote on this Commission, that in this particular case it was not a requirements, but.... Mr. Odio: We favor it arri the All Star which we recommend has twenty-five per cent minority participation. Here axe the documents. Mr. Pl=ner: Well, ok, now let me ask you that. Let's go into that for one minute. When you say participation, to what extent. Are they in the ownership. Are they hourly employees. Mr. Herb Deitch: Can I answer that question? Mr. Plummer: Sure. Mr. Herb Deitch: My name is Herb Deitch, 155 Northwest 167th Street, Ste. 202. Mr. Plummer: How come you don't have an office in the City? Mr. Deitch: Why don't we have an office in the City? gl 61 October 24, 1985 A P Mr. Plummer: Why don't you have an office in the City? Mr. Deitch: Well, we have two offioes now. One in Fort Lauderdale and one in North Miami Beach. Mr. Plummer: But you axe asking to do business in the City. Mr. Deitch: I represent Mr. Floyd, ok. I'm just going to answer... Mr. Plummer: You are the barrister? Mr. Deitch: Yes, I take care of all his. Mr. Plummer: Ch, I'm sorry. All right, sir. Mr. Deitch: C►k. Mr. Floyd here, ok, he is the subcontractor in this case. He has always been the subcontractor. He also has certificates from Dade County as a minority vender. Mr. Plummer: Subcontractor to who? Mr. Floyd. Mr. Deitch: This has been from the very beginning and also, everything that this man has said is not true. Mr. Plummer: Ok. That's why we axe Mr. Deitch: That's right. In the bid package itself there were two sheets of paper, one with the bid on it and the other with the requirements. All the requirements were met at this point and Mr. Floyd is going to reoeive twenty- five per oent of this bid and that's the answer. Mr. Plummer: Mr. Floyd, sir, what company do you represent? Mr. Floyd: Floyd and Associates. Mr. Plummer: Floyd and Associates, and you are a subcontractor to.. Mr. Floyd: All State. Mr. Plummer: All State. Mr. Floyd: A11 Star. Mr. Plummer: All Star. All right, sir. Mr. Floyd, how long has this company of yours been in existenoe? Mr. Floyd: Four years sir. Mr. Plummer: Four year. Are you the owner of that company? Mr. Floyd: I am the owner one hundred per cent. Mr. Plummer: A hundred per cent of the stock. Mr. Floyd: One hundred per cent. Mr. Plummer: All right, sir. And what other major activities have you ever done in the past as big as the Orange Bowl. Mr. Floyd: We have the Orange Bowl. We have Dolphins Stadium. Mr. Plummer: Which stadium? Mr. Floyd: Dolphins. Mr. Plummer: The Dolphins. That's the Orange Bowl right now. Mr. Floyd: The site. 91 62 October 24, 1985 +AT�Y,�ri �rauNgrsr.�5"4+W`i'1xA"tT+ }�,+gaacnRl:,9�a I�RlnllRni __ - _ -- Mr. Plummer: Ch, you have the new stadium already Mr. Floyd: Yes, sir. We have all Popeyes in Broward County. We have several other minor contracts, but those are the major ones. Mr. Plummer: And where is your office located sir? Mr. Floyd: 155 Northwest 167th Street. ' Mr. Plummer: That's his address. Mr. Floyd: The other is in Fort Lauderdale. Mr. Plummer: What is your address of your oompany? Mr. Floyd: The address for my company in Miami is 155 Northwest 167th Street. Mr. Plummer: But you are doing for the new Robbie Stadium. Mr. Deitch: Mr. Floyd also has a contract with INS Justice Department Federal contract. He has a good reputation inn the business. Mr. Plummer: But he is doing Mr. Robbie's stadium. Mr. Casol1o: This... What's the name of that company All Star. How many hours are we talking about here J. L.? - Mr. Plummer: This is for the Orange Bowl Joe, for football games. Mr. Carollo: Yes, but bow many hours are we talking about on a monthly basis? Mr. Plummer: How many hours does it call for and how many people. What are they getting paid an hour? Mr. Carollo: See, what I can't understand is I don't see an hourly bid here. All that I see is a lump sum. Mr. Golby: Well, that was in the recap, but the initial package we gave you had the break downs. Mr. Plummer: Well, how much are we paying your guards an hour? Mr. Carollo: Well, you are not paying the guards you are paying his company. Mr. Plummer: Well, that's what I meant. How much are we paying your company an hour? Mr. Robert Buro: Yes, my name is Robert Buro, owner of All Star Security. You would be paying my guards five thirty-five per hour. Mr. Plummer: 5-3-5? Mr. Buro: Yes, Sir. Mr. Plummer: And what is Mr. Floyd receiving? Mr. Buro: He is going to be receiving twenty-five per cent. Mr. Carollo: Excuse me. We are paying five dollars and thirty-five cents an hour to your oompany? Mr. Buro: Yes, sir. Mr. Carollo: That's what we are paying you an hour. Mr. Buro: Yes, sir. You are paying me five thirty-five per hour. Mr. Carollo: Five thirty-five per hour. Mr. Buro: Yes, sir. Mr. Carolo: Well, I guess you must be paying minimum wage to the people use there then. Mr. Buro: Well, we pay by the game. Mr. Carollo: You don't pay hourly? Mr. Buro: "Yes, it comes out to fifteen dollars per game. Mr. Plummer: And how many hours are involved? Mr. Buro: I believe it's four hours. Mr. Deitch: It's actually five. Mr. Buro: Actually it's five hours. I'm sorry. Mr. Plummer: But wait a minute. Let me get back to this twenty-five per cent. Mr. Floyd receives twenty-five per oent of the five thirty-five of all guards? Mr. Buro: No, just a certain amount of guards that he would be supplying to me. Mr. Plummer: How many guards will you be supplying Mr. Floyd. Mr. Buro: Twenty-five per cent. Mr. Plummer: Of the guar s . Mr. Buro: Of the total number, yes, sir. Mr. Plummer: How many here is the total number? Mr. Buro: Ok we would be supplying a hundred six ushers. We would be supplying about seventeen ticket takers. Mr. Plunrier: I thought this was for security. Mr. Buro: No, sir, this is crowd control for the dolphin games, ushers and ticket takers. Mr. Dawkins: Pardon me, Mr. Plummer. Who is providing the security? Mr. Buro: We don't have no security on this. This is crowd control. Mr. Dawkins: Who provides the security? I don't care who has got it. Who provides it? Mr. Golby: That's a separate bid that's being handled by Andy Frain right now. Mr. Dawkins: Ok. I told you guys and I'm going to tell you know, don't bring this to me until we had the... when does Andy Frain's contract run out? Mr. Golby: Technically, the bid for crowd control services ran out last year sir. Mr. Dawkins: When does the security bid run out. Mr. Bottfeld: It has already expired. Mr. Dawkins: Well, why is Array Frain still providing services. You see, I have been through this and I have told you guys to bring this in as a package and settle. Now, you are coming in with this piece of garbage axxi that's my opinion and Mr. Frain still has the bigger piece... what's the difference `fir between what we pay for security and what we are paying for crowd control. Mr. Bottfeld: The Frain bid for crowd control during the games was on a per game basis. gl 64 October 24, 1985 x� r. a 1 17J�' Mr. Dawkins: What are we paying sir, for the total game. Mr. Carollo: Who is this gentleman here with J. L.? Mr. Plummer: Andy Frain. Mr. Carollo: He is with Andy Frain. Ck. And both of these three individuals are with All Star? Mr. Plummer: Yes. Well, it's a lawyer and two with All Star and one with the minority contractor. Mr. Dawkins: No, no, no, you can't answer nothing. I want people who work for me to answer this. You are working for him. Stand in the back sir, please. Mr. Carollo: Miller, before he could answer I want to know who the players are again. I'm kind of mixed up. Mr. Quo: Ck. Commissioner, we went out to bid... Mr. Plummer: Excuse me, did you clear Commissioner Carollo's question? Would you identify the players. Mr. Olio: That's what I'm going to do. We went out to bid... He represents Andy Frain. They were the highest bidder of a11.. He came in in the last City Cammission meeting and requested that we postpone the bidding... the awarding of this bid because this other company had no minority participation. Mr. Pereira: Identify the players. Mr. Plummer: Identify the players. Mr. Odio: The players is All Star company which is a company we are recommending and Andy Frain Company which is the company that is complaining that the bid was not proper. Mr. Carollo: Was not what? Mr. Odio: Properly awarded. Mr. CarolIo: Properly awarded. Ck. Now, both of these two gentleman are owners of the firm. Mr. Odio: He represents All Star and Mr. Floyd represent Floyd and Associates with twenty-five per cent partnership in this bid. Mr. Carollo: Ck. You are saying Florida and Associates. Mr. Odio: No, Floyd. Mr. Carollo: They are not here though, Floyd and Associates. Mr. Odio: Yes, sir he is here. Right here. Mr. Carol1o: Yes, but they are not here in the analysis that we have. Mr. Odio: No, because All Star is the bidding partner and they have subcontracted with Floyd up front for twenty-five per cent of the business to comply with minority participation. Mr. CarolIo: When you say twenty-five per cent how is this being done. They are putting twenty-five per cent of the guards. Mr. Odio: That's correct, sir. r` Mr. Carollo: Is this how it's done? His company puts twenty-five per cent of the guars and the City pays him twenty-five per cent of the full amount or you do. 91 65 October 24, 1985 Lei— r>y_ Z— \ ow Mr. Biro: No, I do. Mr. Odio: And we pay them by the hour. If they work five hours we pay them so much per hour. Mr. Carollo: Ok. AU right, I have a question now. We pay by the hour for guards. Are we paying for supervisors too? Mr. Odio: Yes, we are. That is in the total... Mr. Carollo: In other words the hours involved includes supervisors that we are paying for there and everything. Mr. Carollo: Yes, sir. Mr. Carollo: That's awfully close. Five thirty-five an hour. Mr. Odio: And they were the second lowest bidder. 'There was another company that oame in even lower and did not qualify because of lack of experience which was Dobbs Company and they couldn't at the price they came in I don't think they could have made it to be honest. Mr. Plunner: Commissioner Dawkins's question hasn't been answered. Why isn't it one tota.1 ball of wax? Mr. Odio: There are two difference functions and it takes two different experiences. One have to be security guards... Mr. Dawkins: Yes, ok. Let me go back along... ALI right, what is the total amount of money allocated, bided on, awarded for security at the Orange Bowl? That's this gentleman here. Mr. Odio: Well, that's per game basis and that's forty thousand dollars. Mr. Dawkins: Forty thousand dollars a game. Mr. Odio: No, a season. Mr. Pereira: A season. Mr. Bottfeld: A year. Mr. Carollo: Miller, let me tell you something briefly and I do know a little bit about security and I tell you I wouldn't take this contract for five thirty-five not whatsoever. At five thirty-five if this what you are paying the company I can just begin to imagine the kind of people you are going to have out there. You are going to get people that you are paying mininum wages to. If you are lucky three fifty an hour and I just don't see them being able to provide people for those games that can speak English well enough to be understood that can have a decent appearance and are going to be able to know what the neck they are going there. You know, it's just not possible. Mr. Dawkins: So, and how much do we spend... what's the total contract for the crowd control? Mr. Odio: This is forty thousand dollars. Mr. Dawkins: Forty-five thousand. Mr. Odio: Forty thousand. This is what this calls for. Mr. Dawkins: So, forty for security and forty for crowd control. I: _... , �._- ,a Mr. Dawkins: So, from the end of last season, which was what, January? Mr. Odio: The end of last season was at the end of January. Mr. Dawkins: Cik. So, now from January did he do any security between January and the football season? Mr. Odio: If we did any concerts I don't know... Walter will have to... Mr. Dawkins: Without a contract. Mr. Odio: Yes, he did. Mr. Dawkins: All right, now what minority did he have oven? Mr. Odio: He has to answer that. Mr. Dawkins: All right, where is the minority procurement officer? All right, none