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HomeMy WebLinkAboutCC 1985-10-10 Minutes~~ tip:, ;~.~ ~~ CITY OF MIAMI ``~{Y op ~ IZ~~~93 ~ ~ O ~~ ~` ~ ~ ~,O ~,F~- OF MEETING HELD ON OCTOBER 10, 1985 (REGULAR) PREPARED 8Y THE OFFICE OF THE CITY CLERK CITY HALL MATTY HIRAI City Clerk s }. ~ R INDEX MINUTES OF REGOLAR MEETING CITY COMMISSION OF MIAMI, FLORIDA OCTOf.1ER 10, 1985 ITEM SUBJECT LEGISLATION PAGE N0. N0. 1 PRESFNTATIUNS, PLAQUE'S ACID :f'ECIAL, PR!':'-E:NTEU 1 ITEh9S. 10/ 10/8 2 PRESENT A'TIONS,PLAQi1ES AND SPECIAL PRi~SF,NTr_'h 1 TTEMS (CONTINUED). 10/10/P 3 REQUEST Tc~ RENAME PARADISE POINT DISC;USSION PARK AS THE "MIAJ~II RIVER RAPIDS 10/10/85 PARK". 4 GRANT REQUEST BY COCONUT GROVE M 85-1018 3 JAYCEES FOR STREET CLOSURE IN 10/10/85 CONNECTION WITH THE "lOK RACE". 5 ALLOCATE $12,00 TN SUPPORT OF THE R 85-1018 3-4 "1985 INTERNATIONAL FESTIVAL". 10/10/85 6 ALLOCATE $300.000 IN SUPPORT OF THE R 85-1020 4-b "MIAMI WINTER GAMES" SUBJECT TO 10/10/85 CERTAIN CONDITIONS. 7 DIRECT ADMINISTRATION TO PERFORf9 M 85-1021 6-7 CERTAIN IN-HOUSE IMPROVEMENTS TO 10/10/85 THE GRAND PRIX TRACT IN PREPARATION FOR THE EVENT. 8 BRIEF COMMENT: IN CONNECTION WITH DISCUSSION 7-8 RECENTLY HELD HEMISPHERIC CONGRESS 10/10/85 OF MUNICIPALITIES. 9 PERMIT SALE OF ALCOHOLIC BEVERAGES R 85-1022 8-g BY LIQUOR PACKAGE STORES DURING 10/10/85 MONTH OF DECEMBER ON EXTENDED HOURS . 10 REFER TO CITY MANAGER REQUEST DISCUSSION g-10 RECEIVED FROM THE MARTIN LUTHER 10/10/85 KING ASSOCIATION FOR PHYSICAL SPACE AT A CITY FACILITY. 11 ALLOCATE $75,000 TO COCONUT GROVE R 85-1023 10-12 CARES, INC TN SUPPORT OF THE YOUTH 10/i0/85 BOXING PROGRAM. 12 ALLOCA'T'E $ 12, 000 PER MONTH ( FOR 20 R 85- 1024 12- 1 3 MONTHS) IN SUPPORT OF REDUCTION OF 10/10/85 RENTAL FEES TO BE PAID BY COCONUT GROVE EXHIBITION CENTER. 13 ALLOCATE $1,000 IN SUPPORT OF 'TOP R 85-1025 13-14 LADTES OF DISTINCTION ' PROGRAM TO 10/10/85 BRING CORETTA SCOTT KING TO MIAMI FOR A CONFERENCE IN MARCH, 1986. '?. _ !~~tiNr,. -;h:r~~iVF~i? F'(~~~,i•1 f•;~~. JA~]~.; ,i<<fJP! i~~ 1;~;~ IN i'C'NP]ECTi(~I~d WITH FR(_lF,?SFI~ MILI- TARY ~'r~r,JFI';hFfJt'E~ ,~J?_ r~~ WA;`({~ r~i~;~I~~rv D. C. T ~.:`, ~, t~ M F T ~~~ t•9 I A M T. 1~, t~F'PR_1VF Rf~'C?IJE; T RE~'(~;; VI; [? F~F;~)f', 7~Hf~ t~ ~:, 'r,~'f, 1 F~_~~(-~ "SOUTH FL~)I~ I I~;A E?~I~:~ I N~;:',;MEN' :I 7 ~~l 1 t); `-'- LEAGUE, INC." F~JR A i;RANT l)F VEt,i-- Ti1RE. ~,APITr~L F[iNl)S Ihd T~il~ At~i~>1_It~IT ~1F $1,000,000 TO ESTABLISH A L:"?ALLY -- BASE[` t~1F;;'F'T~~' If1 Cr~(~?NE''~''I~)~~I i~1~T(= CONSTRUCTIONV OF THE BAY:~IDE; FROJEC`I'- E:TABLI:,H (:;,11F~ - i ~'F':~-~': COMMITTt~'.E. 16 AUTHORI~,F SALE Oh' $17,000,000 r;ITY ° ~,~~-1~~„?"? ~'i-~~=; OF MIAMI FLORIDA IfJUUSTRIAL U!~:VEL- 1~i 1Ct%.'-~~_, OPMENT REVE?NUE HONK SFRIF;S 1985 (P~AYSIDE LIMI'fEll PART~lF;R:'filP PROJECT)- AWARD >ALE TO THE WIL.Lf.AM R. HOUG}i Fx CO., SHEARSON, LEH~~9Ah~ BROTHERS, INC. AND A.I.B.C. ItVVEST- MENT SERVICES CORPORATION FIRMS; SUBJECT TO CONDITIONS. 17 AUTHORI ;": EXPCUTIt)tJ OF AGRFEMF:NT h 85- 102E 2~l,25 WITH THE BOARD OF TRUSTEES OF THE 10/10/85 INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA F~~R RELEASE: ~F DEEDS RESTRICTIONS ON LANDS ADJA- CENT TO BAYFRONT PARK. 18 AUTHORIZE. EXECUTION OF AMFt1Dh9ENT TO R 85-10?_9 ?5 THE MIAMARINA AGREEMENT WITH 10/10/85 WAYSIDE CENTER LIMITED PARTNERSHIP TO INCORPORATE TERMS REQUIRED TO FACILITATE PURCtit-SE OF RIGHTS/TITLE/IfJTEREST TO THE. NEId WORLD MARIIJAS, INC. AGREEMENT FOR MANAGEMENT dF MIAMARINA. 19 AUTHORIZE EXECUTION OF AGREEMENT R 85-1030 26-27 BETWEEN PIER 5 BOATMEN'S ASSOCIA- 10/10/85 TION, INC. THE ROUSE-MIAMI , INC. NEW WORLD MARINAS, INC. AND THE CITY IN CONNECTION WITH THE TEMPO- RARY RELOCATION OF THE PIER 5 BOATMEN'S DOCKAGE FACILITIES TO FACILITATE CONSTRUCTION OF BAYSIDE SPECIALTY CENTER. 20 EMERGENCY ORDINANCE: AMEND 9939-- ORDINANCE 27-28 INCREASE APPROPRIATIONS FOR 10046 BAYSIDE SPECIALTY PROJECT IN THE 10/10/85 TOTAL AMOUNT OF $2,002,000 FROM VARIOUS SOURCES. 21 AUTHORIZE AGREEMENT WITH THE R 85-1031 28-31 ALLAPATTAH MERCHANTS' ASSOCIATION 10/10/85 FOR A LOAN OF $300,000 TO ASSIST IN THE CONSTRUCTION, EXPANSION REHA- BILITATION OF THE "LIVE AND LET LIVE COMMERCIAL PROPERTY" (3520 N.W. 17th AVE.) INTO A RE- TAIL/PHARMACIES/MEDICAL/ART/COMMERC IAL COMPLEX. 22 APPROVE MINUTES OF REGULAR COMMIS- DISCUSSION 31-32 SIGN MEETING OF JULY 18,1985 AND 10/10/85 PLANNING AND ZONING COMMISSION MEETING OF JULY ?_5, 1985. -* 1s, ~` r~'~rs ~'~ `~,''~'~~" a r`; u.r ~t=, ~; r 2 S i'~~`^i."r:;tdT AGFIJI~~A . ~?-~, 23. 1 CL~A?M ;; F:1"I'(.Er1F;h7~'-RICARI;~.~~ A7'AIJ~',Y r-~' ;~;~,,-1~1-,~' ~_ 10!10/85 ~_.' . <? T h F: F,'I' ~' 1, ~ ~ S U R }? - I' A R T' ~,.~i F' tl . I'; . 1 ~' • r: -- 1 ! , ~ ? ~ , ~T. Aldh FLAGER :?'I'RE;};T FOR PARADE i,F 7 i~~~/ 1 i)i ~',~_~~~ ANTIc~UF' APPARATU;. ~'3. ~ S'I'REF,'1' ~'L(~;;URE AIJI~ 1;:;'I'Af3L.T:;fiiNt; ?~' <~~~,-10=~~~ EXHIBITION CENTER FOR 198~~ INUY 1~_)/1ni~'-~, RACE (:AR EXHIE3ITION. 2~.4 TEhIPORARY PI;Rr~'LT t~LC(JIIOLI }',F,Vh;}-'AG- ~' ;~'~~--li)~, 3=. ES-CERAMIC LEAGUE FAIR. 1~1/1i~i/P.~~, 23 . 5 RATIFYING CANCELLATION i-~F Ci)PJTftA~`T R N~~- 1 0 = (:; ~? WITH COPY PRODUCTS OF AMERICA AND i ~"~/ l0i L'~ ACCEPTING }3ID OF ROYAL BU;,INESS MACHINF::~. 23.5 AUTHORIZE PURCHA:'~F EI(r}?T HEAVY ~'~i)TY ~' :~'5--1~="' ~4 RIDING MOWERS. 10/lOiE"~ 23.'l ACCEPT }3rD - LAf170 CONSTRUCTIOri F'OR R `~5--10~~~ ?11 FAIRLAWN NORTH SANITARY SEbJER 10/ t0/U IMPROVEMENT. 23.8 ACCEPT 8ID - THIRTEEN SUPPLIER: FOR ? 85--103~~ 34 OFFICE SUPPLIES FOR ONE YEAR CON- 1O/10/8~, TRACT. 23.9 ACCEPT BID - SUPERIOR SEAWALL R ~'~5-1040 4 SERVICE, FOR BULKHEAD REPAIRS TO 10/10/85 WAINWRIGHT PARK. 23.10 ACCEPT BID - ALI, STAR SECURITY FOR R 85--1041 34 CROWD CONTROL AT ORANGE BOWL STADI- 10/10/85 UM ON CONTRACT BASIS. 23.11 ACCEPT BID - COMPLETED WORK ;~7IRA R 85-1042 35 CONSTRUCTION FOR WESTERN DRAINAGE. 10/10/85 23.12 ACCEPT PLAT- E NTITLED D.C.M. MAIN-- R 85-1043 35 TENANCE FACILITY. 10/10/85 23.13 AUTHORIZE ISSUANCE WASTE COLLECTION R 85--1044 35 LICENSES. 10/10/85 23.14 ORDERING ROADS AREA HIGHWAY IM- R 85--1045 35 PROVEMENT DISTRICT-PHASE I H--4512. 10/ 10/85 23.15 ORDERING CITY WIDE HIGHWAY IMPROVE-- R 85--1046 35 MENT PHASE II H-4515. 10/10/85 23.16 ORDERING CITY WIDE SEWER EXTENSIONS R 85-1047 35 IMPROVEMENT-- N.W. 47 AVENUE SR- 10/10/85 5521 . 24. DEFER CONSIDERATION OF PROPOSED DISCUSSION 36 ACCEPTANCE OF BID FROM MAGEN CORPO-- 10/10/85 RATION, PITMAN PHOTO AND RICH PHOTO FOR PHOTOGRAPHIC SUPPLIES TO CITY DEPARTMENTS TO NEXT REGULAR MEET- ING. 25. EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 3637 SPECIAL REVENUE FUND: "SELECTIVE 10047 TRAFFIC ENFORCEMENT PROJECT - 10/10/85 FY'86"($784,418). 't t # ^Y .. -. oa _ '_ Y ~?F' .: 'r 1';+ -- F:STAf~t., i .',H NFW Th'U;~'i AtJi~ AGENCY }~UND: "COP1h1UNII'Y L~F•-''VE1~~_~F~-1E:NT COUNTY :~UPPI.f~:ff E?NT t FY -' i'?5-' fib)-- APPR~.~PI ATE: ;I~ 1 ~, ~ r1UC~ . FIN: T N}':AI~I?J (; !'RI?I?JAtJCF; ~;":9r:tdir i~r1-- 1i~5 ENTITLEI~? "i)ISCRIt~1I1JAT~)RY PfiAC- TICI;S, FRAUDf1L.EMI' ~T_ATE~;?--TENT, IP•1- PROPFR :~~>f.:ICITA'I'IC?~~,~, F:TC., PR~_~!- HI}3iTFh Pf~.tJAI,TIF' F}~~1ViDCtJG ';~~` PER SON IN ~LASSIFIEU SERV IC}~ :;HA[,i_. }3I; DI.~CRI^+i-NATED A~IAIid."T [~F(~AU:'f~ '%}~~ PHYSI('AL t)R MENTAL HANDICAP. F I N:,'T R};A ?)I1~1G ~~RDI NA}JCE:: ~{'"I~ N(~ '.0- 55 ("SPI',r,IAL RATES") -FROVIDE SPECIAL RATES FOR H~LE~;TRIC CART' RENTAL AND GRF:EN FEES AT CITY 'J~r1tJEI~ GOLF COURSE..' OPJ :~FI;CIAL nr~;A:~i~~)tJ:;. CONTINUING CONSIDERATION OF' POSED MItJORITY PROCUNF'M~:NT NANCE FOR FURTHER It~7FORMATION. 1~_,, 1~-'~'~ ,„ f;FAf~I Nr, 10%1t-'i F., . 'I' lei/1~)/~~~~ `.~7_7~ - °, ~t!,_ ~~~ Phil- f;i::,CU.`_':>I'`CJ ORI)I- 10/lvi;.~~. AUTHORI:'.E ACG?UISI'I'Il)N OF LAND P,Y PURCHASE OR CONDEMNATION (LAND AT INTERSECTION OF N.E. 36TH STRE~'T AND 2ND AVF:iJUE•:- ENTRAPJCE "''? THE MIAMI DESIGN PLA?A). DISCUSSION AND 'T'EMPORARY DEFERRAL OF PROPOSED CONTRACT WITH MIAMI CAPITAL DEVELOPMENT, INC. TO PRO- VIDE AN ADDITIONAL $500,000 IN FUNDS. (SEE LABEL 4152). T= tS ~ - 1 0 4 ~' i~ 2 10/10%x:5 C,ISCU:'SION l0i 10/85 r~ ~_t~5 32. BRIEF DISCUSSION AIJD TEMPORARY DISCUSSION DEFERRAL OF CLAIM SETTLEMENT - DE 10/10/85 GUZMAN (SEE LABEL 54). 33• PERSONAL APPEARANCE ELY MR. OTIS M 85-1049 SHIVER IN CONNECTION WITH INTENDED 10/10/85 CANDIDACY IN THE CITY'S NOVEMBER ELECTIONS. 34. PRESENTATIONS, PLAQUES AND :>PECIAL ITEMS. 34.1 PRESENTATION TO THE 1.9AYOR: BY SENATOR KENNETH WOODLEY, PRESIDENT OF THE INDUSTRY COMMISSION OF THE SENATE OF ARGENTINA; MR. PEDRO REINA, PRESIDENT OF THE ORGANIZING COMMITTEE OF THE MIAMI/HIALEAH FAIR/JULY 1986 AND MR. JOSE ROSA VELASQUEZ, EXECUTIVE. VICE PRES I- DENT. 45-46 ~(6-50 50 10/10/85 50 10/10/85 34.2 ANNIVERSARY CAKE - COMMISSIONER PLUMMER: CELEBRATION OF COMMISSION- 10/10/$5 ER PLUMMER'S 15TH ANNIVERSARY ON THE CITY OF MIAMI COMMISSION. 35. ACCEPT LAND APPRAISER PROPOSALS IN R 85--1050 CONNECTION WITH ESTABLISHMENT OF 10/10/85 FAIR MARKET VALUE OF LAND PERTAIN- ING TO THE MUNICIPAL SERVICES BUILDING (1145 N.W. 11 STREET) AS POSSIBLE SITE FOR THE PROPOSED "MIAMI/FLORIDA INTERNATIONAL UNI- VERSITY BIO-CHEMICAL RESEARCH AND INNOVATION CENTER". 50 51 a~,. ~ ~ r z 'i'H~, A(~1f~;~? i~:AtV CAi~~:'f';R ,'~.'I - ~~~~ ETY!At~if•,R 1CAN L~,1NG A:aSr~rIATIr~~PJ t,C)LE' CARP ('R1VI1,(~G}: F}~OGRAM- RFt~E~~"}: GREF.'N FEES. 'i . ALLOCATE, ;~,4~;, 00±) IPJ ;'UFP')NT C)F "TtiE; F ~~ ~. - i 05~' ~~'-~? SUPERSTAR: FOR 1y86" - ;UE3JECT TO 1i1~ its/~~~~~~ CERTAIN CC)NE?ITIONS. ~8. DE.~It~NAT[Nis THE, ~:OhiPLETEJ' PRC~FE:>- }, ;-~,-1U~;-, ',.;_5'~ SIONAL TRANSPORTATION PLANNING ANU i ~~~' ltl; ~;r~ TRAFFIC ENGINEERING SERVICES FON A COPIPREHENSIVE TRAFE~'I~` rTUUY ~:F COCONUT GROVE AS A "CATEGORY f' PROJECT". 39. DESIGNATE THE? COMPLETE: PLAtNING AND ~ 'S-1~,~5~a ~;5 DESIGN SERVICES INCLUDING A MASTER 1ni10/°~~ PLAN AND FEASIBILITY STUDY FUR THE FLORIDA EAST COA;~T PROPFNTY AD BICENTENNIAL PARK AS A "CATEGORY ~. PROJECT". 40. AUTHORI7F. AGREEME fdT WITH BOS~JORTH R ,-i5- i 05 ~ '>6 AERIAL SURVEYS, INC. FOR AERIAL 10/10/85 PHOTOGRAPHY OF APPROXIMATELY 640 ACRES. 41, SECOND READIt1G ')RDINANCE: ORD. 9500 ORDINANCE 56-57 TEXT AMENDMENT-AMEND ARTICLE 15. 16049 SPI: SPECIAL PUBLIC INTEREST DIS- TRICTS LATIN QUARTER COMMER- CIAL/RESIDENTIAL AND RESIDENTIAL DISTRICTS BY AMENDING VARIOUS SUBSECTIONS FOR VARIOUS REASONS. 42. RESCIND PREVIOUSLY PASSED R-85-1041 M 85-105b 57-61 ACCEPTING 8ID FROM "ALL STAR SECU- 10/10/85 RITY" (FOR CROWD CONTROL AT ORANGE BOWL)- CONTINUE SAID ISSUE FOR A 2- WEEK PERIOD.(SEE LABEL 1123). 43. FIRST READING ORDINANCE-AMEND FIRST 62-69 SECTION(A) OF SECTION 10.5-20 READING PREVIOUSLY PROHIBITING USE OF 10/10/85 OBSCENE MATERIAL OVER CABLE TELE- VISION--DELETE PRIOR JUDICIAL DETER-- MINATION REQUIREMENT; ETC. 44. ALLOCATE $40,000 TO FLORIDA A&M M 85--1057 69-71 UNIVERSITY NATIONAL ALUMNI ASSOCIA-- 10/10/85 TION, INC. IN CONNECTION WITH THE 1985 ORANGE BOWL CLASSIC WITH THE CITY BECOMING SOLE SPONSOR FOR THIS EVENT. 45. WAIVE REQUIREMENT FOR SEALED BID- R 85-1058 71 APPROVE PURCHASE OF LABOR AND PARTS 10/10/85 TO REPAIR PISTOL RANGE AT POLICE DEPARTMENT FROM CASWELL INTERNA- TIONAL EQUIPMENT COMPANY-- $13,679. 46. CONFIRM ORDERING RESOLUTION 85--884 R 85-1059 72 FOR CONSTRUCTION OF WYNWOOD HIGHWAY 10/10/85 IMPROVEMENT H-4514. 47. BRIEF DISCUSSION AND CONTINUANCE OF DISCUSSION 72--77 PROPOSED ACQUISITION OF LAND BY 10/10/85 PURCHASE AT APPROXIMATELY 2$ S.E. 6 STREET FOR EXTENSION OF BRICKELL PLAZA. -,~ _. '1~ifAE PI'RMI_'f I'I~~R E;k'Cii_'l,I; _'`~'~: t'AJi_!H +I:'F: SPF~; t AL PI~Rt~11TS - 1)~;TA T LF;I; Ii F;C?UI R1~;~- fIF:1~'T:' ~;+~Nf?I? ,`, 1'I-~~, I'RI~`N;f•;I,L-hi; A""' RIVF,R RESIDENTIAL-OFFI('E I)L:~TRI!'T AND ..°~I'I--1~ [?RICN:FLL ARhA MAJ')Y S'fREH;TS UVERLAY DISTRICT, AND I,~Si_1AN~f~; ~~H~ L~I:'JH;1.(~l„•1F,'1T ~7R[~ER F(?F 13R I CE:i~~i.L :; Cy 1J ,1 R1~, PR(;~JN;~,T ( I'HA:F: 1 1 i 1 1 1) . fiRIF!-' 1)I,~C1J:~':'I~)I: 1~tJ1) ~'i'P~d'~INi.Ji,(J~"'!-: ;,r~ PROPOSED REC~UEST FOR APPI,ICATIOtd F~)R MAJOR iJ:1E PERMt'f Ph;N AHTi~~Lk~; ~=t~. (~1AJOR USE. :;PEC'iA1., PF,f~MI'(': DETAILED RE~IJIREh1F.N'fS ~ONE,U :API-5, NRI~~E;~LL AREA i;AJ~Jfi ;:~Tkt~I-:T;' UVI•;RL~"~Y llIS'fRICT, AND I:~~SUANCE OF I?EVELOP- MEt1T ~iRDER F~?R 1111 I?RICE:F,L.L PROJECT. RESCIND PREVIOUSLY PAS:~h;D PE?:7~)I,U- TION 85-965 REJECTING S(;LE PROP~.JSAL RECEIV(:,U FROM "RELIATIMF', INC". FOR STREE;'f CLOCK TIM F' AND TEt~(PERkTURE DISPLAY - REFER TO CITY MANAGER TO FURTHER NEGO'fIAT.E AtaD IDENTIFY BETTER TERMS. PERSONAL APPEARAIJCE: JOANNE HOLSHOUSER, DISCUSS AND APPROVED LEASE FOR COMMUNITY BUILDING IN PEACOCK PARE;. AUTHORI7.E CONTRACT WITH MIAMI CAPTTAL DEVELOPMENT, INC. - PROVIDE FOR $500,000 ADDITIONAL IN THE EXISTING REVOLVING LOAtJ FUND (SEE LABEL 31). I~ 'i~. i~ ISCU`'~;~ i ~~N i (i/ ll~;i ~Ci ~; ~''`~- 1 06 1 1 ti / 10 /"h DISCUSSION 10/10/85 R X35-1062 10/10/85 77^~? 1 1 `~~ c~ 85-87 87-8g 53• APPOINT INDIVIDUALS TO THE COMMIS- R 85-1063 90 SIGN ON THE STATUS OF WOMEN (AP- 10/10/85 POINTEES WERE MONA LIGHTS, JEANETTE KEARSON, BLANCA GALVES, CAROLS TAYLOR). 5~• APPOINT MEMBERS TO BOARD OF TRUST- R 85-106U g0-93 EES OF CITY OF MIAMI FIRE FIGHTERa' 10/10/85 AND POLICE OFFICERS' RETIREMENT TRUST (APPOINTEES WERE MILTON HALL, CHARLES HALL, DON HICKMAN, JESSE DINER). 55• APPOINT INDIVIDUALS TO THE GENERAL R 85-1065 93-96 EMPLOYEES' AND SANITATION EMPLOY- M 85-10bb EES' RETIREMENT TRUST (APPOINTEES 10/10/85 WERE ROSE GORDON, SIMON FERRO, GEOFFREY 4JATSON) NOTE: 1 APPOINT- MENT PENDING. 56. CONFIRM SELECTION BY CERTAIN BAR- R 85--1067 g6-97 GAINING REPRESENTATIVES OF CITY 10/10/85 EMPLOYEES AS MEMBERS OF CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD (APPOINTEES WERE: CAROLYN CLARKS, NELSON LISSABET, ROBERT MACK AND ALMA SMITH). 57• DISCUSSION REGARDING FEDERAL REVS- DISCUSSION 97-107 NUE SHARING FUNDS FOR FY-'85-86. 10/10/85 ,. ., ~~ ;R, f'TI:~ ACt'EF'TAldrf F'C~R C~1RTI: F'A.FF: ~ u~`~-1riE~~~- 10; !'OR'1' F1FLD LIGHTING - 3~~;_'~;q, 1t1(I 1n/1~1~~,-,, PL11:, Al~I?I"I'IV~E "A". ~y. CLAIM ET'CLF,ME~'NT: E"TATS hF F'AE~' ~~~ '-~ ~~ =~- 1 Oh~~ 10f~- 109 hE JESUS GU'MAN/t~9ARiA ~1C~i 1~1/'-',~; callZ~~iAN/F;ATRINE C,UZMAN - ~':4~0.000. MINUTES OF REGULAR MEETING OF THE CITY COVMISSION OF MIAMI, FLORIDA On the 10th day of October, 1985, the City Crnmission 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 O'Clock A.M. by Mayor Maurice A. Ferre with the follwding members of the Crnmission found to be present: Crnmissioner Miller J. Dawkins Crnmissioner J. L. Plumrer, Jr. Mayor Maurice A. Ferre ABASENT: Conmissioner Perez and Carollo ALSO PRESENT: Sergio Pereira, City Manager Lucia Allen Dougherty, Cfty Attorney Matty Hirai, City Clerk An invocation was delivered by Mayor Maurice A. Ferre who then led those present in a pledge of allegiance to the flag. 1. PRESENTATIONS, PLAQUES AND SPECIAL ITEMS. Resolution: Conveying the sympathy and solidarity of PRESENTED the City of Miami to the people of Mexico for their loss during the recent earthquake. Presented to the Hon. Fernando Sanchez Mayans, Consul General of Mexico. ATE FOR THE REOORD: AT THiS POINT, OCNMISSIONER MILLER DAWKINS AMI3UNCES ON THE PUBLIC REOORD THAT HE WILL NOT SUPPORT GRANTING MONIES TO THE CITY'S BOXING PROGRAM. HE FURTHER AM-JI.J<VCED THAT HE W10ULD BE FORCED TO LEAVE THE MEETING AT THAT POINT AND WOULD NOT BE BACK UNTIL 10:30 A.M. 2. PRESENTATIONS, PLAQUES AND SPECIAL ITEMS (OONTINUED). Certificate of Presented to the people who contributed Appreciation: to the success of the year's Unlimited PRESENTED }ydroplane Re a,~ tta; Certificate From the Dade County Chapter of Mothers Qf Support: Against Drunk Drivers to Officer David PRESENTED Donaldson: PRESENTATI.ON: By Henrv Givens of the Miami Dade & Trade Tourism Cdttnisslon gl 1 October 10, 1985 <„ ~ .. >, ,. _ S' 3. REC~UEST TO RENAME PARADISE POINT PARK AS 7HE "MIAMI RIVER RAPIDS PARK". NDTE FOR F~FiD:Caalrmissioner Perez entered meeting at 9:59 A.M. Mayor Ferre: All right, we now have a quorur. Ail right, Mr. Parks. Mr. Parks go right ahead. Mr . Robert . L . Parks : Thank you . Mr . Mayor and members of the Ccrttm i ss i on , I'm here on behalf... as Chairman of the Miami River Management Ccmmittee with reference to an item concerning the renaming of Paradise Point Park located on the North folk of the River at or about Northwest 24th Avenue. The Committee, since appointed by the Governor in 1983 has been working with the City of Miami Parks Department in connection with parks on the River, has succeeded we believe In getting that park squared back away to the extent that it could be utilized by the public and was once again open, has worked with the State of Florida In connection with a land swap which would increase the park by almost double its size at probably the most single historic site on the River except for perhaps the mouth of the River itself. We strongly as has been recommended by your Memorial Ccmmittee in the Parks Department request that you rename the park from Paradise Point Park to Miami River Rapids Park for those reasons. The history behind this particular park is significant in the growth of the River and in the growth of the South Florida area and the gravth most Important l y of th i s C i ty and the Crnm i ttee fee i s as d i d your Memorial s Ccrrmittee and the Parks Department, that the naming of this park in that fashion particularly as it Is expanded through the land swap that is presently underway, would most accurately reflect and really set the tone for the future development of the River, both historically and from the standpoint of public involvement. Mayor Ferre: All right, Mr. Parks, thank you sir. This has gone through the Manor l a l s Corm f ttee and been reccrttnended by the Me'rior l a l s Crnm I ttee? Weil , I'm Just of the op(nlon that we should honor people rather... that's something... Mr. Plu'ttner: Didn't we establish a policy to that effect? Mayor Ferre: I think we did. Mr. Plummer: Whatever you want to do sir, fine. Mayor Ferre: I will tell you what, let's take this under advisement and we w(II bring it up at the next Carmission meeting for discussion, because there was same concern, Mr. Parks, that it might be appropriate to name the few parks that we have in Miami for individuals that have contributed specifically to the comrxJnity, rather than for events or historical names as such. Mr. Parks: We don't quarrel with that policy has a general rule Mayor, but our position has been with reference to this because of It's unique characteristics that you all considered amending the policy to the extent that you can to do It that way. And let me Just get out of here and simply, again, invite... Next week is the Miami River Fest. All of the Crnmission members and you have been invited to the cocktail party and the boat ride and I personalty extend that invitation to all of you again. We look forward to It. Thank you. Mayor Ferre: Well, thank you sir. talk about this then. Thank you. We shall be there and I'm sure we will 91 2 October 10, 1985 4 . GRANT REQUEST BY OOOONUT GROVE JAYCEES FOR STREET CLOSURE I N CCN~t~IECT I ON WITH THE "10K RACE". Mayor Ferre: All right, then we will nav revert to the regular order of business here and I would like to... Mr. Plumper: Are we going to do pocket Items? Mayor Ferre: Yes, we will take up the pocket items first. Go ahead, Crnmissioner. Mr. Plummer: Mr. Mayor, I have a number of pocket items that I would Ifke to bring forth. First of all I make a motion giving the Coconut Grove Jaycees the right to run their 10-K race on October 27th. They are not asking for any money, Just for the streets to be closed and I so move. Mayor Ferre: A motion by Plumper. Mr. Perez: Second. Mayor Ferre: Seconded by Perez, further discussion. Mr. Plumper: SubJect to the insurance, of course. Mayor Ferre: SubJect to the regular conditions always imposed. Call the roll please. The following motion was Introduced by Cnnmissloner Plumper, who moved Its adoption: MOTION NJ. 85-1018 A NgTION GRANTING A REQUEST MADE BY THE OOOONUT GROVE JAYCEES FOR STREET CLOSURES AS DISCUSSED BEFORE THE CITY COMVI 1 SS I ON I N OON~CT I ON W I TH THE l OK RACE ; SUBJECT TO APPROPRIATE PERMITS BEING OBTAINED. ~- Upon being seconded by Crnmissioner Perez, the motion was passed and adopted by the following vote- AYES: Comrfssioner J. L. Plu~mier, Jr. Carmissloner Depetrlo J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Compissioner Miller J. Dawkins Vice-Mayor Jce Carolto 5. ALLOCATE $12,000 IN SUPPORT OF THE "1985 INTERNATIONAL FESTIVAL". Mr. Plummer: Mr. Mayor, I have the f(nal auditing from the Folk Festival. There was a deficit. I think It's sapething that was City sponsored. We have no choice and I make a motion at this time that the deficit of eleven thousand... Weil, no, let me do it the other way. Mr. Manager, I'm going to make a motion not to exceed twelve thousand. So, you won't have to bring it back. Mr. Pereira: Fine and we agree with... Mr. Plummer: And all mepbers, I think, of the Cortmission have this same thing that I have. So, I move that the deficit not to exceed twelve thousand dollars be paid by the City. gl 3 October 10, 1985 ;. ~~ - Mayor Ferre: Is there a second? Mr. Perez: Second. `.iii Mayor Ferre: Further discussion, call the roll please. The following resolution was introduced by Ccrrmissioner Plummer, who moved Its adoption: RESOLUTION NJ. 85-1019 A RESOLUTION ALLOCAT I N AN ADDITIONAL ANIJI~IT NDT TO EXCEED $12,000 FROM SPECIAL PROGRAMS AND AOOOt~VTS, OONTII~ENT FUND, IN SUPPORT OF THE 1985 INTERNATIONAL FESTIVAL; SAID ALLOCATION BEIN3 OONDITIONED UPON PROOF OF PAYMENT OF ALL INVUICES PREVIOUSLY SU6MITTED. there follows body of resolution, anltted here and on file in the Office of the City Clerk.) f Upon being seconded by Carmfssioner Perez, the resolution was passed and adopted by the following vote- AYES: Carmissioner J. L. Plummer, Jr. Co~rmissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NaES: None. ABSENT: Crnmissioner Miller J. Dawkins Vice-Mayor Joe Carollo 6. ALLOCATE $300,000 IN SUPPORT OF THE "MIAMI WINTER GAMES" SUBJECT TO CERTAIN OONDITIONS. Mayor Ferre: Go ahead. Mr . P I urm~er : Mr . Mayor , you appointed me to work w i th the peop I e f rcm the Winter Games 86', you have !n front of you a resolution. Basically, what this would be is to the amount of the City's participation, seed money not to exceed three hundred thousand dollars. We have agreed with the people that based on the number of sports and participants, is to how the money would be delegated. it is my reccnmendatfon to the Catmission, that they would authorize, if you so desire, they would authorize the amount not to exceed three hundred thousand dollars to be disbursed at such time as signed contracts are brought back showing participation. What I am say(ng is that ff they have their full nine events, the full seed money would be made available. If they only for example, have one event they would only get a percentage of the seed money. This has very exciting over tones. They were yesterday, very successful In getting the State of Florida, the Governor's council on sports to be main sanctioning body. As you know, this would take place the weekend prior to the Grand Prlx In the Downtown area. There would be field and track. Hopefully, soccer. swimming, softball, equestrian, rowing. All of these events would be hopefully, Involved, depending on the amount of Involvement they get Is where the City seed money would be used. The Clty has one hundred per cent guarantee return that we would get a(I of the monies from food, beverage and souvenirs. If for example, we feel that there would be a hundred thousand people attending, we feel that three dollars per person for food, beverage and souvenirs (s not out of Ilne, that we could protect the City and their Investment this way. The final thing that I would like to say Is that they are very close, hopefully, to getting the ESPN to Dover the event. Mr. Mayor, If you have no further questions of me, I have in front of you the resolution which you and the Cannlssion asked me to negotiate and put together and I so move at this time that an amount not to exceed that which was set by the Crnmission of three hundred thousand dollars be authorized, giving myself and Cesar Odio the authorization to proceed as they cane forth with signed events. I will answer any questions that the Carmisslon might have. 91 4 October 10, 1985 Mayor Ferre: All right, there is a motion on the floor as presented dated October 9th. It is a memorandum from Sergio Pereira and a resolution that is attached. Is there a second? Mr. Perez: Second. Mayor Ferre: Is there further discussion? Mr. Plummer: Fxcuse me, yes, Mr. Manager. Mr. Pereira: This is the resolution that we will be getting money back frap the concessions? Mr. Plummer: Yes, the money Is a hundred per cent guaranteed return of the concession. They are all ours. Mr. Manager, I even went one step further. We get any of the national sponsors that are of the food and beverage. Such as attitude adtustment, Coke Cola, any of that is our revenues cone back to protect the City's money. Mayor Ferre: All right, this has been moved and seconded. Mr. Manager, I would imagine that before you final the signing of the final contract, that you would corns back to the CoYtplssion so that we could see the final contract. Mr. Plumper: Mr. Mayor, this Is a contract In front of you that is... Mayor Ferre: I don't see that. What I see is a resolution that specifically... Mr. Plummer: No, sir, it's backed up. What it does in effect, is that every time they get a corrm i tment for an event, they woo l d get a percentage of the money, because Mr. Mayor, we would have to come back ten or twelve times before this Crnmission. Mayor Ferre: Ok. In other words, what you are say(ng is that this resolution will cover the full three hundred thousand... Mr. Plumper: That is what I'm told, that this would not to exceed that amount, but it may not be that amount depending on the number of events and protected spectators and participants. Mr. Mayor, this thing, if it wells together has the potential of twenty thousand participants. A hundred fifty- four softball teams would be involved. You have hcw many people runn(ng? .~' Mr. Odic: We have two thousand in one and ten thousand in the other. Mr. Plummer: And as you are aware, this is the same group Mr. Mayor, that have put on the Orange Bowl Marathon every year. Mayor Ferre: fVo, I know. I'm well aware of all of that. The point I'm trying to get Is that...Nvw, we are going to be... the concessions are ours. Is that what you are saying? Mr. Plumper: A hundred per cent. That's food, beverage and souvenir. Mayor Ferre: Haw much is it estimated that we will get back through that? Mr. Plummer: Mr. Mayor, depending on the amount of people that they have involved. If they have what they protect of a hundred thousand people, we feel three dol lars per head is reasonable. We would get every penny back and if they don't have that many, they cannot show us in protections that many. They would not get the three hundred thousand. Mayor Ferre: Mr. Plumper, as you know, I have been an advocate of this from the very very first day that It was presented and I'm all for It. It's these kind of events, Grand Prix and these type of events that really make the difference and Miss Universe, this Is another one and it will put national and maybe even an international spot Ilght on Mtamf. I think this will pay for Itself ten times over. So, I'm ready to vote. All right, call the roll. gl 5 October 10, 1985 ~; :~ ,. P.., ~ ` ' T .. .....~_. The following resolution was Introduced by Commissioner Plu~mier, who moved its adoption: RESOLUTION Nb. 85-1020 A RESOLUTION ALLOCATING AN AMJl.1n1T MOT TO EXCEED $300,000.00 FRQN CONTINGENT FUND, SPECIAL PROGRAMS AND AOOOI~NTS, TO SUPPORT THE MIAMI WINTER GAMES TO BE HELD PRIMARILY IN DCyWINTCMM MIAMI iN FEBRUARY AND MARCH, 1986, AN INITIAL OUTLAY OF $50,000.00 FROM SAID ALLOCATION IS TO BE ADVANCED TO RUNNERS INTERNATIONIAL, INC., AS ADMINISTRATOR OF THE MIAMI WINTER GAMES, OONTINGENT UPON RUNNERS INTERNATIONAL, IINv., GUARANTEEING THAT THE RUNNING EVENTS OF SAID GAMES WILL BE HELD; FURTHER AUTHaRIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN A FORM AOCEPTABLE TO THE CITY ATTORNEY WHEREBY RUNNERS INTERNATIONAL, INC. GUARANTEES TO STAGE THE RUNNING EVENTS OF THE MIAMI WINTER GAMES WITH A FIELD OF LEADING INTERNATIONAL RUNNERS AND THE CITY WILL RETAIN ALL OONICESSIONS RIGHTS. (Note: Although absent on roll call, Commissioner Dawkins requested of the Clerk, later on In the meeting, to be shown as voting "LAID" on this motion. See minutes in connection with Federal Revenue Sharing discussion.) (Here follows body of resolution, emitted here and on file in the Office of the City Clerk.) Upon being seconded by Grnmissloner 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 LADES: Crnmissioner Miller J. Dawkins ABSENT: Vice-Mayor Joe Carollo 7. DIRECT ADMINISTRATION TO PERFORM CERTAIN iN-HOUSE IMPROVEMENTS TO THE GRAND PRIX TRACT IN PREPARATION FOR THE EVENT. Mr. Pereira: Yes, Mr. Mayor, since we are on pocket items if I may. I have been made aware that NBC Television will be telecasting the M(am( Grand Prix, which i think is a... Mayor Ferre: Mayor break through. Mr. Pereira: ... Mayor break through. It will certainly, you know put our ' City in the lime light, national television, incredible number of people that watch that program. As you know, this Crnmisslon has allocated monies for the track several meetings ago. I would like to ask the members of the Commission to authorize me to make sure that, that track looks in the area surrounding the track is beautified and it looks In a fashion that we will all be proud of when those NBC Cameras, you know, take the shots and aII... I )ust want your authorization to utilize our City forces to make sure that we are dressed and dressed well for that occasion. Mayor Ferre: What is the estimate of what that will cost Just for the record? Under a hundred thousand? Mr. Plummer: Mr. Mayor, I don't think there is any cost factor. Mr. Pereira: It's not a cost factor. Mr. Plummer: What we are trying to do for exa~le, the FEC is as we know is very barren. It's Just a flat piece of land and what we would like to do Mr. gl 6 October 10, 1985 °:: -._-- ~' ~" Mayor, Is to dress it up so that we make a good Image on T.V. and we can do in house... Mayor Ferre: That Coufd be very expensive. All right. Mr. Pluitrrier: I will move Mr. Mayor, to authorize the Manager to do in house the Improvements that he feels necessary for that event. Mayor Ferre: I will only vote for that on the basis that Conmissioner Plummer be Informed as to ongoing expensive and that if he feels they get out of hand he brings i t back to the C`,at1p i ss i on . Mr. Pereira: We will work together. Mr. Plummer: No. question. Mayor Ferre: All right, nav, is there a second. Mr. Perez: Second. The following motion was Introduced by Commissioner Plumper, who moved its adoption: MOTION N~. 