right. Mr. Odio: I don't feel like he had a minority participation before. Mr. Dawkins: But yet and still we are supposed to be about the business of minority participation and here you let a guy operate eight months without a contract and with no minority participation and you still got him hanging on with no contract and still no minority participation. Mr. Bottfield: Commissioner, I beg to differ. Mr. Dawkins: Well, then if I'm wrong straighten me sir. That's what I'm here for. Mr. Bottfield: I beg to differ with the Assistant City Manager and to that end I have in the audienoe right now the personnel coordinator for our firm and she will stand up here and attest just as quickly as I will that better than seventy per vent of the people that are involved in the operation at the Orange Bowl. Mr. Dawkins: No, I am talking about ownership. See, make sure.. tell him whet I'm talking about Odio. Mr. Odio: Ownership. Mr. Dawkins: Not participation. Mr. Bottfield: Cfk. In ownership, no. Mr. Dawkins: All right, that's what we are discussing. Ownership. Tell him• Mr. Odio: No, ownership participation of minorities was in that company last year. You are willing to attest to that? Mr. Dawkins: All right, see and yet and still with no minority ownership knowing that we bave been here saying it, I mean, we still got him. Why? Mr. Odio: Sir, because we didn't award this quick enough. We should have finished the award prooess sooner... Mr. Dawkins: That's still not going to do anything with him with no minorities. — Mr. Deitch: And I am the only one in the bid package Commissioner who address the minority issue. Mr. Odio: That's why we asked for this to be awarded the last time Commissioner. . Mr. Dawkins: All right, now getting back to Mr. Pluimer's question to Mr. Floyd. Where is your office Mr. Floyd? gl 67 October 24, 1985 Mr. Floyd: 155 Northwest 167th Street. Mr. Dawkins: You don't even have a City oocupational license right? Mr. Floyd: Yes. Mr. Dawkins: No, because you are in the County. Mr. Floyd: We have a County operational license and I have had one for the past three years and the first half way break seems to be appearing. Mr. Dawkins: Who's providing security for Robbie's stadium? He will. Mr. Plummer: Mr. Floyd. Mr. Odio: Well, Mr. Floyd will but that's in 1999. Mr. Dawkins: Well, let him wait. All right. Ok. I have no further questions. Mr. Plunrmr. . Mr. Odio, what do you recommend? We throw all of these out and start all over again. Mr. Odio: No, sir. I think if we continue to throw this out Mr. Frain will benefit from coming at a higher price and he will continue to do the games because we need this service and I think we should award it to this contractor now and at the end of the season go out for bids again up front saying that we do need ownership minority participation. Mr. Carollo: Cesar, let me say this to you. Lower price doesn't necessarily mean better service. Mr. Odio: I understand that, sir. Mr. Carollo: I mean, now I'm being very frank with you. Look what happened with the Metrorail contract. Mr. Odio: Well, that's the partners that they have. Mr. Carollo: Well, I don't case, you know, who gets... you know, what partners who has,but I'm just saying look what happened with that contract. Mr. Clio: Yes, sir, but it happens coincidently that the same company that they... Mr. Carollo: And what I'm seeing that this society of our is turning into, you know, it's just a complete charade. It's not a matter of who provides the better service, but it's a matter who's got, you know, one person of this color, of that ethnic background, of this religion or whatever and in the long run we are going to end up paying more. So, I'm telling you now for five thirty-five an hour that we are paying them, you know what they are going to hire out there? I could just imagine what they are going to hire, because see... go ahead, sir Mr. Plummer: Yes. Those that were in the Orange Bowl before. Mr. Bottfeld: Joe, the bid isn't five thirty-five. The way it works now is it's not across the board at five thirty-five. There were different categories in each one of the positions that were there. The ushers are a different rate than the supervisors. Ck. Now, A11 Stars... here are the main factors involved here. A11 Star Security has provided services through out the County and has a great reputation. Floyd. and Associates his subvendor has a good. reputation. If you want to check with the County they are certified as a Black minority vendor. One of the few. Clk. Now, all we are asking today is that you listen to the recommer ations of your people here and award the contract to All Star Security with Floyd and Associates as the subvendor. Mr. Carollo: That's all. Mr. Bottfeld: That's it. 91 68 October 24, 1985 Mr. Caxollo: Ok. Cesar, you know what I need from you guys, from the administration. Mr. Odio: Yes, sir. Mr. Carollo: I need to know exactly how much we are paying hourly for what. Now much we are paying the guards, the ushers, the supervisors, how many hours per game so we could further analyze this in a more intelligent way, because what has been given to us, you know, doesn't make sense at all. I sure they didn't bid this in this way. They gave you a break down. Mr. Odio: We did get a break down. Mr. Carollo: Well, I want a break down for myself to see. Mr. Plummer: How much are we paying Andy Frain for security? Mr. Bottfeld: Five fifty. Mr. Carollo: Excuse me. Mr. Plummer: And they... Mr. Carollo: How much? Mr -Deitch: They are paying us five fifty. We are going off the security contract and we don't like it. Mr. Carollo: Five fifty. Five thirty-five. Mr. Plummer: Well, let me ask this question. You say the security contract is different than this one. Mr. Odio: Yes. Mr. Plummer: Now, they have the security contract? Mr. Odio: It's expired. We have to award that and we are at this moment in a position where we might have... Mr . Plummer: Cesar, it doesn't make sense . Why are you awarding i ng it in the busiest part of the year? Mr. Odio: Because the bids came in Commissioner, they were not right and we have to... we went to the Law Department and we are at the point where we have to throw them out and start all over again. Unfortunately, that happened prior to the season. It was done with plenty of time, but we did have problems with the bids and they bad to be thrown out and that's what happened in this case. We were late two weeks and then it was delayed another two weeks, but I will have to say this Camdssioner Carollo, to answer your question. This was also based on experience that they had when the Stadium Department sat down and analyzed the bid it was based, not only on price, but on experience. The lowest bidder D, was thrown out because they did not have the experience and we didn't feel that it would do the proper job at the Orange Bowl and that's why the were not aooeptable and also,.. Mr. Carollo: No, Cesar, look, I don't care what company gets this. It's irrelevant to me, you know. I don't know any of these gentlemen. It doesn't matter to me what company gets it. What I'm looking at is, number one, that we don't have all the information that we need to really analyze this. And Secondly, I'm... you know, frankly, I'm surprised at the rates that we are getting. I would rather be frank with you myself, pay a little more, but get some servioes worth a hoot and not like what happens when we go to the games that you know, I see what have gone through myself just to get into a darn elevator. I'm not, you know, trying to say anything about this gentleman's f oompany here. At those rates it's very hard, in fact, next to impossible to get good personnel.. They all hire from the same pool of people out there, you _ know, so the only thing may be one company could do is better supervise the -' contract, but as far as the personnel, the personnel is going to depend on what kind of hourly rate we give them. gl 89 October 24, 1985 , 77 _ . 1P 11 Mr. Odio: The problem Commissioner, is that the Law Department is telling us that we must give it to the lowest bidder. Mr. Carollo: To the lowest bidder. Mr. Plummer: That's not true. Mr. Dougherty: Or reject all bids. Mr. Plummer: The lowest and most responsible. Mr. Odio: That is correct. Mr. Botfeld: Mr. Mayor and Commissioners, may I address the Commission for a moment. The bid that we Submitted. Number 8485-94 which is the crowd control services bid took into aocount the fact that rates have been too low over the years and took into account the fact that we did have to pay better on an hourly wage and if you will have your Purchasing Department present it to you, you will see that we have responded in the affirmative form in that way. We have not bid at five thirty-five. We have not bid at five fifty. On the ushering and ticket taking staff we have bided six. In an attempt to pay between three seventy-five and four dollars to the ticket takers and not give the minimum wage. We have been going through this for years and I looked at the bid package and so did the head of our firm and so did our operations manager and we all agreed. We have to be able to give a reasonable wage to the people in order for them to subsist and in order to upgrade the quality of individuals that are there and by the same token we have been operating off the security contract for the crowd control contract for the last six games. It doesn't make it easy, but we have had to do it, because we did not want to see the City get caught in a bird. Mr. Deith: I would like to respond to that. If this contract... Mr. Carollo, to respond to this statement. If this contract isn't awazded to All Star Security today, the contract will continue to be in the hands of Andy Frain and I would like to bring the... Mr. Odio back into here to make a statement about that, you know, what he would like to do with the contract at this point. Mr. Odio: It's not what I want to do, it's what the Commission wants to do. Mr. Plummer: Let me ask this question to try to get off the horns of dilemma. Is it possible that the three of them can enter into a joint contract? Is that possible? I'm concerned about it berg in the middle of the season. Mr. Pereira: We have a problem Commissioner, excuse me, you know, Andy Frain is not the second lowest bidder. If you were to do it you would have to go down next to the second lowest bidder, if you were going to have that kind of... Mr. Plummer: Or we throw them all out and start back from scratch. Mr. Pereira: Or you throw them all out and you start all over again and I'm afraid to be very oandid with you, that we might wind up with the same situation we have here. Mr. Plummer: No, because we will rewrite the RFP differently and we will make sure that that doesn't happen again. Carollo, came on give us your wisdom. I'm not burying bodies, we are talking about securities. Mr. Carollo. Mr. Carollo: J.L., I'm sorry. I got to be out here for a copy of minutes. Mr. Dawkins: I don't know anything about security. Mr. Plummer: I don't know bout security. The only thug I want to make sure Mr. Manager, whoever is in charge of the press gate entrance and the elevators is under Walter Golby, not under this Long Star or that Outer Star. I'm tired of getting thrown out. 91 70 October 24, 1985 Mr. Bottfeld: Please Commissioner, if you just wear a credential it would make life so much easier for me. Mr. Plummer: I am tired of every time I go over there the girl say Grrrrr. Mr. Pereira: Well, I want you to know sir, that at last Saturday's game there was an impersonator of the City Manager that got through. Mr. Plummer: With cheap cigars. Mr. Pereira: No, he did not even have a cigar and he was let in too and said he was the City Manager. One, Walter Pierce, for the record. (Macaw OAS OFF THE PUBLIC RBMM) Mr. Plummer: All right, when are you coming in with a security contract for the security? Mr. Odio: It looks like at the advice of the City Attorney we are going to have to throw out the bids and start all over again. So, we will have... we are doing that now. Mr. Plummer: Well, why not do them both that way? Mr. Odio: Because I think we don't have a cause to throw these bids out, on the record. Mr. Bottfeld: No, if you go by that standpoint we do. Mr. Plummer: Is Frain in there on a game to game basis? Mr. Odio: Yes. Mr . Plummer: How many more games? Mr. Bottfeld: Four on the regular season, three tops for play-offs, if play- offs occur . 0 Mr. Plummer: You ever heard if you can't have the whole cake you have a half? Well, I know where I am. Let me tell you where I am. Ok. I'm giving these t people the ushers and ticket takers and the RFP on security we will write at the end of the year. Mr. Bottfeld: Mr. Plummer, in all respect to that, sir. You are taking people who in the bid package did not address the minority issue, but come before you today addressing the minority issue. In the bid package that we s btdtted, we did. We did it up front with letters and with the indicator and with the marked percentages off and if we go into the area of expertise and if we go into the area of experience none of these two gentlemen have the stadium criteria experience. Larld art Stadium with ten thousand people is not the same thing as an Orange Bowl Stadium with seventy-five thousand people. Mr. Plummer: I make a motion at this time that this matter be sent back to the Manager and Commissioner Carollo resolve and come back to this Commission with a recon mendation. Mr. Carollo: What is the motion, J. L. Mr. Plummier: The motion is that we send this matter back to the administration with Commissioner Carollo to come back with a reoomme elation to this Commission. Hey, he bows the security business. I don't. Mr. Deitch: Mr. Plummer, the lower bidder here.... Mr. Plummer: Excuse me, I haven't got a second. Mr. Dawkins: Second. Mr. Plummer: You got a problem with it? You got a second. Hey, you bring it back whenever Commissioner Carollo has the opportunity to sit down... he can serve as the master and I will abide by his reoonnnerndation. 91 71 October 24, 1985 Mr. Deitch: Commissioner Plummer, there is no minority participation in there now. If you award the contract at this point you will have that. Mr. Plummer: Sir, I do not know the security business. Mr.Deitch: It's not security. This is crowd control. We bid on the security too. We are the lower bidder on security too. Mr. Plummer: Ok. Mayor Ferre: So, where are we? Mr. Plummer: I have made a motion and it's been seconded. Mayor Ferre: All right, repeat the motion please. Mr. Plummer: The motion is that this matter be referred back to the Manager with Commissioner Carollo to come back to this Commission with a recommendation. Mayor Ferre: Further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-1092 A MOTION REFERRING PROPOSED ACCEPTANCE OF BID RECEIVED FROM "ALL STAR SECURITY" (CROWD CONTROL AT ORANGE BOWL STADIUM) TO THE CITY MANAGER AND TO VICE MAYOR JOE CAROLLO IN ORDER THAT THEY MAY RESOLVE THIS ISSUE AND COME BACK TO THIS COMMISSION WITH A FORMAL RECOMMENDATION. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None NOTE FOR RECORD: ITEM 29 WAS CONTINUED. 46. APPOINT ARSENIO MILIAN AS MEMBER OF ZONING BOARD. Mayor Ferre: Take up 30. Mr. Plummer: Joe, that's yours. Mr. Carollo: Ok. I nominate Arsenio Milian. Mayor Ferre: Is there a second? Mr. Plummer: Second. Mayor Ferre: Further discussion, call the roll on Item 30. 72 October 24, 1985 The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-1093 A RESOLUTION APPOINTING ONE INDIVIDUAL AS A MEMBER OF THE CITY ZONING BOARD TO SERVE A REGULAR TERM EXPIRING DECEMBER 31, 1987. _ (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 'I and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. NOTE FOR THE RECORD: AGENDA ITEM 31 WAS DEFERRED 47. RESCIND R-83-1054 AND FINDING THAT THE CITY NO LONGER NEEDS TO ACQUIRE LANDS DESCRIBED IN SAID RESOLUTION - S.E. MIAMI AVENUE ROAD (BRICKELL PLAZA). Mr. Plummer: Oh, no, Mr. Mayor, my recommendation on this... I went down and looked at that property and as far as I'm concerned they have a higher offer to the general public and I would move at this time, I assume the proper is that this be denied by the City which gives them the right to go out and sell it for a higher price. Mayor Ferre: Plummer moves. Mr. Dawkins: Second. Mayor Ferre: Further discussion. Mr. Stuart Elliott: Mr. Mayor, Stuart Elliott representing the owner of the property. We have no objection to your rescinding the original resolution which was to take this property, but we would like it in that specific form so that the original resolution taking this property is rescinded and that we are free to sell the property to a third party. Mr. Plummer: As far as I'm concerned let me put on the record, that if this property is to be assumed by anyone, it is not the City but Metropolitan Dade County who's problem it is created by the Metromover and as far as I'm concerned that's seven hundred sixty-two thousand dollars that this City can much better use else where. Madam City Attorney do we rescind the original resolution? Ms. Dougherty: That's right Mr. Commissioner. Mr. Plummer: All right, give me the wording. Ms. Dougherty: It be a motion to rescind Resolution No. 83-1054 in its entirety. Mr. Plummer: I so move Mr. Mayor and in doing so I apologize to the owner of that property for holding you up so long. Mr. Elliott: Thank you very much. We appreciate your apology. Mayor Ferre: All right, call the roll. The following resolution was introduced by Commissioner Plummer, who _ moved its adoption: Ij RESOLUTION NO. 85-1094 ENTIRETYn FINDIM AND ■ UMMU THAT THE PUBLIC NEED • n NECESSM FOR AOWJ=4G THE FEE SIMPLETO CERTAIN PROPERTIES DESCRIBED IN RESM=0N NO. 83-1054 NO LCWUM EXIST DUE TO CHAMED CONDITIONS; FURTHER, FnMnG THAT THE CIW NO IONGER NEEDS SAM LAND FOR a • PURPOSES■ • ■ EXTENSICN OF SOUTHEAST MLqa SOUTHEASTROAD (M=L PLAZA) FROM SOUTHEAST 8TH M= TO (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vioe-Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins 48. GRANT APPLICATION FOR MAJOR USE SPECIAL PERMIT - 1111 BRIO ELL AVENUE. Mayor Ferre: 13, 1111 Brickell Project, approval with modifications by the department, approval as amended eight to zero unanimous. Take up Item 13. Is there anybody here as an objector to Item 13? All right, let's hear from the department. Mr. Plummer: This is for the... for what Mr. Traurig? For the development order. Mr. John Leffley: This is for the request for the major use special permit and the final development order for 1111 Brickell. Rather than go into the details, the physical details of the project I would simply like to point out scan of the benefits for the City. The project will cost an estimated eighty- two million with about eighty-four per cent of that or sixty-nine million being spent in the region. Construction wages should amount to twenty-six million, all of which would be spent in the region. Construction jobs... Mr. Plummer: Well, wait a minute, sir. Who do you represent? Mr. John Leffley: The Planning Department. John Leffley, representing the Planning Department. gl 74 October 24, 1985 Pal Mr. Plummer: I have never hear a presentation by the Planning Department talking about jobs and thugs of that nature. Is this a new policy'? Mr. Rodriguez: No, sir. That's part of the development order. We have to show the impact on the economy of the City. So, we have to talk about the jobs and the taxes that would create... bring to the City and so on. If it has a negative impact, then we have to recommend against it. Mr. Plummer: Thank you, sir. Sorry. Have you established what you need to in the record, sir. Mr. Leffley: Yes, we have. Mr. Plummer: Mr. Traurig. Mr. Robert H. Traurig: My name is Robert H. Traurig, 1401 Brickell Avenue. In view of the fact that the record is very clear with the staff recommendations, we are prepared to make a presentation, but if the exegesis of the situation require that you expedite this we will just support the staff recommendation which is for approval. Mr. Plummer: Mr. Traurig, is this the item which you are talking about was worth two hundred million dollars? Mr. Traurig: Yes, sir. One per cent of two hundred million Mr. Plummer would be two million dollars. Mr. Plummer: Well, the Marine Stadium doesn't need that much. Mr. Traurig: We are prepared to make an appropriate gift and would like to Proffer an appropriate gift to the Marine Stadium for landscape improvements. Mr. Plummer: And what is that proffer Mr. Traurig? Mr. Traurig: Peter, do you think an appropriate contribution to the Marine Stadium would be twenty-five thousand dollars. We would make a contribution to landscaping or other improvements at the Marine Stadium voluntarily of twenty-five thousand dollars. Mr. Plummer: Mr. Odic, they said something about naking a contribution to the Marine Stadium landscaping for twenty-five thousand dollars. Mr. Plummer: Yes, sir. For the record, I assume I'm supposed to write this in. Is that correct? That as for police the fair share agreement on impact fees, fire the same, Briokelt People Mover they are willing to donate a burr1red sixty-seven thousand five hundred a year or special taxing district rates. Affordable housing, they will contribute six hundred forty-one thousand five hundred four dollars on or a letter of credit, roads and intersections, construction or seventy thousand in funds or a letter of credit. The transportation supplements improvements, twelve thousand or a letter of credit. In addition, fair share ... Mr. Traurig, is that what I understand sir, you want made a part of the record. Mr. Traurig: Yes, we conour In all of those things and we would like that to be part of the record as our obligations. Mr. Plummer: And that is plus your twenty-five thousand for landscaping the Marine Stadium. Mr. Mayor, I think that this thing has been through all the departments. It's moved for approval and if there is no further discussion. I move Item 13. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: Is there further discussion? All right, call the roll please. 75 October 24, 1985 The following resolution was introduced. by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-1095 DI t• • r / al • • 1�1 • •+■ al• • I• • • ••1 //91• / 1 • �1••'1 1• • S••: 1 171 1• •1 • 1 �• • • ■/ - s •1 I ■ •• ■ I■ 1 • ■ r • al :I• a+ n i • a+•• •a n • s••. 1191 n •t • 1 • 1 191• ar■ �• •1 1/ / 91 • • lal • •+• 51' • ] �1/ 71 i■ 1 / �1 • ' �I' (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 Mi11er J. Dawkins Commissioner J. L. Plummer, Jr. Vioe-Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mayor Ferre: Mr. Traurig, is that project going to be done in phases? Mr. Traurig: Yes, sir. It's going to be done in two phases. Mayor Ferre: So, there will be one building first and then a second building. Is that Michael Graves who designed that. Who is the architect on it? Mr. Traurig: I would like to introduce Mr. Ming Wu the architect from New York. Mr. Wu, would you take the microphone to respond to the Mayor's question? Mayor Ferre: No, I just didn't know who the architect was. It looks like a Michael Graves building. I don't mean to offend you. Mr. Ming Wu: My name is Ming Wu, I'm the architect for this project. Mayor Ferre: Thank you. Is there anything else to come up before this Commission. .. ■■ /•t tit• �1:1'J • •� •:. Mayor Ferre: I have got a very good announoement to make and very happy. Ladies and gentlemen, I'm happy to anniounoe that Phil Donahue has aooepted and we will have him here for five shows, one week and there will be millions and Milli ons of Amerioans that will see the beauty of Miami and like Miss Universe in the past and like the many other pageants and things that have put Miami on the television map of the world, the Phil Donahue Show was a major 91 76 October 24, 1985 r a000mplishment . I'm very proud of Cesar Odio and Commissioner J . L . Plummer for the wonderful job they did in negotiating this. February the... Mr. Plummer: Cesar, February what? Mr. Carollo: The loth. Mayor Ferre: The dates will be anna nnced, but it will be sometime in mid February 1986 and it will be around the Grand Prix, so Miami is really coming of age. We are doing well. Thank you. 50. PERSCNAL