85-1021 A MOTION OF THE CITY OO1vMISSiON AUTHORIZING AND DIRECTING THE CITY MANC,ER TO TAKE THE NECESSARY STEPS AND PERFORM IN-HOUSE IMPROVEMENTS TO ENSUE THAT THE GRAND PRIX TRACK AND ADJACENT AREAS WILL BE 7RIMVIED AND DRESSED-UP IN A FASHION THAT ALL MIAMIANS WILL FEEL PROUD OF AT THE TIME N. B. C. TELEVISES THE "GRAPD PRIX RACE" EVENT; FURTHER DIRECTING THE CITY MANAGER TO KEEP OCM~AISSIONER J. L. PLUUMER OONSTANTLY INFORMED AS TO POSSIBLE ESCALATING OOSTS IN ORDER THAT HE MAY BRING BACK THIS ISSUE TO THE CCNMISSION FOR APPROVAL OF SAID OOSTS IF NECESSARY. Upon being seconded by Crnmissloner Perez, the motion was passed and adopted by the following vote- AYES : Commm I ss I over J . L . P I urmmer , J r . Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Cormmissloner Miller J. Dawkins Vice-Mayor Jce Carollo 8 . BR i EF OCIM/IENT : I N OONdECT I ON W i TH RECENTLY HELD HEM I SPHER 1 C QONC,RESS OF MUNICIPALITIES. Mayor Ferre: All right, Catmmmissioner Perez. Mr. Perez: Mr. Mayor, first I would Tike to report the celebration of the third Interamerican Congress of Municipalities. I would Ilke to Inform that the event was a success. We have eight hundred fifty delegates that registered at the beginning of the congress. We have the participation of more than twenty Cot.~ntries. That I think that is very Important to clarify for the records against what sane media information said that we have only people fran two or three countries. Ccmnlssloner Plumper was there. Our City Manager was the MC of the Inauguration ceremony and we are very proud of the result. We have a representation fron different countries, fron Argentina, from Chile, Colcmbla, Costa Rica, Equardor, EI Salvador, Guatemala, Haltl, Honduras, more than twenty countries. I think that we have score presentative for each member of the Cotmission and also, this is a copy of the resolution that was approved last Saturday and that's what I want to leave for the record to make very clear. 9i 7 October 10, 1985 ~~` Mayor Ferre: Crnmissioner, I would say that in spite ail of the flack, I think obviously, you had a very successful Congress. You had representations of over what? Twenty-four countries... Mr. Perez: Twenty-two countries. Mayor Ferre: Twenty-two countries. We had the Vlce-President of Costa Rica here. We had maJor delegations from Panama and without any questions, scree times we don't see the results of these type of meetings, but in their respective countries and cities it had tremendous impact and I think it was money well spent and I congratulate you for the tremendous success that this year's conference had. Mr. Plummer: Mr. Mayor, may I make a canment. I of course, was there on two different occasions. I was there for the formal opening and I was also there to conduct a seminar on sister cities. I have to tell you Mr. Perez, that I have never attended an affair in which I saw the people with more interest. Usually, you find a lot of the seminars people run out and the don't attend and everybody is embarrassed, but I want to tell you that the people that were there, were very much interested in the things that were going on and I think that says a lot that you put very good programs together and as such, I congratulate you. This thing started off hopeful for three hundred people the first year and it has a trertiendous impact when you have eight hundred fifty cities that are represented in Latin and South America of which this City is the gateway and I think everyone of them are going to go bane with a great and nice feeling about the Clty of Miami and In particular, our colleague who put that thing together. So, t congratulate you for a great conference. Mr. Perez: Thank you so much. 9. PERMtT SALE OF ALOO~IDLIC BEVERAGES BY LIQUOR PACKAGE STORES DURING MJNTH OF DECEMBER ON EXTENDED HDQRS. Mayor Ferre: All right, next Item. Mr. Perez: Mr. Mayor, we have a letter... I think that each member of this Co'rmission have received a letter from CAMACDL, but any how what they want is to obtain the permission for liquor store business to remain open during the Sundays of the month of December 1985 which are the December 1st, 8th, 15th, 22nd and the 29th of December. Mr. Plummer: That's autanatic, We have done It every year. I second the motion. Mayor Ferre: All right, further discussion, call the roll. The following resolution was introduced by Carmissioner Perez, who moved ` Its adoption: RESOLUTION ND. 85-1022 A RESOLUTION PERMITTING THE SALE OF ALOOFIDLIC BEVERAGES BY LIQUOR PACKAGE STORES, NJT FOR CONSUvIPTION ON THE PREMISES (N.C.O.P.) ON ALL SUNDAYS DURING THE MONTH OF DECEMBER, 1965, DURING THE HDQRS OF 10:00 A.M. THROUGH 10:00 P.M. (Here follows body of resolution, emitted here and on file in the Office of the City Clerk.} Upon being seconded by Crnm i ss i oner P l um~mer , the resolution was passed and adopted by the following vote- gl 8 October 10, 1985 • AYES: Crnmissioher J. L. Plummer, Jr. Comrlsslover Denetrlo J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Crnmissioner Miller J. Dawkins Vice-~Aayor Joe Carollo 10. REFER TO CITY MANAGER REQUEST RECEIVED FRCM THE MARTIN LUTHER KING AS90CIATION FOR PHYSICAL SPACE AT A CITY FACILITY. Mr. Perez: Mr. Mayor, I would like to recognize Dr. Marshall from the Martin Luther King Association. Mayor Ferre: Is the... Doctor, we are waiting for you. Mr. Perez: Yes, Dr. Marshall have a petition about the possibility of using about eight hundred square foot of... Dr. Marshall: Mr. Mayor, Dr. Marshall, President of Martin Luther King Organization for commencement. We were trying to request eight hundred square feet of space free of charge In the City fn any Miami facilities is what we need for office space for our cam~encement to Dr. Martin Luther King. Mayor Ferre: You need office space for what? Dr. Marshall: For our corm~encement office for the Dr. Martin Luther King. Mr. Perez: That's the Martin Luther King organization. That is a well recognized ccnmunity organization. Mayor Ferre: No, I'm aware of that and there is a petition here... there is a petition by Anna Price. Is Anna Price here? This is not related to this is It? ,- Mr. Perez: I would Tike Mr. Mayor, to... Mayor Ferre: Is there any money involved (n th(s? t { • Mr. Perez: No, what they are requesting is only the space. Eight hundred } square feet of any Clty of Miami property. I think that it would be better to ~ Instruct the administration to deal with this case In order that they know the ~ location and more details. I don't think that you have a concrete Idea. Do you have any Idea about a particular place in mind or not? Dr. Marshall: Well, we were looking at the possib(Ilt(es of different spaces that the City had. Mayor Ferre: Well, we will refer this to the administration Doctor and we s will come back after... is there a time problem on the? Dr. Marshall: Well, we would like to get an office that... sane office space as quick as possible, so we can begin to do sane planning for a maJor event that we have that's caning up In January and sane other Items that's coming up before January and every thing else. Mr. Perez: Mr. Mayor, i think that due to the fact that we don't know the exact place and we don't have the proper Information, I think that It's better that the ad•ttinistration report to this Cortmisslon Mayor Ferre: All right, Mr. Manager, would you have someone on staff discuss It with Dr. Marshall and may we have your recamiendation at the next regular meeting which will be In November I guess. Mr. Pereira: Thank you, sir. I will. gl 9 October 10, 1985 L ^ .rte... •. i;,: Dr. Marshall: I also have a letter that was written. You said the November meeting? I also have a letter that I forwarded already to the Manager to be on the 24th agenda. October agenda, that 1 had already sent to the Manager. Mayor Ferre: Well, the October 24th agenda is Zoning. So, we will not be dealing with issues unless they are on an epergency basis. Mr. Plumper: It would be on the 13th. Dr. Marshall: On the where? Mr. Plumper: 13th of November. Dr. Marshall: Ok. Is it possible... Mayor Ferre: I assure you I will be here. Dr. Marshall: Is It possible that we can deal with the Manager a little soon, because we need an office to perhaps may be start working in to do something for the Dr. Martin Luther King mayor holiday and all of the activities we have to deaf with. So, we would like if it is possible that we can may be work out something with the Manager a little sooner than may be the November, because that's a based that we need at this particular time. We need some office space. Mr. Plumper: Well, tet's leave It this way. I think the best way to do it, If the Manager Came back to us October 24th, that's fine. If he can't, then It will have to be over to the Nove'riber 13, 1985. Dr. Marshall; with us. Mr. Plumper: schedule It f. Mayor Ferre: Dr. Marshall: Ok. Well, we would really appreciate if the Manager can deal Yes. He will schedule it as soon as he has an answer. If he an ~r the 24th. Fine. All right, thank you Dr. Marshall. Ok. Thank you, Mr. Mayor. 11. ALLOCATE $75,000 TO OOOONUT GROVE CARES, INC. IN SUPPORT OF THE YOUTH B0X I NG PROC~AM . Mr. Plummer: Mr. Mayor, I'm sorry Elizabeth Vlrrick called my office. Mayor Ferre: I'm going to bring that... Mr. Plumper: You are going to bring it up? Ok, fine. Ali right, sir. Mayor Ferre: Mrs. V(rrick, the Chair recognizes you ma'am. Ms. Elizabeth Virrlck: Thank you, Collie Coats, Assistant Director of Coconut Grove Cares Is going to put one brief Item before you and I'm going to put another brief item before you. Mr. Collie Coats: Mr. Mayor and Cannissioners, Coconut Grove Cares Youth Boxing Program and I know what Mr. Dawkins sa(d before he left. We are requesting a one twelfth allocation until this Item Is brought on the agenda on November. Mayor Ferre: How much is involved with a one twelfth? Mr. Coats: I think per month It's six thousand. Mayor Ferre: I can't hear. I'm sorry. Mr. Coats: Six thousand two hundred. Mayor Ferre: Mr. Manager, what's the administration's recompendatlon on this? gl 10 October 10, 1985 Mr. Carl Kern: Their annual budget is seventy-five thousand dollars. Mayor Ferre: Na, that's not my question, sir. Mr. Carl Kern: It would be ohe twelfth of that amount. Mayor Ferre: What's you recam~endation, sir. Mr. Kern: We recarmtend that they be funded one twelfth and that the matter be brought in Pbvenber for a full discusslon. Mayor Ferre: Ail right, is there a motion? Mr. Plumper: Well, Mr. Mayor, I'm happy to... you know, I'm happy to second a motion for discusslon. Mayor Ferre: I will be happy to make it. Mr. Plumper: Ail right, my question Is what Is the hold up? Are we still on the audits? Mr. Kern: No, sir. We will have It on the agenda November for full discussion of the city wide... Mr. Plumper: Well, what's wrong with this Commission approving the full amount today? Thfs is a City program. Now, this doesn't cane under the same kind of category as a festival or any of those things. This is a City program t n a C t ty fac I I I ty and you to I I mte a reason of why you on I y want to go one twelfth and I will listen, but if not. I want to tell you, I'm ready to move It today. I have been Involved in that program for fifteen years. Now, I'm willing to listen if you have got a Justification of Just one twelfth to be done today. There was a problem last year with the audits. I'm assuming that problem has been resolved. ~~ Mr. Kern: Yes, s(r. Mr. Plumper: All right, sir. Is there any reason why the administration only wishes to go one twelfth on a City program? 1 <~ Mr. Kern: The main reason Is that we are looking at aii the boxing programs _ as one unit. The police program. The Virrlck program. The City program. We want to cane back... Mr. Plummer: You wish to God that you could get the Police program as cheap as what she provides. That's what you are saying. Y Mayor Ferre: Let me Just say and I don't mean to cast any disparaging remarks } tewards anybody else. Elizabeth Virrick is eighty-s(x years old, I think... Eighty-eight. You are not cheating on your age are you? Mr. Plumper: Isn't it nice, Elizabeth, to reach the half way mark? Mayor Ferre: I want to tell you that to get a Miamian of the years of dedication of this woman to spend her time to deal with Inter-city youth, mostly Black, poor kids mostly from Coconut Grove, but from all over, as long as she Is involved, and as long as she wants, she has got my support for whatever she wants In the City of M12m1, and Otis it goes back to your days on the Cattnisslon. Mr. Plumper: Maurice, move the full amount. Mayor Ferre: Make your motion. That's fine. Mr. Plummer: No, you make It. Mayor Ferre: I move that the full amount be granted so that they don't have to be caning back here every month begg(ng for more money. Mr. Plummer: And Denetrto wouldn't dare not second it. So, I'm sure that he does. Cali the roil. gl 11 October 10, 1985 s: u: .~ ~: , -.--~ --- The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NJ. $5-1023 A RESOLUTION ALLOCATING AN ANbl,1<JT NJT TO EXCEED $75,000 FROM SPECIAL PROGRAMS AND AOODl1TiTS, OONTINGENT FUND, TO OOOONIJT GROVE CARES, INC. IN SUPPORT OF THE VIRRICK GYM YOUTH BOX11~ PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM AOCEPTABLE TO THE CITY ATTORNEY, WITH OOOOIUIT GROVE CARES, INC. (Here follows body of resolution, anitted here and on file in the Office of the City Clerk.) Upon being seconded by Crnmissioner Perez, the resolution was passed and adopted by the following vote- AYES: Commissioner J. L. Plum~r-er, Jr. Canplssioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre tVDES: None. ABSENT: Commissioner Miller J. Dawkins Vice-~Jlayor Joe Caro I I o 12. ALLOCATE $12,000 PER MJNTH (FOR 20 MONTHS) IN SUPPORT OF REDUCTION OF RENTAL FEES TO BE PA 1 D BY OOOOf~~1T GROVE CARES AT THE OOOOIVl.1T GROVE EXHIBITION CENTER. ' Mayor Ferre: All right, the next Item that I have is Anna Price. Mr. Plummier: Elizabeth, if you talk I will withdraw my motion. Ms. Virrick: I beg your pardon. I'm not going to talk but Just a minute. Mr. Plumper: That will cost you. i I Ms. Virrick: And how much I talk depends on you anyway. Mayor Ferre: We have already voted you money. 3 f Mr. Plumper: You have won Elizabeth. Ms. Virrick: NO, I'm talking about something else. You remember... probably you don't rimer, but last year you heard our expenses in connection with the antique show, which by the way is the only source of inoape other than donations that we have, other than our grants, and it keeps us going. The antique show. Last year you had a canplete accounting of what the expenses are, which are terrific, to put on that show each month, and you graciously deducted two thousand dollars from the cost each month and we were told that that was continued for this year. Evidently, someone gave us erroneous information, because the two thousand has not been deducted and what I came here this morning to ask you is to continue it over the caning ftscai year. The same as it has been the past fiscal year. ~: ~; ~r: Mr. Plumper: It's for that program right. It's for that program. Mayor Ferre: All right, what's the will of this Crnmission? Mr. Plummer: Mr. Mayor, I move that for Coconut Grove Cares which is a City Involvement participation, that that same policy continues. Mayor Ferre: All right, seconded by Carmissloner Perez, further discussion, call the roll. gl 12 October 10, 198b The following resolution was introduced by Cormiissloner Pl~trrner, who Waved its adoption: RESOLUTION N'3. 85-1024 A RESOLUTION ALLOCATINI;, A SlM NOT TO EXCEEb $2,000 PER AAJNTH FOR TWENTY MONTHS, FOR JANUARY 1, 1985 THROUGH SEPTEMBER 30, 1986, ALLOCATED FROM SPECIAL PROGRAMS AND AOOOIJ<VTS, OONTINGENT FU'~D, IN SUPPORT OF A REDUCTION IN RENTAL FEES AT THE OOOOI~tJT GROVE EXHIBITION CENTER FOR OOOOIaJT GROVE CARES, INC.; SAID ALLOCATION BEII~ OOI~DITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NJ. APM-1-84, DATED JANUARY 24, 1984. {Here follavs body of resolution, omitted here and on fife in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote- AYES: Catmissloner J. L. Plumrer, Jr. Commissioner Demetrlo J. Perez, Jr. Mayor Maurice A. Ferre NJES: None. ABSENT: Cutmmissloner Miller J. Dawkins V f ce--Mayor Joe Caro I i o Mr. Plumrer: Let me make very clear on the record, I make a clear cut distinction between a City involvement, direct involvement In an outside festival, and I want that very clear. I don't want anybody to misconstrued and with this one It is a great program. It is City involvement and I vote „yes". Mrs. Vfrrick: Thank you, and would you please tell Mr. Dawkins that i want to talk to him becausee what he said before he left....l've got... Mr . P I um~ner : Fie' s i n troub I e. t Mrs. Virrick: No, I do not think I will give h(m any trouble, but I'd Ilke to tell him a few facts of Ilfe. ~ Mr. Plumrer: You'll give him hell; that's what you'll give him. s 13. ALLOCATE $1,000 IN SUPPORT OF 'TOP LADIES OF DISTINCTION' PROGRAM TO BRING OORETTA SOOTT KING TO MIAMI FOR A OONFERENCE IN MARCH, 1986. Mayor Ferre: Alt Right, Anna Price, Top Ladles of Distinction. Ms. Price. Ms. Anna Price. Good morning. I'm here this morning representing Ladies of Distinction Incorporated, Miami Chapter. I'm asking the Crnmission to assist us in our efforts to bring Loretta Scott King to the Clty of Miami in mid March and I'm asking a considerat(on of support of at least a thousand dollars. Mayor Ferre: Ms. Price, let me ask you this. Have you asked the administration? Have you gone through the administrative procedures? Ms. Price: Have I gone through the City Manager? No, I have not. Mayor Ferre: Yes, to the administration, you know, we have to go through the administration. Is there any reason you didn't go through the administration? Ms. Price: Probably because I didn't know that was a procedure. 91 13 October 10, 1985 ~- Mayor Ferre: Yes, you don't come before the Commission and )ust petition. I think It's wonderful if we can get Loretta Scott King here. She Is a great lady and a great American, and represents the great American tradition. Now, and the foundation is important, and I certainly, I'm sure my colleagues are all in favor of It, but there are procedures and we live In a Country and a City of procedures and you have to follav procedures. Ncyw, let me ask you this. What is your total budget? Ms. Price: Our total budget will be approximately ten thousand dollars. Mayor Ferre: All right, and therefore what you are asking is for one tenth. Ms. Price: That's correct. Mayor Ferre: Now, will the County be supporting you in anyway? Ms. Price: That will be the primary source of support. Mayor Ferre: And are you getting private sector. Ms. Price: Eastern Airlines will also be Involved. Mayor Ferre: All right, I will... Ccrm~issloher Perez, I would like to move that the request to help bring Mrs. Loretta Scott King to Miami up to a thousand dollars be granted provided, however, one, that It has the Manager's approval; two, that after it goes through adnfnlstrative procedure too, that it be matched by another governmental agency and the private sector for at least the same amount as we are granting and that at the end of it there be an accounting far It. It doesn't have to be by the CPA, but some kind of accounting on numbers. Mr. Plummer: Crnmissioner Perez seconds the motion, call the roll. The follouving resolution was introduced by Mayor Ferre, who moved Its adoption: RESOLUTION ND. 85-1025 ti A RESOLUTION ALLOCATING AN ANplJn1T NDT TO EXCEED $1,000 FROM SPECIAL PROGRAMS AND AOOOI!<VTS, OONTINGENT FUND, IN SUPPORT OF TOP LADIES OF DISTINCTION, MIAMI CHAPTER, TO BRING OORETTA SOOTT KING TO MIAMI FOR A OONFERENCE TO BE HELD MARCH 15 , 1986 ; SA I D ALLOCATION 8E I IVG OOf~D I T I ONED UPON MATCHING FUNDS BEING CONTRIBUTED BY OTHER 0JVERNVIENTAL AGEDIES AND THE PRIVATE SECTOR AND UPON AND AO00l~1TING OF EXPENDITURES BEING PROVIDED TO THE CITY OF MIAMI; FURTHER OOI~DITIONED UPON SUBSTANTIAL OCMPLIANCE WITH CITY OF MIAMI ACMINISTRATIVE POLICE N0. APM-1-84, DATED JANUARY 24, 1984. (Here follows body of resolut(on, emitted here and on file (n the Office of the City Clerk.) Upon being seconded by Carmissioner Perez, the resolution was passed and adopted by the following vote- AYES: Commissioner J. L. Plummer, Jr. Commissioner Denetrio J. Perez, Jr. Mayor Maurice A. Ferre N'JES : None . ABSENT: Corrmissloner Miller J. Dawkins V I ce-{viayor Jce Caro I I o gl 14 October 10, 1985 14. REFER TO CITY MANAGER REQUEST FOR FUNDS RECEIVED FRCM MR. JAMES GUNN IN ODNNECTION WITH PROPOSED MILITARY OONFERENCE OUT OF WASHINGTON, D.C. TO OCME TO MIAMI. Mayor Ferre: All right, I have Mr. James Gunn. Ok, Mr. Gunn., you have a request here. I have rece(ved it. The chosen few and I ask you, sir, have you been through the administrative procedure of the City of Miami? Mr. James Gunn.: Mr. Mayor, I have not, and I sincerely apologize for not going through the proper channels There is a reason for ft and I would like to explain the reason and... Mayor Ferre: Very quickly, Jim. Mr. Gunn.: The reason is this. There were several cities mentioned at our last convention in Washington D. C. to the tune of what we would have our 1986 convention at. I was called on the phone Sunday by our president and he Informed me that the city is now in question for this military convention is down to two, Washington D. C. and Miami, Florida. Mayor Ferre: All right, Jim, in the interest of time and to simplify things, let me say that we in America have to be... we have to recognize our war heroes and I think you as a staff sergeant for the Marine Corp, and the campa(gn in Korea and others who risk their lives to fight for our Country deserve the type of recognition that is being requested. I think this convention could be important to the City. I don't think we can make a conclusion here. May I ask you respectfully, to go through the administration, since this is more than Just a thousand dollars and that the Manager will corns back... I think he can come back very quickly at the next Crnmission meeting with answer. if we can get a convention here that Justifies this kind of expenditure, if you can get matching funds from another government I(ke Metropolitan Dade County and get private sector participation, Eastern Airlines or otherwise, we will, of course, be there willing and ready to help. Ok. Mr. Gunn: Mr. Mayor, those are very kind words and here again, believe me I'm not debating with you, but my... we are meeting in San D(ego, California . December 1st of this year. Mayor Ferre: We will be back by October 24th with an answer. Mr. Gunn: And the only request at this stage, I'm asking for the City to bring three menbers down to Inspect the premise and we are only looking at three airplane tickets, two people out of Washington and one out of Boston and If that.... Mayor Ferre: Mr. Gunn, the Manager has authority to expend up to forty-five hundred dollars without Ccrrmission's approval. Three tickets won't cost that much. I Just don't... I think this is something that really needs to go through the administrative process. Now, if sanebody else wants to do otherwise, I'm available. So, in other words, 1 think this is a good thing and i think it has, you know... Mr. Gunn: I think It's one of the best things that happen to this city. You know, we... Mayor Ferre: I agree and I don't think anybody disagrees. 1 think we Just need to follow procedures, that's all. Mr. Gunn: Welt, I'm sorry that I came like this, but I... may be I panic for time, because I want to try to get these... Mayor Ferre: Well, but see the solution to not panicing for time, is do it with plenty of time so you don't get caught, but we will be back here October 24th, which Is two weeks fran today and we will have an answer for you. Mr. Gunn: Thanks a lot Mr. Mayor and Conmissloner Plummer and I'm sorry, Mr. Manager, that i did this In haste. I will try next time better. gl 15 October 10, 1985 Mayor Ferre: All right, thank you, Mr. Gunn. 15. APPROVE REQUEST RECEIVED FRpN THE "SOUTH FLORIDA BUSINESSMEN'S LEAGUE, INC." FOR A GRANT OF VENTURE CAPITAL FUNDS IN THE ANt~l~1T OF $1,000,000 TO ESTABLISH A LOCALLY-BASED MESBIC IN OO~NECTION WITH CONSTRUCTION OF THE BAYSIDE PROJECT - ESTABLISH BLUE RIBBON OCMJIITTEE. Mayor Ferre: t now would Ilke to recognize... Is Mr. Teele still here? Is Authur Teele... Mr. Teele, let me, if I may sir introduce the sub)ect. I'm sorry that Commissioner Dawkins is not here, because I knave this is a matter that is near and dear to his heart and we may have to postpone final voting out of courtesy to him. I would Tike to Introduce the sub)ect by saying the following. The South Florida Business League, Inc., a non for profit corporation of the State of Florida as submitted to minority small business Investment corporation which is MESBIC and through the Knight Foundation and application for funding so that they can participate in or purchase a MESBIC Corporation for the purposes of economic development, mainly, in the minority conmunitles, mainly, Black, but by law, of course, not limited to. There is a mayor MESBIC that might be available and Mr. Teele has discussed this, I'm sure with many people in Miami. He has discussed It with me. The sub)ect Mr. Manager, is economic development and redevelopment. Now, we have Miami Capital and the Director of Miami Capital is here at the present time that supposedly does some work in lending to minority firms In Miami. We also have same private sector and Metropolitan Dade County organizations. There is the BAC. There is also Metropolitan Dade County's Economic Development Agency. I forget the Warne of it. DEOO. The problem is that there is some many agencies around trying to get a hold of a solution and perhaps there is no other way, but for us to do this as a Joint generalized basis. However, I think there are severa I cr I ter i s that we rea i l y must dea I w l th and I wou I d i t ke to put those before this Cam~ission. The first one is that I think It Is time for menbers of the Black co<ttrwn(ty itself to deal with Issues on economic help In the B I ack com'nun (ty and I th I nk th I s i s scmeth I ng that we need to take very seriously. That's not to say and please, Mr. Weaver, as you walk In, since th I s i s a sub)ect that's dear to your heart, I don' t want to i n anyway dcywn grade the Importance of participation of the Chamber of Commerce, Important White businessmen in Mlamf and their zeal and Interest of helping p~otentlal Black business people, but I do think that somehow it's time for us to let Black people help Black people on Issues of economic development too. Secondly, we have an opportunity and I think we have to be careful ho+w we approach this opportunity, because Bayside and the City of Miami Crnmission or MESBIC or the Chamber of Corm'~erce or BAC or Miami Capital have really no control over who is hired and who is given an opportunity to have a business at Bayside. There is a ccnmitment on the part of the Rouse Company, but that commitment is almost self-contained and does not bring with It any kind of direct or indirect fiduciary responsibility on the part of any entity other than Rouse to supersede Rouse In the selection process, and obviously, they can't let go of the control as to who they want in their business. I mean, It their money, It's their shop, and they are going to go out, and perhaps try to get fifteen or twenty or twenty-five Black business shops within Bayside. How _ we approach that, how we lend the money who is selected, the type of training that is involved, the dealing with the possibility of success Is both complex and one where there Is no assurance of success. I might point out that Black and White In Baltimore and in Boston, the success of new ventures is very tangible. I mean, I have to forget whether it's thirty or forty per cent of those businesses do not succeed and It has nothing to do with race. I do think that... all I'm pointing out is that there is an opportunity for us to approach It in an Intelligent united way with an entity whether It be MESBIC or otherwise with the support of entitles Ilke Miami Capital, with the support of Rouse, with the Chamber in same kind of a united way. Now, lastly, there is a problem that I think we need to identify and that is do we try to concentrate the effort in one entity. I think we are going to have to do something like that. We cannot have the Martin Luther Ktng Corporation, the Mlaml Capital, DEO0, BAC, the Chamber of Commerce and the South Florida business league competing and not talking to each other and vying for ways to solve this problem. I think that... and MESBIC approach makes an awful lot of sense, because MESBIC, for those that do not know, have a very large multiplier, and as a consequence for every dollar that you raise, it Is gl 16 October 10, 1985 matched substantially, and it would give us a tremendous amount of money that we would not otherwise have. 5a, I am open for suggestions. I would Ilke in closing before recognizing you Mr. Teele, and Mr. Weaver, I would like to recognize you for a cdrment, say that I would like J. L., to appoint a real top, top Blue Ribbon Crnmittee of people to work with us, and these are people that have both the kncywtedge, the background, and the Interest to be of help in approaching this whole problem. John Benbow who is with---what bank?