APPEARANCE OF NICK SAKENOVSKY REGARDING VICTUR DE YURRE'S RESIDENCY; OO WSSION FINDING OF NO VALIDITY TO Al-1 LATICNS. Mayor Ferre: All right, are we ready? Everybody take your seats now. All right, Mr. Mr. Dawkins: Mr. Mayor, since this includes me, I would rather leave the chamber while this discussion is going on. NOTE FOR REWRD : 0241ISSIONER LIAWKINS ITT MEETING AT 3 : 45 P.M. Mayor Ferre: All right, you have the floor, sir. Mr. Nick Sakhnovsky.: Thank you. Two days ago I was speaking with a reporter and that person told me something that I was not aware of and I had not really taken the effort to check the records as terms of establishing residency for each of the Commission candidates. So, I went down to the official records and I located the property appraiser's report for 420 Santo and it, indeed, is owned by the wife of Vick de Yurre and from his representations and his behavior he seems to be happily married and I don't doubt that, but if that's _ so and he is living with his wife and his wife has homestead exemption on a property at 420 Santo Avenue, the requirements of homestead exemption are that you live at the house that you applied for homestead exemption at. Now, at the same time Mr. De Yurre has over the years consistently maintained for voter registration purposes of City of Miami address. So, I visit that address and I spoke with people in the apartment building and their position... or at least what's told me in Spanish was that Victor de Ytrre's father lived at that apartment and that's not the same thing. Now, they have Mayor Ferre: Now, this is the third time you have made this statement so let's get on with the issue now. Mr. Sakhnovsky.: Ck. So, what I'm... Ck. So, the bottom line is that I wanted to get clarification from the City Commission as to whether or not Victor de Yurre is a resident of the City of Miami. Mayor Ferre: All right, sir. Now, Madam City Clerk, this citizen requested that you Clarify this and that this brought before the Commission. Have you had an opportunity to look into this matter? Ms. Hirai: Yes, sir. He placed all of these allegations in an affidavit form which I immediately referred to the City Attorney for their oounsel and advice. I have placed before each Commissioner the City Attorney response on residency of the casdiciate . My function as Clerk is purely ministerial and I am unable to make a decision of this nature. So. I would refer it to the City Commission for their findings. Mayor Ferre: The conclusion is what? Ms. Hirai: I referred it to the City Commission, Mr. Mayor, since my function is purely ministerial. Mayor Ferre: Ch, you referred it to the City Commission. All right, the City Commission then under the Charter is charged with making a decision. Is that correct. 91 77 October 24, 1985 Ms. Dougherty: You are empowered to do so. You are empowered to take testimony and determine the residency. Mayor Ferre: All right, Mr. De Yurre, I thank you for being here and I see that Mrs. De Yurre is here and I welcome her also on behalf of the Commission. Obviously, this is a matter which requires at least discussion by the ConmdMion and you have heard your opponent make a statement and so I must ask you, are you a bona fide resident of the City of Miami. Mr. Victor De Yarre: Yes, I an Mr. Mayor. My address is 519 Northwest 13th Avenue, Apt. 1. Mayor Ferre: Are you registered to vote there? Mr. De Yurre: Yes, I am Mr. Mayor. Mayor Ferre: And that is your domicile, your residency? Mr. De Yurre: Yes, it is sir. Mayor Ferre: Anybody else have any questions? Mr . Plummer: Mr. De Yurre, there is a document in front of us sir, which I ' m sure you are going to be asked to sign and swear under oath . That document basically, says that you are signing that I presently reside at the following address of which you will insert which is my legal address and I have resided continually at this said address from day of to the day of. You are willing to sign such a document, sir. Mr. De Yurre: Yes, it is and when I qualified that is my qualifying statement and that was also under oath. So, that was. Mayor Ferre: That was under oath? Ms. Hirai: Yes. Mr. De Yurre: That was. So, it's already there for you. Mr. Carollo: I think it's a matter for the courts to decide if anybody wants to, you know, bring it to that level, but I don't see anything that is here before us today for this Commission to decide. Mayor Ferre: Let me tell Nick here. Otis Shiver, who got upset because he wasn't allowed to register after 6 o'clock and tore down the door and all that kind of stuff and was arrested and I didn't recuse myself. I voted for the allowanoe of Otis Shiver on the, you know,... If somebody else wants to deal with that kind of an issue that's fine. As fax as I'm conoerned, if he is sworn under oath that he is a bona, fide resident, if you have proof otherwise, then I think you need to take that to a court of law and you need to, you know, deal with it in a court of law. I mean, if it becomes germane. Frankly, you know, after November the 5th or November 12th it may not mean anything. I mean, if you and he don't make it, that doesn't mean anything. Mr. Sakhnovsky: That's correct. Ck. I dial speak with David Leahy, the Supervisor of Elections and he explained that the reason he is putting Mr. Shiver's name on the ballot was that he went to court. Ck, as Mr. Carollo suggested that I might do, but before I go to court having some knowledge of the laws of Florida, I wanted to exhaust all administrative remedies first and that meant coming before this body. So, all I really need Is a position of the body, that is whether or not they are willing to charge anything and I assume that you are not willing i ng to change anything and that's fine. I just want to make it for the record. Mayor Ferre: That's not the point. Mr. Plucmtier : Well, let me clarify it for you and I'm ready to make a motion. Mr. Mayor, I make a motion at this time that this time Commission has held a hearing in referenoe to the matters of allegations by this gentleman, that we find no finding in fact that there is any validity to the allegations made. I so move. 91 78 Ootober 24, 1985 Mr. Carollo: Second. Mayor Ferre: All right, now under discussion. Mr. De Yurre, let me so that the oourts don't find that we just summarily went over this. We are basically going on the premise that you under oath made this statement and swore under oath that it was a true statement, that you physically are a resident within the City of Miami and comply with the law. Now, the fact that your wife has or doesn't have a property in Coral Gables and that the homestead exemption or whatever it is and all that stuff, that's something that is a legal matter that the court have to deal with. As far as we are concerned as I sense the feeling in this Commission, our basis is that you have under oath made this statement... Mr. Plummer: No, sir. There has been no findings of fact to the contrary. Now, this gentleman has made the allegations. He has brought no proof to this Commission that I have seen that in fact makes this document proffered by Mr. De Yurre incorrect. I am not taking it on just Mr. De Yurre, he signed that originally that when he qualified for office... Mayor Ferre: Well, that's the point I'm trying to make. Mr. Plummer: ... that he was bona fide and that is not the fact that I'm aooepting this on. I am accepting it on that there has been no allegations brought before this Commission to prove to the contrary. Mr. Carollo: What is to prevent Mr. De Yurre, if he wanted to live three, four, five days in the City of Miami.. Live two, three, four, you know, in another part of this County that's not the City of Miami, just like this gentleman might spend one or two days in Miami and four or five days up in Alachua County in Gainesville. I mean, it's really the same thing. Mr. Sakhnovsky.: Beg to differ because... Mr. Carollo: By the way that's a heck of a nice County. That's a good man there you got for Sheriff, Lou Headrick. Mr. Sakhnovsky: Yes, I have met him he is a pretty good guy and I know you have a house up in Hawthrone too. So, there is nothing wrong with that. Mr. Carollo: No, I don't have a house up there. Mr. Sakhnovsky: Well, you go up there frequently. Mr. Carollo: I certainly do. I do a lot of hunting down there. Mr. Sakh ovsky : And I'm not alleging that there is any wrong with that. What I'm saying is if I was married and my wife had a homestead exemption on a house and lived with my wife, then it's quite obvious, that I would live in the same the mouse that she claimed the homestead exemption on. Mayor Ferre: Well, that's something for you and a court to get into. Mr. Carollo: Well, you know, we are not getting involved here in the... Mr. Sakhnovsky: Ck. May I finish. Mr. Carollo: ...you know, personal lives of individuals to that extent. Now, the point is that up to this point and time we have not seen any evidence to the contrary. I mean, solid evidence. What you gave us was a lot of hear say and again, what I'm saying is that these is nothing in the law that states that he cannot spend several days out of the week living in Miami several days out of the week living in Coral Gables or anything else. You are doing the same thing and no one is challenging you. You live in Miami a couple of days, then you go up to Gainesville. the rest of the time. Mr. Sakhnovsky: The question is where is one's bona fide residence. I agree with you and I'm... let me just... 91 79 October 24, 1985 4 Mayor Ferre: But you know, that's such a complicated... I see, you are a law student and I'm not a lawyer, but let me tell you I have been many many times through this question of domicile, residency... Mr. Sakhnovsky: I know you have. Mayor Ferre: ... and I'm not talking just about my residence that I had in Key Biscayne and all of that. I'm talking about, you know, my father and complicated tax issues and I want to tell you, I sat through a federal court for a full week, about eight or nine years ago on a very complex legal issue with my dad and I want to tell you those lawyers, the definition of domicile and residency and where do, you know, where do you wake up in the morning and where do you get your mail and it is a very complex.. There are a lot of people that have more than one residence. That doesn't neoessarily determine your domicile or intention. What are your intentions. That was... there were three days in that lawsuit that were... that where do you think you live? What are your intentions? Mr. Sakhnovsky: You have given a very good analysis of the legality of the matter and, indeed, I may well go to court over this, but I was explaining to the Commission that before I do so, the general procedure is I must exhaust administrative remedies. So, I just need to get a position officially by the Commission that I can take to the court. Mayor Ferre: Ck. Thank you very much. We now have a motion and a second. Does anybody else wish to say anything else? Mr. De Yurre, is there anything else you want to add to this? Mr. De Yurre: No, everything is going as expected. Mayor Ferre: All right, sir, anything you want to add? All right, then let's oall the roll. Mr. Carollo: Can I call time out? Mayor Ferre: Yes. Mr. Carollo: If I may... I guess I'm out of order, but what the heck. If I may ask my colleagues if we can change that motion to say the following thing, that based... the same thing you said, but that we will again look at any further evident that might be given to this Commdssion at the following meeting that we have on the 13th. Mr. Plummer: I accept the amendment. Mr. Sakhnovsky: Can the motion be read for my benefit please? Mayor Ferre: Yes, what he is saying is that the motion stands as is, but there is a clause added to it that this Commission will review any further evidence that will be presented, if there is further evidence on the 13th day of November. t Mr. Carollo: Which is our next Commission meeting. So, you have until then to gather additional evidence and bring it to us. Mr. Sakhnovsky: That sound reasonable to me. Mr. Carollo: Sir. Mr. Sakhnovsky: I said that sounds very reasonable to me. Mayor Ferre: Clk. Is that aooeptable to the maker and the seconder of the motion. Mr. Plummer: Yes, sir that's fine. Mayor Ferre: All right, now, so that it's perfectly legal on this motion as amended start the roll call again. gl 80 October 24, 1985 y Eti- The following motion was introduced by Commissioner Plummer, who moved its adoption: MOT ON NO. 85-1096 A MOTION OF THE CITY OF MIAMI 03 MISSICtN STATING THAT THEY HAVE HEARD THE ALLEGATIONS MADE BY MR. NIC HMAS SAKHNOVSKY (CAMIDATE IN GF UIJP V) RE ARD= LEGAL, RESIDENCY OF VICTOR DE YURRE (CANDIDATE IN GFOUP V ) AMID FIND NO VALIDITY IN SAID ALLEGATIONS AT THIS TIME; FURTi�t STATING THAT THEY W1IZ AGAIN LOCK AT ANY EVIDENCE THAT MAY BE PRESENTID TO THIS OCHMISSION AT THEIR MEETING ON NOVEMBER 13, 1985. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Conmissioner J. L. Plummer, Jr. Vioe-Mayor Joe Caxollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins 51. REFER TO CITY MANAGER REQUEST FOR CITY SUPPORT IN STAGING DR. MARTIN ILL= = JR. BIR'IHMY COMMEMORATIVE; DIRECT CITY MANAGER TO MAKE CITY- SPC NSORID EVENT & REPORT BACK TOO CITY 00bMSSION. Mayor Ferre: Yes, sir. You have a 4 o'clock. All right, Dr. Marshall quickly. Dr. Marshall, what is your item number? Item 33 Dr. Martin Luther King, Jr. Commemorate Committee. Go ahead. Mr. Preston Marshall: Ok. I'm representing the local area. The Governor's Commission Boated and the President's Commission Board on the commemorative for Dr. Maxti n Luther King. We already have an item that the Manager is now stating for us to have some facilities and an office and Mr. Frank Castaneda is working with us on that at the present. The other item that we are now seeking the funds which we have submitted of thirty thousand dollars and a total package we have here that we have already submitted to the special funding request and etc. This is from the letter that has been submitted to the Mayor and all the Commissioners and we have given them the appropriate budget for that as well. NOTE FOR RE00RD:Commissioner Dawking entered meeting at 3:59 P.M. Mr. Plummer: Has it been before the Manager? Mr. Manager. Mr. Pereira: They have presented a request and Frank Castaneda has met with than and I believe that they have added to the additional request that was presented to us. Is that correct, Frank? Mr. Frank Castaneda: Basically, what they axe requesting is... Mr. Pereira: We know what they are requesting, tell us... Mr. Castaneda: Office space thirty thousand dollars cash for administration and then three thousand dollars in -kind service for the celebration itself. Mr. Plummer: No, we can't do that. '. Mr. Pereira: That's right. gl 81 October 24, 1985 Mr. Plummer: That we can't do. There is no way you can recommend the thirty thousand or the three thousand based on the City Commission policy. We understand that. Now, as fax as office space is concerned, are you ready to make a recommendation on that? Mr. Castaneda: With office space we have met with the Martin Luther King Association with Sam Mason. Basically, what he is saying is that he will be willing to give them free office space if they would work through their umbrella on this item. Dr. Marshall and his board has denied that request. Basioa,lly, then they would have to lease space there and they are willing to lease space at six dollars a square foot, for eight hundred square feet that would be... Mr. Plummer: That was not the request. The request of them was that was the City able to provide them any office space in a City owned facility. That's an easy question. Yes or no? Mr. Castaneda: No, in that area. Mr. Plummer: That answers it. Mr. Marshall: We didn't ask specifically for that particulw area and I have discussed it with Mr. Frank... Mr. Plummer: I didn't think that it was particulw area. Was there office... as I remember what, eight hundred feet? Mr. Marshall: Yes. Mr. Plummer: Is there office space available of approximtely eight hundred square feet for them? Now, as far as the monies are concerned that's out. You can't recommend that. You want to look at it further to see if there is office space available. Mr. Marshall.: They have already looked at it and we are running out of time. Mr. Plummer: No, they looked in a particular area, obviously. Mr. Marshall.: But I didn't request that. When I talked to Mr. Frank Castaneda, I told him that we would take the office space. It would be nice olosely there, but if not we have to use any office space that the City that was reocnmended pretty nice for it. Mr. Pereira: We will look at it. Mr. Plummer: What? Mr. Pereira: Bring it bank I think we will be able to resolve that. Mr. Plummer: Mr. Mayor, at this time I revert this matter back to the administration look for office space any where in the City of Miami, not a given location and report back to this Commission on the 26th. Mayor Ferre: All right, there is a motion is there a second? Mr. Perez: Also, I would to include to give consideration to the request that they make about the thirty thousand dollars... Mr. Plummer: Can't do it. Mr. Perez: No, why not. Mr. Plummer: You oan't do it under the present policy. Mr. Perez: Before the City is a cosponsor of the event. Mr. Plummer: No, the City has to be the total sponsor of the event, we can. In other words, they will not be able to make the decisions. We will make the decisions as to what happens, then of course, yes, if it's a City sponsor event the answer is yes. 91 82 October 24, 1985 i Mr. Perez: Would you aooept that the City be an sponsor of the event? Mr. Marshall: Well, if we have to get money through the City by being a sponsor, we have no problems with that. Mr. Plummer: Well, you understand then a City Manager is going to be assigned and he will make all the decisions as what's happening and what's not. Mr. Dawkins: Now, listen to what he is saying and if any other monies comes In, they come into the City and the City disperse them. They don't come to you, because we are the sponsor. Mr. Marshall: We may have some problems with that. Mr. Plummer: Well, you see that's... Mr. Marshall: Because I'm on the Governor's Board. We are going to receive something from there. I'm on the National Board, we receive something from that. However, I noticed that even in Tad ssee for all the cities that were represented that as big as County and Miami.... Mayor Ferre: Hey, Preston stop atjving will you please. You are walking away here with a lot more than I thought you were going to walk away with. So,... Mr. Plummer: He is about to walk away empty handed. Mr. Marshal]: No, I don't want to walk away empty handed now. Well, you better quit talking. Mayor Ferre: All right, what's the motion? Mr. Plummer: The motion is we revert it back to the City Manager for, one, to find space anywhere in the City not a specified area and that the City Manager enter into discussion with them to make this a City sponsored event. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion, ca11 the roll. The following motion was introduced by Coamd.ssioner Plummer, who moved its adoption: MCTICN NO. 85-1097 • •I �- • r • :I• • an' • DID •,•, r • •� . y ■r V • .� r gal• �r : r•� n to, I 04 .• • it .�:I• u � r r • • a r •� 1�1• r ■• a ■ :I• • :I :I- r • ac•two V•i ■ h•,r • r al ••; �•-:Ir :I a •:I•••4 •+ • ••: i ■ •i -HPOR • c:l- .. �� r Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo 91 83 Cotober 24, 1985 W, A 52. RESCIND R-85-1041 - BM OF ALL STAR SECURITY FOR CROWD OWN RC)L SERVICES AT ORANGE BOWL. Mr. Dawkins: We got two resolutions Mr. Mayor. Mayor Ferre: We got three. A resolution rescinding in its entirety... hey, Plummer this is your baby and you and Carollo on this Orange Bowl All Star Security. A resolution rescinding its entirety Resolution No. 85-1041 adopted October 10, 1985 which had approved aoceptanee of a bid from AU Star Security for furnishing crowd control services at the Orange Bowl Stadium, further instructing the City Manager to review this matter and making recommendations to the City Coa�ion on November 26th. Be it resolved by the Commission that in Section 1, Resolution No. 85-1041 adopted October 10th which approved in it ALI Star Security for furnishing crowd control services at the Orange Bowl Stadium hereby rescinded in its entirety. Section 2, the City Manager is hereby instructed to review this matter and make recommendations to the City Commission November 26, 1985. Is there a motion? Mr. Plummer: Included in that motion Mr. Mayor, is that Commissioner Carollo be involved in those negotiations. Mayor Ferre: And that Commissioner Carollo be involved in those negotiations. Mr. Plummer: I so move. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion, seconded by Perez, ea1.1 the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: IZORN)"I WWI r •� r � �• • ■ x- it (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummier, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo 91 84 October 24, 1985 l 53. AMEND R-85-1023 BY REDUCING THE AMUM TO $25,000 AMID AUTHORIZING THE CITY MANAGER 70 EXECUTE AN AGRM= WITH 000ONUT GROVE CARES, INC. MR VIRRICK GYM i'O[J'I1I BOXING PROGRAM. Mr. Dawkins: Mr. Mayor, I have three here. Mayor Ferre: Go ahead. Mr. Dawkins: Number one, is a resolution amending resolution no. 85-1023 adopted October 10, 1985 which allocated an amount not to exceed seventy-five thousand dollars on special program and a000unt contingent fund to Coconut Grove Case, Inc. in support of the Virrick Gym Youth Boxing Program; Authorizing the City Manager to execute an agreement in a form aooeptable to the City Attorney with Coconut, Inc.; by amending Section 1, reducing the allocation an amount not to exceed twenty-five thousand dollars. Mayor Ferre: Dawkins moves. Mr. Plummer: Ok. I second. Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Corm A ssioner Dawkins, who moved its adoption: i; �� . •M ��� �.• Via• $75,000 FROM SPBCIAL PROM:LAM AND A00OUNTS,C01MMENT n TO COCONUT GROVE CARES, INC.IN • • • •T OF VIRRICK GYM YOM BOXING PROGRAM; AUTHORIZING THE C=f MANAGER To EXECUTE AN AGREENM, IN A FORM ACCEPTABLE TO THE CITY ATTORM, WITH 000ONUT GROVE CARES, INC.; BY 121 10 ■ gg M•1 - �1■' ■ • •� • (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: Con�ioner Miller J. Dawkins C muissioner J. L. Plummer, Jr. Com ,tissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre j NOES: None. ABSENT: Vice -Mayor Joe Carollo gl 85 October 24, 1985 �F , • �_ Div,-n . �-.-�.•- • ••• • • ■•• • •• ■■ ■ 5 151'n1••• • :21 •i Mr. Dawkins: A resolution a locating an amount not to exceed $50.000 from special programs and accounts, contingent fund: $25,000 to ASPIRA of Florida, Inc. and $25,000 to BeWonte Taoolcy Center, Inc.,; said allocation being conditioned upon substantial compliance with city of ;Miami. administrative policy no. APM-1-84, dated January 24, 1984. Mr. Plummer: Mr. Mayor, I second the motion with the proviso that they must provide the same types of youth programs that would have been provided in the line item budget. Mayor Ferre: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOf=C(N NO. 85-1100 RESG=CN ALIZCATING:WNT NOT • E= $50, ••• $25,000 TO ASPIRA OF • • uINC.n $25,000 • PMAMM TACCLCYCENTER. INC.;SAID ALIWATICN : E■ ••1 �� •1 �1� ••1 SUBSTAN= COMPLIANCE OF MIAMI :• (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L . Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurioe A. Ferre NOES: None. ABSENT: Vioe-Mayor Joe Carollo 55. ALLOCATE $40,000 TO FLORIDA A & M UNIVERSITY NATICiNAL ALUMNI ASSOC., INC., FOR 1985 ORANGE BLOSSOM CLASSIC AND DESIGNATIM SAID EVENT AS A CITY-SPC NSORED EVENT. Mr. Dawkins: Mr. Mayor, I have another resolution. A resolution ratifying, approving and confirming an allocation of monies in an amount —This is added wording J. L.—not to exceed $40,000 from special programs and a00ounts, Contingent fund, to the Florida AUX University National Alumni Association, Inc., in Connection with the 1985 Orange Blossom Classic, said allocation being conditioned upon substantial compliance with City of Miami administrative Policy --and adding-- and as upon said event being designated as a City sponsored event as one addition and the second addition being that 1984 again, saying upon said event being designated as a City sponsored event. Mr. Plummer: Second. Mayor Ferre: Now, that again, means like in the other ones that the City is making the decisions. 