--- Fiorida National. What's he president? President of Florida National Bank. Ralph Sanchez, who has certainly shr~wn himself to be a very savvy businessman, David Weaver who has dedicated a lot of time on his part to these type of problems, Thelma Gibson who is involved in Coconut Grove in trying to approach a CBO. Sandy Rosenblith who is with LISK, Otis Pitts who as president of Edison Little River Econanic Development, Dwayne Wynn who is a CPA and the Chairman of the Network, Dennis Nason who is Chairman... I mean, who is the director of Credit Swisse, but before that worked with a maJar American bank and I think we might... ft's time for us to start networking with international banking cotrmunitles. Mr. Herb Bailey of our own city, Hannabal Cox the vice-president of Eastern Airlines, Carl Palmer of Southeast Bank, who for the Chamber I think is leading... and is the Co-Chairman of Ernest Martin of Metropolitan Dade County, so that we have a cross over into the County, and John S?nith. Yes, because see these represent all different... See, John Smith from Steele Hector Dav(s is the lawyer that has been working in Tallahassee with a SBA approach. Now, these are Just people that I think ought to be considered for some kind of a conmittee to advise us and I would Ilke Mr. Bailey, Mr. Manager, if It's acceptable with you. Mr. Bailey. I would like for Mr. Bailey to be the Chairperson of that Carmittee. Mr. Pereira: That's fine with me sir. Mayor Ferre: Ok. Mr. Teele, haven said all of that I recognize you, sir. Mr. Authur Teete: Mr. Mayor and members of the Carmission, thank you very much for the opportunity to appear before you. As you have stated, i did forward to the members of the Commission and to the Manager the request for the grant. The grant, of course, as you have indicated would establish a MESBIC in Miami and the point that I would make is that I think that the MESBIC and the creation of a nationally accepted and recognized venture capital vehicle that has the potential for significant minority control and Input, while at the same time being a corporation for protlt, being managed in a manner that is required under the law is the type of response that we have to develop. I do respectfully. Y Mr. Mayor: Recognize and agree with virtually everything that you have said this morning, but I do think there is one point that should be made. The Black camiunlty Is not a monolithic cxnmunity. The responses are as diverse and should be as diverse as are the opportunities and the personalities. No one is concerned when a new bank is about to open Its doors in Miami or a new savings and loans and i think that given the dismal and absolute failure of the minority business corrmuntty, particularly, the Black carm~nlty in MIamI, we should not be as concerned about trying to create one structure, one monolithic structure to solve all problems, but we really should be looking at developing the smorgasbord of vehicles and options that can address the multitude of problems in the Black carmunity. I say that, because the vehicle that Is recognized by the snail business administration and the vehicle that is In place in many many camiunlties across this Country Is the MESBIC. In yesterday's USA Today Newspaper, there was a special story on minority business, and that article of USA Today made reference, repeated references to MESBIC as being one of the vehicles, the consistent denaninators that many of our successful businesses have used, and so, I would like to separate the notion of the MESBIC frem the Rouse Protect or from the Bayside Protect, but at the same time we do see the Bayside Protect, and the commitments that this Commission has made, and in fact has made a part of the agreement as being a _ unique opportunity to move this vehicle forward. Mr. Mayor, and members of this Camrlssion I would say that in Miami Florida, we have a unique problem, and we require unique solutions. I would note specifically, that there is not one Black owned car dealership in Miami, that there is not... or a Radio Station, or a Savings and Loan, or Credit Union. Things that are taken for granted In every other mayor city in America the size of Miami, we don't have It here, and It's time we started to ask ourselves why, and one of the reasons 1 submit, Is that the shall business administration which has done a lot of study in the area of minority business has developed the MESBIC as a recognized vehicle for leveraging minority dollars and minority funds, and we gl 17 October 10, 1985 don't have a MESBIC in this cotmtunity as well. Now, 1 respect, and I'm very glad Mr. Mayor, that you recognize the very dist(nguished civic activist and businessman David Weaver who Is here, who is probably one of the most successful venture capitalist In the area, and I respect the sincerity, and the ccrrmitment that Mr. Weaver has gone about his task of ensuring that the Bayside Protect has significant minority involvement as is required by the City Ccnmissioh, but I would also note Mr. Mayor, and members of this Carttnisslon, that Bayside has had ground breaking, that Bayside, In fact, will start leasing... will announce Its leasing offices within the next thirty days and we are still studying the problem of hcyw we are going to provide the minority venture capital, how we are going to provide minority expertise and training In this protect, and I will also, submit that when we open the protect sane eighteen months to two years from now, we will still be studying elements of the problem if we don't move forward, and I support the camnittee in concept Mr. Mayor, but I had hoped that the Carmisslon would adopt or approve... Mayor Ferre: Plan to do that in principle. Mr. Teele: Would adopt the principle of the MESBIC and I would personally like very much to work w(th the Manager, because I think that if It's going to be institutionalized and if we are going to be able to institutionalize solutions to the minority Camtunity, we s(mply must Involve the top persons, and I'm very appreciative that you have appointed Assistant Manager Herb Batley. Mayor Ferre: Precisely for that reason. The Manager can always be there, but I want to make sure that Mr. Herb Bailey who is one of the top four people in the City under the Manager would be the coordinating factor in it. I want the City government to be directly involved in this process. Mr. Teele: In conclusion, Mr. Mayor, I am here today to urge this Crnmission to adopt and support the concept of the establishment or at least studying... going on record as studying the feasibility of a MESBIC. Mayor Ferre: All right, sir. Mr. Teele: That's one issue, and the second Issue is that if we can move forward, t am supporting and urging the Ccrtmission at this time, or at a later time to consider the one million dollars of venture capital and loan dollars that have been set aside that have been appropriated, and set aside as being eligible uses under the MESBIC concept and Mr. Mayor, my only point as it relates to this, is time is of the essence. Mayor Ferre: I'm going to make a motion as soon as Mr. Weaver sits down. I'm going to make a motion exactly as you stated It. Mr. Teele: The protect is moving ahead and I think it puts Blacks and other minorities In a virtually Impossible position to develop a plan if they don't know what the vehicles are going to be that are going to help than imple~~nent the plan. Thank you very much. Mayor Ferre: Counselor, I agree. All right, Mr. Weaver. . Mr. David Weaver: For the record my name is David Weaver and I have an office at 800 Brickell Avenue. I would Tike to... I didn't know I was going to get an opportunity to speak this morning, but I would Ilke very much to support the Mayor's recattnended Blue Ribbon Cmmittee. I would Ilke to... Mayor Ferre: No, Mr. Teele's recamtendation actually. Mr. Weaver: Mr. Teele's recanYtendatlon of the Blue Ribbon Committee. I believe that what we are facing here is an opportunity of unprecedented proportions, either for tremendous success In Bayside, or an unacceptable failure, and Mr. Teele's point I believe Is extremely well taken that we are only eighteen months now having broken ground at Bayside, we are eighteen months away from the opening of that protect. Part of the understand(ng with the Rouse Company, between the City, and the Rouse Canpany was that up until one year prior to opening the Rouse Company would reserve fifty per cent of the spaces In Bayside for minorities and it was understood, although, never put in writing that half of those were going to go to Black entrepreneurs and half of those to Latins and other entrepreneurs. Now... gl 18 October 10, 1985 Mayor Ferre: Well, you know, what's going to happen there. The Latins are not going to be a problem, because there are probably ten thousand Latins that want a space there. Mr. Weaver: Precisely. So, I think the key thing is that we are now legally only six months away from that set aside deadline. Naw, in fact, the Rouse Canpany has agreed to work with the City and with the various representatives of the City, to try to extend that deadline, but we have a problem today and I think it is wonderful that you are approving the suggestion of a Blue Ribbon Carmlttee. We have in fact, already had several very preliminary meetings with representatives of the City and representatives of the County, of the B.A.C., the Chamber of Camierce and various other entities. I had the opportunity to speak this morning with Mr. Teal and Mr. Hill. I would hope that Mayor, you would be willing to listen to suggestions of same additional names, because I believe we should have a very broadly based group here. The key thing, and let me refer to the issue of the MESBIC, Mr. Teal referred to a MESBIC as part of the smorgasbord of financial sources and that is a very important Issue. We have available today for Bayside and for the minority element of Bayside, we have available a number of sources including $4,000,000 fran the Rouse Canpany, sane money from the County. There may be some money from the State ncw, with this new bill that passed the beginning of the month. There may be some Federal money and then there is money fran B.A.C., so it is extremely Important that we try to put this together and look at it as a smorgasbord, because we have got to look at the Issues of build out of space Mayor Ferre: Mr. Weaver, could I ask you to serve as co-chairman of that? Mr. Weaver: t would be happy to help In any way I can. Mayor Ferre: In other words Mr. Bailey would be the chairperson. You would be the co-chairperson, so I want to get a private and public sector Involved here. Mr. Weaver: Sure. Be happy to help with that, and may i suggest that there may be sane value to formalizing a relationship, not only with the private sector, but also with the County. I would like to chat with you about that. Mayor Ferre: Well, the County. That Is why I put Ernie Martin on that caYmittee, so that he can be the link with the County. Mr. Carollo: Maurice, what I think maybe we should do is go ahead and approve this sub)ect to the Blue Ribbon Cannittee and the Manager agreeing to all the terms that we have to go by. Mayor Ferre: This is all in principle. You have to come back to the specific, Mr. Manager, Mr. Carollo: They would have to Cane back, but agree to It in principle, sub)ect to the ... I make the motion that this be approved sub)eCt to the Blue Ribbon Ccrtmittee and the City Manager being (n agreement of the conditions and then bringing it back to the Cannissfon for the final approval. Mayor Ferre: We are approving in principle all the things that you have put into the record, Mr. Teale, and with this carmittee, and with the stuff that you have said Into the record too, Mr. Weaver. Is that clear now, what we are voting on? Are we ready to vote? Mr. Manager, is there anything that you want to add to this? Mr. Pereira: No, Sir, I think Mr. Weaver expressed what 1 would say, because we have had sane conversations In the past and I think that this Crnmittee, if you have a point, It wilt give us the opportunity to review this matter and Dane back with a solid recenmendatlon, Mayor Ferre: I would Ilke to ask that the offices of the Cattnisslon be Informed as to when meetings will be. Mr. Bailey, are you still here? Mr. Pereira: He Is here. Mayor Ferre: And I would Ilke to specifically in my office, for you to work through Carol Ann Taylor, who will be representing me and keeping me Informed, gl 19 October 10, 1985 ~l in your Catmittee. There may be others that may be needed to be added and that is something we will deal with as we move along. Mr. Carollo: Mr. Mayor, my staff person that I will assign to this particular committee wilt be Henry Jackson. Mayor Ferre: All right, so you have Mr. Jackson. You have Carol Ann Taylor, and each member of the Commission ... Gloria Perez fn Cannlssloner Plummer's office. Mr. Perez: Teresa Amenabar. Mayor Ferre: Teresa Amenabar In Conmissoner Perez' office and you will have to ask Miller Dawkins as to ... I think we need so'ne representation from Miami Capital on the committee. I would imagine that the best person should be the Chairman of the Board. Mr. Pereira: The Chairman - Juan Del Cerro. Mayor Ferre: He will be added also to that cortmittee. Do you have any other recommendations of people that you want to add, I will be happy to ... Mr. Perez: I would like, Mr. Mayor, to have on this crnmittee, Mr. Jose Novarro. Mayor Ferre: Mr. Jose Novarro. You submit the names and I th(nk there is no problems with adding any more people to this. A11 right, further discussion? Call the roll. The following motion was Introduced by Crnmissioner Carollo, who moved Its adoption: MO710N NO. 85-1026 t A MOTION OF THE CITY OF MIAMI CCNtJIISSION APPROVING IN PRINCIPLE REQUEST RECEIVED FROM THE "SOUTH FLORIDA BUSINESSMEN LEAGUE, 1NC." OF MIAMI FOR A GRANT OF VENTURE CAPITAL FUNDS I N THE AN1OllnlT OF ONE M I LL I ON DOLLARS TO ESTABLISH A LOCALLY BASED MESBIC, WHICH SHALL FUNCTION AS A FUNDING VEHICLE TO MAKE MONIES AVAILABLE TO MINORITIES PARTICIPATING IN THE BAYSIDE PROJECT, SUBJECT TO AGREEMENT FRCM THE CITY MANAGER AND A BLUE RIBBON OCMNITTEE TO BE CREATED IN OONVECTION THEREWITH; SUBJECT TO CERTAIN OTHER ODNDITIONS AS OUTLINED BEFORE THE CITY ODvMISSION ON THIS DATE; AND FURTHER STIPULATING THIS MATTER SHALL OCt-~ BACK BEFORE THE CITY OOVMISSION FOR FINAL APPROVAL. Upon being seconded by Commissioner Plummer the motion was passed and adopted by the following vote- AYES: Corrmissloner Demetrio Perez, Jr. Commissioner J. L. Plumper, Jr. Vice-Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins -; ~. ~` ~~~~~,. Mr. Carolto: Mr. Mayor, I would Just like to add that I think we feel lucky that so many people of the level that we see here and others are going to participate In this, but particularly that someone of the statue of Art Teele has taken the time and interest to cortte here and contribute to It the way he has. I think that Mr. Teeie hit the Hall right on the head. He said the bottom line of what we need to do to change score very Important things in this community, and particularly the Black cotnpunity. Thank you, Art. gi 20 October 10, 1985 16. AUTHORIZE SALE OF $17,000,000 CITY OF MIAMI FLORIDA INDUSTRIAL DEVELOPA~NT REVENUE BOrbS SERIES 1985 (BAYSIDE LIMITED PARTNERSHIP PROJECT) - AWARD SALE TO THE WILLIAM R. H~~i & OO., SHEARSON, LEHAMAN BROSL, INC. AND A.I.B.C. INVESTMENT SERVICES OORPORATION FIRMS; SU3JECT TO ODD I T I ON5 . Mayor Ferre: All right, we have now have an 11:00 o'clock item which we must take up, under the law. What Item is that, Madam City Clerk, Item Number 1? It is the sale of Industrial Revenue Bonds to be used only for the construction of the parking garage. City is the only conduit. Minority firm is involved. Yes, sir. Mr. Paul Goldberg: Mr. Mayor, my name is Paul Goldberg. I am with the law firm of Sparber, Shevin, Shapo and Heilbronner. We are bond counsel to the City for this bond Issue. It Is an industrial development bond for the Bayside Center parking garage. This bond Issue is not a General Obligation of the City of Miami. The full faith and Credit of the City are not pledged to this bond Issue. The City Is a conduit for this financing. The principle and Interest on these bonds are to be paid by the borrower, which is Bayside. We have a resolution which would authorize the sale of $17,010,000 of bonds. The underwriters were making an offer here today - William R. Hough and Company, Shearson Lehman Brothers, Inc. and A.I.B.C. Investment Services. This resolution authorizes the safe to be made to then. It authorizes that a contract to purchase be entered Into and that a preliminary official statement and an official statement be distributed in connection with this bond sale. Mayor Ferre: Would you read again the names of the companies (nvoived? Mr. Goldberg: William R. Hough and Company, Shearson Lehman Brothers Inc., A.I.B.C. Investment Services Corporation. Mayor Ferre: Are the representatives of those agencies, or those groups here? Yes sir? You represent WIIIiam Hough? Mr. Goldberg: Mr. is representing William R. Hough and Company. Mayor Ferre: Mr. Gore, you represent who? A.I.B.C.? Okay. Anybody else? Mr. Monobono, all right ... representing Shearson. Go ahead. All right, are there any questions from members of the Ccrtmission? Mr. Plumper: 1 have a question. Hav were these firms chosen? Mr. Goldberg: These firms were chosen by the applicant here, which was the Rouse Company, to negotiate the underwriting with them. Mr. Plumper: In other words, what you are saying for the record is, the City of Miami had no participatton in the selection of these firms. Unidentified Speaker: Perhaps we can clarify that. The transaction originally began as an Issue to be done through Miami's Off-Street Parking. Mlaml Off-Street Parking had advertised nat(onally and had done a search originally for their prior bond Issue and the firms of Shearson and Hough had been selected. We had been working on the transaction when it was originally contemplated to be an off street parking. Given the background and experience, when Dausch and the Rouse people finally negotiated the transaction, it was dectded it would be a City of Miami. Mr. Plummer: Excuse me. Decided by who? That is the question t have. Who made the decision to select these firms? This Crnmisslon never did it. Mr. Goldberg: It was our understanding that when Off Street Parking had originally appointed Its management team ... Mr. Plumper: But, they were taken out of the picture. Mr. Goldberg: Yes, sir. g1 21 October 10, 1985 ~:: Mr. Plunr~er: And they became a management firm. That Is all their participation is. I am asking agatn - who made the selection to bring on these other people? 5 c Mr. Goldberg: The Rouse Cdnpany was the one that ... Mr. Plumper: Is the Rouse Company ready to stand up and say that they p(cked these particular firms? Mr. Goldberg: It is my understanding ... they are here and they were asked to go upstairs. Would someone call upstairs? Mr. Pl~mr~er: Let them stand up! Mr. Goldberg: I will go upstairs and find then. Mr. Plumper: Mr. Mayor, I ask that this matter be deferred until such time as this question is answered. I am assuming, Mr. Manager, that the law firm, which Is local, was selected by this Commission. Is that correct, or were they also selected by Rouse? How was that ...? Mrs. Dougherty: We selected then, but they were ... Mr. Plumper: "We" are the Law Department? Mrs. Dougherty: No, you, the Canpission. Mr. Plumper: We did it by resolution? Mrs. Dougherty: Yes, but after we had selected, or reaffirmed the selection of the original parking authority. "We" - "you". Mayor Ferre: All right, there is a motion on the floor that this Item be deferred, unless there is a ... John is there a problen that creates any ... I mean, 1 hate for us to get Iht0 a problem with the Rouse Company. See, It may cost us a lot of money, J. L., to delay this any further. Mr. Dausch, I would recomTnend that when ... Mr. Plurrrner: Mr. Mayor, understand me. I am not ... Mayor Ferre: ... important things cane up that affect your company, that I know you are here, and I know, with all due respect to you and your coR~pany, know It is a bore to sit here through ail of this stuff, but all of a sudden these things come up and you are directly affected and, you know, you almost lost it. There Is a motion on the floor that this Item be deferred. Mr. Plumper: Mr. Mayor, the only reason for the deferment was to get the answer to my question, that Is all. Naar, if he can stand there right now - I don't want to defer! God knows I have been working very hard to try to bring this about. Mr. ... Mr. Pereira: Dausch. Mr. Planner: Dausch. There are fingers being pointed at this Crnmission, that we, the Crnmission, selected the firms who are the subs. I said that this Crnmission never made a decision as to who the subs would be. Mrs. Dougherty: You mean underwriters. Mr. Plumper: The underwriters, the subs, okay? I am saying that I want on the record - my question to Counsel was who selected these firms? On the record you are Indicating that the Rouse Company did the entire selection and that the City of Mlaml had no participation, Is that correct? Mr. James Dausch: We selected the underwriters, that is true. The City of Miami did not select underwriters. We selected them because they had ... Mr. Planner: Sir. I don't ask you to Justify. All I am saying is, I want it on the record that you made the selection. Mr. DausCh: I did. Id 22 October 10, 1985 .. ,, ~~ Mr. Plumper: Fine, sir. that fs alt. Mr. Mayor, the answer has been given. It Is clarified and at any time you are ready, I am ready to move it. Mayor Ferre: All right, we are ready. Mr. Carollo: Do you want to make the motion or do you want me to? Mr. Plumper: 1 will make the motion that Item 1 be approved. Mr. Carollo: Second. Mayor Ferre: Further discussion? Call the roll. The follouving resolution was Introduced by Crnmissioner Plumper, who moved its adoption: RE90LUT I ON IVO . 85-1027 A RESOLUTION AUTHORIZING THE NEGOTIATED SALE OF $17,010,000 CITY OF MIAMI, FLORIDA INDUSTRIAL DEVELOPMENT REVENUE BOLDS, SERIES 1985 (BAYSIDE CENTER LIMITED PARTNERSHIP PROJECT); AWARDING THE SALE THEREOF TO WILLIAM R . HOIX~i $ DD . , SHEARSON LEI-NIAN BROTHERS i NC . AJ~D A IBC INVESTMENT SERVICES OORPORATION SUBJECT TO THE TERMS AND OOI~DITIONS OF A PURCHASE OONTRACT; AUTHORIZING MUNICIPAL BOLD INSURANCE ON SAID BONDS; APPOINTING A TRUSTEE, PAYING AGENT AND REGISTRAR; APPROVING THE TERMS OF AND AUTHORIZING DISTRIBUTION OF A FINAL OFFICIAL STATEMENT IN SUBSTANTIALLY THE FORM OF THE ATTACHED PRELIMINARY STATEMENT, IN OONNECTION WITH THE ISSUANCE OF THE BOPDS; PROVIDING CERTAIN OTHER MATTERS IN ODIWECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, emitted here and on file In the Office of the City Clerk.) f Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote- AYES: Commissioner Joe Carollo Ccmpissloner J. L. Plumper, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice-Mayor Demetrlo Perez, Jr. Mayor Ferre: Mr. Dausch, while you are here, I understand that you are about j to take possession, legally, today or tomorrow. Is everything okay now? Mr. James Dausch: As far as I can tell, everything is going along towards the possession date, which will occur, I think, as soon as a couple of legal opinions are drawn, and the actual form of the deed to that reversionary site that Commissioner Plumper ... Mr. Plumper: in the mean time, you have broken ground, because I have got a speech I am making tomorrow and I don't want to be a Ilar! Mr. Oausch: If you go out there today, because 1 Just left the site, there are same fences being put up. There Is a big crane that Is being assembled to do the test spots here. Yes, we have started. tr 5-~;.... . Mayor Ferre: started! All today? Id Okay, good. Tell the crane to dig a hole so I can say we have right , thank you . I s there anyth (ng a Ise we ca.n do for you 23 October 10, 1985 17. AUTHORIZE EXECUTION OF AGREEMENT WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR RELEASE OF DEED RESTRICTIONS ON LANDS ADJACENT TO BAYFRONT PARK. Mr. Plumper: Mr. Manager, let me make a brief report to you. As you know, I went to Tallahassee and represented this Commission in front of the Cabinet. Mr. Gilchrist has forwarded to you a copy of the results. I feel that they were very, very beneficial. What basically !s the result is that we now have a commitment of 7.4%, reduced down frcm 17.8%. This money, as you know, will be held in trust by the City for acquisition of further properties, either on the water, or close to the water, with cabinet approval. They did specify and outline the Carmiodore Bay tract as their number one priority. If the Save Our Coast Committee, or the Coral, purchase that property, the City is committed to 5096 of the purchase price from this fund. if the City aloes not have sufficient funds at the time of acquistion to cover 5096, the City agrees to go to 17.8%, until that fund has reached the 5096 level. It would revert back then for the remainder of the contract to 7.4%. The other stipulation that was included, that if the City did not have the monies in the beginning, that the City would have 5 years to accumulate the monies, interest free, but if the City did not have the mx~ney, after the 5th year, we would pay the regular State ordained percentage of Interest. Mr. Mayor, I th(nk that this was a very f I ne recovery for the C I ty . What I t has i n effect done, has f reed up $62,000,000 of the monies for the City from the revenue of Bayside, and I take my hat off to Mr. Ron Brook, to Mr. John Gilchrist and the ones who went up and made this presentation. I don't know, is that 31, 32, or 33? I am told It Is 34. Mr. Rosencrantz: 34. Mr. Plumper: Mr. Mayor, based on that, unless anyone has any questions, I will go ahead and move 34, which is that which I Just mentioned. Mr. Corolla: Second. Mayor Ferre: There is a motion and a second on 34. Further discussion? Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved Its adoption: ~" RESOLUTION NJ. 85-1028 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEC~JTIATED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR THE RELEASE OF DEED RESTRICTIONS ON CERTAIN LANDS ADJACENT TO BAYFRONT PARK WITHIN THE BAYSIDE SPECIALTY CENTER LEASED AREA MORE PARTICULARLY DESCRIBED HEREIN; AND FOR THE ESTABLISHMENT OF A TRUST FUND TO BE FUNDED FROM 7.4% OF THE RENTAL INOCNE RECEIVED BY THE CITY FROM THE BAYSIDE RETAIL PARCEL LEASE FOR THE AOOUISITION AND IMPROVEMENT OF BAYFRONT AND RIVERFRONT LANDS WITHIN THE CITY OF MIAMI EXCEPT THAT IF STATE ADVANCES A PORTION OF THE PURCHASE PRICE FOR THE OOMMJDORE BAY AOQUISITION, CITY WILL REIMBURSE THE STATE FOR THE SUVI ADVANCED PLUS INTEREST AND THE CITY WILL INCREASE ITS OONTRIBUTION TO THE TRUST FUND TO 17.8% OF THE RENTAL INOOME RECEIVED BY THE CITY FROM THE RETAIL PARCEL LEASE UNTIL SUCH TIME AS THE PURCHASE PRICE PLUS INTEREST IS REPAID, AND FURTHER RESCINDING RESOLUTION NO. 85-923 ADOPTED SEPTEMBER 12, 1985 IN ITS ENTIRETY WHICH RELATED TO THIS SAME SUBJECT MATTER. (Here follows body of resolution, omitted here and on file (n the Office of the City Clerk.) Upon being seconded by Carmissloner Carollo, the resolution was passed and adopted by the following vote- Id 24 October 10, 1985 AYES: Commissioner Joe Carotlo C~rrrn t ss i over J . L . P I ummer , Jr . V I ce-~viayor Deriet r I o Perez , J r. Mayor Maurice A. Ferre NJES: Nbne. ABSENT: Cattpissioher Miller J. Dawkins ~?TE F17R Tt~_A_ AT THIS POINT, AGENDA ITEMS 31 AND 32 WERE WITHDRAWN. 18. AUTFIORIZE EXECUTION OF AMENCMENT TO THE MIAMARINA AGREEMENT WITH WAYSIDE CENTER LIMITED PARTNERSHIP TO INOORPORATE TERMS REQUIRED TO FACILITTE PURCHASE OF RIGHTS/TITLE/INTEREST TO THE NEW WORLD MARINAS, INC. AGREEMENT FOR MANAGEMENT OF MIAMARINA. Mayor Ferre: Agenda Item 33. Mr. Plummer: All right, is that the one that I asked for the amendment? Okay. Mayor Ferre: Is there a motion on Item 33? Mr. Plummer: What Is 33? Mayor Ferre: It Is the main Wayside Mlamarina. Mr. Plumper: I move 33. Mayor Ferre: Is there a second? Perez seconds. Further discussion? Call the roll. Mr. Plumper: SubJect to the satisfaction of the City Attorney's review. e ( Mayor Ferre: SubJect to C(ty Attorney. Call the roll. 3 z ~ The following resolution was Introduced by Commissioner Plumper, who ', moved Its adoption: RE90l.UT I ON IVO . 85-1029 A RE90LUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENCMENT 70 THE MIAMARINA AGREEMENIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH WAYSIDE CENTER LIMITED PARTNERSHIP TO INOORPORATE TERMS AND O01\DITIONS REQUIRED TO A~0001VMODATE ADVANCE PAYMENT OF RENTAL FUNDS TO THE C I TY BY WAYSIDE CENTER LIMITED PARTNERSHIP FOR THE PURCI~IASE OF ALL RIC~iTS, TITLE AND INTEREST TO THE NEW WORLD MARINAS, I NC . AGREEMENT FOR THE MANAC~T/ENT OF M I AMAR I NA . (Here follows body of resolution, omitted here and on file In the Office of the City Clerk.) Upon being seconded by Crnmissloner Perez, the resolution was passed and adopted by the following vote- AYES: Crnmissioner Joe Carollo Carmissioner J. L. Plumper, Jr. Vice-~Aayor Denetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Id 25 October 10, 1985 19. AUTHORIZE EXECUTION OF AGREEMENT BETWEEN PIER 5 BOATMEN'S ASSOCIATION, I NC . , THE ROUSE--M 1 AM I , I NI/ . , NEW WORLD MARINAS , I t~ . AND THE C I TY I N OONAECTION WITH THE TQUpORARY RELOCATION OF THE PIER 5 BOATMEN'S DOCKAGE FACILITIES TO FACILITATE CONSTRUCTION OF BAY5IDE SPECIALTY CENTER. Mr. John Gilchrist: Commissioners, Mayor, I have the agreement with the Pler- 5 Boatmen's Association, which is not on the agenda, but was worked out with ati of their signatures except one. Mayor Ferre: You want to take that before you do Item 35, is that what you are telling me? Mr. Gilchrist: Yes, sir. Mayor Ferre: Is this the agreement that you Just passed out? This is Mlamarlna agreement? Mr. Plummer: This is, Mr. Mayor, the agreement that you asked me to negotiate with the fisherman, which has been done and was ... Mayor Ferre: Would you give us a brief description for the record as to what.. Mr. Pltnmer: Brief description, Mr. Mayor, Is that the boatman will move from their present location within 15 days of notice. They will temporarily be placed at Watson Island. They will not pay a dockage fee there. Within 6 months they will moved to the monies which were allocated by this C',rnmission to the Pler 3 slip, or the FEC slip. They will then have a 5 year contract with the City. Then, they will go hopefully back into the Bayside area. The one thing that I had asked for that they recognize in this contract, that if they do not go back Into the Bayside, that they will not, and cannot come back to the Clty for any further moving expenses, if they choose to do otherwise. Other than that, this Is a contract as presented. Mayor Ferre: 1've got two questions. Mr. Plummer: All right. A j Mayor Ferre: One, this Isn't going to damage any other progress we may have with the 08.0 property, the FEC, In the future, Is it? i Mr. Plummer: No, sir. Mr. Gilchrist: At the City's discretion, they can be moved out of there. Mayor Ferre: Okay, so in other words, we can move them out at any time that something else Domes along. And, who is paying for attorney's fees? Mr. Plummer: That is included in the motion that was made before. The attorney's fees, Mr. Mayor, are being reviewed by the Law Department. We have an allocation of not to exceed $40,000. The attorney will have to Justify to the City Attorney on an hourly basis with an hourly fee and those monies are included in there not to exceed $40,000. Mayor Ferre: I am ready to vote. Mr. Plummer: I move it, Mr. Mayor. Mayor Ferre: Is there a second? Mr. Carollo: Second. Mayor Ferre: There Is a second. Further discussion? Catl the roll. Id 26 October 10, 1985 ,~, ~, :, ~,. The following resolution was introduced by Ca~tnissioner Plumper, who moved Its adoption: RESOLUTION NO. 85-1030 A RESOLUTION AUTHORIZING THE CITY MANAC~R TO EXECUTE AN AGREE1v~NT, tN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE PIER 5 BOATMENS A590CIATION, INC. AND ALL OF fTS MEMBERS THEREOF, RO115E-MIAMI, INC., NEW WvRLO MARINAS, INC. ANb THE CITY OF MIAMI SETTING FORTH THE TERMS AND OON~iTIONS FOR TEJNPORARY RELOCATION OF THE PIER 5 BOATMENS DOCKAGE FACILITIES IN ORDER TO FACILITATE THE OONSTRUCTION OF THE BAYSIDE SPECIALTY CENTER. (Here follavs body of resolution, cxmitted here and on file in the Office of the City Clerk.} Upon being seconded by Carmissioner Carollo, the resolution was passed and adopted by the following vote- AYES: Carmissloner Joe Carollo Cattnlssioner J. L. Piumrer, Jr. Vice-Mayor De~r~etr I o Perez , Jr . Mayor Maurice A. Ferre NOES: None. ABSENT: Canpissioner Miller J. Dawkins Mr. Plummer: Mr. Mayor, I take my hat off to Mr. Dan Kfpness, who at all times was very Instrumental in bringing this thing together, and trying to make a final solution, as well as the other people of the Fishermen's Association. When we got to meet with the people, they were not really Interested In a suit. They were really interested In their livelihood, and i think this an agreement in which all parties have cane out w(nners. Mayor Ferre: And I also want to take special note of the fact that both (n Tallahassee, before the Cabinet and in this particular item, it was J. L. Plumper who gave us the leadership and the involvement In solving this problem, and so I think this Is a good posit(ve forward step, and I congratulate him and Captain Kfpness. Of course, John Gilchrist, and ail of the people, we really have a great team. Mr. PIu7lrier: Please don't forget Mr. Ron Brook. Mayor Ferre: And Ron Brook. We really have a great team of people work(ng to solve these problems and move ahead. t wish everything In Miami would work as well as all these protects have worked. 20. EMERGENCY ORDINANCE: AMEND 9939 - INCREASE APPFOOPRIATIONS FOR BAYSIDE SPECIALTY PROJECT IN THE TOTAL ANlOI.!<VT OF $2,002,000 FROM VARIOUS SOURCES. Mr. Plumper: I move Item 35. Mayor Ferre: There is a motion that .. Mr. Gilchrist: That is an ordinance, sir. It takes a double reading. Mr. Plummer: You still have to have a motion and a second! Mayor Ferre: There is a motion. Is there a second? Mr. Perez: Second. Mayor Ferre: Second by Cernmpissloner Perez. Read the ordinance. } ~~ .~ .~~~ - __ la 27 October 10, 1985 AN ORDINANCE ENTITLED- Was Introduced by Commissioner Plummer and Perez, for adoption as an emergency measure requlrenent of reading same on two separate days, foliowing vote- AYES: Crnmissioner Demetrlo Perez, Jr. Commissioner J. L. Plummer, Jr. V i ce~-yor Jce Caro I l o Mayor Maurice A. Ferre AN EMERGENCY ORDINANCE AMENDING ORDINANCE NJ. 9939, ADOPTED DECEMBER 20, 1984, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING APPROPRIATIONS FOR THE BAYSIDE SPECIALTY CENTER PROJECT IN THE TOTAL ANt7lJrIT OF $2 ,002 ,000 AND I NCREAS I NG APPROPRIATIONS BY AN ANbI.lniT OF $149 ,000 FR~A 1984 STORM SEWER GENERAL OBLIGATION BCX~DS , AN ANiJIXJT OF $30 ,000 FROM 1980 SANITARY SEWER GENERAL OBLIGATION BONDS , AN AMJIXVT OF $1,823,000 FROM 1980 GENERAL HIGHWAY OBLIGATION BONDS FOR A TOTAL APPROPRIATION TO SAID PROJECT IN THE ANIOIXVT OF $4,000,000; OONTAINIf~ A REPEALER PROVISION AND A SEVERABILITY CLAUSE. NJES: None. ABSENT: Corrmissloner Miller J. Dawkins seconded by Crnmissioner and dispensing with the which was agreed to by the Whereupon the Crnmisslon on motion of Commissioner Plummer and seconded by Cormmissloner Perez, adopted said ordinance by the following vote- AYES: Commissioner Demetrlo Perez, Jr. Cammissloner J. L. Plummer, Jr. Vice-Mayor Joe Carollo Mayor Maurice A. Ferre NJES: None. ABSENT: Corrtnissloner Miller J. Dawkins SAID ORDINANCE WAS DESIGNATED ORDINANCE fVJ. 10046.= - y The City Attorney read the ordinance Into the public record and announced that copies were available to the members of the City Crnmission and to the public. 21. AUTHORIZE AGREEMENT WITH THE ALLAPATTAH MERCHANTS' ASSOCIATION FOR A LOAN OF $300,000 TO ASSIST IN THE OONSTRUCTION, EXPANSION REHABILITATION OF THE "LIVE AND LET LIVE OCNNERCIAL PROPERTY" (3520 N. W. 17th AVE) INTO A RETAIL/PHARNIAC I ES/NED I CAL/ART/OCAMERC I AL O17. VPLEX . r tf ~; e~ S Mayor Ferre: We will nav take up Iten 26 and Mr. Packingham and the Allapattah Merchants - Charlotte? Mr. Ralph Packingham: Good Morning. My name Is Ralph Packingham. I am the President of the Allapattah Merchants Association and we have the principals Involved, that is Involved in this protect, that we are requesting $300,000 to build a multi-medical facility In Allapattah, where Live and Let Live now exists at 36th Street and 17th Avenue. We have Dave Harris, who is a pharmacist; Ray Pleldes, who is a banker; Dr. B(cario who is a practftloner; Mr. Bolo, who is an architect; Mr. Silver, who is an architect; Herb Harris, who is an accountant; and Jean Ross, comptroller. We have the architect here, who can show you the plans for the facility. Unidentified Speaker: Mr. Mayor, and nmembers of the Commission, as you see here, we propose a one story medical and pharmacy, which Is going to ue a Id 28 October 10, 1985 medical arts building in this area and we propose to demolish Live and Let Live for pharmacy after Its oonstructloh. Accompanied here, you will see the cost estimates, the preliminary design costs estimates. On the bottom board cwr protection is $45 a square foot for this development. Any questions that you have as far as architectural construction questions, I will be happy to answer . Mr. Plummer: Well, the first question i have, Is this a non-profit organization? INAUDIBLE BACKGROI~D OCfVNIENTS NJT ENTERED INTO PUBLIC REODRDS. Mr. Plattner: Excuse me? Unidentified Speaker: Downtown Merchants Association. Mr. Plumper: Okay, but now, who .., you are not going to be the medical team? Mr. Frank Castaneda: Carmissloner, let me give you some background on this. Basically, the $300,000 has been allocated in the 10th year Cotmpunity Development block grant. Mr. Plumper: I am aware of that. Mr. Castaneda: For the Allapattah Shopping Center. The idea was to get a matching from UMTA grant to build a shopping center. The UMTA money has, as you know, gone down the drain, and we therefore looked at the different areas of 36th Street, where we could have same economic development type of Improvements. Mr. Plumper: Okay. Mr. Castaneda: At that time we took a look at the 17th Avenue, 36th Street area. If you are familiar with the area, there is a lot of investment In the area - the whole 36th Street area Is closed, boarded off, and we felt that we needed an anchor type protect to help the redevelopment of that Catmerclal area and to coordinate all of our efforts in that particular area. Mr. Plumper: Frank, I understand that completely! Mr. Castaneda: Let me keep going. A.M.A. -Allapattah Merchants Association came to us and their requesting the City of Miami to give them a 3% loan for 20 years. They are going to take that money and re-lend It to this corporation - to Llve and Let Live, at 996. They will also obtain a first mortgage on that property as the grantor. Basically, the difference, the 6% Is going to provide them with administrative funding to do other protects in that 36th Street, 17th Avenue district. Mr. Plumper: You are getting right to the heart of it. Who controls where that money is going to g0? Allapattah Merchants Association, at this particular Juncture has been basically the sole purview of the City from funding. Now, I am not about to allow Allapattah Merchants Association or anyone else to take that 6% and do what they want with it - If this City Carmission is going to retain the right to approve those protects - any protects that they cane forth with. I have no problem with the protect, but I want to know where that money I s go I ng to be used , and I think I t I s on I y right that this Cattpisslon shall approve all of that funding. In effect, it is City money. We are loaning It out In at 396, they are collecting 996, and in reality, the 6% should come back to the City. I have no problem leaving the 6% with then, because they know the area the best, better than I do, but I cannot sit here, as a Carmissioner, and allow them to run with that money, without Carmisslon approval. It has got to be! Now, I don't find that written Into the contract. What are you protecting on your amortization schedule that 696 would bring? Mr. Castaneda: $18,000 Mr. Plumper: Okay, that is fine. That is 696 per year. How many years Is the loan? Mr. Castaneda: It Is 20 years. Id 29 October 10, 1985 Mr. Plummer: 20 years, so that Is 18 times 20. That Is $360,000, or $1,000 a day over the 20 year period. Now, all I am saying to you (s, I have no problep with granting it. Give then money. It is allocated. it is there, but that 696 that they are going to be able to call a restricted fund, has to be approved of any expenditure of those funds by this Ccmmisslon! I lust don't understand how you can do It otherwise. Now, let's get Into the protect, okay? Into the protect Is that this is going to be somewhat of a medical center, as I understand It, with qualified and all types of medicine and pharmacy. All right, now, is that organization non-profit? Is it open to the general public? Mr. Castaneda: The organization is a for-profit business that have been in the area for 30 years and it is open to the public, but It private for-profit entity. Mr. Plurtrmer: And you have background checked all of the people that are involved In that profit making organization? Is that correct? Mr. Parkingham: Yes, sir. Mr. Plumper: I am talking to the City people naN. i can't hold you down the Tine responsible. I can hold him. Mr. Castaneda: Yes, they have been In the corn~x,inity. They have good credit. 1 don't understand what you mean by background checks. Mr. Plummer: You have done a background check on all participants. Commissioner Carollo was the one who went before this Cctmmisslon and rightfully made a basic policy statement, that when City monies are involved, we must know who the involvees are! And I don't want to say it in front of all of these people, but I've got to put it on the record - I don't know these gentlemen. I don't know if any of these gentlemen have skeletons in their closets. I am assuming that the City has done sufficient background checks, not only on the corporation, but on the individuals to make sure that this City will not be embarrassed at a later date. I don't know any of these people, okay? They might be the greatest people In the world and I am going to say that you are. That will knock out any arguments that you have, but I em saying the Clty has done the normal, routine background check on the people who are Involved. Mr. Erwin Harris: Mr. Corrmissloner, my name is Erwin Harris. I am one of the principals in Live and Let Live. Mr . P I u~nT~er : Yes , s I r . Mr. Harris: In order to clarify the principal background and save a lot of time, I am resident of Dade County, Florida, for over 35 years - born and raised In Florida. I am a mer~ber ... a C.P.A. in the State of Florida, t practicing in the County. Mr. Silver is a pharmacist, born and raised in Miami; Mr. Dave Harris Is a pharmacist ... ~ Mayor Ferre: Mr. Davis, Mr. Plummer wasn't in any way questioning you, or the Integrity of any individual. He has a fiduciary responsibility as an elected official, generically to do this with everybody and It has nothing to do with 1 you. It has got to do with us. That is his Job. Mr. Harris: Well, what you are really asking is, has this particular department checked the background of the particulars, not... Mr. Plumper: Exactly! Mayor Ferre: That Is a reasonable request, and it has nothing to do with you. It has to do with us. It is Just that this Is the type of thing that we need to do, not with you, with everybody! Naar, i think we are going along In a good direction. The Acfiinlstration is recCtm~ending this, and I lust have to ask Mr. Urra I see him standing next to Mr. Packingham - are you in agreement with all of this? Okay, so are there any further questions? Mr. Harris: And we are a for profit organization and we hope to continue. Mayor Ferre: All right, Is there anybody who would like to discuss or ask any questions of this group. The Acfilnistratlon has recommended this. Is there a motion? Id 30 October 10, 1985 ~` Mr. Perez: Do you support, Mr. Urra?.I move. Mr. Plummer: And I second It, as long as the amendment has been included. Mayor Ferre: It has been moved and seconded as amended. Call the roll. The following resolution was Introduced by Commissioner Perez, who moved its adoption: RESOLUTION ND. 85-1031 A RESOLUTION AUTHORIZiI~ THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ALLAPATTAH MERCHANTS ASSOCIATION (AMA), INC. FOR A MOAN OF $300,000 AND SECURED BY A FIRST MORTGAGE POSITION TO ASSIST IN THE OONSTRUCTION, EXPANSION AND REHABILITATION OF THE LIVE AND LET LIVE OCARMERCIAL PROPERTY LOCATED AT 3520 N. W. 17TH AVENUE INTO A RETAIL PHARMACY/MEDICAL ARTS OL7JMERCIAL OaVIPLEX; REALLOCATING $300,000 OF TENTH YEAR OdVfVX~I I TY DEVELOPlV~NT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY RESOLUTION NJ. 84-384 FOR THE PROPOSED ALLAPATTAH SHOPPING CENTER PROJECT WITH SAID $300,000 TO BE LOANED TO THE ALLAPATTAH MERCHANTS ASSOCIATION, INC. AT A FIXED RATE OF THREE PERCENT {396) FOR TWENTY (20) YEAR5 FOR REDEVELOPMENT OF SAID PROJECT AND WITH NO FUNDS BEING RELEASED FOR OONSTRUCTfON AND/OR REDEVELOPMENT UNTIL THE CITY HAS AOQUiRED A SECURED PROMISSORY NOTE WITH AN ASSIGNMENT OF MJRTGAGE TO THE CITY FRAM AMA; FURTHER PPoOVIDINa THAT A OOMMITMENT FOR THE ADDITIONAL LOAN ANgt~iT OF $225,000 FROM OTHER 90iJRCES MUST BE OBTAINED OR THAT IT BE DE7utONSTRATED TO THE CITY THAT THE SAID PROJECT CAN BE OaVIPLETED WITH PREVIOUSLY ALLOCATED FUNDS; FURTHER REQUIRING THAT THERE BE NJ EXPENDITURE OF ANY MONIES GENERATED BY THE AOCUV~JLATION OF INTEREST FROM A SECONDARY LOAN OF SAID $300,000 UNLESS SUCH EXPENDITURE SHALL HAVE BEEN APPROVED BY THE CITY OCMUI I SS I ON . (Here follows body of resolution, omitted here t and on flie in the Office of the City Clerk.) Upon being seconded by Commissioner Plu~nner, the resolution was passed and adopted by the following vote- AYES: Carmissioner Joe Carollo Cemm(ssloner J. L. Ptum~ner, Jr. Vice-Mayor Denetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Ccrtmissioner Miller J. Dawkins 22. APPROVE MINUTES OF REC~JLAR CXnMIISSiON MEETING OF JULY 18, 1985 AND PLANNING AND ZONING OCNMISSiON MEETING OF JULY 25, 1985. Mayor Ferre: We now move along to the approval of the July 18th meeting. Is there a motion of approval? ... and the Planning and Zoning Commission meeting of July 25? Perez moves, Plummer seconds. Further discussion on approval of the minutes? Call the roll. UPON NbT10N duly made and seconded, Crnmisslon minutes of July 18, and 25, 1985 were approved by the following vote: Id 31 October 10, 1985 --~ AYES: Crnmissloner Joe Carolly Corm I ss I oner J. L. P I uhmer , J r. Vice-Mayor Derretrto Pere, Jr. Mayor Maurice A. Ferre N3ES: None. ABSENT: Carmissoner Miller J. Dawkins 23. CONSENT AGENDA. Mayor Ferre: The Consent Agenda: Well, we want to wait until Miller gets here. Mr . P i urrrrer : You can a l ways pu l l i t back . Mayor Ferre: A11 right, are there any Issues on the Consent Agenda that need to be removed from the Consent Agenda per se? Mr, Plummer: Mr. Mayor, I would Ifke to pull item 8. Mayor Ferre: Item 8? Go ahead. Anything else? Mr, Plurttner: No, sir. Mayor Ferre: Is there anything else on the Consent Agenda that needs to be changed or removed, other than Item 87 All right, Is there anybody who wishes to speak to any Item on the Consent Agenda? Hearing none, Is there a motion? Mr. Plummer: So moved. Mayor Ferre: Is there a second? Further discussion? Call the roll on the Consent Agenda. The following resolutions were Introduced by Ccrmrissioner Plummer, seconded by Crnmissioner Carolio and passed and adopted by the following vote: AYES: Corrmissioner Joe Carollo Crnmissloner J. L. Plummer, Jr. Vice-Mayor Demetrlo Perez, Jr. Mayor Maurice A. Ferre NDES: None. ABSENT: Commissioner Miller J. Dawkins 23.1 CLAIM SETTLEMENT - RICARDO ATANAY RESOLUTION NO. 85-1032 A RE90LUTtON AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO RICARDO ATANAY AND HIS ATTORNEY STUART F. BUSKIN THE SUM OF $6,575.30 FOR OCNPENSATION, STATUTORY ATTORNEYS FEES AND OOSTS, IN ADDITION TO A SUM NOT TO EXCEED $4,000.00 FOR MEDICAL BILLS, IN FULL, AND OCNPLETE SETTLEMENT OF TH I S WORKERS' OC7vPENSAT I ON CLAIM AND DEMAND AGAINST THE CITY OF MIAMI BY RICARDO ATANAY, UPON EXECUTION AND OQURT APPROVAL OF A STIPULATION AND JOINT PETITION AND OCMPLETE RELEASE AND DISCHARGE OF THE CITY OF MIAMI FROM THIS WORKERS' OCNPENSAT I ON CL.A I M AND DDVIAf~D UNDER FLAR I DA STAMES 440.20 (12)(b). Id 32 October 10, 1985 ~; r'' ~` •'7 Y `i ~~ -.v _...u.. ,~~ '~ 23.2 STREET CLOSURE - PARTS OF N.E. 1 ST. AND F~AGLER STREET FOR PARADE OF ANTIQUE APPARATUS. RESOLUTION NO. 85-1033 A RESOLUTION AUTHORIZING THE CLOSURE OF 3 AVENUE BETWEEN N. E. 1 STREET AND S.E. 1 STREET ANb THE CLOSURE OF FLAGLER STREET BETWEEN BISCAYNE BOULEVARD AND N.W. 2ND AVENUE ON OCTOBER 25, 1985, BETWEEN 1:00 P.M. AND 1:20 P.M. FOR THE PURPOSE OF ALLOWING A PARADE OF ANTIQUE F IRE APPARATUS , AIWJf_IrIC I NG THE 4TH ANNUAL F i RE DEPARTMENT MUSTER; SAID CLOSURE BEING OOI~DITIONED UPON APPROVAL OF THE POLICE DEPARTMENT AND THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES. 23.3 STREET CLOSURE AND ESTABLISHING EXHIBITION CENTER FOR 1985 IPOY RACE CAR EXHIBITION. RESOLUTI0N P4. 85-1034 A RESOLUTION OONCERNING THE 1985 INDY RACE CAR EXHIBITION TO BE OOPDUCTED BY THE DCJWNTOWN MIAMI BUSINESS ASSOCIATION, INC. AUTHORIZING THE CLOSURE OF DES K-~VATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A TEMPORARY EXHIBITION CENTER SUBJECT TO THE ISSlb4NCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE, AND INSPECTION SERVICES, FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT. 23.4 TEMPORARY PERMIT ALOOFiOLIC BEVERAGES - CERAMIC LEAGUE FAIR. RESOLUTION NO. 85-1035 A RESOLUTION GRANTING, UPON THE ISSUAI~E OF A TEN~ORARY PERMIT BY THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALOOFIOLIC BEVERAGES AND TOBACOO, THE REQUEST OF THE CERAMIC LEAGUE OF MIAM! TO SELL BEER FOR A TWO DAY PERIOD IN OONNECTION WITH THE 36TH AN~IAL CERAMIC LEAGUE FAIR TO BE HELD DECEMBER 7 AID $, 1985, IN KENNETH MYERS PARK; SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER AUTHORIZINW THE CITY MANAGER TO EXECUTE A TWO-0AY NONEXCLUSIVE OONCESSION AGREEMENT W17H THE ORGANIZATION IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 23.5 RATIFYING CANCELLATION OF CONTRACT WITH DOPY PRODUCTS OF AMERICA AND ACCEPTING BID OF ROYAL BUSINESS MACHINES. RESOLUTION NO. 85-1036 A RE90LUTI0N ACCEPTING AND RATIFYING THE FINDINGS OF THE CITY MANAGER AND THE ASSISTANT CHIEF PROCURQUtENT OFFICER ESTABLISHING THE FACT THAT DOPY PRODUCTS OF AMERICA, INC. FAILED TO PROVIDE THE CITY WITH THE EQUIPMENT AND SERVICES FOR THE LEASING OF EIGHT (8) PLAIN PAPER OOPIERS AND AOCESSORY EQUIPMENT, ON A OONTRACT BASIS, RENEWABLE AM1<1ALLY FOR USE BY VARIOUS CITY DEPARTMENTS AND AGENCIES, AND RATIFYING THE CANCELLATION OF THE OONTRACT PREVIOUSLY AWARDED TO SAID FIRM; FURTHER RATIFYING THE AOCEPTANCE OF THE BID OF ROYAL BUSINESS MACHINES, THE f~XT LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, AT A TOTAL PROPOSED OOST OF $48,290.00 USING FUNDS THEREFOR PREVIOUSLY ALLOCATED UNDER RESOLUTION NO. 84- 1376 FFia1A THE 1985-86 OPERATING BUDGET OF THE USING DEPARTMENTS; FURTHER AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, SUBJECT TO THE AVAILABILITY OF FUNDS FOR SI,JOCEEDING FISCAL YEARS. Id 33 October 10, 1985 i ~-° 23.6 AUTHORIZE PURCHASE EIGHT HEAVY DUTY RIDING M3WERS. RE9OLUTION Pb, 85-1037 A RESOLUTION AUTHORIZING THE PURCHASE OF EiC~-iT (8) HEAVY DUTY 36" RIDING MOWERS FROM DEBRA TURF INDUSTRIAL, INC. UNDER AN EXISTING STATE OF FLORIDA CONTRACT FOR THE DEPARTMI=NT OF PARKS AND RECREATION AT A TOTAL PROPOSEb OOSt OF $33,400.00; ALLOCATING FUNDS THEREOF FROM THE 1985 SPECIAL PROGRAMS AND ACOOLJ<VT, PARKS IMPROVEMENT FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCXREMENT OFFICER TO ISSN A PI~C~iASE ORDER FOR THIS EQUIPMENT. 23.7 ACCEPT BID - LANZO OONSTRUCTION FOR FAIRLAWN fVJRTH SANITARY SEWER IMPROVEMENT. RESOLUTION NO. 85-1038 A RE90LUT I ON ACCEPT t I~Ka THE BID OF LANZO OONSTRUCT I ON 00 . I N THE PROPOSED A~NtOI~VT OF $1,864,829.00, BASE BiD OF THE PROPOSAL, FOR FAiRLAWN NDRTH SANITARY SEWER (MPROVEMENT IN FAIRLAWN NJRTH SANITARY SEWER IMPROVEN~NT DISTRICT SR-5491-C (CENTERLINE SEWER) WITH MONIES THEREFORE ALLOCATED FRCM THE "FAIRLAWN NJRTH SANITARY SEWER IMPROVEMENT" AOOOII<VT !N THE ANbl1<VT OF $1,864,829.00 TO COVER THE OONTRACT OOST; AUTHORIZING THE CITY MANAGER TO EXECUTE A OONTRACT WITH SAID FIRM. 23.8 ACCEPT 81D - THIRTEEN SUPPLIERS FOR OFFICE SUPPLIES FOR ONE YEAR CONTRACT. RESOLUTION NO. 85-1039 A RESOLUTION ACCEPTING THE BIDS OF THIRTEEN (13) SUPPLIERS, AS IDENTIFIED ON THE ATTACHED TABLA_ATION ON BIDS, FOR FURNISHING SPECIFIED AND BALAfurE OF LINE OFFICE SUPPLIES, AS NEEDED, ON A CONTRACT BASIS FOR ONE (1) YEAR TO THE OFFICE OF PURCHASING - CENTRAL STORES AT A TOTAL PROPOSED COST OF $270,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86 INTERNAL SERVICE FUND -CENTRAL STORES; AUTHORIZINa^ THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THESE MATERIALS, SUBJECT TO THE AVAILABILITY OF FUNDS. 23.9 AOCEPT BID - SUPERIOR SEAWALL SERVICE FOR BULKHEAD REPAIRS TO WA I N'VR I GHT PARK . RESOLUTION NO. 85-1040 A RE90LUT I ON ACCEPT I NG THE BID OF SUPERIOR SEAWALL SERVICE , I NC . I N THE PROPOSED AAKXNT OF $31 , 210.00, BASE BID OF THE PROPOSAL, FOR WAINWRIGHT PARK - BULKHEAD REPAIRS WITH MONIES THEREFOR ALLOCATED FROM THE "WAINWRIGHT PARK RENJVAT I ONS " I N THE ANlOl~1T OF $31,210.00 TO DOVER THE OONTRACT OOST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A OONTRACT WITH SAID FIRM. 23.10 AOCEPT BID -ALL STAR SECURITY FOR CR04VD OONTROL AT ORANGE BOWL STADIUM ON OONTRACT BASIS. RESOLUTION ND. 85-1041 A RESOLUTION AOCEPTING THE BID OF ALL STAR SECURITY FOR FURNISHING CRCWN OONTROL AT THE ORANGE BOWL STADIUM ON A OONTRACT BASIS FOR OPE (1) YEAR RENEWABLE Af~IVUALLY TO THE OFFICE OF STAD I UMS A TOTAL ESTIMATED ANVUAL OOST OF $40,000.00; ALLOCATING FUNDS FOR THE FIRST YEAR FROM THE 1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER.TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (VOTE FOR THE REOORD: R-85-1041 was rescinded by M-85-1056. See label X42. Id 34 October 10, 1985 23.11 AOCEPt BID - OCMPLETED WORK MiRA OOfVSTRUCTION FOR WESTERN DRAINAGE. RE90LUT 1 ON IN3 . 85-1042 A RESOLUTION ACCEPTING THE OQVIPLETED WORK OF MIRI OONSTRUC710N, INC. AT A TOTAL OOST OF $765,940.45 FOR WESTERN DRAINAGE E-54 BID "A" AND AUTHORIZING A FINAL PAYMENT OF $3,829.70. 23.12 ACCEPT PLAT -ENTITLED D.C.M. MAINTENANCE FACILITY. RESOI..UT I ON NJ . 85-1043 A RESOLUTION ACCEPTING THE PLAT ENTITLED D.C.M. MAINTENANCE FACILITY, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SF~7WN ON SAID PLAT ; AND AUTHOR I Z I IV".a AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC REOORDS OF DADS OOUNTY, FLORIDA. 23.13 AUTHORIZE ISSUANNCE WASTE OOLLECTION LICENSES. RESOLUTION NJ. 85-1044 A RESOLUTION AUTHORIZIIV,~ THE ISSUANCE OF WASTE OOLLECTION LICENSES, PERMITTING BOB HELY AND GERALD PROCTOR, D/B/A/ BROWNING- FERRIS INDUSTRIES OF FL., INC., AND WILLIAM HERNANDEZ, D/B/A/ SUNSHINE SANITATION SERVICE, INC., TO OCNMENCE DOING BUSINESS UPON FULL OCIVPLIANCE WITH CHAPTER 22 OF THE OODE OF THE CITY OF MIAMI, FLORIDA. 23.14 ORDERIfN; ROADS AREA HIGHWAY IMPROVEMENT DISTRICT -PHASE I H-4512. RESOLUTION IND. 85-1045 4 A RESOLUTION ORDERING ROADS AREA HIGHWAY IMPROVEMENT -PHASE I H- 4513 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS ROADS AREA HIGHWAY IMPROVEMENT DISTRICT -PHASE I H-4513. 23.15 ORDERING CITY WIDE HIGHWAY IMPROVEMENT PHASE II H-4515. RESOLUTION Pq. 85-1046 A RESOLUTION ORDERING CITY WIDE HIGHWAY IMPROVEMENT -PHASE II H- 4515 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE OOST THEREOF AS CITY WIDE HIGHWAY IMPROVEMENT DISTRICT -PHASE 11 H-4515. 23.16 ORDERING CITY WIDE SEWER EXTENSIONS IMPROVEMENT - N.W. 47 AVENUE SR-5521. RESOLUTION N3. 85-1047 A RESOLUTION A RESOLUTION ORDERING CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT - N.W. 47 AVENUE SR-5521 C (CENTERLINE) AND DESIGNATING THE PRDPERTIES AGAINST WHICH SPECIAL ASSESSNENTS SHALL BE MADE FOR A PORTION OF THE OOST THEREOF AS CITY WIDE SANITARY SEWER EXTENSIONS IMPROVEMENT - N.W. 47 AVENUE DISTRICT SR-5521 C (CENTERLINE). Id 35 October 10, 1985 ~' 4 .'...:.... - ~~. or 24. DEFER DONSIDERATION OF PpOPOSED ACCEPtANCE OF B1D FROM MAGEN OORPORATION, PITMAN PFgTO AND RICH PHTO FOR PHOTOGRAPHIC SUPPLIES TO CITY DEPARTMENTS TO NEXT REGULAR MEETING. Mr. Plumper: Mr. Mayor, I ask that Item 8 be deferred until the next meeting until I have the opportunity to Meet with the Adpinistratlon with some questions that I have. I so move. Mayor Ferre: Ail right, there Is a motion and a second by Co~missioner Plumper that Item 8 be deferred - to be continued, rather ... Mr. Plumper: Yes, sir. Mayor Ferre: ... until the next regular meeting. Cali the roll, please. THEREUPON, on motion duty made and seconded, this Item was oontlnued to the next Compisslon meeting by the following vote: AYES: Conmissloner Joe Carollo Commissioner J. L. Plurmer, Jr. Vice-Mayor Demetrio Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: CcnTnlssioner Miller J. Dawkins 25. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: "SELECTIVE TRAFFIC ENFORCEMENT PROJECT - FY '86" ($784,418). Mayor Ferre: That brings us to Item 19. We are now on Item 19. Mr. Plup~ner: It takes four-fifths. Always happy to receive money, Mr. Mayor. I will move 19. Mayor Ferre: There Is a motion on 19. Mr. Perez: Second. Mayor Ferre: Ccnmissioner Perez seconds. Further discussion? Read the ordinance. AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SELECTIVE TRAFFIC ENFORCEMENT PRDJECT (FY '86)", APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $784,418 OavPOSED OF $392,209 FRaN THE UNITED STATES DEPARTMENT OF TRANSPORTATION THROIK~'f-i THE FLORIDA DEPARTMENT OF OCNMJVITY AFFAIRS ArD $392,209 FROM THE FY'86 POLICE DEPARTMENT BUDGET; AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE $392,209 GRANT AWARD FRCM THE UNITED STATES DEPARTMENT OF TRANSPORTATION; OONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Sys Was Introduced by Ccmnlssloner Plummer and seconded by Ccrm~lssloner Perez, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote- Id 36 October 10, 1985 AYES: Cc+mnlssioner Denetrlo Perez, Jr. or Cc>ttm I s5 I oner J . L . P I ummer , Jr . vice-Mayor Joe Carolto Mayor Maurice A. Ferre NJES: None. ABSENT: Carmissioner Miller J. Dawkins Whereupon the Cattm i ss i on on motion of Ccmm i ss i oner P l urrmier and seconded by Camnlssloner Perez, adopted said ordinance by the following vote- AYES: Cotitmissloner Denetrlo Perez, Jr. Ccrrtn I ss !oner J . L . P I ummer , Jr . Vice-Mayor Joe Carollo Mayor Maurice A. Ferre NJES: None. ABSENT: Commissioner Miller J. Dawkins SA I D ORD I NAPK:E WA5 DES 1 GNATED ORD I NAI~CE PC] . 10047j„ The City Attorney read the ordinance Into the public record and announced that copies were available to the members of the City Cormission and to the public. 26 . SECOND READING ORD I NANC.'E : AMEND i OF 8719 - ESTABLISH NEVV TRUST AND AGENCY FUND : "OQVIV1t~V I TY DEVELOPMENT OOl!<VTY SUPPLEMENT ( FY - ' 85-' 86) - APPROPRIATE $16,000. Mayor Ferre: Is there a motion on Item 20? Mr. Plummer: I move 20. Mayor Ferre: Second? Mr. Carollo: Second. Mayor Ferre: Is there any discussion on Item 20? All right, read the ordinance, please, on second reading. AN ORDINANCE ENTITLED- AN ORDINAfVCE AMENDING SECTION 1 OF ORDINANCE NJ. 8719 ADOPTED OCTOBER 26, 1977, AS AMENDED, THE SINMARY GRANT APPRbPR I AT I OI~lS ORDINANCE , BY ESTABL I SH i IVG A NEW TRUST AND AGENCY FUND, ENTITLED: "OCNNL~IITY DEVEUJPNENT OOL!<VTY SUPPLEMENT (FY'85-86)", AND APPROPRIATING $16,000 FOR THE EXECUTION OF SAME; •~ OONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on Its first reading by title at the meeting of September 12, 1985, was taken up for Its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Cc~rmissioner Carollo, the Ordinance was thereupon given Its second and final reading by title and passed and adopted by the following vote- AYES: Ccmnlssioner Demetrlo Perez, Jr. Commissioner J. L. Plu~ttner, Jr. V 1 ce-~Aayor Joe Caro I I o Mayor Maurice A. Ferre NDES: None. ABSENT: Commissioner Miller J. Dawkins Id 37 October 10, 1985 sr .. _.i THE ORO I N,n~E WAS DES I ' 'TED ORD i N.~~'-~' NJ 10048 . per The City Attorney read the ordinance into the public record ahd announced that copies were available to the menbers of the City Commission and to the public. 27. FIRST READING ORDINANCE: AMEND 40-105 ENTITLED "DISCRIMINATORY PRACTICES, FRAUDU_ENT STATEMENT, IMPROPER SOLICIATIONS, ETC., PROHIBITED PENALTIES: - PROVIDING ND PER90N IN CLASSIFIED SERVICE SHALL BE DISCRIMINATED AGAINST BECAUSE OF PHYSICAL OR MENTAL HANDICAP. Mayor Ferre: Item 21. This amends the Civil Service rules. Mr . P I umier : Move I t . Mayor Ferre: OisCrimination against handicapped. Is there a motion? Mr . P I u~tmer : Nbve I t . Mr. Carolio: Second. Mayor Ferre: Moved by Pumper. Seconded by Carollo. Further discussion? Read the ordinance. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING SECTION 40-105, ENTITLED "DISCRIMINATORY PRACTICES, FRAUDULENT STATEMENTS, IMPROPER SOLICITATIONS, ETC., PROHIBITED PENALTIES", OF THE OODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDIfW^ THAT IVO PER90N IN THE CLASSIFIED SERVICE OR SEEKING ADMISSION THERETO SHALL BE FAVORED OR DISCRIMINATED AGAINST IN ANY WAY BECAUSE OF PHYSICAL OR MENTAL HANDICAP; OONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was I ntroduced by Ccnm i ss i oner P I tamer and seconded by Co~ttn i ss I oner Carollo and passed on Its first reading by title by the following vote- _ AYES: Crnmissfoner De?netrio Perez, Jr. Ccrmi i ss i oner J . L . P l ummer , Jr . Vice-Mayor Joe Carollo Mayor Maurice A. Ferre NJES: None. ABSENT: Commissioner Miller J. Dawkins The City Attorney read the ordinance into the public record and ` announced that copies were available to the menbers of the Clty Crnmission and to the public. 