86 October 24, 1985 Mr. Plummer: This was in the past. It's already over. It's over. Mayor Ferre: Call the roll. We made the decisions. The following resolution was introduced. by Commissioner Dawkins, who moved its adoption: RESGUITION NO. 85-1101 .• •t .. r ...,• r u ••1 ■•, n • •1 a :•1 r .r • • ar• � �+�+r . • • • • • 1 • • rr • � �• •1 1 `• •t r ■ ••i i y •t 1 •: •'' :1 • `•: N rr • •1 :171r ••I 1• •1 :tr • •179 ••;r •vr • r• r •rn (Here follows body of resolution, omitted here and on file in the Offioe of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L . Plummer, Jr. C.ammi.ssioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ASSENT: vioe-Mayor Joe Carollo 56. AUTHORIZE PURL ME OF 95 PIECES OF LAWN MAINTENANCE BTIPMENT AT A COST OF $97,840 FOR THE DEPARTMENT OF PARKS AND RECREATION. Mr. Dawkins: Mr. Mayor, I have the last one here. This is a pocket item. The Parks and Recreation, they need to purchase some additional equipment and they want to go out, because they need it... the added additional people and they need ninety-seven thousand dollars worth of equipment, which is seventeen riding mowers, twenty-three push mowers, twenty-three weed trimmers and thirty-one lawn edgers and it cmmes to ninety-seven thousand eight hundred forty dollars. I would like to move. Mr. Manager, are you recommending this sir? Mr. Pereira: Yes, sir. Mayor Ferre: Mr. Manager, does that have reoom<nexr3ation? Mr. Pereira: Yes, that has my recommendation sir. That was given to you early this morning. Commissioner, Dawkins has been kind enough to sponsor it. Mayor Ferre: Ck. Anything else? Call the roll. gl 87 Ootober 24, 1985 i The following resolution was introduoed by Commissioner Dawkins, who moved its adoption: A RESOLUTION AUTHORIZING THE IMMEDIATE PURCHASE OF APPR=%TELY 95 PIECES OF LAWN MAINTENANCE B�UIPMENT FROM FIVE (5) SUPPLIERS UNDER A CURRENTLY EFFECrIVE STATE OF FIORIDA OCNTRACr AS HEREIN LISTED FOR THE DEPARTMENT OF PARKS AND PZ2MTICN AT A TOTAL ODST OF $97,840. 00; ALWCATnG FUNDS THEREFOR FROM THE 1985-86 SPECIAL PROGRAMS AND ACCOUNTS - PARKS IMPROVEMENT FUND; AUTHORIZING THE CITY HANGER TO INS= THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE MOME ORDERS FOR THIS BQMpbm. (Here follows body of resolution, omitted here and on file in the Offioe of the City Clerk.) Upon being seoonded by Commissioner Plummer, the resolution was passed and adopted by the following vote- gi 88 October 24, 1985 zL AYES: Commissioner Mi11er J. Dawkins Commissioner J. L. Plummer, Jr. - Com dmioner Demetrio J. Perez, Jr. Mayor Maurioe A. Ferre NOES: None. ABSENT: Vice Mayor Joe Car0110 57. REINSTATE A $100 , 000 ALS)CATION FOR ndPRDVnIG ME MIAMI MARINE STADIUM WHICH WILL BE THE SITE OF FIVE NATICNALLY TE=SED PHM DUKAHUE SHOWS IN 1- RUARY, 1986. Mr. Plummer: Mr. Mayor, may I bring up another item at this time? Mr Manager, two years ago we had in the budget some monies to do improvements to the Marine Stadium... Mr. City Manager, sir, I think it is most important two years ago we allocated some eighty to a hundred thousand dollars worth of improvements to the Marine Stadium. I think now where it is the possibility that the show is going to originate over there I want to tell you that in some ways that I an embarrassed at the Marine Stadium. That's where the Donahue Show is going to originate. A11 right, Mr. Manager, I would like to pass a motion whatever you wish to coach us as allowing you to go over there and fix up the bathrooms. Those dressing rooms are horrible. Now,... Mayor Ferre: Just don't use the construction company that's done my... remodel my office. Mr. Plummer: I would 11k to reinstate at this time Mr. Manager and amount not to exceed a hundred thousand dollars which was in the budget before for the purposes of bringing up the Maxine Stadium to par. Mr. Mayor,... Mayor Ferre: No, no, this is Donahue, not Parr. Mr. Plummer: Not Jack Parr, no he is gone. I would like to offer in the form _ of a motion that the Manger be authorized to make the improvements neoessary not to exceed a hundred thousand dollars in the Marine Stadium which is a former budgeted item. I offer that in the form of a motion. Mayor Ferre: All right, is there a second? Mr. Perez: Second. Mayor Ferre: All right, Perez seconds, further discussion. This is to bring us up to par for Donahue. Mr. Plu men: No, sir, but bring it up to par. Mayor Ferre: Ok. Call the roll. The following motion was introduced by Commissioner Plummier, who - moved its adoption: MOTICK NO. 85-1103 MOTICN AUTH0RIZnGAND DIRE=G THE AUMSTRATICN TO REINSTATE A $100,000-00 ALWCATICN FOR PURPOSES OF WROynG AND BRnGnIG UP TO PAR THE MIAMI MARINE STADIUM■ a S•+HE■ M■ TO BE E STAGDG SITE FOR THE FIVE •i E■ MIAMI-ORIGMTED PHIL DONAHUE SHDWS INMFOAR. 1986. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commdssioner Miller J. Dawkins gl 89 October 24, 1985 xr : '+•r _ U q:4 X p �� Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vioe-Mayor Joe Caroll.o 58. PEM TO CITY MANAGER THE DIRTY OMMITIC(N OF SIREE'TS & LOTS FOR REVIEW. Mayor Ferre: Mr. Mager, we are going to be meeting at 6:00 o'clock, but let me take this opportunity for Miller and Demetrio and myself who are running for reelection to bring out to you the most prevalent matter that sticks, you know, they are atta king me and Miller and Demetrio about crime and it doesn't stick, you know they say... nobody can say it's Dawkins's fault that crime has gone up. That doesn't stink, but let me tell you what does hurt. The City is dirty. The City is dirty. Streets. Lots that are full of abandon cars, mattresses sitting on abandon properties for four, five, eight months at a time. We really,... I think... where is the... we hired a dozen more people to go out and cite people. Is that functioning? Are we citing them? Are people being sited for mattresses and things being thrown... I mean, all these violations. I would like to know Mr. Manager, and I want it for the next Commissioner meeting of the 26th or the whatever. I want to know since we created this team of people to go out there and cite all these violators. How matey people have we actually cited? How many tickets have we given? How many liens have we put on properties for people who wouldn't clear up their lots? I would like to see what the record shows. Mr. Pereira: Mr. Mayor, let me say that two months ago I— over two months ago, I got a group of ocmposed of Clarence Patterson, our Building Department so on and so forth and I personally toured most of the City and picked out the places, you know, and saw the same kiwi of thug that you are talking about and we went out with a special effort at that point to clean up and we went back several weeks later and in many cases we saw repeated offenses in the same area and it shows to us that, you know, there has to be an all out campaign, you know, to let our citizens know... and also we are now... it's under consideration of may be having some mini dumps which will be brought, obviously, in front of you, you know, for consideration, but it's more than just enforcement. It entails and educational campaign, unfortunately, you know, for our citizens and we will get that information for you, sir. Mayor Ferre: Well, we are going to have to get on with it . Ok . We will reconvene at 6 o'clock. Mr. Dawkins: The only thing I would like to add Mr. Mayor, is I have constantly complained about 12th Avenue and 40th Street where the expressway cover rail. I took him out there. It belongs to the County and the County will not clear it and every night at 11 o'clock I get call .s and tell me they have not cleaned the spot yet. Mayor Ferre: Well, we ought to clean it and semd them a bill. Mr. Pereira: That's what I told Patterson to do, clean it and we send them a hill. Mr. Dawkins: It's still not clean. WHEREUPON the City Commission recessed. at 4 :18 and reconvened at 6 :13 , with the following members of the Commission found to be present: P WENT:Commissioner J. L. Plummer, Jr.7 Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo 90 October 24, 1985 3 59. AMEND 9500 SY CHANGING SECIbR NUMBER OF PROPERTY LOCATED AT 655 N.W. 57TH AVENUE (FABULOUS DIAMOND'S) FROM RG-2/4 TO RG-2/7. Mayor Ferre: All right, we have how many things left on this agenda? Mr. Plummer: Three. Mayor Ferre: What are they? Mr. Plummer: Fabulous Diamonds which will take ten seconds. Mayor Ferre: All right, take up Item #1. Yes, sir, Mr. Plun w. Mr. Plummer: Not me the department. They wanted a check. Mayor Ferre: Yes, sir. Mr. Sergio Rodriguez: Item # 1, the Planning Department recommended denial, but it's a second reading in which we recommend approval. The applicant has submitted a check for five thousand dollars instead of the covenant and after reviewing this with the Law Department we are in agreement with it. Mr. PlumTer: I move Item 1. Mr. Perez: Second. Mr. Plummer: Wait a minute. Did I vote against that? No. Ok. Read the oboe. Mayor Ferre: A11 right, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE 2CN'ING ATLAS OF ORDINANCE NO. 9500. THE XVING ORDINANCE OF THE CITY OF KDMI , FLORIDA, BY CHANGING THE ZCNI G CLASSIFICATION OF APPROXIMATELY 5600-5650 NORTHWEST 6TH STREET, M?AMI , FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 2/4 GENERAL RESIDENTIAL TO RG-2/7 GENERAL RESIDENTIAL MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 31 OF SAID ZCNI G ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, S=CN 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 26, 1985, was taken up for its second and final reading by title and adoption. On motion of Cmmdzsioner Plummer, seconded by Conmdssioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Conmdssioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10053. The City Attorney read the ordinance into the public record and announioed that copies were available to the members of the City Commission. and to the public. 91 91 October 24, 1985 Mayor Ferre: Well, how about the porno thing. Mr. Plummer: Mr. Mayor, I'm going to ask that be deferred. Mayor Ferre: On what basis J. L.? Mr. Plummer : I want more information. Mayor Ferre: All right. Mr. Plummer: Continued the porno? oao= oFF THE Pmzc RwoRD) . Mr. Plummer: Well, these people say that that item is porno. It's obscene. I asked that it be continued, Item 35, for more information. Mayor Ferre: There is a motion on the floor that Item 35 be continued is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion? All right, we are waiting for Commissioner Carollo on that vote. On the Pan American Hospital, is the attorney ready here? Who is the attorney? Al you are the attorney. Mr. Al Cardenas: I am here Mr. Mayor. Mayor Ferre: All right, let's... call the vote on this porno thing and I will vote with you. THER.EUPC N THE FORD GOING H=CN TO CaNTINUE AGENDA ITEM NO. 35 to November 26, 1985 was introduced by Commissioner Plummer, and seconded by Commissioner Perez, and was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Commissioner J . L . Plummer, Jr. Vioe-Mayor Joe Carollo NOES: Mayor Maurice A. Ferre ABSENT: Commissioner Miller J . Dawkins Mayor Ferre: I'm voting for deferral as requested by Commissioner Plummer until Commissioner Carollo gets here, then he can, if he wishes vote for the deferral and I would reverse my vote at that time just as a matter of principle. I know that everybody has a right to defer things one time, but this is serious business. Ms. Dougherty: Mayor that would be continued until the November... Mayor Ferre: Continued until the next regular meeting which is November 26th. 91 92 October 24, 1985 61. CHAME Z=NG CLASSIFICATION OF PROPERTY LOCATED AT 5950 - 59909 N.W. 7TH STINT (PAN AMER.ICAN HOSPITAL) ETCH RS-2/2 TO RG-3/5. Mayer Ferre: All right, now the Pan American Hospital matter. Go right ahead Mr . McManus. Mr. Joe McManus: Mr. Mayor and members of the Commission, the