28. FIRST READII~ ORDINANCE: AMEND 30-55 ("SPECIAL RATES") - PROVIDE SPECIAL RATES FOR ELECTRIC CART RENTAL AND GREEN FEES AT C I TY-C7IMVED ClOL.F OOURSES ON SPECIAL OCCASIONS. Mr. Plumper: Move Item 22. Mr. Perez: Second. Mayor Ferre: Plummer moves, second by Perez. Further discussion? Read the ordinance. AN ORDINANCE ENTITLED- AN ORDINAfVDE AMENDING SECTION 30-55, ENTITLED: "SPECIAL RATES", OF THE OODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDIN3 THERETO A NEW SUBSECTION (f) TO PROVIDE FOR THE ESTABLISHMENT OF SPECIAL RATES FOR ELECTRIC CART RENTAL AND GREEN FEES AT CITY-aNPED GDLF OOURSES ON SPECIAL OOCASIONS BY RESOLUTION OF THE CITY 001\RVtISSION; OONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was Introduced by Cannissioner Plurmier and seconded by Crnmissloner Perez and passed on Its first reading by t(t(e by the following vote- AYES: Crnmissioner Demetrio Perez, Jr. Ccrrmissioner J. L. Plummer, Jr. V I ce-~1Aayor Joe Caro I I o Mayor Maurice A. Ferre NOES: None. ABSENT: Carmissioner Miller J. Dawkins The City Attorney read the ordinance Into the public record and announced that copies were available to the members of the City Carrnisslon and to the public. 29. OONTINUING CONSIDERATION OF PROPOSED MINJRITY PROCUREMENT ORDINANCE FOR FURTHER I NFOFiMAT I ON . Mayor Ferre: CaYtnissioner Dawkins said he wanted to be here for 23. He said he would be here at 11:30 A.M. It Is 11:33 A.M. Let us watt another five minutes for him. ,~• Mr. Carollo: Mr. Mayor, I want 23 dewferred anyway today, whether Carmissioner Dawkins fs here or not. I'd like to get more Information on this department that we are creating. At the same time, I would like to look at the breakdown of the numbers a little closer. Mayor Ferre: Yes. Mr. Carollo: I don't mind, you know, putting sane guidelines as to where we are going, but when you have 6246 of one group and 25% of another and then you are sp I i tt i ng sane I n ha I f , those number don' t add up to me, and th 1 s I s a City, that outside of 8rickell and Coconut Grove, the rest of the City Is, you know, fairly humble in type of housing they live In, and their standard of living. Mayor Ferre: The question that you bring up, are question that needs to be addressed, ati members of the Carmission have a right to continue items. This Is obviously one that is controversial and It (s to be continued. Crnmissloner Carolio moves that this lter be continued. Is there a second? Mr . P I um~r~er : So moved . Mayor Ferre: It has been seconded. Under discussion 1 would Tike to say that I would like to commend the AcMinlstratlon, Mr. Manager, for the good work that has been done on this. 1 will be supporting the 17, 17, and 17% breakdown, with wanan being added as a special category, which will make up the 519b. I think that these are other Itens that we will have to talk about as we move along. Anybody wishing to say anything on this matter at this r point? It Is being continued, but of courtesy to those of you that have been waiting for the fast two and one-half hours ... Id 39 October 10. 1985 1~ Mr. Osvaldo de Soto: It wilt be only two minutes, or three m(nutes. Mayor Ferre: Go right ahead. Mr, de Soto: Mr. Mayor and Mr. Crnmissloners, my name is Osvaldo de Soto. My offices are at 1950 S. W. 27th Avenue. I happen to be the Chairman of S.A.L.A.D., Spanish American League Against Discrimination. I hear Mr. Carotlo, what he said, and would ask Mr. Carollo and the other members of the Crnmissloh to look into this matter as soon as possible. This Is a matter that should not be deferred anymore. This is a matter of tremendous Importance to the m l nor i t l es of th i s ccrrrmun i ty and I am speaking of B lacks, H I span i cs and warren as we I I , so I wou I d request of th I s Ccrttn i ss I on that the next time that this matter, everybody comes prepaared to discuss It at length. 1'!QlE FOR T'HE REmFiD : ODMM 1 SS 10«31 DA1MC I N5 QYTEFiFD THE MFf T 1 NG AT 11:39 A .M . Mayor Ferre: Mr. de Soto, since you are the President of S.A.L.A.D., and therefore represent a very Important agency deal(ng with minority problems in this camxrnlty, from a Cuban and Hispanic perspective, I would commend to you that you meet with Mr. Caroilo. t don't know whether you followed his statement. As I understood it ... i don't knave whether he is here, because I would like ... I don't want to misunderstand, or paraphrase things, but as I understood It, what he was saying is that the maJority of this community is Hispanic, and that the 17, 17, 1796 breakdown doesn't reflect that. That of course, brings up all kinds of questions that if the maJorlty Is Hispanic, then they a minority, and so on, you know, so we get Into an awful lot of discussion. There fs no real fair way of breaking these things down. I personally think that what (s being proposed, one-third, one-third, one-third, is a great step forward. It is not perfect, but it certainly is a step In the right d(rection. Mr . P l um~»er : The question , i s guess , does the Latin , B lack woman get 5 i %? Three times seventeen is 51l Y Mayor Ferre: Well, I think ... you know, I don't mean to ... Father G(bson would sometimes get upset when we got Into Issues. This is not a Feminist Issue. What we are talking about here is the right of woman to participate equally in ... and I don't think there is any question that they are an effective party. I don't think there is any question that over the decades, wnrnen have not gotten their fair share, because they were not given an equal opportunity - not because there were not Intelligent, not because they didn't know hCyw to do it, not because ... they Just didn't have the opportunity, and I think there is an obligation on the part of government to deal, as we have with other discriminated groups, to allow this segment of the ccxtmunity to participate, and I think, you know, we have a philosophical, ethical obligation to deal with a segment of our soC(ety that has not had equal opportunity. I think we need to make that up, and I think that Is what th(s is ail about. Ladies, I apologize to you for having spent two and one-half hours here and not being able to see a fruitful solution to the request, but please believe me, I am pretty sure that the maJority of this Corrmisslon - i don't think that that is where the problem is and, please be patient with us, okay? Mr. De Soto: Thank you very much, and I do intend to sit down with Comm(ssloner Carollo and discuss the other. Mayor Ferre: All right, I will recognize you In a moment. Mr. Carollo: This is the same item that I asked to be deferred? Mayor Ferre: Yes, but they wanted to be heard, to speak on the general Issue. Mr. Carollo: Well, Mr. Mayor, I have no problem with the idea, the conception of creating this sort of office. Where I do have a problem, is that the percentages that were given to each group, the breakdown of It - this community, you know, i have never been vocal about this, but I am seeing that this community id 6296 Hispanic, and every time we have a break on something, the Hispanics only get 2596, or 509b of whatever it Is being broken down Into. Now, we have 6296, and I think we ought to get mare, and yet there are a lot of very wealthy Cubans and Latin Americans in Key Biscayne and other parts of this County, but in the City of Miami itself, you have the poorest Id 40 October 10, 1985 Hispanics who live there, and they have as much, as many needs as other minority groups and I think we have to be fair, and break things down proportionately. That is all that I am saying. Mayor Ferre: As I said, we are not going to be debating or discussing this, since it has been deferred, but I dust out of courtesy to the ladles and gentlemen who have been here since 9:00 A.M., If they wanted to make a quick statement Into the record - very quick, we are not going to be debating it today, because that is what t don't want to get Into. Yes, Ma`am? Ms. Natasha Milan: No. Thank you, I realize that and I appreciate you at least letting us talk. My name is Natasha Milan. I am the President of the Coalition of Hispanic- American Warren, and I also represent the National Conference of Puerto Rican Women, and my only statanent would be that I understand what Mr. Carollo Is saying and I think I appreciate where he is corning from and I appreciate how you see It, but you must rarer that women of any co I or - ( t makes no d i f ference, we are warren, and we do want , as you see, that we need, so I thank you for that. Ms. Sandra Riggs: I am Sandra Riggs. I am President of the Wcmen's Chamber of Camierce and I am here today, speaking I think, for a coalition of warren, Including NABO and the National Association of Warren on Business, the Dade County and City of Miami on the Status of Warren, the Latin Professional Business Wanan's Assoclat(on and we would like to say that we have appreciated the effort that the City and the staff has given us in participating In the review of the ordinance. We are in support of the ordinance and we would ask your consideration In Including warren. Mayor Ferre: Thank you. See, we are doing exactly what I would hope we wouldn't do - you are making statements in favor of this. This matter is not being d I scussed now. You are not speaking to what I asked you to do and we are getting Into a discussion on the merits of it now. That Is not the purpose. We are delaying this Ms. Dorothy Sibley: I am Dorothy Sibley, Dade County Crnmisslon on The Status of Women, and I will accede to your request. Thank you. Mayor Ferre: Anybody else? Yes, Ma'am. Ms. Isabel Delpino: I am Isabel Delpino and I am with the National Association of Wanan Business Owners. I am a Hispanic and I am also a wanan. I think this ordinance .,. I agree with Ccmnissioner Carollo ... = Mayor Ferre: You are speaking to the the substance - you are now going to the substance of the issue. We will be discussing this when it canes up. Ms. Lopino: Okay. We are in agreement with the ordinance, not dust because of women, but it favors small business. Most of the people in our organization are small business people, and that Is why ... did I say sarrething funny? Mayor Ferre: No, it is not funny. It is that you ... we are not discussing the substance, and you are getting - I have told you twice not to do it, and you are getting right to the substance of it. We will be discussing it when It canes before the Crnmisslon at the next meeting. Ms. Delpino Okay, our 300 and so manbers are in agreement of the ordinance. Mayor Ferre: Thank you. Anybody else? Call the roll on the continuation of this Item. ITFaA ODIVTINUED. Upon motion duly made and seconded, Item 23 was continued by the following vote: AYES: Carmissioner Dernetr(o Perez, Jr. Crnmissloner Miller J. Dawkins Cormissioner J. L. Plummer, Jr. V i ce~ulayor Joe Caro l l o Mayor Maurice A. Ferre NOES: None. ABSENT: None Id 41 October 10, 1985 1 ~ 30. AUTHORIZE ACQUISITION OF LAND BY PURCHASE OR C~VNATION (LAND AT INTERSECTION OF N.E. 36TH STREET AND 2Nb AVENUE - ENTRANCE TO THE MIAMI DESIGN PLAZA). Mayor Ferre: We are on item 24, the Design Distr(ct Parking lot to be developed. Ms. Dougherty: Yes, sir, Mr. Mayor, that is my Item. The Off-Street Parking Authority has asked the City to condemn a piece of property that they want Incorporated In their Design Center. Mayor Ferre: Anybody have any questions on that? Any problems? Mr. Plurtmer: Nbve it. Mayor Ferre: Any questions from the audience? All right, there is a motion by Plumper. Is there a second? Mr. Perez: Second. Mayor Ferre: Further discussion?. Call the roll on 24. The following resolution was Introduced by Complssioner Planner, who moved its adoption: RESOLUTION NJ. 85-1048 A RESOLUTION APPFiOVI(Va AND AUTHORIZING THE ACQUISITION BY WAY OF PURCHASE OR CO~DEMNATICN OF THE PARCEL OF LAND LOCATED IN THE IMMEDIATE VICINITY OF THE INTERSECTION OF N.E. 36TH STREET AND 2ND AVENUE, THE ENTRANCE TO THE MIAMI DESIGN PLAZA AREA OF THE CITY, WHICH PARCEL OONTAINS APPROXIMATELY 5,000 SQUARE FEET AND WHICH IS MJRE PARTICULARLY AND LEGALLY DESCRIBED IN THE ATTACHED EXHIBIT A; FURTHER AUTHORIZING AND 4 DIRECTING THE CITY ATTORNEY TO TAKE ALL NECESSARY STEPS TO ACQUIRE SAID PROPERTY BY OpI`DEMNATION PROCEEDIN3S. (Here follows body of resolution, anltted here and on file In the Office of the City Clerk.) Upon being seconded by Crnmissloner Perez, the resolution was passed and adopted by the following vote- AYES : Corm i ss i oner Der~et r i o Perez , J r . Crnmissioner Miller J. Dawkins Camtlssloner J. L. Plumper, Jr. Vice-Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ~'- + ~ Id 42 October 10. 1985 ~ ~ 31. D19CUSStON AND TpVPORARY DEFERRAL OF PROPOSED OONTRACT WITH MIAMI CAPITAL DEVELOPMENT, INC. TO PROVIDE AN ADDITIONAL $500,000 IN FI~DS.(SEE LABEL X521. Mayor Ferre: Take up Item 25, Miami Capital. Mr. Plummer: Move it. Mr. Perez: Second. Mayor Ferre: Waft a moment, we have some discussion on that. Go ahead, Mr. Galley. Mr. Bailey: Mr. Mayor and members of the Commission. We are essentially asking here that this Commission approve the resolution here authorizing the Manager to enter into an agreement with Miami Capital, in a form that Is acceptable to the City Attorney and In a manner which would be acceptable and negotiated and agreed upon by the City and Miami Capital. Mayor Ferre: Are there any problems with the recommendations as you see It7 Mr. Bailey: There is a controversy. Mayor Ferre: Tell me what it fs. Mr. Bailey: it is not before you in the contract, but we are recommending in terms of the makeup of the Board of Miami Capital, that the City would have the right to appoint at least one-third of the membership. Mayor Ferre: You say the Manager? Mr. Bailey: The City. Mayor Ferre: You mean, to the Crnmission, or to the Attministrat(on? Mr. Bailey: From the Crntmission to the Manager. Mayor Ferre: I am sorry, sir. I didn't understand. What? _ Mr. Bailey: We are recam~ending that the City Commission of the Clty of Miami have the right to elect one-third of the board members of Miami Capital and maybe either the City Commission, or Manager. Mayor Ferre: Well, no, It is either/or. Mr. Plumper: How many board members are there presently? Mr. Bailey: 21. Mr. Alfredo Izaguirre: There are 21 members, sir. Mayor Ferre: Who are the mer~bers? Do you have a I I st of the m~ernbersh 1 p, please? Is the m~nbership a representative m~enbership? Mr. Iszguire: it is, sir. As a matter of fact, I think we have a couple of board metttsers here that are here on different Issues. Mayor Ferre: Is that the only Issue that you are here to speak on? Mr. Iszgulre: Yes, sir, because I have been instructed by the executive oannlttee to request ... Mayor Ferre: Let me see ... I am going to read Into the record the membership - Wanda Juan del Cerro, Dr. Roosevelt Thomas. Would you tell me how many of these are 81ack and how many are Hispanic? Mr. Dawkins: And how many of them live in the City of Miami? R~ ice'-~~.~f... ~« -;... .. Id 43 October 10, 1985 • Mayor Ferre: Is Roosevelt Thanas Black? Mr. Izaguirre: Yes, sir. Mr. Dawkins: Where does he Ilve? Mr. Izaguirre: I don't know his address at this moment, sir. I don't have It In my mind. 1 mean, t have always been ... Mayor Ferre: Mrs. Lorraine Dunn -she is Anglo, woman. Mr. Izaguirre: Yes, North Little River Chamber. Mayor Ferre: Cesar Phillips? Mr. Izaguirre: Black, Florida Peiwer and Light. Mayor Ferre: Demetrlo Perez, Hispanic; Lee Cole, Anglo; Blarx;o,a Hispanic; Rosa Castro Fineberg, Hispanic ... Mr. Izaguirre: Puerto Rican. Mayor Ferre: Well, we are not going Into sub-groups. This is Hispanic. Dr. Robert Chisholm ... Mr. Izaguirre: Hispanic. Mayor Ferre: Hispanic? Ron Harvey? Mr. Isaguirre: Black. Mayor Ferre: Herb Bailey. Mr. Isaguirre: Black. Mayor Ferre: Fie is ex-officio. Mr. Bailey: Correction, Mr. Mayor. I am not on the board. Mayor Ferre: Ex-officio. Mr. Isaguirre: He Is an ex-officio member, so are three directors. Mayor Ferre: Qulrantes, Hlspanfc; Rodriguez, Hispanic ferrate; Michael Gillis? Mr. Isaguirre: Anglo. Mayor Ferre: Orlando Urra. You have h!m twice! Mr. Isaguirre: No, only once. A, , ~.._. k +~s ~ -~ Mayor Ferre: That Is right, I am sorry. Urra, Hlspanfc. Fernandez-Guzman, Hispanic; Henry Robert Lamoth, Black; Rene Beal... Mr. Isaguirre: Black. Mayor Ferre: Is that a female? Mr. Isaguirre: It Is a female, yes. Mayor Ferre: Black. Otis Pitts, Black; Rodriguez, Hispanic; and Wilson ...? Mr. Izaguirre: Black, Overtown Ec:orwnic Development. Mayor Ferre: So, Blacks, they have six, Is that correct? Mr. Izaqulrre: Yes, it should be seven. Mayor Ferre: Haw many fenales do we have? Mr. Izaqulrre: We have Hilda Rodriguez we have Rene Beal, we have Lorraine Dunn, and we have Rosa Castro, that is four. Those are the ones you have. Id 44 October 10, 1985 Mayor Ferre: You have four, is that what you are telling me? Mr. Izagulrre: Yes. Mayor Ferre: Okay, so you have six Blacks, four females, Hispanics are ten. Ten Hispanics, six Blacks, four females. Anglos, three. So, tell me, I assume, that other than the females, the reason you are doing this this way, is it proportionate to the population? Mr. Izagulrre: Yes, also, we are doing It on a proportion basis of the cattnunity involvement of each one of the members. I mean, there are representatives frog the community based organizations - according to the City Crnmisslon wishes, Miami Capital has always tried to keep a cross section of the whole ccnmunity, and same of the people that are on the board are Involved in business, others are involved cc~miuntty--wise, as we have four directors of camxm (ty based organ I zat I ons . We have d i f f erent common I ty peop I e I nvo I ved and directors of organizations and we try to keep, ! mean, It's been that Mlaml Capital has the most wide-spread participation of the cannunity. We have meN~ers of the ... Mayor Ferre: Is there anything else you want to add, because we need to break up in about five minutes. Mr. Izagulrre: Yes, sir. I have been instructed by the Chairman, who unfortunately, cannot be present at this time, to request that the Clty Cormission, to allow Miami Capital to keep on working w(th the City, with the same involvement the City has had so far, of which the City has been represented by one City Commissioner in a direct voting manner, and four C(ty officials - one Assistant City Manager ... Mayor Ferre: All right, I think we are runn(ng out of time, and obviously this is going to be a heated discussion, so we will take this up when we reconvene this afternoon. I hate to do this to all of you, but I know this can't be settled in the next five minutes. Thank you, we will see you this afternoon. AT THIS POINT, THIS ITEM WAS T~VIPORARILY DEFERRED. SEE LABEL 52. 32. BRIEF DISCUSSION AND TOVPORARY DEFERRAL OF CLAIM SETTLEMENT - DE GUaVIAN (See Label 59). Mayor Ferre: We do have something that the Clty Attorney wants to take care of before we break up. Madam City Attorney, I recognize you for the purpose. Mrs. Dougherty: Yes, sir, Mr. Mayor, the family of the man who was shot by a police officer has sued for negligence - hiring negligence, retention of civil r(ghts, 1983 violation. The facts are that two probationary police officers, who were senior officers on duty at the time responded to a loud music call. there was an altercation. The homeowner was hit and fell to the ground, and _ subsequently ran into his house. The police officer followed him Into the house and the haneavner came after the police officer with a pair of shears. The officer fired. There was some question as to whether or not he was actually ran Into the bane, or was standing outside of the door. Aside from obvious problems in the case, the police officer has subsequently shot his girl friend and has confessed to being the pillow case rapist. He is no longer on duty, obviously. Mayor Ferre: What Is your recamiendatlon, Madam City Attorney? Mrs. Dougherty: $450,000. Obviously, the problem with the case Is, we do not have a witness that would be credible for the City's case. Mr. Dawkins: This is the only problem ... I will discuss it after I vote - go ahead. Id 45 October 10, 1985 ..R ,`. ~; ~. ~' _~~ Mr. Plumper: Well, but wait a mihute! Let's discuss it before we vote! You knav, I've lust got to put on the record, 1've got same strong problems with this. I really do, ahd it is not this individual case, but all like this case. Mayor Ferre: All right, let's continue this. Obviously we are not going to settle it In five mihutes. Mr . P I um~ner : A l l r i ght , we w i l t do i t when we cclr-e back . AT TH15 POINT, THIS ITEM WAS STEA~PORARILY DEFERRED. SEE LABEL X59. 33. PERSONAL APPEARANCE BY MR. OTIS SHIVER IN OONNECTION WITH INTENDED CANDIDACY IN THE CITY'S NJVEMBER ELECTIONS. Mayor Ferre: Now, before we break up, Otis Shiver has been very patiently waiting. He wants to read a statement Into the record. Mr. Shiver, I recognize you, sir. Mr. Otis Shiver: Mr. Mayor, I appreciate the opportunity to address you, gentlemen. I will make It brief. I have a very simple request. I don't knave ... I did ask you to make me same copies of a letter that I gave you. Did you do that, sir? Mr . P l urnrmer : Maurice? Mr. Shiver: Mr. Mayor? Mr. Plummer: We are getting it paw. Mr. Shiver: Ok, good, because, basically what I have to say is in that letter. My position on It, and we are now preparing an emergency hearing, If possible, to contest the action that was performed, or given and of the treatment I received from the 21st day of September, when I applied here, to be qualified as a candidate for the Mayor's seat in the City of Mlamt. 1 am asking you Gentlemen to correct that situation, qualify me publicly, openly, and above board. I am a qualified candidate. I Intend to run If it takes the next 10 years In the courts, and we have informed the Election Supervisor of Dade County that if he holds this election without Mr. Shiver on there ... this is from my attorney and I will get him to crnmence suit, that he may have to void the election and hold it over again, so I am saying, 1 am qualified in every way. It was a deliberate attempt, in my opinion. I don't know who perpetrated It. I hope some day to know, but I say now, I wish to be qualified as a legitimate, proper, American citizen and a former Camnissloner of this City, as a candidate for your seat, Mr. Mayor, with all respects, sir. Mayor Ferre: That is fine, Mr. Shiver. Mr. Shiver, let me say to you, on the record, so we, you and I, on the record, understand each other. We have talked about this in private. 1 wish to tell you, that I, as Mayor, have absolutely no obJectlons, with due process and your being on, and that is what is legally correct, and politically, sir, I want to tell you that i also have no obJectlons, because if anything, you would be doing me a favor. And I think that... I Just want to point out that the difference between having ten candidates In the mayor's race and eleven candidates Is not that much and I have been in races before when there have been... where i have had nine opponents or whatever and I Just... I have nothing but high respects for you and your service to the City. As you said, this is the land of the free and the land of opportunity and everybody Is welcome to contest for this seat In a democratic open way. Nov, Madam Clty Attorney, since we are about to break up, this is obviously a serious legal matter and we need your legal opinion as to where we stand and what you recormiend that we... Mr. Shiver: I would like to InterJeCt one statement. Mayor Ferre: Yes, sir, Mr. Shiver. Mr. Shiver: As this Is not my opinion, It's not one attorney's opinion, but It's the aggregate opinion collectively of about seven very prominent Id 46 October 10, 1985 attorneys who happen that I have known then all my life, well, for forty years; and they each agree that we have a good case and I can assure you that I do not intend to give In under any circumstances, If it takes the Supreme Court of the State, the Supreme Court of the United States and I will discontinue any further discussion, I ask you to qualify me here today as a proper, registered and qualified citizen and on the pr(nciples that I fought for ahd If they go down the drain I consider It an unamerican act. It was deliberate and if they go davn the drain today, I will regret any service I have performed for this Country for the principles. Thank you. Ms. Dougherty: Mr. Mayor, the City Clerk and I conferred about the matter after Mr. Shiver wrote us and Informed us of his obJections and we offered Mr. Shiver the opportunity to qualify. He at that time denied our offer and I believe It's probably too late for the absentee ballots to put then on at this time. So,... Mayor Ferre: So, what is your legal position? Ms. Dougherty: At this time It's simply too late to qualify. We gave him an opportunity and he dented the opportunity. Mr. Shiver: I dispute that Your Honor. I w(II say this. Now, the City Clerk cannot put me on the absentee ballot. I had a private conference with her at her request. I taped part of it and then she asked me not to tape it and If I please wouldn't because she wished to speak candidly and frankly. I turned my tape recorder off. I have It on record. I said I have no fear of you, Ma'am. I think that you are an honorable person. I have no fight with you Individually. Now, I disagree with you, Ma'am, in respect to this. She used the word "sample ballot" in my presence. She was not talking ballot. At least that registered in my mind. She may have referred to ballot later, but when she discussed It with me, it first registered in my mind as sample. Now, I don't care what she does with sample ballots. That is not a true case, no more than a test run Isn't a race. I will tell you this in case you gentlemen do not knew, but anyway I may not be on the absentee ballots, but now the decision to make a decision to put me on without being on the absentee ballots and I'm not concerned with that. 1 think I will get enough without the absentee ballots to be your next Mayor and you can qualify me today If you see fit to do so on the regular ballot. Now, I was told by your City Clerk or at least by the election supervisor of Dade County that the next decision would have to be either a court decision or your decision. It is not too late to put me on the ballot. So, and that is our position, my position and Irregardless of the absentee ballots I was speaking with her as a... on a - sample ballot. It was in my mind at least. Thank you. Mayor Ferre: Now, Madam City Attorney, again... Ms. Dougherty: Mr. Shiver, if ft's sufficient enough time and he Is waiving the ability to be on the absentee ballot, we don't have any obJection to your qualifying today to be on the regular ballot. Mr. Shiver: I will accept that. Mayor Ferre: Well, what's the will of this Crnmission? Ms. Dougherty: It's a ministerial act of the City Clerk and we have concurred - in her prior views that he should have been qualified at that time. Mayor Ferre: Will sormebody make a motion to that affect. Ms. Dougherty: Walt let's see what she says. Is It enough time? Ms. Hirai: I Just called... Mayor Ferre: That's not within the purview of the City Commission. The question... Mrs. Dougherty: None of It Is. It's a ministerial act. ~ Mayor Ferre: The question Is that the City Crnmission is being asked and I think we have a fiduciary responsibility, if you concur, to do this and I have Id 47 October 10, 1985 ~' ~;=-, no problem with it. I Just w$nt to say perhaps I shouldn't even be voting on this... (BACKGROt~D OOAAV~IVT t NAtb I BLE ) Mayor Ferre: But see the point is that that's not really something that I want to know. That's something that the Supervisor of Election has to determine, 1 Just want to say that I as a member of this Commission have... Mr. Shiver: Sir, would you... Mayor Ferre: Let me finish Mr. Shiver. Mr. Shiver: I'm sorry. Mayor Ferre: I have absolutely no obJectlons personally unless you are telling me that I shouldn't be able to vote because I have a conflict in this, but I have no problems In voting for a statement that we as a Crnmission have no obJections, provided it's within the law and within the supervisor's ability to do this. Mr. Clark: Why don't you authorize the City Clerk to take whatever action she believes... Mayor Ferre: That's fine. I will accept the motion to that... that authorizes the City Clerk to take whatever action she deans is appropriate under the law and under the guidance of the administrative procedures of the Elections Department. Is there a motion? Mr. Dawkins: So, move. Mayor Ferre: Is there a second? Mr. Perez: Second. Mr. Shiver: May I enter this one point sir? - Mayor Ferre: Yes, sir. Mr. Shiver: This Is a demand from you gentlenen to put me on the ballot. Mr. Dawkins: What difference does It make if you demand It or ask It? - Mr. Shiver: Sir. Mr. Dawkins: What difference does It make if you demand it or ask it as long as we do it. Mr. Shiver: I am demanding It because I was dented my right originally and I'm unhappy. Mr. Dawkins: But we Just told you. sir that we are going to do it. Mr. Shiver: I don't knew. You said It was up to her. Mayor Ferre: It is up to her. Mr. Shiver: Well, that's all I want to know. Are you going to permit me to be sworn In and swear me In, Ma'am? Ms. Hlral: I will confer with Metropolitan Dade County and we will do our very best sir. Mr. Shiver: I didn't hear you. I'm sorry. Mayor Ferre: Mr. Shiver, all we are doing is we are passing a resolution which very clearly specifies what our position is. Mr . Caro l t o : Mr . Chairman, ! don't m i nd th i s gent l ernen coming I n here and trying to throw whatever weight he thinks he has with us, but I do mind when he Is going to speak in that tone to a lady. So, If the Chairman can't control him. I will find other ways to control him. ~ ~ Mayor Ferre: I think there Is no problans with It unless we can accelerate the motion on this thing. We are about to vote. Mr. Shiver: I have been arrested before. Mr. Carollo: Very good, sir, I'm glad you're proud of that. Mr. Plummer: Mr. Mayor, before... Mayor Ferre: We are about to vote. Call the roll please. Mr. Plummer: Well, Mr. Mayor, before... Weil, no, excuse me, discussion. Mr. Shiver: I still would like to know if she is going to... Mr. Planner: Mr. Mayor, I want the record to be fully canplete that Mr. Shiver at the deadline time was not a qualified candidate. Now, If this Cortmission so chooses to allow him or through the Clerk to be on the ballot, I have no problem. But I am getting on the record right now, because I was standing at that window at the same time he was and he was not a qualified candidate at that time. Mayor Ferre: We cannot start waiving. Mr. Dawkins: I withdraw my motion. Mr. Shiver: You are absolutely wrong and you will eat your damn words. Mr . P l um~ner : Mr . ShIver , I have eaten an awfu l l of of words and drank your milk. Ok. Mr. Shiver: You are going to eat a lot more, sir. You take my word for it, sir. Mr. Dawkins: I withdraw my motion. Mayor Ferre: Mr. ShIver, I will make the motion myself if there is a second. I t I s s l mp l y a permissive th I ng . I t puts i t where i t be I ongs , which i s the decision should be made by the City Clerk based on the facts and I think that it is appropriate for this Crnmission to go on record as backing the City Clerk and I think we should do it and that's the end of It. Now, if you don't Ilke It, you go to court. j Mr. Dawkins: But under discussion, I would say, sir, to you that I would direct the City Clerk to do whatever she can in order to see that you are qualified, but when you tell me that you are demanding and if it doesn't happen that you are going to be angry, I can' t demand that she put you on there s I r . I can on I y demand that she I I sten to you and then g I ve you an Intelligent answer. Mr. ShIver: I apologize for my temper and my out burst. I apologize to the lady, but I still would like her to tell me... Mayor Ferre: Mr. Chairman, you have a motlon...Are you going to make the motion? All right, Dawkins moves and Plummer seconds, further discussion, call the roll. " The following motion was Introduced by Corrmissloner Dawkins, who moved Its adoption: MOTION NO. 85-1049 A MOTION OF THE CITY OF MIAMI OCMNISSION AUTHORIZING THE CITY CLERK TO TAKE WHATEVER ACTION SHE DEEMS IS APPROPRIATE, UNDER THE LAW AND UNDER THE GUIDANI"E OF THE ACMINISTRATIVE PROCEDURES OF THEE ELECTION DEPARTMENT, IN OON~ECTION WITH Mr. OTIS SHIVER'S INTENDED CANDIDACY IN THE FORTHOCMING PRIMARY ELECTION OF NOVEMBER 5, 1985. Upon being seconded by Camtissioner Plummer, the motion was passed and f adopted by the following vote- Id 49 October 10, 1985 ~. ~~ . _---- -- _ -r~ ;_ ,. --~- AYES: Cormissloner Demetrio Perez, Jr. Calmilssioner Miller J. Dawkins Crnmisslaner J. L. Plumper, Jr. Mayor Maurice A. Ferre NDES: Vice-Mayor Joe Carollo. ABSENT: None. Mr . Caro I I o : Let me say why I 'm going to vote "no" . Th i s i s a country of laws, of laws for everybody, whether you are a native U.S. citizen or a non- pat I ve U. S. c i t i zen , whether you are a B lack U. S. c i t i zen or a White or i n between, the iaw is the law and !t applies to everybody. When we get a letter thrown at u5 like this with the hate and bigotry that it includes of someone that knew what the law was and he knew It better than most people, because he once served on this Cannisslon. So, he cannot say he did not know what the law was and he purposely does pat follow the law and then he wants to have his way by threatening, by temper, by other unCiviiized acts, I cannot and I will not vote In favor of something that is the and law was made clear a long time ago. This Clerk took an action aocording to the law. If she took that action according to the law, It doesn't serve any purpose for us to tell her to try to reinvent the wheel and make a special compand for this individual. I think the law Is the law and if this gentleman really wanted to run for office, he wou I d not have waited for the I ast second to have cane I n and he wou I d have had all his papers in order Ilke the law states. Frankly, tt is my opinion this gentleman never really wanted nor intended to run for office and hfs Intentions are exactly what he Is doing here today, Is cause this charade that he has caused today and that he caused for himself the other day. Mr. Shiver: You're sadly misinformed, sir. THEREUPON, THE CITY OCM\AISSION WENT INTO A BRIEF RECESS AT 12:06 P.M., REOOIWENING AT 2:56 P.M., WITH ALL MEMBERS FOUND TO BE PRESENT EXCEPT - Conmissioners Dawkins and Perez and Vice-Mayor Carollo. 34. PRESENTATIONS, PLAQUES AND SPECIAL ITEMS. 1. PRESENTATION TO THE MAYOR: By Senator Kenneth Woodiey, President of the Industry Conmission of the Senate of Argentina; Mr. Pedro Reina, President of the Organizing Committee of the Miami/Hlaleah Fair/July 1986 and Mr. Jose Rosa Velazquez, Executive Vice President. ~ ANN 1NERSARY CAKE - OO1RV11 SS IC>nER PLL1MbEFt: Ce I ebrat I on of Conm I ss i oner Plumner's 15th anniversary on the Clty of Miami Crnmission. f~DTE F10R TIE R~ : ~A 1 SS I OTF3i ONMC I P6 FJVT1<~ THE MEETING AT 3 : O6 P .M . Id 50 October 10, 1985 r a 35 . AOC;EPt LAN] APPRAISER PROPOSALS 1 N f3tlN~E1CT I QV WITH ESTAbI. I S}~hIE1~'T OF FA 1 R T VALUE OF LI~b PE7~TA 1 N 1 NG TO THE MW I C I PAL 5f=i~tV 1 t'~S BU I LD I I~G (1 f 45 N . W . 11 STMT) AS PO~SS I Bi.E S I TE FOR THE 'M I AM 1 /FLDR t DA 1 NTE3iNAT I X1111_ lIY 11/FRS I TY B 10-t~~iA f CAL APD 1 Nf~bNAT 1 aNl CE7VTFR • . Mayor Ferre: How about Itep 27? Mr. Plummer: 27 is to hire the appraiser. Mr. Mayor, I move it. Mayor Ferre: Plummer moves, Is there a second? Miller Dawkins seconds. Call the roll on 27. The following resotutlon was Introduced by Corrmissloner Plummer, who moved Its adoption: RE90LUTION NJ. 85-1050 A RE90LUTION AOCEPTiNG THE PROPOSAL OF LEONARD A. BiSZ, MEMBER OF THE AMERICAN lNSTITOTE OF REAL ESTATE APRAISERS (NIAI), FOR A FEE OF $5,250, PLUS EXPERT WITNESS FEES OF $400 PER DAY OR $100 PER HOUR, FURTHER AiOCEPTING THE PROPOSAL OF AMERIFIRST APPRAISAL OCIVPANY; MEM3ER OF THE AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS (MAI) AT A FEE OF $4,000 AND EXPERT WITNESS FEES OF $450 PER DAY OR $100 PER HOUR, TO APPRAISE FOR THE PURPOSE OF ESTABLISHING FAIR MARKET VALUE OF THE LAND AND IMPROVEMENTS THEREON OF THE MUNICIPAL SERVICES BUILDING LOCATED AT 1145 NW 11 STREET AS THE POSSIBLE SITE OF THE CITY OF MIAMI/FLORIDA INTERNATIONAL UNIVERSITY BIOMEDICAL RESEARCH AND INIVJVATION CENTER, WITH FUNDS OOVERING THE OOST OF THE APPRAISALS BEING ALLOCATED FRCM THE BIAC,ETED FUNDS OF THE DEPARTMENT OF EOON:M I C DEVELAF'NENT . i F ,,. (Here follows body of resolution, anitted here and on file In the Office of the City Clerk.) Upon being seconded by Connlssloner Dawkins, the resotutlon was passed and adopted by the following vote- AYES: Comrissioner Miller J. Dawkins Crnmissfoner J. L. Plumper, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Carmissioner Demetrlo J. Perez, Jr. Vice-Mayor Joe Carollo 36. AUTHORIE CITY'S PARTICIPATION IN THE AMERICAN GANGER 90CIETY/AMERICAN LUNG AS90CIATION CTJLF CARD PRIVILEGE PROGRAM - REDUCE GREEN FEES. Mr. Plummer: 28 is American Cancer. I move It. Mayor Ferre: Plurrtner moves. Is there a second? Mr. Dawkins: Second. Mayor Ferre: Dawkins seconds. Further discussion? Call the roll. Id 51 October 10, 1985 The following resolution was Introduced by Ccmpissioner PI~>rmier, who moved Its adoption: RESOLUTION NO. 85-1051 Upon being seconded by Cormilssioner Dawkins, the resolution was passed and adopted by the following vote- AYES: Catmissloner Miller J. Dawkins Corn7t I ss I over J. L. P I u~rmer , J r. Mayor Maurice A. Ferre NJES: None. ABSENT: Crnmissioner Demetrlo J. Perez, Jr. Vice-Mayor Joe Carollo 37. ALLOCATE $45,000 IN SUPPORT OF THE "THE SUPERSTARS FOR 1986" - SUBJECT TO CERTAIN OONDITONS. Mayor Ferre: Take up 29. Mr, Plumper: 29 is what you asked me to negotiate, Mr. Mayor, on Superstars. We have ccme up with the same deal and the same coverage nationwide as we have before for $45,000. I move it. Mayor Ferre: All right, is there a second? No? Mr. Dawkins: Yes! Mayor Ferre: Further discussion on 29? Call the roll. A RESOLUTION APPROVING AND AUTHORIZING THE CITY'S PARTICIPATION IN THE AMERICAN CANCER SOCIETY/AMERICAN LUNG AS90CIAtION C90LF CARD PRiViLEGE PROGRAM BY REbIIC I NG GREENS FEES TO $2.00 PER ROI~U OF GOLF FOR EACH 1986 CARDI-bLDER DURING THE SU!dNIER SEASON At THE MEL REESE GOLF OOURSE AND THE C I TY OF M I AM I OOlJr1TRY CLUB IN MIAMI SPRINGS, UNDER THE TERMS DESCRIBED HEREIN. (Here follows body of resolution, omitted here and on file In the Office of the Clty Clerk.) The following resolution was Introduced by Ccrtmissioner Plumper, who moved Its adoption: RE9OLUTION NO. 85-1052 A RE90LUT I ON ALLOCATING AN ANiJ(,JVT NOT TO EXCEED $45,000 FROM SPECIAL PROGRAMS AND AOOOUVTS, CONTINGENT FUND, IN SUPPORT OF "THE SUPERSTARS FOR 1986"; SAID ALLOCATION BE ! IVG OOf~D ! T I ONED UPON ONE OR MORE EVENTS BEING HELD IN THE CITY OF MIAMI: THE CITY OF MIAMI BEING REOOGIV I ZED AM NAJVED AS A SPON90R ; THE C I TY OF MIAMI HAVING AN EQUAL ROLE IN THE DETERMINATION OF ALL PUBLICITY APD RELEASES PREPARED FOR NATIONAL BROADCAST; MATCHING OR GREATER ANIJUVTS BEING OONTRIBUTED BY THE METRO-DA~DE TOURIST DEVELOPMENT OOl>1VC I L Ate THE M t AM I BEACH V I S I TORS AND OOIWENT I ON BUREAU; AND UPON SUBSTANTIAL OOMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984. Id (Here follows body of resolution, omitted here and nn file In the Office of the City Clerk.) 52 October 10, 1985 Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote- AYES: Corrmissloner Miller J. Dawkins Ccmplsslover J. L. Plumper, Jr. Mayor Maurice A. Ferre NJES: None. N ~. .~~, ?~ s , ~., ~, ABSENT: Ccmpissloner Depetrio J. Perez, Jr. Vice-Mayor Joe Carollo 38. DESIGNATING THE OGvPLETE PROFESSIONAL TRANSPORTATION PLANKIIV.a AND TRAFFIC ENG I VEER I fV",a SERVICES FOR A C I MPREHENS I VE TRAFFIC STUDY OF OOCOIUJT GROVE AS A "CATEGORY B PROJECT". Mayor Ferre: Take up 30. Mr. Plurm~er: 30 Is the appointment of 3. Who is recapnended? Mr. Dawkins: Appointment of 3 what? Mr. Plumper: 3 members for the study of the Coconut Grove parking. Mr. Sergio Rodriguez: It recam~ends myself, as the Chairperson of the cxmpetitive selection and then.... Mr. Plumper: Yourself, and who are the other two? Mr. Rodriguez: The certification ccmnittee will be made of George Campbell; Pedro Hernandez, fran the County; and Maurfce Gray fran the private sector. Mayor Ferre: Maurice Ferre? Mr. Rodriguez: No, Maurice Gray. Mr . P I t,rm~er : Who t s he? Mr. Dawkins: How many Blacks on there? Mr. Rodriguez: This first we have ... Mr. Dawkins: No way! Kill it! Continue It. Mr. Rodriguez: Mr. Gray is a Black person. Mr. Dawkins: No, no, no. See, you all keep caning back to me and every time I keep telling you ... Mr. Rodriguez: If you let me finish? You have a process by which you have to have first ... Mr. Dawkins: And I have been telling yoi! that I am dissatisfied with the process, and you alt keep bringing the process back to me without changing it! You know, what do you want Fran me? How many people are you appointing, three? Mayor Ferre: is there a Black In the group? Mr. Rodriguez: Yes, sir. Mayor Ferre: Who Is he? Who is the Black? Mr. Rodriguez: Mr. Gray. Mayor Ferre: Mr. Gray? Mr. Plumper: Gray is Black. Black is Gray. id 53 October 10, 1985 Mayor Ferre: What Gray? RESOLUTION IVO . 85-1053 A RE9OLUTION DESIGNATING THE OG>\IPLETE PROFESSIONAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING SERVICES FOR A ODVPREHENSIVE TRAFFIC STUDY OF OOOONIJT GROVE AS A CATEC~JRY "B" PROJECT, APPOINTIN"a A CERTIFICATION COMMITTEE OF NOT LESS THAN THREE QUALIFIED PROFESSIONALS, AND APPOINTING SERGIO RODRlGUEZ, DIRECTOR OF PLANNING, OR HIS DESIGNEE, AS CHAIRPER90N OF OCM'ETITIVE SELECTION OOMMITTEE, IN Ac00RDANCE WITH ORDINANCE NJ. 9572, ADOPTED FEBRUARY 10, 1983, AND THE PROVISIONS OF SECTION 18-52.3 OF THE CITY CODE, WHICH ESTABLISH PROCEDURES FOR PROCURING SAID PROFESSIONAL SERVICES AND AL90 ESTABLISH COMPETITIVE NEGOTIATION REQUIREMENTS WITH REGARD TO THE FURNISHING OF SUCH SERVICES. Mr. Piuminer: Black Is Gray. Do I dare ask about ah Angiol I mean ... Mayor Ferre: Is Mr, Gray ... Mr, Rodriguez: Mr. Campbell is an Anglo, sir. Mayor Ferre: Are you sure? Can you prove it? Mr. Dawkins: And you are the Latin, right? Mr, Plummer: Who said he was Latin? Mr. Rodriguez: They say that sir, yes! Mr, Plummer: He Is from Washington. He is not Latin. Mr, Dawkins: Okay, so we have got a cross section. Mayor Ferre: You got any females? Mr. Dawkins: No, we can't have everything! Mr. Plummer: Can we start a volunteer group of Black, fenale woman that are Jew(sh? Mr. Dawkins: With Latin sur-names? (LAUGHTER> Okay, move It. Mayor Ferre: Moved by Dawkins, seconded by Plummer ... Mr. Plummer: No, I am not seoondfng it! Call the roll. Mayor Ferre: Call the roll. The following resolution was introduced by Ccnmissioner Dawkins, who moved Its adoption: ~~ (Here follows body of resolution, omitted here and an file In the Office of the City Clerk.) ~": ~- _ . Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Miller J. Dawkins Carmissloner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Denetrlo J, Perez, Jr. Vice-Mayor Joe Carollo Id 54 October 10, 1985 Mayor Ferre: Ladies and Gentlemen, ! want you to know that you don't have a full moon tonight! And when it is full moon, this place really swings! Mr. Plumper: That Is on Saturday at Noon, Mr. Mayor. 39. DESIC~IATE THE OCI~LETE PLANNING AND bESIGN SERVICES INCLUDINIG A MASTER PLAN AND FEASIBILITY STUDY FOR THE FLORIDA EAST OaAST PROPERTY AD BICENTENNIAL PARK AS A "CATEGORY B PROJECT". Mayor Ferre: We are on Item 36, F.E.C. property, Bicentennial Master Plan feasibility ... NDTE FOR THE RE~FiD: OvMNISSIONER PEAEZ ENTERED THE MEETING AT 3:11 P.M. Mr. Plumper: Mr. Mayor, I will move 36, with the proviso that this Commission have Input Into the marching orders of whoever Is selected to do that study. Mayor Ferre: That Is accepted as part of the motion. Is there a second? Dawkins? Do you have a problmp with 36, F.E.C. property. Mr. Perez: Yes, I second. Mayor Ferre: All right, Perez seconds. Further discuss(on? Call the roll on 36 as amended. The following resolution was Introduced by CoYmissioner Plumper, who moved Its adoption: RE90LUTION NJ. 85-1054 r~ ~~: .~ ~:~>,' ~.. A RE90LUT I ON DES I C~tAT I NG THE OOVPLETE PLANN I Na AND DESIGN SERVICES INCLUDING A MASTER PLAN AND FEASIBILITY STIAY FOR THE FLORIDA EAST OOAST PROPERTY AND BICENTENNIAL PARK AS A CATEC~RY "B" PROJECT; APPOINTING A CERTIFICATION OOMVIITTEE OF NDT LESS THAN THREE (3) QUALIFIED PROFESSIONALS, AND APPOINTING JLIANITA SHEARER, A MEMBER OF THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS, (ASLA), OFFICE OF CAPITAL PROJECTS, AS CHAIRPER90N OF THE ODJIPETITIVE SELECTION OOMVIITTEE, IN A~OOORDANICE WITH ORDINANCE Nq. 9572 ADOPTED FEBRUARY 10, 1983, AND THE PROVISIONS OF SECTION 18.52.3 OF THE CITY OODE, WHICH LEGISLATION ESTABLISHED PROCEDURES FOR PROCURING SAID PROFESSIONAL SERVICES, AND AL90 ESTABLISHED OCNPETITIVE NEGOTIATION REQUIREMENTS WITH REGARD TO FURNISHING OF SUCH SERVICES. (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: Crnmissloner Miller J. Dawkins Commissioner J. L. Plumper, Jr. Commissioner Demetrlo J. Perez, Jr. Mayor Maurice A. Ferre N3ES: ABSENT Id Nbne . Vice-Mayor Joe Carollo 55 October 10, 1985 40. AUTHORIZE AGREEMENT WITH 90S1~IiTH AERIAL SURVEYS, INC. FOR AERIAL PHOTOGRAPHY OF APPROXIMATELY 640 ACRES. Mr. Plummer: Aerial photos is Item 37, to keep the taxes davn. I, of course, move that. Mayor Ferre: Second by Perez. Further discussion? Call the roll on 37. The foltawing resolution was Introduced by Crnmissioner Pturmier, who moved Its adoption: RESOLUTION NJ. 85-1055 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WHICH HAS BEEN NEC~JTlATED WITH BOSWORTH AERIAL SURVEYS, INC., FOR AERIAL PHOTOGRAPHY OF APPROXIMATELY 640 ACRES OF THE CITY OF MIAMI FOR USE IN THE PREPARATION OF OONSTRIJ~TION PLANS FOR THE FLAGLER SANITARY SEWER IMPROVEMENT DISTRICT, SR-5521C; USiN^, PREVIOUSLY ALLOCATED FUNDS I N THE ANgl1rIT OF $24 , 405 FRCM THE 1980 SEWER GENERAL OBLIGATION BOND FUND TO DOVER THE OOST OF SAID WORK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) ,..«` ~~ Upon being seconded by Crnmissioner Perez, the resolution was passed and adopted by the foltOwing vote- AYES: Carmissfoner Miller J. Dawkins Cammiss(oner J. L. Plumper, Jr. Catmissloner Demetrlo J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice-~llayor Joe Carollo 41. SEOOM READING ORDINANCE: ORD. 9500 TEXT AMENCAAENT - AMEND ARTICLE 15. SPI: SPECIAL PUBLIC INTEREST DISTRICTS LATIN QUARTER O;,'MNERCIAL/RESIDENTIAL AND RESIDENTIAL DISTRICTS BY AMENDING VARIOUS SUB- SECTIONS FOR VARIOUS REASONS. Mr. Plu~rmer: How about Item 48, Mr. Mayor It pertains to the Latin Quarter district. There were a number of amendments. This is on second reading. I move it, Mr. Mayor, If there are no ob)ections. Mayor Ferre: All right, Commissioner Perez seconds. item 48? Read the ordinance as amended.Call the roll. Id 56 Further discussion on October 10, 1985 AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING 'THE TEXT OF ORDINAN~ NO. 9500, THE ZONING ORDINANI'~ OF THE CITY OF MIAMI, FLGRIDA, BY AMENDING SECTION 15140, ENTITLED "SPi-14, 14.1, 14.2; LATIN QUARTER O~VINERCIAL-RESIDENTIAL AND RESIDENTIAL DISTRICTS." BY FACILITATING PROCEDURES AND REODRD KEEPING APPLICABLE TO CLASS C SPECIAL PERMITS, LIBERALIZING PERMISSIBLE PRINCIPAL USES APD STRUCTURES, CLARIFYING LANGUAGE RELATIVE TO PERMISSIBLE AOCES90RY USES AND STRUCTURES AND TRANSITIONAL REQUIREMENTS AND LIMITATIONS, INCREASING BASE FLOOR AREA RATIOS, MODIFYING MINIMAL OPEN SPACE AND S I C~V REQUIREMENTS , AJ~D MCD i FY I NG STANDARDS AND USE REQUIREMENTS IN THE SPI-14.1 AND 14.2 DISTRICTS; OONTAINING A REPEALER PROVISION AND A SEVERABILI7Y 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 Catmissioner Plummer, 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: Crnmissloner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Ccmmissfoner Demetrlo J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice-Mayor Joe Caroilo THE ORD I N~-~'-F WAS DESIGNATED ORD I NANI:E NJ . 10049 The City Attorney read the ordinance Into the public record and announced that copies were available to the members of the City Crnmission and to the public. L 42. RESCIND PREVIOUSLY PASSED R-85-1041 AOCEPTING BID FROM "ALL STAR SECURITY" ( FOR CFiGND CONTROL- AT ORANGE E10iWL ) - OONT I NEU SA I D I SSUE FOR A 2~NEEK PERIOD . (SEE 1~46EL X23) . Mr. Dawkins: Mr. Mayor, I was not here. Can I find out what happened on Item 12? Mr. Planner: What was It? Mr. Dawkins: The security and everything at the Orange Bcywl. Mr. Planner: That was part of the Consent Agenda, and there was no one that asked that it be removed. Mr. Dawkins: I was not here. Mr. Plummer: Well, we said at the time, that tf there was anything you wanted to be brought back up, we could. Do you want to revisit 12? Mr. Dawkins: Yes, please. Mr. Plummer: Okay, I second the motion to revisit Item 12. Mayor Ferre: What Is 12, now? Mr. Dawkins: The security and crowd control at the Orange Bowl. Mr. Plumr-er: is Golby here? Id 57 October 10, 1985 -~ ,~~ ~~ Mayor Ferre: All right, Item 12, there Is a rescinding of a previous motion on Item 12. Mr. Dawkins: I am not rescinding. t Just want discussion. Mayor Ferre: Go ahead, the Chair recognizes you. Mr. Dawkins: Mr. Manager, are you prepared? Mr. Pereira: the person who dealt extensively with this Is Assistant Manager Cesar Odlo. He is on his way back. I would prefer that he be here when we discuss this Item, sir. Mr. Dawkins: No, I mean it is not necessary, okay? i am going to say ft now, and I am going to say it for the last time. The Orange Bow! contract has no minorities, Black, or Latin, okay? the Orange Bowl security and crowd control thing, I mean. It has got no Latins and no Blacks, and since we added something, this morning, there is no women, okay? And none of the contractors or the bidders who bId had any with them. Now, I'm going to say now In the event that I am reelected when you guys put out this bid whenever Joe Robbie is through this season, whether he stays here five, ten or twelve more seasons, whoever bids on this who does not come in with some minority ownership, not minority participation, see, telling me that you are going to hire seventy-five Cubans or Blacks to guard and you pay then five dollars an hour while you charge the City eight dollars, that's not minority ownership. So, I would Just like to... Mr. Mayor, I Just want to revisit it so that everybody wilt know that next time If it's not Involved we are not voting on It. Mr. Bryan Budfelt: Mr. Mayor, may I address the Co~nmisslon? Mayor Ferre: You may. Mr. Brya Budfelt: Gentleman, my name is Bryan Budfelt, I'm the director of security of Andy Frain of Flor(da. I cane before you, because when the Consent Agenda was passed, unfortunately, that time I was in the men's wash roan, and I respectfully, request that you reconsider your decision with regards to Item X12 which is bid +-8485-94 which is for crowd control services at the Orange Bowl. When we received this bid and later June we consider all aspects of the bid as they were Involved. Chief amongst then was the minority business participation ordinance, yours X9775. This ordinance by our Interpretation and the interpretation of our legal staff in regards to intent was design to serve as an outlet whereby minority owned f(rms which the profits derive from bids on their own or in Joint venture, co-venture or as subcontractors with another firm. We were the only firm to respond to this bid timely and handle all areas Involved, and in particular, the minority ordinance. Twenty-five per cent as indicated In our bid was to be given to a one hundred per cent Black owned firm. North Dade Security. Apart from dollar profit that North Dade would see they were also to receive the benefit of training in crowd control techniques. The firm that you have accepted is not meeting the ordinance's Intent. Using minority employee is fine. We have been using more than fifty per cent minority employees since we began at the Orange Bowl seventeen years ago, but these are hourly employees. No, minority business Is deriving any profit benefit from it whatsoever. No, this subJect s very dear to Crnm I ss i oner Dawkins and I appreciate the fact that he has already Ilnt his opinions to the matter, but once again I go back to the Intent of this particular ordinance. It was included In the bid permanently. Mr. Plummer: Once again repeat for me what you sold that your was the only qualified timely bid. Mr. Bryan Budfelt: Ours was the only timely qualified bid which responded to all areas as the bid package itself intended with particular reference to minority participation. No, one else co-ventured, Joint ventured, subcontracted with any other minority firm. Mr. Dawkins: Madam City Attorney, I asked staff, so nor I will ask you, When the bid was let, did the bid spell out than there had to be minority participation In order to get the bid. Id 58 October 10, 1985 i ,~•: __ Ms. Dougherty: Comnissloner Dawkins, I don't have the bid package here. I will have to review. I don't know. r -„, ~.:.. Mr. Bryan Budfelt: I have the bid package with me. I have the b(d specs with me. Mr. Dawkins: All right, Mr. Manager, your staff said that it did not have It. Mr. Budfelt, I can only go by what staff tells me. Mr. Odic tells me that the RFP that was let, much to my anger, did not require the minority participation. Mr. Bryan Budfelt: Then I sutxnit to you sir and to the rest of the C,,ctmiisston that the Intent of your ordinance Is not met In the execution and acceptance of bid awards and certainly it is not meeting the criteria that you in particular would want It to be doing. Mr. Odlo: Mr. Budfelt what ordinance are you referring to? Mr. Bryan Budfelt: ~-9775. Mr. Odic: That did not apply to this case. Mr. Bryan Budfelt: It was clearly specified within the bid package Mr. Odic. Mr. Dawkins: It was? Mr. Bryan Budfelt: It certainly was and It is within that package that Ms. Dougherty has now. Mr. Pereira: It's being reviewed now. Mr. Dawkins: All right, hold on. If the City Attorney says that we will throw them out. No, problem. Threw then out and start over. Mr. Bryan Budfelt: Otherwise, I can find no reason why it would have been included in the bid package. Mr. Dawkins: I can't either (f we did intent to enforce it. Mr. Bryan Budfelt: Exactly. Mr. Dawkins: But I can only, you know, have to rely on the advice of the City Attorney. That's what we pay her for. Mr. Bryan Budfelt: I recognize that Ccnmissioner, and can appreciate it. Ms. Dougherty: C,ormtissioner Dawkins, the RFP encouraged minority participation in the conformance with Ordinance No. 9775 and spelled out what ordinance 9775 had as goal. One of the provision of the RFP said that ~~fallure to adequately involve minority firms may be a basis for relecting any and all bids. So, It's a basis for relecting bids. It's not a basis for selecting sarpebody who Is not the highest bidder or lowest bidder. Mr. Dawkins: Ok. Then... where Is J. L. Plummer. J. L. Plummer, Joe Carollo, Depetrio Perez, I need another vote to throw out all of the bids because they do not meet the specification, Mr. Mayor. Mayor Ferre: Make your motion. Mr. Dawkins: I make a motion that all of the bids be thrown out, because they do not meet the specs, and we start over. Mayor Ferre: There Is a motion on the floor, Is there a second? Plumper. All right, go ahead. Mr. Pereira: Can we...Mr. Mayor, please. Mr. Dawkins: Yes, go right ahead. Mr. Pereira: Cesar please correct me If we are wrong here. The gentleman standing here is not the lowest bidder. Ok. Id 59 October 10, 1985 Mr. Dawkins: Ok. No, no, I'm not Interested... wait a minute Mr. Manager. I'm not Interested in the lowest bidder. t r Mr. Pereira: Oh, ok. All right, now 1 see what... Mr. Dawkins: Ok. I won't care... all I'm saying is that these bids which we accepted do not meet the criteria which we set. That's what I'm say(hg. So, I say throw them ail out and start over. Mayor Ferre: There is a motion on the floor. Mr. Pit,rttner: t will second the motion, but under discussion I have to ask football season... where are we with football season. Nc~w, you know, we got games... When does this contract start? What does it do to the present... you know, the one thing I don't think we can do is leave in a lurch right now... Mr. Bryan Budfelt: Conmissloner... Mr. Pitmner: Excuse me, I pay high money for this man to speak. Thank you. Mr . Od I o: Andy Fra I n had the contract I n the past and s I nce we were I ate selecting this other canpany All-star, because we had to go through the painful task of finding out if they had met the requirements, or not, which we find that they did. We have been using then for the last... all the games of this season so far. Mr. Plummer: Weil, but waft a minute, excuse me, speak to the motion. The motion Is to defer... Are you saying to me Cesar, that this canpany is presently there and will continue until the rebidding is done? Mr. Odio: That's right. So, they will benefit from this hold season. Mr. Plurmier: Ok. Fine. We are covered. That's what I'm worried about. Mr. Dawkins: Ok. Mr. Odio. I mean, I would like to say to the Comrlsslon and to the total public, Odlo has sat davn with me week after week after week w I th th I s . Od I o has sharvn me that f ran week to week Corm I ss I oner P I umrner , that he has gone on a week to week basis to provide whatever was necessary at the Orange Bawl to ensure that the safety and what have you was met. Now, Is sane where along the line somebody Is putt(ng so'nething in the game that Isn't clean and by that we are being... because i have told them...what It is here, we have got to contracts. Am I right Mr.... We got a security contract and a crowd control contract see, and we are not discussing the two of then, because one expires and one doesn't. So, now, i tell you what Mr. Mayor, like you said, we pay the Manager. Mr. Manager, what do you reconmend I do? Mr. Pereira: I would Ilke to oontinue this for two weeks. We will be able to sit don, review this document, and we will sit with you again. We will go over, and take a look at the responses and be prepared to address each of the questions that have been raised sir. Mr. Dawkins: Ok, and in the event that you sit down, and look at this, and you find out that it does not meet the RFP, you will throw than all out and start all over. Mr. Pereira: We will have to start all over. Mr. Dawkins: You don't Dane back to me. Mr. Pereira: That's right. If we have to thrarr than all out we don't have to need to cane back. Mr. Dawkins: Ok. All right, because I don't need... see, i don't need to carne back, sit down, and hold your hand or what have you. We don't need that. Mr. Pereira: That's right. Mr. Dawkins: Ok. All right. Ok. Then Mr. Mayor, I will accept the Manager's recattnendation. I move it, whatever the Manager is recctrmending. Mayor Ferre: No, I don't think we need to move (t, because we have already passed It. Haven't we? Id 60 October 10, 1985 Mr. Plumper: Weti, to throw all the bids out Is withlh the purview of the Manager any Mow. Ms. Dougherty: No, Just to continue it. That's all. Mr. Plumper: Continue It, yes. Mr. Dawkins: Ok. I want to continue it. Mayor Ferre: A motion to continue Item 12. Mr. Plumper: Exactly. Mayor Ferre: Call the roll. Mr. Bryan Budfelt: So, then you have not accepted Item 12, you are merely contlnutng It until the next meeting. Mayor Ferre: Don't we have to rescind it legally. Ms. Hirai: Yes, sir. Mayor Ferre: We have already passed 12. Mr. Bryan Budfelt: You would have to rescind It and then continue it. Mayor Ferre: All right, the motion is to rescind 12. Mr. Plumper: Fine. Mayor Ferre: Call the roll, and then we will came back. Mr. Plumper: You know, we said... but Mr. Mayor, Just for the record we stated earlier that If Complssloner Dawkins wanted to raised any questions he could. Mayor Ferre: Legally, J. L., that doesn't hold up. Mr. Plumper: Fine. Do (t legal. Mayor Ferre: Now, I accept a motion to continue this Item. Mr. Dawkins: I move to discontinue. Mayor Ferre: Plumper seconds, further discussion, call the roll. The following motion was introduced by Cormissioner Dawkins, who moved Its adoption: NOTION N~. 