Planning Department had recommended denial on this. The Zoning Board had recommended denial. On first reading the Commission approved this and during the first reading there was discussion of a wit that was to be proffered by the applicant. The Planning Department has reviewed the covenant in terms of the extensive discussion that happened the last Planning and Zoning Board meeting and we are satisfied that the covenant as proffered meets the intent conversation from the Commission. Thank you. Mr. Plummer: Does that change your reoom)mdation? Mr. McManus: No, Sir. Mr. Plummer: Excuse me. Mr. McManus: No, sir. Mayor Ferre: All right, counselor. Mr. Al Cardenas: Mr. Mayor, as you will recall we... there was a lengthy presentation On my part at the last meeting. For the record, my name is Al Cardenas. I'm an attorney at law with the law firm of Broad and Cassel in Dade County Florida and I represent the applicant Pan American Hospital in this particular presentation. If you will recall we made a significant and substantial presentation at the last hearing which took a considerable amount of time as a public hearing and there was considerable testimony proffered by neighbors in the area and ourselves. I think the hearing process itself lasted close to three to four hours at that time and at the conclusion of the meeting they Conmission voted four to one to aocept on first reading the request and the application to approve the requesting application provided, of course, I had at that time proffered to this Commission that by the time of the second hearing we would proffer a declaration of restrictions which would include a number of items, which items had been aooepted, which items had bee discussed fully based on the oorxwns of the neighbors and ourselves and I would like to read those items to you if I may. The restrictions which we imposed on the development of this property and the rezoning of it from RS-2/2 to RG-3/5 were as follows: That no building or structure erected on the property would exoeed one story in height. That no use shall be made of nor any activity conducted on the property between the night time hours Of 10 P.M. and 6 A.M. prevailing Eastern time. That the architectural design of any buildings or structures erected on the property shallbe in conformity with the general character of the neighborhood. That the total landscaping budget have a minimum of ten thousand dollars. This amount shall in part be used to T buffer the subject property from adjoining residential areas. That a solid masonry wall having a height of eight feet shall be erected along a line five feet from the rear boundary of the subject property and parallel thereto. That vines shall be planted along such wall to give a vine covered appearance to such wall. That the following residential structures will retain their current zoning classification of single family homes, 6000 Northwest 7th Street, 6020 Northwest 7th Street, 6030 Northwest 7th Street and 630 Northwest 59th Court. That none of the following use which are otherwise permitted in an RC'--3 zoning district under the ordinance shall be permitted to exist or be applicable to the property and then we set forth the various categories which are prohibited from being used for that purpose. As such Mr. Mayor, and members of the Commission, each and everyone of the items that we discussed that were proffered and that were discussed that I think collectively expressed the concerns of the Camnission. Commissioner Casollo, yourself and others are included in this document. The staff has had a chance to review it and they feel that the document is in keeping with the discussion had at that meeting and my voluntary proffering at that time and I would therefore, 93 October 24, 1985 ;�3 respectfully, submit that this matter me approved on second reading. With us here is the staff from the hospital and the folks involved in the process and if there are any questions, I'm sure that they would be delighted to answer them for you. Mayor Ferre: All right, are there any members of the public that wish to be heard? (IN SPANISH) Yes, please step forward. Por Favor. (SPANISH). NOTE FOR RDOC)RD: Camnissioner Carollo entered meeting at 6:21 P.M. Ms. Yol as x1a. Lescano : (IN SPANISH) . Mr. Perez Lugones: (TRANSLATES FOR MS. LESCANO). Good afternoon, we are back here again. I come here to thank Mr. Plummer. We haven't forgotten him. Precisely a day like today I came to lands of liberty and I think Commissioner Plummer for representing the liberty and the democracy of this Country. I am very proud to be living in this Country. I cone here to say again, for the fifth time to Mr. Demetrio Perez, to Mr. Ferre and to Mr. Carollo, that we the neighbors of the Pan American area continue in opposition and I coarse here representing all the neighbors. We are all opposed on hundred per omit. We are waiting for you to represent the democracy of this Country. And to Mr. Ferre, I will say that I'm under the impression that he would continue representing us at June 13th at the West End where he said to us that he would be on our side, because he believes in the unity of the neighborhoods, that he believe in the unity of family and that he believe that the issue is not going to be good for the family or the neighborhood. I don't know what made Mr. Carollo and Mr. Demetrio Perez to vote in favor when it has to be in opposition, but I hope... and I wait that God, if they don't know how to give justice that he would. And we thank Mr. Plummer to behave like a man of word and for having said "no" when "no" had to be said. So, that... (IN SPANISH). I hope that today what happened the other day does not happen again. I don't know what motives are behind this and let's hope that we can continue living in the neighborhood where until July 20th there was tranquillity, because today in that neighborhood there is a lot of modern things which we didn't have time before, but we say that we are very much united and we will continue to be united and we will always demonstrate that we are united and I am very glad that this happened, because this has served to unite our neighborhoods and I have met many persons of great value like Mr. Sergio Pereira who sent us a letter in support on June 13th and we haven't forgotten that and in the name of all the neighbors I coarse here to express my thanks. This is all and God help us. God knows that reason is on our side. Thank you very much. Mayor Ferre: Are there any other public speakers at this time? Anybody else? All right. Mr. Perez: Mr. Mayor, just as a question in order to clarify for the record. Would you let me know how many neighbors do we have in favor or against this project. How many persons do we have here in the room. How many? (IN SPANISH). Mayor Ferre: (IN SPANISH). Mr. Perez: (IN SPANISH). You are in favor? Ck. You are in favor also? (IN SPANISH). Ms. Lesoano: (IN SPANISH). Mr. Perez: (IN SPANISH). Mr. Camejo: My name is Camejo. I live in that area. I don't think it is the proper way to say, hey, stand up or whatever that we live there in that area. Mayor Ferre: That's correct. Mr. Camejo: I think it's not the proper way. Mayor Ferre: That's correct. I agree with that. We don't vote on these things based on how many people stand up or don't stand up... Mr. Camejo: That's not the way to play. 91 94 October 24, 1985 Mayor Ferre: That's right. But the record,... I think what the Commissioner was trying to do was to have the record reflect that there are only two members of the neighborhood who showed up today that's all and that's a fair question. Mr. Camejo: Ck. But that's another question. That's another point we are trying to get. Mr. Perez: Yes, but let me clarify something. Everybody have the right to make the question that they want to make at the proper time. You know, in my own case... Mr. Camejo: But we... Mr. Perez: Could you let me speak first? Mr. Camejo: Yes, I will. Mr. Perez: Cik. I my own ease I have the right to make the question. On my own oase I have the right for my own vote from my own experience to know how many persons do we have in this room and that's the right that everybody have to make any questions. Mr. Camejo: But that doesn't show how many people are opposing that... Mayor Ferre: That's correct. Mr. Perez: Satre, you are right a hundred per cent. That's what shows how many persons do we have here in this room. That's right. I don't think that that affects in any matter what is the vote. Mr. Camejo: Do you want to know about that? You can go to the neighborhood and ask every family living there. Mayor Ferre: That's correct. All right, anything else? Any other speakers at this time? All right, counselor any other statements? Mr. Cardenas: Just in conclusion Mayor, I would like to remind this Commission that what's here before you today is a slight resemblance of what was originally applied for. We have made a number of substantial concessions to retain the residential integrity of this neighborhood, agreed to spend thousands dollars to improve the for house in question, agreed perennially to leave the rest of the homes owned by this group for single family residential purposes and in keeping with the spirit which has prevailed here during so many meetings, I think we have something which is fine for this community and something we can all be proud of. Mayor Ferre: Further discussion, is there a motion? Mr. Carollo: Move. j' — Mayor Ferre: All right, Commissioner Carolo makes a motion, Commissioner ,I Perez seconds the motion, is there further discussion? What item is this? — Number? Ms. Hirai: 14. Mr. Plummer: 14. Mayor Ferre: Item 14. Call the roll on Item 14? Read the ordinaxioe. I'm sorry. Is there further discussion? All right, call the roll. r' -a �S F gl 95 October 24, 1985 tl .t , r NNINSW i FAW10•J■ ■ ',ilif VF1 :1■ AN ORDINANCE mil 1■ ■ E zcNnr,2 ATLAS OF ORDINANCE FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FRCK RS- ONE FAMILYDETACHED /• 91 • GMRAL RESIDENTIAL X• ■ i■ ■ AND BY MAXIM ALL THE1 NECESSARY CHAMES ON PAGE NO.• OF ■■ ZCNnG MADE A PARTOF ORDINANCE N• • • • BY REFERENCE ANI■ DESCRIPTION IN • N SECTION • • THEREOF; CLAUSE. Passed on its first reading by title at the meeting of September 26, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Perez, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Vioe-Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner J.L. Plummer, Jr. ABSENT: Commissioner Miller J. Dawkins The City Attorney read the ordinance into the public record and annomioed that copies were available to the members of the City Commission and to the public. Mayor Ferre: In voting "yes" let me on the record state again to those in the neighborhood. On the 13th of July there was a neighborhood meeting where I met with the neighborhood to listen to their oonoerns. I have satisfied myself that due to the concessions and restrictions that are placed as covenants on this property, that this safeguard the integrity of the neighborhood in the residentia.1 community, based on that I join the majority and vote "yes" again. 