85-1056 A Nt~TION RESCINDING PREVIOUSLY PASSED R-85-1041 WHICH HAD APPROVED AOCEPTAN~ OF BID FRaVI "ALL STAR SECURITY" (CFiCIIND OONTROL AT ORANGE BOWL) AND OONTINUING SAID MATTER FOR A TWC~-WEEK PERIOD; FURTHER AUTFIORIZIN^a AND DIRECTING THE CITY MANAGER TO AGAIN REVIEW BIDS RECEIVED AND TO THROW THEM ALL OUT IF HE WERE TO FIND THAT THEY HAD fVJT NET THE BID SPECIFICATIONS. Upon being seconded by Cormissloner Plumper, the motion was passed and adopted by the following vote- AYES: Carmisstoner Mttler J. Dawkins Camnissloner J. L. Plumper, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Camnissloner Demetrio J. Perez, Jr. Vice-Mayor Joe Carolto !d 61 October 10, 1985 43. FIRST READING ORDINANCE - AMEND SECTION (a) OF SECTION 10.5-20 PREVIOUSLY PROHIBITII~.a USE OF OBSCENE MATERIAL OVER CABLE TELEVISION - DELETE PRIOR JUDICIAL DETERMINATION REQUIREMENT; ETC. Mayor Ferre: All right, we are now... For the record, Madam Clerk, if you will tell us what time It is please. Ms. Hirai: Pardon, sir. Mayor Ferre: For the record, would you tell me the time. Ms. Hirai: 3:31 sir. Mayor Ferre: All right, so we can now legally take up those Items on this Agenda on 3:30. The first one we have a time constraint problem on Item w43 and I will take that out of sequence. Mr. Plurm~er: That's you item Isn't it? Mayor Ferre: What. Mr. Plummer: Who's item Is It? Ms. Dougherty: That's his. Mayor Ferre: Go right ahead. Mr. Terry Bienstock: Mr. Mayor, Mr. Cattnissioners, my name is Terry Blenstock. Frates, BienstoCk, and Sheene law firm in Miami and I'm a resident of Miami, and I'm here to speak in opposition to Item Agenda X43. The ordinance in my opinion Is unnecessary, would be a waste of taxpayers money, and Is blatantly unconstitutional Ccrm~issioners. Our firm has provided a legal opinion letter--- a thirty page opinion letter to the City which I have given to each of the Corrmissioners to review, demonstrating why the ordinance as proposed Is unconstitutional, but first I want to clarify... :. Mayor Ferre: Excuse me, sir, Just so we can get this on the record, and get it clear. Are you here representing yourself as a citizen? Do you represent __ an organization, or do you represent a corporation that is involved In either, televisions, periodicals, magazines, or otherwise? Mr. Bienstock: Ok. That's a fair question. My firm represents many paid television Interest, cable ccmpanies, programmers, but I'm not here on behalf of any of those. I'm here... Mr. Plumper: Well, excuse me, In all fairness, sir, would you please Identify those companies which your firm represents, and who you are here today for a fee to make your presentation. Mr. Bienstock: I am not here on any of my clients today. i am here on behalf of myself. I'm a resident of the City of Miami. I'm a subscriber to Miami Cable Vision, and attorney. Mr. Plumper: So, you are here as an Individual. Mr. Blenstock: That Is correct. Mayor Ferre: But Just for the record anyway, why don't you tell us who you represent when you are not here. Mr. Bienstock: I will be happy to. Sure. Our firm represents Storer Cable. Locally, Store Cable, Showtlme, Movie Channel, Have Box Office, Cinemax, ESPN. - We do in various cable cappanies that are not local cable companies around the Country. Mayor Ferre: That's fine. You are... ', .. •.~ Id 62 October 10, 1985 ~- i :~., `, . , ~. +~ Mr. Blenstock: Our firm was "the" firm as Your Honor knows. Mayor Ferre: Do you represent Playboy, also? Mr. Blenstock: No. No, sir. Mayor Ferre: Equas-? Mr. Blenstock: Excuse me. Mayor Ferre: What's the name of the other one? Bob you watch it. What? Mr. Blenstock: We are not dealing here, and that's what i want to clarify, with pornography. It's termed a cable pornography ordinance, but we are not dealthg with pornography. We are dealing with programming, cable programming. That could be "R" rated movies. That's could be "PG" rated movies that might have score scenes in them that sane might find offensive or sane scenes of nudity, but pornography, obscenity is not an Issue. There are state laws prohibiting obscenity. That's already covered. This ordinance is not necessary to deal with any types of obscenity. There is no progrartming to the United States that I'm aware of that any determ(natton has been made for cable t.v. of any obscenity on any system (n the Country and the only... the concern the Mayor had about the prograrm~ing in New York was on sane public access stations which is no longer an issue in Miami since access has been eliminated. Mayor Ferre: No, no, that's not so. Access is available In Metropolitan Dade County. Mr. Bienstock: Through Dade County. There Is no access for the City of Miami. Mayor Ferre: Metro has that now, along with our hospital, airport, seaport, library, and water and sewer, and housing. They also have... Mr. Blenstock: Mr. Mayor, the reason 1 feel that the ordinance is not necessary Is because cable, Just like reading a book, or reading a magazine, or buying a book, or magazine Is a medium of choice. It Is not going to - everyone's hone. There are several levels of choice Involved. You have to decide to subscribe. You have to decide to subscribe to certain types of premium programming that would have "PG" or "R" rated movies, and then you have a t.v. guide, a program guide which tolls you in advance what shows are going to be on what channels, and furthermore, the City provides to this ordinance for lock boxes. That is the box that can be used... it's mandatory. It has to be provided to anyone who ask for it for free, that can control - access to ones children In the home. The Important question I sutxnit Carmissioners Is, who should decide what Is going to be watched In the privacy of ones own home. I think the question of whether the government should make that decision, the City, or whether It should be up to the adults. The Individuals in their own homes. I think the answer should be clear that It's up to the Individual to decide what they are going to watch in the privacy of their own hone. It's that Individual choice. That's what this Country Is built upon and distinguish us fron other countries. The corm~unist nations where, and socialist nations where you are told what you can watch, and what you can't watch, and what's going to be read, and what's not going to be read. Where censorship Is a way of life. We are fortunate we don't have that situation In this Country, and Your Honor can say what he wants about what programming is to be provided, and I can say what I want, but that freedan of discussion Is a basic underspining for freedom of this society under the first amendment. It, additionally, Mayor, I submit this ordinance has been declared unoonstltut(onal. There have been sane amendments that In fact make It worse than the last amendment fran a constitutional point of view, and I submit that is a waste of the City's funds, a waste of the taxpayers funds to go forward with It. It was declared unconstitutional by one of the finest federal Judges in the United States when the last ordinance was proposed and passed and obJeCted to. It went up on appeal, It was affirmed that it was clearly unconstitutional, and that could, not be corrected and cost the hundreds of thousands of dollars. The Ctty has conceded that they are obligated to pay over a hundred thousand dollars in attorneys fees to the winning side on that lawsuit. it has been, in my opinion, a national r er~barrassment for the Clty. A City that prides himself In being a hone for Mlaml Vice, taking an inconsistent position and saying we want to regular Id 63 October 10, 1985 ~~ what's on t.v. Ih your home. The ordinance is unconstitutional, has absolutely no support In any decisloh In the United States. The precise language, In fact, that's been adopted In this ordinance was declared unconstitutional. Utah Just recently and Judge Howler who ruled in this case, In the last case on this ordinance said that the defect of over breath will not be solved by redraftlhg, that this cannot be a constitutional ordinance, and Just In some... Mayor, I respect, and ! sympathize with what you are trying to do, but I think that as Commissioner, and as Mayor of this city you have an obligation to use mare than your heart. You have to use your reason, your minds, and follow the law, and if you follow the law this ordinance should not be passed. Thank you, sir. Mayor Ferre: All right, thank you, sir. Any other speakers. Yes, Ma'am. The public Is welcome to express their position on this, and I Invite anyone who wishes to express an opinion to express It. Ms. Barbara de la Fuente: My name is Barbara de la Fuente, and I would Tike to speak In favor of the ordinance. I find that the waves of t.v. are Just too open. It has got to a point where you can see most anything on t.v. Even the public t.v. that we have seen "The Long Hot Summer". There were parts in that that really, and truly should not have been on regular t.v. It is absolutely ridiculous. This ordinance at Least put sane kind of stop on the type of pornography that will be going Into the homes. Although, what this gentleman said Is true, when he says that there are boxes. there are keys, but If anybody has any children they will know that they can get inside the boxes and they can turn those keys. That Is no way to do, and I want to thank you for your efforts to keep this pornography out of our homes. Thank you. MS . Pat Skub I sh : Mr . Mayor , and me~~ers of the Came i ss t on, my name I s Pat Skubish, and I would no longer subscribe to this kind of television, and I would no longer have an abortion, but I would defend anybody's right to do so. I think what you are doing what this woman )ust suggested here "The Long Hot Summer", with Mleml Vice, that's free television. This Isn't going to address that. Right? Mayor Ferre: No, It's not. Ms. Skubish: NO, It's not going to do that, and the responsibility Iles fn the bane. You know, too often people Just say, "Well, the teachers have the responsibilities for my children", this one has the responsible... you have responsibility for what goes on in your home, and if you pay for something you shou I d be ab I e to go ahead , and v I ew , and read , and do what you want . Mr . Rubin had found seven areas wrong with the ordinance, and I personally, do not want the City Attorney, or the City Manager to tell me what I can or cannot read, or see. Thank you. Mayor Ferre: Any other speakers? Mr. Ellis Rubin: Mr. Mayor. how are you? Mayor Ferre: Ellis. Mr. Rubin: Pat Skubish has Just spoken here. She has retained our office In the event we find anything unconstitutional with the ordinance. As the ordinance now reads, as she pointed out, there is about seven areas that I feel are very questionable, but the most questionable seems to be that you _ have attempted again, to define the word "Indecency". There is no definition, because Indecency is In the eyes of the viewer. Many courts have said that, and I feel very sincerely, that you might be on the wrong track, and why incur attorneys fees, and go Into this. You see, cable television Is not like cam~ercial television that the lady spoke to. In cable television you have to subscribe to it, and you can always change the channel, and you can lock the channel against your children viewing it, and you have absolute control over cable television. That's why the courts have said that you can't apply the same I aws to camterc l a l to I ev i s l on that you can to cab l e to I ev I s i on , and I t seems to me that you are going Into the face of the United States Supreme Court's decision that says that the FOC has full Jurisdiction over cable television transmissions, and you are trying to regular the transmissions In MIamI. Now, If programs emanate from New York, or Hollywood, or some other area of the Country, your ordinance is going to attempt to cut parts of those transmissions out, or punish people for showing then. This why we have federal Jurisdiction In this particular area, but that is for the courts to decide. gl 64 October 10, 1985 ~_ v Mayor Ferre: Mr. Rubin, as you knav sihce you, of course, were the attorney on the prevalling side in both the laver, and the appell8ht procedure. The previous pornography ordinance of the city of Mlaml was found wanting in many areas. the Clty Attorney reoa»nehded, by the way, against the advice of such organizations as morality, and media, and others who wanted us to take ft to the Supreme Court, but our City Attorney after consulting a cohstitutional I awyer I n Wash I hgton rec~cn~tiended after a great dea I of study that we shoo I d not take that particular ordinance to the Supreme court. For the past six months they have been very carefully drafting... we have retained... this Ccrtmisslon authorized the City Attorney to retain one of the most prominent, and highest recognized constitutional attorneys In Washington dealing with first amendment rights, and with the careful guidance of the City Attorney, and our constitutional consultant in Washington, Ms. Dougherty, and the Legal Department has drawn up a new law. This strips---if you will forgive the pun---a l l of the s I de t ssues, and gets ,lust to the very very s imp l e heart of the matter . Now, yes, I t i s true that there I s no definition of I ndecency . You are correct, and that's exactly what the Issue is all about. There was a time when there was no definition of obscenity. There was a time in the Supreme Court rulings when that had never been decided. The Supreme Court exist precisely so that people like the citizens of Miami whom we represent ca.n take such Issues as the definition of obscenity, or the definition now of Indecency that we are wrestling with. Now, I wish to express again my opinion so that we understand each other. The first amendment does not give all American citizens or people here the rights to say and do anything they want. That does not exist. The first amendment has limitations. We all knav that you cannot go Into a theatre and yell "fire". We also, knav that the Supreme Court has said there Is no protection for obscenity In the first amendment. You cannot abuse the first amendment by shaving, and saying obscene things. Nav, in the Pacifica Case, you knav much better than I do, the Supreme Court on a split decision took th(s Issue dealing with radio, and broke new ground. It was not a big step. It wasn't like the previous cases where there had been ma Jor break throughs. Th i s was a sma I I step, and i t made i t very narrow i n Its definition as you told me on that Channel 4 program, and there were very specific cases, but as you will recall a radio station in California put on the famous Carlin Radio Talk Show where the seven so~alled deadly words were stated on radio. There was child who was In the car when the father had the program on, and therefore, was the subject of this whole case that went to the Supreme Court. The Supreme Court ruled, and correct me If I mistake this, that there was a very narrow window to go through here, or to took through, and that since this child was In a car, and since... if first ruled that the FCC, that Is government, did have a right to regular, and that was the... Mr. Rubin: The FOC. Mayor Ferre: That's the proper agency in the federal to control the air waves of the United States, and that they had a right. That was the first thing they said. Then they said that because there was a... that this was proper because a child was affected, and he was Impressed by the use of indecent language. Nav, the City of Miami, If I'm not mistaken, Lucia, and you correct me If I mistake this, feels that the same logic that Is applicable to a radio station, is also applicable in this case to cable television. Naar the question of Jurisdiction is one. Well, we do have same Jurisdiction we think. We have no Jurisdiction over NBC. That we have no problems In agreeing to. We have same Jurisdiction over cable television. Now, i want to say two last things. First, that we put this matter before the electorate, and the people of Miami voted positively for the City of Mlaml Carmission to Involve Itself In fighting any kind of pornography on cable television. So, what we are doing here Is following the mandate of the people of Miami. Secondly, we are going to great lengths In trying to get the definition of indecency, because that Is precisely what we are trying to deal with. It is no small... It is not coincidental that organizations such as N.O.W., and all feminist organizations in Amer(ca hardly known for their conservative approach to life, have without any exceptions, all fenlnist organizations Jolnerd the fight against pornography. I have an article which is an unbelievable article written by a constitutional lawyer In defense of N.O.W. saying, describing haw this person concludes, mind you, that pornography fs treason. Now,... Mr. Rubin: This Is the danger we face. Mayor Ferre: Yes. I'm not getting Into the arguments of saying that pornography is treason, because I think that's rather far fetched, but there gl 65 October 10, 1985 f Is no question in my mind, and I don't think in yours either, by the way, that there is a direct linkage between pornography, and rape. There have been numerous, numerous very very matey studies done by psychiatrist, psychologists, cultural anthropologists of people fn Jails throughout America, ahd 1 thlhk most of the scientific oorm~unity says there fs no question there Is a linkage between child abuse, ahd we have Just gone through a horrible case here In Miami, that has gotten national prominence. There is linkage between what happens when child are abused sexually. There Is linkage between what is happening in pornography, and the rapes that are increasing throughout America, and I say to you, It Isn't a question only of the degradation of women, and the using of wanan as sex obJects to arouse people in a non-healthy manner that ends up conclusively In rapes, and In child abuse. That's what the people of Miami are against. Now, we may not be able to do anything against NBC In and "The Long Hot Summer", and I don't think... I frankly, was not that offehded by It, and that's not the Issue. The Issue Is that we need to g0 beyond the---Ih this Country---the definition of obscenity, and get Into the definition, hopefully, the Supreme Court of Indecency, and I think If we don't do It, and If Utah doesn't d0 It, somebody Is going to do it, and In my opinion we are under a mandate of the people of Miami to do it. Ncr~v, i will do one more thing which I will Crnmit to you. That If we cannot do it in this election, but after we have, if this thing passes, and goes Into effect, If we have In next year's election if there is a maJority on this Cormiisslon that Is willing to do so, i am willing to submit It one time as an ordinance, and put Into the Charter of the City of Miami, and you can go out and fight It, see, and I guarantee you I will predict to you that the next time we do this with a conclusive ordinance It will pass two to one in this City, because that is the will of the people of this City, and that is the moral standard that this City under the Supreme Court guidance when the Supreme Court told us "You define what you think is moral, and non-moral". Weti, we are doing that, and the people of Miami will have that opportunity once again next year. Mr. Rubin: Thank you, Mr. Mayor. May I very briefly respond, certainly not to debate the Issue. This is no place to do that. You are speaking to the attorney who first raised the danger of violence on television through defense of a boy accused of murder . There I s no one who kno~vs much more about the subJect, because we have another trial coming up in which the same issue Is going to be raised. While I abhor sex for the sake of sex on television, violence, I abhor censorship more. Nobody can vote away my first amendment rights, and the courts have held. Constitutional rights are not up to the people In a plebiscite, they are up to the courts to determine whether you have a right, or whether you don't have a right. As far as the Pacifica Case Is concerned which dealt solely with a radio program, both Judge Hooveler and the Eleventh Circuit, and two courts in Utah have specifically stated that the ~~ Pacifica Case does not apply to cable television, because cable television is not radio, but I arnmend you for attenpttng to define Indecency. Forty years ago a court ruled that it was indecent for a man to go without a shirt to the beach, thirty years ago It was declared Indecent for warren to smoke in public. Indecency moves. Mayor Ferre: Hey, the Supreme Court In the Scott... what was the name of that famous civil war. Mr. Rubin: The Dread Scott Decision. Mayor Ferre: Dread Scott Decision said that Black people were not human being, and they were chattle So, I'm not saying that the Supreme Court is always correct, but that's the only place we have got to go Isn't It. Mr. Rubin: I will be very happy to meet your constitutional expert, and we will have a very fine debate. Thank you, far your t(me. Mayor Ferre: Madam Clty Attorney 1 would like to... and I will recognize you to a moment Martha, but before we recognize another citizen, are you satisfied that this will meet the constitutional test? Ms. Dougherty: Mr. Mayor, I think the best way to respond to your inquiry is to read from the summary of the letters that were sent to us by our constitutional expert In Washington. In the response to that question he said "If the City wishes to pursue regulation of cable Indecency our advice would be to amendment the ordinance, one, to correct the due process problem which we have done, and two, to allow a late even period which questionable, but not obscene cable programs could run without restriction. If both amendments are 91 66 October 10, 1985 made it Is our opinion that you have a good fighting chance, better than fifty fifty to prevail In the Supreme Court. If only the due process amendment is made, we think you chances on the first amendment with the present ordinance are only fair, less than fifty fifty. So, I would concur with our lawyers, ahd that you have In the Supreme Court, not In the trial court, but in the Supreme Court if we should be favorably to get there would have a better than fifty fifty chance of wlnning. Mr. Dawkins: So, Madam Clty Attorney what you are saying is that you do not agree with the same opinion of the counselor who Just spoke, who says that we do not have a chance of winning In court. You are saying that we have are fifty fifty chance. Ms. Dougherty: We have better than fifty fifty in the Supreme Court. Mr. Dawkins: Thank you. Mayor Ferre: All right, I submit to you members of the Carmisslon that the people of Miami four years ago voted for us to continue this matter until we got it clarified. They do not want pornography on cable television, and I think the ohly way to do It Is to If we have lost first time at bat, and we now up a second time at bat, and I think this time we are doing this with clear constitutional guidance. We have came down to one Issue, hopefully, and let's... I think we neat! to pursue this, and I hope that other governments fn America wll! pursue this also. I might point out to you that as of two months ago... Lucia, was it two months ago that the FCC has now rendered new guidelines for cable television. Is that correct? .,, Ms. Dougherty: Well, we have a new law. Mayor Ferre: And the new law as 1 understand it itself deals with Indecency. What does the new law say? Ms. Dougherty: It permits local government to regulate Indecency. Mayor Ferre: Now, let's repeat that again, and would you send a copy of that to attorney Ellis Rubin of the new law. Ms. Dougherty: I would be happy to. Mayor Ferre: That the new law says that local governments have the right to deal with Indecency. Now, I'm not saying that that's not going to be challenged. Ms. Dougherty: Yes, sir. Mayor Ferre: Ms. Francht. Ms. Marta FranChl: (IN SPANISH ) My name is Martha Franchi. Mayor Ferre: We will get a translator. My name Is Marta Franch(. Ms. Franchi: (IN SPANISH). Mr. Cesar Odlo: (TRANSLATES FOR MARTA FRANC~iI). I the name of the a cerrrnittee Pro-Life which is a founder, I came to show you that we are _ discontent, because of the television programs that are being shown on cable that are pornographic, obscene, and hurtful to our youth, because of that I ask the Mayor , and the mer'rbers of the C I ty Corm i ss I on, that on baba t f warren , our mothers, our sons, do sanething so that these programs that are so hurtful to our kids that are free to watch it in the roans without any control fran their parents could hurt them, and by watching these programs before their time. Because of that Mr. Mayor, I will hope that you listen to our prayers, or I f not we... they w I I I take th I s as far as they have to take I t to avo I d that this continues happening in our banes, and in the roans of our house. Thank you very much. Mayor Ferre: Thank you. Are there any further public speakers? Does anybody In the Carmisslon have a question? If not, what Is the will of the Camr i ss l on? gl 67 October 10, 1985 Mr. Perez: Could I ask Mr. Mayor, of the City Attorney, do we have time to place a question in the run--0ff election on November? Ms. Dougherty: No, sir. Mr. Perez: Not In the run--off. Mayor Ferre: Next year. Mr. Perez: I'm not talking about the primary, I'm talking about the run-off. We don't have enough time for the run-off? Ms. Dougherty: I don't think so. It's not sixty days. No, sir. Mayor Ferre: Is there a motion for this? Mr. Plumper: Mr. Mayor, I have no problem with making the motion. Mr. Rubin works for a cilent, and he does most of the times what his client tells him to do, and he goes forth, and represents him in the best fashion. We work for a cilent, and I think It's the taxpayers of this camiunity, and the taxpayers of this ccrmxanity Indicated In a ballot that they favored by the maJor percentage... Mayor Ferre: You mean the voters. Mr. Plumper: The voters, the taxpayers, the people who went to the polls, and they Indicated at that time to the Conmission by their vote that they w(shed for this kind of an ordinance to be In place. So, I have no problem representing the people who put us here, and as such representing their thoughts, and their desires I would move this adoption of th(s ordinance. Mayor Ferre: Is there a second? Mr. Plumper: And Mr. Mayor, for the record... There Is no second on that. For the record Mr. Mayor, I have absolute no problem with gong back to another referendum where as you, and I know that the first one was a straw ballot, the second be(ng mandated, I think would be even stronger than the first one. Mayor Ferre: You betcha. All right, is there a second? Mr. Dawkins: Second, and under discussion. I second it because as was said by the attorney Mr. Ellis Rubin, this will end up in court, and in America _ when we reach an Impasse, the place to go Is court, and when you get out of court, you may not agree with the decision, but that's final. So, the City Attorney says we have a fifty fifty chance of winning, and I think Mr. Ellis Rubin think we got a sixty/forty chance of losing. So, we will see each other In court. Mayor Ferre: Further discussion, call the roll. Ms. Hirai: It's an ordinance. Mayor Ferre: Call the roil. I gl 68 October 10, 1985 _ .~.~ _ ~,_ . ., ~~._~w --- . AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING SECTION (a) OF SECTION 10.5-20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, WHICH PROHIBITED THE USE OF OBSCENE OR INDECENT MATERIAL OVER CABLE TELEVISION, BY DELETING THE PRIOR JUDICIAL DETERMINATION REQUIREMENT; FURTHER AMENDING PARAC~APH 3 OF SUBSECTION (b) OF SECTION 10.5-20 ENTITLED "INDECENT MATERIAL" BY PROVIDING FOR A MJRE SPECIFIC DEFINITION THEREOF AND A TIME DURING WHICH INDECENT PROGRAIN~AING MAY BE DISTRIBUTED; FURTHER AMENDIN; SECTION (d) OF SECTION 10.5-20 BY REPEALING SAID SECTION, DEALII~ WITH THE PROCEDURES BEFORE THE CITY MAJ~AGER AND THE SANCTIONS FOR VIOLATIONS, AND SUBSTITUTING IN ITS STEAD A NEW SECTION (d), PROVIDING FOR NJTICE AND RECEIPT OF OCI~IPLAINTS; FURTHER PROVIDINGa FOR INJUNCTIVE RELIEF TO BE SOLX~iT BY THE CITY ATTORNEY FOR VIOLATIONS OF SECTION (d) IN AOOORDANCE WITH FLORIDA STATUTES; OONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. Was Introduced by Ccnmissloner Pluimier and seconded by Commissioner Dawkins and was passed on Its first reading by title by the following vote- AYES: Commissioner Miller J. Dawkins C.onm I ss 1 over J. L. P I ummer , J r. Corm i ss l oner Demist r i o t. Perez , J r. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice-Mayor Jce 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. ON ROLL CALL: Mayor Ferre: Let me Just say that this has been a very carefully thought out, and very carefully drafted ordinance. It Is almost a minimum. I made a ` statement to the press the other day, and I want to correct it on the record. Nbrality In Media has had nothing to do with the drafting of this, and as a matter of fact, Morality In Media called me up, they think this is much much too soft. They think we should make it much more restrictive, and they think that we probably have a very good chance of winning this, and that they think we ought to be a little bit bolder, and I told Lucia that we ought to get the very minimum of what It Is that we are trying to establish so that at least we can take that first step. Our main goal is either, hopefully, not censorship, because that's not what we are doing. There are no sensor here. The courts have to deal with that. Hopefully, after Ellis, and others will test this in court, if it get's to the Supreme Court, I think we have got a better than even chance of winning. If it doesn't get to the Supreme Court, and it stands, I think we have made a statement to the people that want to put Indecency on television, and I vote "yes". 44. ALLOCATE $40,000 TO FLORIDA A8M UNIVERSITY NATIONAL ALUVNI ASSOCIATION, INC. IN OON~ECTION WITH THE 1985 ORANGE BOWL CLASSIC WITH THE CITY BECOWIING SOLE SPON90R FOR THIS EVENT. Mr. Dawkins: Mr. Mayor, I have three pocket Items and two of then I can't do now, because... Mr. Manager, would you have saneone from the Sanitation Department cane, and explain to me the case of Mr. Bob Breg. Also, I need for someone to explain to me the procedure for an aide taking leave, and Mr. Mayor, the second one Is, as you know we are attempting to bring the Florida A8JV1 Classic back, and I told them that In the event that money was approprlatexi any where, that I would be in favor of asking that money be given to them, and this morning in Item 29 we appropriate forty-five thousand gl 69 October 10, 1985 -- __ -- ~ - r. _._--.. dollars for the Superstars. So, I ipove that frcm the same fund that up to forty thousand dollars, Including whatever in-kited is necessary be designated for the Orange B l ossop C l ass i c, and that the C i ty of M i 8Vp l be des i ghated as the sole sponsor, and if we are not the sole sponsor next year, we don't participate. Mr. Plumper: Let me understand what you are saying Crnmissloner Dawkins. What you are saying is that this will be a City event? Mr. Dawkins: To prapote tourism in the City of Miami. Mr. Plumper: But this will be a City event which means that the Clty Manager's Office, and all... Mr. Dawkins: Mr. Manager, you better listen. Mr. Plumper: That at all times the final decisions can, and will be made by the City Manager. Mr. Dawkins: If they do not accept those rules, and regulations that we do not put any money. Mr. Plumper: And you are making a motion then that this event, City sponsored event be funded to the tune of forty thousand dollars? Mr. Dawkins: Up to. Mr. Plumper: I can Ilve with that. Mayor Ferre: Now, In other words... Mr. Plummer: Orange Blossap. It will now be Mr. Mayor, a City sponsored event for promotion, and tourism with the City Manager... Mayor Ferre: Here canes the Film Festival. Mr. Plumper: No, no, no. Listen to me. Where the City Manager can, and will make all final decisions. Mr. Dawkins: See, I see no difference between that, and the Superstar fund for '86. I mean, If we are going to fund one, we are going to fund the other. If we are not going to fund one, we are not going to fund any. Mr. Plumr~er: Don't lose your second. Mayor Ferre: All right, there Is a motion, and a second, call the roll. The following motion was Introduced by Carmissioner Dawkins, who moved Its adoption: MOTION INO. 85-1057 A MDT I ON AUTHORIZING AN ANpUVT IVOT TO EXCEED $40,000 FRCNI SPECIAL PROGRAMS ArD AOOOIlnITS , CONTINGENT FUND, TO THE FLORIDA A & M UNIVERSITY NATIONAL ALUWNI ASSOCIATION. INC., IN OONNECTION WITH THE 1985 ORANGE BLOSSOM CLASSIC SAID ALLOCATION BEING OOPDITIONED UPON THE C I TY OF M I AM I BEING NAIvED AS SOLE SPOIN90R , UPON THE CITY MEVNAGER MAKING ALL FINAL DECISIONS REGARDING THE EVENT AND FURTHER UPON SUBSTANTIAL OOMPLiANCE WITH CITY OF MIAMI ACMINISTRATIVE POLICY NO. APM-1-84, DATED JAIV.li4RY 24 , 1984 . ~. Upon being seconded by Ccmnissloner Plumper, the motion was passed and adopted by the following vote- gl 70 October 10, 1985 AYES: Orntntsstaver oenetrto Perez, Jr. UGrm i ss t otter M t l 1 er J. t~wlc ! ns (brrn i ss loner J . L. P 1 umner , Jr . V i oe-Ml~yor Joe C'~ro I I o Mayer Maurice A. Ferre PDTE: VloetNdyvr Joe Carollo, although absent during roll call, requested of the Clerk to be shown voting with thetrotlon. 