62. CLAIM SE `rL0= - ORLANDO MARTINFZ - $41, 400 . Mayor Ferre: Is there anything else to coarse up before this Commission? Casollo, I think you had something. Ms. Dougherty: Mr. Mayor, I have something. Mayor Ferre: Yes. Ms. Dougherty: Mr. Mayor, I have a request to settle a case. Orlando Martinez sued the City of Miami in a case in which prior to January 26th he was the Administrative Aide to the Assistant Deputy Chief and he was sumarily dispatched to answering phones on the midnight shift and pursuant to that time he stayed until he resigned. There was no... there was an investigation of the circumstanoes involving his... the reason for his sumary discipline and the reason for the discipline was that they thought that he was involved in political espionage That was never proven. We cannot prove those allegations. He sued the City based on hara Lmmt, improper investigation, violation of the civil rights and as we... He is asking for a thousand dollars a month at age fifty which is approximately what he would have gotten had he remained in the pension system. This settlement would cost the City thirty- gl 96 one thousand dollars for the annuity and ten thousand dollars in attorneys fees and we recommend it. Mayor Ferre: All right, any questions from the Commtission? Mr. Plummer: Mr. Mayor, we never like to pay out money, but what choice do we have when we are reoommended by the City Attorney. Mr. Carollo: Mayor, I make the motion that we follow the City Attorney's advice. Mayor Ferre: Is there a second? Mr. Perez: Second. Mayor Ferre: Is there further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-1104 A RESMMION AUTHORIZn G THE DIRB= OF FINANCE TO PAY M ORIANDO MARTINEZ, A SUM SUFFICIENT TO PROVIDE CERTAIN LUMP SUM AMID PERIODIC PAYMENTS AT A TOTAL COST OF FORTY ONE THOUSAND FOUR, HUNDRED ($41, 400) DCIL ARS , - W17= ANY AMSSION OF LABILITY IN FULL AMID COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DIIWW AGAINST THE CITY OF MIAMI , — WWARD V. GARY, INDIVIDUALLY AND AS CITY MANAGER OF THE CITY OF MIAMI , AND HERBERT BRESLOW, INDIVIDUALLY AND AS PUTATIVE CHIEF OF POLICE OF THE CITY OF MIAMI POLICE DEPART.= UPON THE FXEJCUTION OF A RELEASE AS TO ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner J . L . Plummer, Jr. Vioe-Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commd ssioner Miller J . Dawkins 63- CCNTINUED DISCUSSION OF at i• AMENDMENT gat • SEC.• • OF E CODE - OBSCENE ORnmECENT MATERIAL OVER, CABLE TELEVISION. Mayor Ferre: Is there anything else Mr. Manager or Madam City Attorney? All right, is there a motion? No, the porno thing has been put off. (BACUaJND OClM = OFF THE PUBLIC RECORD) . Mayor Ferre: I though you knew that E11is. I'm sorry. What? (EA(�=0ROUND 03]T OFF THE PUBLIC RE MO) . Mayor Ferre: Mr. Carollo, the question was there was a vote on the deferral. Do you want to be recorded as deferring this? Mr. Carollo: Yes, I'm in favor of deferring the vote. {rk Mayor Ferre: All right, further discussion? It's a continuation. I'm sorry. It's not a deferral. Mr. Carollo: Continuation. Mayor Ferre: Anything else? We stand adjourned. Mr . Carollo : Before we leave I need to make a request of the City Manager . Mr. Pereira, since I did make the motion to appoint you City Manager of the City of Miami., I feel that I should be the one that should bring this subject up now. As you know, I will be away until... well, until after the election and since before that time it is a very likely possibility that you will be given the position of County Administrator for lade County, something that I'm sure you would take if it's offered to you. It's certainly a step up in the size of the government. Only in those terns. I have the concern that we won't have a full Commission to vote for a new City Manager. For instance, Mr. Plummer will be away also for some time. So, what I want is a oamnitment from the Manager that if he accepts the job with the County if it's offered like it probably will be, that he wi71 stay on at least until the end of November with us until we all are back and have some time to... Mayor Ferre: You further have a =orient from me as Mayor, that I will not oal.l a special o mm rdssion meeting nor will I permit any vote to occur without a full Commission. I think the appointment of the Manager, if there should be a new Manager, which is a questionable thing, is an important... the most important thing that we do as a Commission and I think should there be a vacancy it must be filled by a full Commission and we will not have any meetings until we have five of us together to make that. Now, I think and since the press is here and I don't want anybody to misunderstand since this is on the record this in no way implies that I know or anybody else }mows that there is a definite vacancy occurring, that remains to be seen. : • • 7117 - r• ••: i 131 MR I 301M -3 a•• -3r Mayor Ferre: Sir, in the first place the Commission has not proffered the job to the Manager, to our Manager. Number two, the Manager has not accepted the proffer. And number three, he has not tenured his resignation. So, there is no vacancy at this time. This is all speculation. It is my opinion that after the election that and I hope that Mr. Pereira will realize that he has got a much better and stronger future for the next three or four years if he is going to be a City Manager or whatever in the City of Miami, than he does dealing with the deficits of Metrorail and the other deficits of a very complex County and he may be a lot more prone to stay in a strong job where he has the opportunity to lead this City. Mr. Plummer: Well, Mr. Mayor, the only thing I would like to say, needless to say, is if there is a vacancy and it is filled on November the 5th as we read about, I do feel that there could be a meeting of this Commission on the 6th and I think it would be in order. Commissioner Carollo doesn't leave until the evening of the 6th. I don't leave until the 13th. Mr. Carolo: Unless I can get a plane and leave here a little earlier. I'm trying Mr. Plummer: Well, ok. All right. There might be another plan proffered on the 5th. Mr. Casollo: Yes, I'm going to be leaving on the 1st. I will be back on the 3rd or 4th, then I'm going to leave on the 6th, but maybe I could leave on the 5th in time. Mr. Pereira: Let me... I have not answered. Let me say that obviously, my name has been put in nomination and that's all that has happened, you know, in 98 October 24, 1985 n terms of the Metro job. I'm honored that my name has been put in nomination. Obviously, Mr. Mayor, and members of the Commission, there are a lot of events that must occur, you know, before a final decision must be readied by me in terms of that position if it's offered or not offered so on and so forth. I will fully consider it in the event, in the event that all things happen and there is an offer, formal offer by the County Commission and I decide to consider to aooept that offer. You oan rest assured, you know, if I decide to do that that you will be given ample time and that it will not be one of those things that you gnaw, a job will be here today and you know, I'm gone tomorrow. These is a professional way of doing things and again, if you know, if that you know, that happens if that was your concern, you }mow, Vioe-Mayor Carollo that, you know... Mr. Carolo: Well, that is basically, my concern Mr. Manager. I wanted to make sure that, you }mow we can have an adequate transfusion of blood in our system if I may use the expression. Mr. Pereira: However, let me add that, you know, it's premature even to, you know, to talk about all these things, because you know, my name has just been placed in nomination. I think the Mayor, expressed that, you know, very clearly. Mr. Plummer: Well, I want to remind you that when, you know, that deal was made by Carollo that if you were fired less than twelve months that they would have to pay you. It works the other way. How many months have you been here? Mr. Pereira: Going on seven. Mr. Plummer: You will only owe us for five so don't worry about it. • •1 M �1' •� IDI • •9757FD • • Mayor Ferre: One last thing before we break up. I saw the Chief... at least I saw his hat some where around here. There he is. Chief, I wanted to just tell you on the record while we are still here, that I was very very proud of you and I of our Police Department in the leadership for the strength and the conviction and the courage and I know that the Police Department are made up of proud hard working honest individuals who risk their lives for the well- being of this City and the citizens of this Miami of our and that I thought it took a great deal of courage to do what you all did. I didn' t like some of the headlines, but you know, that's the way some of the people play ball around here, but I think what you did was the right thing. It was done totally voluntarily on your part and I know that the working men and women of the Police Department want the world to know and certainly the citizens of Miami that we have a good Police Department and that there may be one or two bad apples, but that's a very small, very small —of whatever it is. Whether it's three or four or ten or whatever —it's a very small portion of the total and that we need to get behind all of this and get the good name of the Miami Police Department back to where it belongs and that's on the top of the roster of honorable Americans doing a good job. Thank you, Chief. C1k. Anything else. Mr. Plummer: Move we adjourn. Mayor Ferre: We stand adjourned. 91 99 October 24, 1985 t -IN, ATILT: Natty Hilat C =T CIS gi N4 t° Hamine A. Pem RAY0R 100 October 24, 1985 Uko"dY OF IV:"IAMI DOCUMENT MEETING DATE OCTOBER 24, 1985 N�DEX_ DOCL*01T IDENTIFICATION COMMISSION REfRIEVAI ACTT ON A`dD CODE NO. CONDOLENCES AND DEEP SYMPATHY TO THE PEOPLE OF PUERTO RICO (CITY OF PONCE) IN THE NEIGHBORHOOD LOS MAMEYES. AUTHORIZE/FIRM OF KUNDE, SPRECHER, YASKIN AND ASSOCIATES TO MAKE AN INSPECTION AND REPORT OF FINDINGS ON ALL CONCRETE DECKING OF THE UPPER STANDS OF THE ORANGE BOWL STADIUM. EXTEND CONGRATULATIONS AND APPRECIATION TO MR. RONALD FINE FOR HIS WONDERFUL AND CREATIVVE POSITIVE EFFORTS IN MOVING THIS COMMUNITY FORWARD BY SECURING MAJOR FUNDING FOR NATIONALLY TELEVISED MIAMI ORIGINATED TELEVISION PROGRAMS. 85-1070 85-1074 85-1076 ` ALLOCATE $22,000. IN SUPPORT OF THE 1986 85-1078 KINGS FESTIVAL PARADE (JANUARY 11-12, 1986). AUTHORIZE GEORGE F. KNOX ESQ. AS SPECIAL COUNCEL TO THE CIVIL BOARD AND ALAN ROSEN— THAL, ESQ. AS SPECIAL COUNCEL TO THE CODE ENFORCEMENT BOARD, ETC..... CLAIM SETTLEMENT: MARIA MEDINA LLORENTE $7,000.00. CLAIM SETTLEMENT: MARTHA CLARK $7,500.00. ALLOCATE $10,000. TO COVER EXPENSES FOR ONE CITY COMMISSIONERS AND OTHER CITY PERSONNEL TO TRAVEL TO ROMA, MAKE PRESENTA— TION TO THE BOARD OF DIRECTORS OF AMERICAN SOCIETY OF TRAVEL AGENTS (ASTA). NOV. 11, 1985. ACCEPT PROPOSAL OF LEASE OF FIRE STATION #9, (7561 N.E. 1ST AVENUE) TO OPERATE THE HOPE PRE—SCHOOL AND DAY CARE FACILITY FOR A FIVE—YEAR PERIOD ($400.00 ANNUALLY RATE). 85-1082 85-1083 85-1084 85-1085 L 1' G DOCUMENT,INDEX CONTINUED DOCUMENT IDENTIFICATION ALLOCATE $50,000. TO PARTLY UNDERWRITE "THE 16TH ANNUAL BUDWEISER UNLIMITED HYDROPLANE REGATTA" AND AN ADDITION $25,000. AS A GRANT FOR ENTERTAINMENT, SPORTS, PROGRAMING NETWORK (ESPN) TELEVISION COVERAGE OF THE EVENT; ETC.... ACCEPT LEASE OF CASINO ESPANOL DE LA HABANA, INC. FOR APPROXIMATELY 30,000 SQUARE FEET OF LAND (NORTHEASTERLY CORNER OF MARINE STADIUM COMPLEX LAGOON, AT VIRGINIA KEY) TO PROVIDE AQUATIC SPORTS ACTIVITIES AND PROMOTE INTERNATIONAL COMPETITION ($2,400.) ETC.... APPROVE A PERMIT TO SELL BEER IN CONNECTION WITH A PICNIC FOR THE RESIDENT PSYCHISTRISTS OF JACKSON MEMORIAL HOSPITAL (NOVEMBER, 17, 1985.) AUTHORIZE CITY MANAGER TO REDUCE THE RETAIN - AGE ON THE CURTIS PARK ELDERLY MEALS FACILITY PROJECT; ETC........ CO -DESIGNATE SOUTH 8TH STREET BETWEEN SOUTH- WEST 27TH AVENUE AND BISCAYNE BAY AS "CALLE 8", ETC....... APPOINT: ARSENIO MILIAN AS MEMBER OF THE CITY ZONING BOARD (TERM EXPIRING DECEMBER 31, 1987. RESCIND RESOLUTION 83-1054 AND FINDING THAT THE CITY NO LONGER NEEDS TO ACQUIRE LANDS DESCRIBED IN SAID RESOLUTION - S.E. MIAMI AVENUE ROAD (BRICKELL PLAZA). AUTHORIZE/APPROVE THE 1111 BRICKELL AVENUE PROJECT (ATTACHED HERETO EXHIBIT "A" AND EXHIBIT "B". RESCIND RESOLUTION NO.85-1041 (OCTOBER 10, 1985) WICH APPROVED THE BID FROM ALL STAR SECURITY TO FURNISH CROWD CONTROL SERVICES AT ORANGE BOWL STADIUM. AMEND RESOLUTION NO.85-1023 (OCTOBER 10, 1985) WICH ALLOCATED $75,000. TO COCONUT GROVE CARES, INC. IN SUPPORT OF THE VIRRICK GYM, YOUTH BOXING PROGRAM. 85-1087 1,11m[�7:L] 85-1090 85-1091 85-1093 85-1094 85-1095 wwalrow: 85-1099 DOCU MENTINDEX CONTINUED DOCUMENT IDENTIFICATION ALLOCATE $50,000. $25,000. TO ASPIRA OF FLORIDA, INC. AND $25,000. TO BELAFONTE TACOLCY CENTER, INC. ETC... RATIFY/APPROVE/CONFIRM $40,000. TO THE FLORIDA A&M UNIVERSITY NATIONAL ALUMINI ASSOCIATION, INC. AUTHORIZE PURCHASE OF 95 PIECES OF LAW MAINTENANCE EQUIPMENT FROM 5 SUPPLIERS UNDER STATE OF FLORIDA, FOR THE DEPARTMENT OF PARKS/RECREATION ($97,840.). CLAIM SETTLEMENT: ORLANDO MARTINEZ $41,000. i 85-1100 85-1101 85-1102 85-1104