45. WAIVE REQUIREMENT FOR SEALED BIO - APPROVE PURCHASE OF LABOR AND PARTS TO REPAIR PISTOL RANGE AT POLICE DEPARTMENT FORM CASWELL INTERNATIONAL EQUIPMENT OQVPANY - $13,679. Mr. Plummer: What's the next one 44? Mr. Pereira: Pistol range. Mr. Plummer: 1 move 44. Mr. Perez: Second. Mayor Ferre: All right, move and seconded, call the roll. The following resolution was introduced by Corrrnlssloner Plummer, who moved Its adoption: RE90LUT I ON IVD . 85-1058 A RESOLUTION BY A FOUR-FIFTH (4/5THS) AFFIRMATIVE MOTE OF THE MEMBERS OF THE CITY OCARVIISSION AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING THE CITY MAf~ER'S FINDING OF SOLE 90URCE; WAIVING THE REQUIREMENT FOR COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF LABOR AJ~D PARTS TO REPAIR THE PISTOL RANGE A7 THE POLICE DEPARTMENT FROM CASWELL INTERNATIONAL EQUIPMENT 00., INC., THE ONLY SUPPLIER, AT A PROPOSED ESTIMATED OOST OF $13, 679.00; ALLOCATING FUNDS THEREFOR FORM THE 1984-85 OPERATING BIDGET OF THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE. (Here follows body of resolution, omitted here and on file In the Office of the Clty Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote- AYES: Cattnlssioner Miller J. Dawkins Corrrm l ss i over J. L. P l ummer , J r. Corrmissloner Demetrlo J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: VIce~Aayor Joe Carotto gl 71 October 10, 1985 46 . OOI~F I RM ORDERING RE90LUT i ON 85-884 FOR OQNSTRUCT I ON OF WYhMQ~OD H I C~iN1AY IMPROVEMENT H-4514. Mayor Ferre: Take up Itett 45. Mr . P t tamer : Nbve I t . Mr. Dawkins: Second. Mayor Ferre: Is there anybody here who wishes to speak on Item 44 or 45. Anybody here on 45. Seeing none, it has been moved, and seconded, call the roll. The following resolution was introduced by Ccxrmisslover Pltmr~er, who moved Its adoption: RESOLUTION hU. 85-1059 A RESOLUTION OONFIRMING ORDERING RESOLUTION ~. 85-884 AND AUTHaFilZil~ THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE OONSTRUCT I ON OF WYNNCX~D H I C~-iWAY IMPROVEMENT H-4514 I N WY~INOOD H I C~-~WAY i MPROVEMENT H I C~-1WAY D I STR I CT H-4514 . (Here follows body of resolution, omitted here and on file In the Office of the City Clerk.) Upon being seconded by Conmissloner Dawkins, the resolution was passed and adopted by the following vote- f AYES: Ccnmfssioner Miller J. Dawkins ~ Cotmissioner J. L. Plummer, Jr. Caimissioner Demetrfo J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice-Mayor Joe Carollo 47. BRIEF DISCUSSION AND OONTINUANCE OF PROPOSED ACQUISITION OF LAPD 8Y Pl1RCfiASE AT APPROXIMATELY 28 S.E. 6 STREET FOR EXTENSION OF BRICKELL PLAZA. Mayor Ferre: Item 46. '~ ~' Mr. Plummer: Mr. Manager, what Is that property to be used for? Mayor Ferre: Brickel! Plaza extension. Mr. Pereira: Which Item? I'm sorry, this gentleman was talking... Mr. Plummer; 46. You are buying an awful tot of property. Mr. Pereira: That's Brlckell Avenue Extension of the... Mayor Ferre: Street right-of-way. Mr . P l umier : What? Mayor Ferre: It's a strut right-Of-way. Mr. Pltmner: Why are we buying? Mayor Ferre: Because we own the streets. gl 72 October 10, 1985 .->_.. ' nd off Mr, Pereira: As far as I am concerned, we need It for expansion of the street and possibility.... Mr. Plummer: No, no, no. This has brought about, If I'm not mistaken by the new bridge. Mr. Rosencrahtz: No, I think Ccmnissioner Plummer, this was approved for acquisition about two years ago by the City Carmission. We have never gone through with the acquisition of the property. We )ust checked the other day the person that owns this particular property has served notice on the City that we either have to buy It or that she wants to sell it to someone else. She has been unable to buy it. We have verified with the Department of Public Works... Mayor Ferre: Well, don't we need this property? Mr. Plummer: What is It going to be used for? Mr. Rosencrantz: It is required by... according to Public Works, it will be required by the City as part of improvements on Brickeil Avenue. Mayor Ferre: About what? Mr. Plummer: What? You are buying almost three quarters of a million dollars worth of property. Mr. Mayor, I move this be deferred. Let them ccme draw me some pictures. Cane draw me some pictures... Mr. Dawkins: Second. Mayor Ferre: All right, it's been moved, and seconded that this Item be continued, and I would commend to the department and I don't mean to be unnecessarily critical, but you know, sir. Look, this Is what's on the agenda here, ok. This Is the Item. blow, there Is no logical way for a non-engineer, or a non-public works person to understand when there is no drawings. This is three quarters of a million dollars of... Mr. Stuart Elliott: Your honor, if I might respond for a moment. Mayor Ferre: You might, Indeed, go ahead. _ Mr. EIllott: My client has been living on this land... Mayor Ferre: Tell us your name first. Mr. EIllott: I'm Stuart EIllott. Mayor Ferre: And who do you represent? Mr. EIllott: I'm representing Rosernary Wickenbreiser I'm an attorney, and my address (s 6150 Southwest 76th Street In South Miami. My client has been I(ving on this property as her home for sane twenty some odd years. Mayor Ferre: Sir. the problem is not with your client. The problem is that a rt~mber of this Carmtsslon does not understand what's going on, because it hasn't been explained by the administration, and he Is entitled. Mr. EIllott: I'm going to explain It If I might. Mr. Dawkins: Explain to me sir... I don't know how much land It is. I don't know where It sits. Mr. EIllott: Fine. The entire parcel Is a little more than a half an acre. Mr. Dawkins: So, you want me to spend a million dollars for a half acre of land. Mr. Elliott: No. Here Is what happened, my client has been living on this property. It' s In terrible disrepair. She Is paying twenty-eight thousand dollars a year !n taxes on It, and can't afford to move from it, or pay the taxes. Two years ago your Crnmisslon passed a resolution taking her entire property. You have done thing about (t since then. She cannot afford to stay gl 73 actober 10. 1985 5: ~~' ": ~ - ,_~. ~~ on this property, and pay these taxes. She cannot afford to move any where else. You are taking her property by this resolution. I ask that today you either this portion, and release the other portion, or release the entire place of property so that she can sell it on the market. She has been stopped frcm selling this property for the last two years by your resolution. She has been trying to sell it. She has ail very good offers. As soon as they go to check, and see If they can buy it they find your resolution, and they cannot do anything about it. She is In terrible shape. She has got a crippled husband. She has no income to support this. Mr. Dawkins: Ali of that I agree with what you are... The rest of It I don't have anything to be worried about, but if it's her land and we are preventing her from utilizing it for profit, I have a problem with it. Mr. Elliott: We have actually filed over a year ago an adverse condemnation suite which is how pending, and we had stopped this suit on the understanding that you were considering the purchase, and that today was going to be the day that It was going to be considered, and either released or purchased. We have been going along on that understand and have postponed our suit for some six to seven months. Mayor Ferre: Mr. City Attorney, you dust came over, and said sar~ething to me. I said go back, and put it on the record. Go ahead. Mr. Clark: The Clty Cempission should be aware of the fact that they adopted on November 16, 1983, a resolution finding, and determining the public need, and necessity for acquiring the fee simple title to this property. They directed the City Attorney's Office to institute and prosecute to a conclusion all of the necessary legal actions to acquire the fee simple title of this property . Nav, what we have done i s put a c I cud s I nce November 16, 1983 on this property. Right now we have determined that there are two lots that were not needed In that original resolution. We are coming before you today to authorize the final acquisition, take out the two lots that we don't need, and let us close on this property. Mr. Dawkins: And how much are you closing in on? Mr. Plumper: Let me tell you what they are doing, sixty dollars a front foot. Mr. Elliott: All right, let me )ust say this. Mr. Plumper: Sixty bucks a foot. Mr. Elliott: We have a private offer for eighty, if you will release it, and we would be glad to take it. So release the whole parcel. Mr. Plumper: That may be the action of this Crnmisslon. Mr. Elliot: We'd be delighted. Mr. Plumper: Fine, but I'm saying why do we the City need it. That's what I'm trying to determine. Mr. Elliott: I would like to know that too, but you have told us you want it and we would Ifke to take It. - Mayor Ferre: Mr. Manager, can somebody in the administration in English explain very simply what all this means. Mr. Clark: BIII Parks the Assistant Director of the department. Mayor Ferre: Mr. Parks, why did we three years ago make a motion to take this land? Why does the City need It? Mr. Dawkins: And why did it take three years to take It. Mayor Ferre: Why, because It's the City of Mlaml. Mr. Pereira: We will have... Go ahead. Mayor Ferre: Why do we need this property Mr. Park. 91 74 October 10, 1985 ..,, ..~ Mr. Parks: We would Ilke to have this property for circulation, but that ISh't... i r Mayor Ferre: Oh, I'm not questioning that. That's not my question. Nvw, why don't you answer my question. Mr. Parks: The point is that we were following the resolution of Novert~ber 16, 1983. Mr. Plumper: Yes, gut obviously, you brought that resolution to us. Why did you bring It? what use are we going to put it to? Mayor Ferre : i mean, I assure that th I s was brought by P I u~rmer or Perez or Carollo, Dawkins or myself. Mr. Plumper: You are talking about three quarters of a million dollars of City taxpayers, very small revenue funds. Ok. But I still as the same question. What Is It going to be used for? Mayor Ferre: Would you answer the question, why do we need this property? Do you kna~7 Mr. Parks: There Is mapped right-of-way by Metro for the People Mover across this lady's property. To remove that we want to buy Just this portion for right of way purposes, give better access to the people in the area Just South of the River keep them to going out on Brickell Avenue bank. Mayor Ferre: Ok. See, but why didn't you say so in the beginning. Mr. Plumper: Weil, be aware. Mr. Parks: It's a better access. Mayor Ferre: In other words, you are saying that this is the property that we need for the people mover extension. Is that It? Mr. Parks: No, the People Mover had platted a lot or mapped across her property. We are only buying that portion we need for street purposes, letting Metro People Mover cane In later and get their portion if they want to. We are reroving that out of the resolution. Mayor Ferre: Mr. Parks, why do we need that property now? Mr. Parks: Because of the lawsuit, and we have been brought up to this point where we must go back now.... Mayor Ferre: So, we are buying a piece of property because of a lawsuit, is that it? Mr. Parks: We are going to extend Brickell Avenue Plaza North. Mr. Plummer: And also, on the record I want you to tell me what you Just told me before. Beware Mr. Mayor, when you buy this one, there is another one In the next block you got to buy at the same price. Mr. Parks: We don't know about the same price, but we can assume it will be pretty close, right. Mr. Plummer: Well, I guarantee you it won't be any cheaper. Mayor Ferre: Why are we buying this property Mr. Parks? Mr. Parks: To remove It out of the lawsuit. Mayor Ferre: So, we are buying a piece of property to get out of a lawsuit. Mr. Pereira: That's not the reason you are buying. Ms. Dougherty: That's not the reason you are buying the property. Mayor Ferre: I didn't think It was. Does anybody know why we are buying this property. 91 75 October 10, 1985 :,•- i,: ~- " ~~ i .,:~ Mr. Elliott: You are buying It because Brickell Plaza dead ends at the trail at the maneht, and you are getting an awful tot of extra traffic from that new bridge when they open, and this Is going to relieve part of your traffic. Mr. PlUlmier: That's the County's responslbll(ty. Mr. Dawkins: And the State. Mr. Elliott: Well, then if that's the case, I would appreciate If you would release our lots. Mr. Plumper: We might do that, but that's what I want to make rational decision on. You hear the gobbledy gook that I'm getting. Mr. Elliott: Well, that's what we have been asking for for the last two years. We assumed that you did that two years ago when you passed this resolution. Mr. Plumper: Sir, and If we did that to you, I apologize. I have asked this matter to be deferred until the 24th. I can go look at the property. I can may be, may be get from the department some rationale, which I haven't been ab I e to get so far . Mayor Ferre: Can sanebody shed some Ilght on this? Jack. Sergio can you do it? Can anybody? Can anybody explain it in English? Mr. Plumper: Would you believe Greek. Mr. Parks: We want to build this street eventually right from 8th Street up to 5th Street, eventually. Right now we are In the process of trying to... Mr. Plumper: What is that street, Mtaml Avenue? Mr. Parks: This will be the extension of Brickell Avenue Plaza up through here to help the circulation and keep then off of Brickell Avenue 8th Street East bound, 7th Street West bound and everybody goes out here, turns around and come back up here. We can give then a short cut. It will help with the Miami bridge for the traffic circulation. It's needed, but we don't need it at the present time except for to clear the title now, and we must do It at this present time. Your resolution in 83 said that you wanted us to purpose it. The Manager has gone on the record trying to get this property, and accordance with your resolution... Mr. Plumper: Which Manager? Which previous Manager? Mr. Pereira: Which Manager? Mr. Parks: The previous Manager, naturally. The one In 83 is... we are trying to get it now. Mayor Ferre: The Manger in 83; I-foward Gary? Mr. Dawkins: Mr. Mayor, Is my understanding from the attorney representing the owner, that they have no problems with us releasing It, and they going back on the open market to sell it? Mr. Elliott: Absolutely, we have agreed to sell it to the Clty for less than its value. That seven hundred sixty thousand dollars that you are oarnplatning about Is about twenty-flue per cent less than the property is worth. Mr. Dawkins: Ok. I will ask my question like the Mayor said in plan English. Mr. Elliott: Yes, we would agree to It being released if you will release these three and half lots. Mr. Dawkins: You would be happy? Mr. Elliott: Absolutely. Mr. Dawkins: Ok. gl 76 a: °; ' # October 10, 1985 :~ r Mr . E I I I of t: (OCt-~~ENT I NAUD I BLE) . Ms. Wickenhouser: We have been taken... my husband, the fruits of his work have gohe dvwh the drain with the time that we have been waiting. He Is suffering in bed, and he will no longer enJoy the fruits of his labor because of this. Mayor Ferre: The problem Is not with you. Mr. PluTm~er: We are talking about two weeks Ma'am. Ms. Wickenhouser: We have been held up, and up, year after year after year. Mr. Plumper: Excuse me. We are talking about two weeks. This matter will... Mayor Ferre: All right, there is a motion on the floor that this matter... look, we need to move along. Its 4:22. There is a motion on... Mr. Elliott: Can we get a compitment that this will definitely be oh the agenda for two weeks . I s that a l l c>yvab l e? Mayor Ferre: Yes. Mr. Dawkins: It will be on the agenda, and we wili buy it from you, and then If we have to turn around, and sell it at the profit you are trying to sell it If we got to rush. Mr. Elliott: We will be glad for you to do it. Just let us out. Mr. Dawkins: Ok. No problem. That's what you want to rush. No problem. MS. Wickenhouser: Actually, you are cutting our property up, and that's another thing... damage against us. Mayor Ferre: I understand. This is a motion by Plumper, seconded by Dawkins, that this Matter be continued, and heard on the 24th Day of October. Further discussion, call the roll. THEREUPON THE FOREC~ING NlDTION TO OONTINUE AGENDA ITEM IVY. 46 to October 24, 1985 was Introduced by Ctrmpissloner Plumpper, and seconded by Ccmnissioner Dawkins, and was passed and adopted by the following vote: AYES: Cumpissloner Miller J. Dawkins Carmissioner J. L. Plumper, Jr. Mayor Maurice A. Ferre NJES: None. ABSENT: Cerrmissioner Demetrio J. Perez, Jr. Vice-Mayor Joe Carollo NOTE FOR THE REQORD: AT THIS POINT, AGENDA 47, HEARING ON APPEAL FRCM DENIAL OF SIDEWALK CAFE PERMIT APPLICATION - 223 EAST FLAGLER STREET WAS WITHDRAWN. 48. GRANT APPLICATION FOR MAJOR USE PERMIT PER ARTICLE 28: MAJOR USE SPECIAL PERMITS - DETAILED REf~UIREMENTS ZONED SPI-5, BRICKELL-MIAMI RIVER RESIDENTIAL-OFFICE DISTRICT AND SPI-4 BRICKELL AREA MAJOR STREETS OVERLAY DISTRICT, AND tSSUAf~E OF DEVELOPMENT ORDER FOR BRICKELL SQUARE PROJECT (PHASES II & III). Mayor Ferre: We are now on Item 49 since 47 was withdrawn and this is the Brickell Square Protect. We have done 48. We are now on 49. The Equitable Life Insurance Carr~pany. Anthony O'Donnell Is the attorney at 845 Brickell Avenue. Planning Department reoampended approval, Planning Advisory Board recamnended approval unanimous. Are there any opponents to this matter. Does anybody oppose the... Mr. Traurig, would you Ilke to wait until Comnissloner ~ Carolio returns? Well, all right. Well then proceed. Go ahead. Yes, sir. gl 77 October 10, 1985 F. '~~., . ~~~ ~t.. '.:~~ ..~ ~ ; Mr. John Lefley: John Lefley, represehting the Planning Department. Just as a brief background, you have already approved the left tower which Is called "Phase I" Ih July of 1983. What the applicant Is hdw ootning in for Is Phase II which is the Southern mast or the... on your right and Phase III which Is the center tower . The deta I I s of the app I 1 cat I on I 'm go I ng to I save to the applicant. Mayor Ferre: Weil, what is the issue? Could you tell us. Mr. Lefley: Development order and mayor use special permit for the center tower and the southern tower and we have a great I I st of benef I is that w I I I Insure f rcm the construction of this, if you would rather not hear that I can turn it over Immediately to the... Mayor Ferre: As I understand It the department is for it. The... both boards approved It. Is there anybody agatnst It here? Mr. Plummer: Well, yes, let's ask a question. Mr. Dawkins: No Black Olive trees right. Mayor Ferre: Would you make... Mr. O'Donnell, would you give us your statement. Mr. Tony O'Donnell: Mr. Mayor, me?nbers of the Commission, for the record my name Is Tony O'Donnell with law offices at 1401 Brickell Avenue. I will be very brief. I have been working along with Robert Traurig on this pro)ect for three years. It represents a corr~binatlon of a considerable amount of work with our consultants, with the City staff and with various agencies at the State and Regional Government. We came here today really to finish what we started two years ago with the enactment of the SPI-5 Ordinance on Brickell. This protect I believe is the only protect that has cane before the Crnmission which completely crn~plles with every provision of the SPI-5 Ordinance, both on the letter, in the spirit, and the Intent of that ordinance. So, we are very proud of It and I believe because of that this Comfilsslon voted in favor of the first Phase of this protect two years ago, that It is maw completed at the Intersection of 8th Street and Brickell Avenue and we intend to c,~ornplete the rest of It over the next several years. We have received the review and reccmnendation of the South Florida Regional Planning Council of your Large Scale Development Crnmittee, your Urban Development Review Board, your Planning Advisory Board and we believe the support of the cenmunity in general for this protect. We are here today for your final approval of a concept that has been, as I say in the making for three years. Mayor Ferre: All right, thank you, Mr. O'Donnell. Questions. Mr. Plummer: Yes. My understanding Is that the applicants are in fully In accord with any Impact fees that might be charged by this City at a later date. Mr. O'Donnell: That's correct. Mr. Plum~r~er: It is also my understanding that you are going to contribute a minimum of one hundred ninety-six thousand two hundred dollars per year for your assessment or if the figure is greater for the People Mover. Mr. O'Donnell: Correct. Mr. Plummer: That you are going to... what Is the next one? Mr. Lefley: There is certain street transportation Improvements. Mr. Plummer: Street Improvements to the tune of five thousand dollars. That you are going to donate to the affordable housing fund one million one hundred twenty thousand eight hundred eight dollars and road and intersection work a hundred thirty thousand. Is that correct for the record? Mr. O'Donnell: That's correct. Mayor Ferre: I might take this opportunity for the press and for the people that are here gathered today, that you know, we hear the ranting and ravings of people called politicians every two years in this and It's Ifke locus or gl 78 October 10, 1985 \ ~'ar same kind of animal call that canes periodically when'the moon is out and the baying beglhs and aII that about how Washington and hav San Francisco does these wonderful things and how... Well, I want to tell you that In this trlckell ordinance which is In effect now, which this department has came up with, we are now doing as much as anybody in the Country to this particular area. Naw, whether or not we can afford to make it applicable beyond this area is something that we will be dealing with hopefully next year. But the point is that a developer such as this very responsible developer in conjunction with Equitable Life is at the forefront of paying the fees that wilt nav pay not only for impact fees If there applicable, but paying money Into a houslhg fund, in the People Mover fund and all types of things that 1 think are major break throughs In this ccimxmity. If It works here and in effect we are getting the private sector to pay more 1 think, than it's fair share, then I think we are making same substantial headway. So, I carmend you and I think this Is a major step in the right direction. I have happen to think that that is the most beautiful building on Brlckell Avenue today. That's my personal opinloh and I think It Is a great welcome addition to the quality of architecture and design in this tavn. Mr. Plummer: How long before you would start this process? Because I know the first... Hav far are you off from occupancy of the first building? Mr. O'Donnell: Thts is Jack Lowe, representing the developer and I would Ilke for him to respond to.... Mr. Plurm~er: Mr. Lave, nice to have you here sir. Mr. Jack Lowe: J. L. The City very kindly granted us a temporary 00 on September 26th. The first tenants moved (n September 27th. Mr. Plummer: And you Just... I really want to tickle your brain for a minute. Atl right, sir. Obviously, you must have a feeling in your financial protections that you can sell these other two buildings. When I sell, I mean lease and get the money's worth out of than. So, you are willing... tell me what you fee I the Iota I pro JeCt I s I n do I I acs and I 'm not trying to get any more of these... Mr. Lave: In today's dollars approximately three hundred million dollars. Mr. Plumper: Three hundred... in other words you have made in that one protect a three hundred million dollar Investment in this cormwnity? Mr. Lowe: In the C(ty of Miami, yes. Mr. Plummer: Fantastic. Mayor Ferre: It really is, you know, people don't realize what's going on, but obviously, with all due respects Tishman-Speyer and Equitable are not fools and If they are willing to spend that kind of money as I Just told Miller, they must know something we don't know and I will tell you what they know. What they know and we do know... Mr. Dawkins: Mayor Ferre: Yes, sir. Mr. Dawkins: I got two questions. Did any construction start on the second two tavers? Mr . Lance : tVo, s I r . Mr. Dawkins: Has any contracts been let on the second two tavers? Mr . Lowe : fib, s I r . Mr. Dawkins: Ok. When you let your contracts and when you start to build t would hope to see Black and Latin prime contractors and subcontractors In your work. I cannot force you to do that, but I would appreciate It sir greatly If I see it. Mr. Lowe: There was a minority hiring program enter Into on the first tower and there will be one on the second and third. gl 79 October 10, 1985 •.•, '~' .~ r :„nl Mr. Dawkins: See minority hiring programs are fine, but they do not sha~v me bodies, see. Sv, I'm Interested Ih you and I walking out seeing bodies and then not a program on a piece of paper. NJTE: Vice Mayor Carollo entered meeting at 4:34 p.m. and requested of the Clerk to be shown as voting with M-85-1057. (See label X44). Mayor Ferre: We are on Item... we are almost finished. Mr . P i umper : 48 . Mayor Ferre: We are nanr on Item 48. Mr. Planner: Is there anything else that you would Ilke to tell the City? Mr. O'Donnell: No, Cerrmissioner, but we do have our architects and our traffic engineers and other consultants here if you have any specific questions that are not contained In the very extensive Planning Department analysis of our protect and in the conditions of the developer order that are In your packet. Mayor Ferre: All right, any further questions? Mr. Plumper: You didn't want to help out at the Marine Stadium. Mr. O'Donnell: Yes, we would be happy to do that. I'm sorry. The landscaping, the two hundred fifty Black Olive trees, was that... Mr. Plurm~er: At the Marine Stadium, thank you. Mr. Carollo: Black Olives, no, sir. We have too many Black Olive trees. Mr. Plumper: I will take White Olive. I don't care. Mayor Ferre: Well, whatever trees. Oak trees. Mr. Carollo: Oak trees. Mayor Ferre: All right, let's move along. Mr. Plumper: I move Item 48. Mayor Ferre: It's 49, sir. Mr. Plumper: I'm sorry, 49.1 think it's a trgnendous asset to the Community. Mayor Ferre: Is there a second? Is there a second? Mr. Dawkins: Yes. Mayor Ferre: Further discussion. Call the roll. gl 80 October 10, 1985 1 •. ~ .~ The following resolution was introduced by Ci,~,piss(oner Plttmier, who moved Its adoption: RES0LUTION hiO. 85-1060 A RESOLUTION OONCERNING THE BRICKELL SgUARE PROJECT PHASES II AND 111 (MORE PARTICULARLY DESCRIBED HEREIN), A DEVELOPMENT OF REGIONAL IMPACT PROPOSEb BY TISF{NAN-SPEYER/EQUITABLE JOINT VENTURE: AUTHDRIZING A DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT; APPROVING SA10 PROJECT WITH MODIFICATIONS AFTER OOIdS I DER i NG THE REPORT AND REOC><VMENDAT I ONS OF THE 90UTH FLORIDA REGIONAL PLANKING OOIaVCIL AM THE CITY OF MIAMI PLANNtf~ ADVISORY BOARD, SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER, ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT ORDER, ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INOORPORATED HEREIN BY REFERENCE, AND THE REPORT AND REOC~AVIENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING OOl1NCIL, ATTACHED HERETO AS EXHIBIT "B", INCLUSIVE, AND INC)OPORATED HEREIN BY REFERENCE; MAKIf~ FINDINGS; PROVIDING THAT THE PERMIT SHALL BE BINDING ON THE APPLICANT AND SUOCESSORS IN INTEREST; FURTHER, DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION AND DEVELOPMENT ORDER TO AFFECTED AGEf~IES AND THE DEVELOPER. (Here follows body of resolution, anltted here and on file in the Office of the City Clerk.) Upon be(ng seconded by Crnmissioner Dawkins, the resolution was passed and adopted by the following vote- AYES: Ccmnisstoner Denetrio Perez, Jr. Compissioner Mllier J. Dawkins Cartmissloner J. L. Plumper, Jr. Vice-Mayor Joe Carollo Mayor Maurice A. Ferre 1 NOES: None. ABSENT: None. 49. BRIEF DISCUSSION AND OONTINUANCE OF PROPOSED REQUEST FOR APPLICATION FOR MAJOR USE PERMIT PER ARTICLE 28: MAJOR USE SPECIAL PERMITS - DETAILED REQUIREMENTS ZONED SPI-5, BRICKELL-MIAMI RIVER RESIDENTIAL-OFFICE DISTRICT AND SPI-5, BRICKELL AREA MAJOR STREETS OVERLAY DISTRICT, AND ISSUANCE OF DEVELOPMENT ORDER FOR 1111 BRICKELL PROJECT. Mayor Ferre: We are now on Item 50, 1111 Brickell Protect. Debbie Malfnsky Is the attorney of record. The department recorm~ended approval with modification. The Planning Advisory Board recam~ended approval unanimous. Are there any opponents present. Is there anybody here In opposition? Mr. Plumper: What is this protect total worth approximately? Ms. Debbie Maiinsky: Approximately two hundred million dollars. Mr. Plumper: You know, 1 never thought that I would see the day where they would be rolling a three hundred million dollar protect out and bringing in a two hundred. Does anybody else want to be third? Mayor Ferre: You know, I hear everyday on the debate c(rcuit that Miami Is in real trouble and things are really bad in Miami and this... Mr. Plumper: gl The Herald says we are going broke. 81 October 10, 1985 ~ ~ "~ Mayor Ferre: And this City is going down teat fast: Nobody wants to Invest money here. Mr. Dawkins: Because of the crime and the high murder rate. Mayor Ferre: Who are the principals In this? Ms. Debbie Malinsky: For the record my Name is Debbie Malinsky. I'm an attorney with offices at 1401 Brlcketl Avenue. The developers of this protect are a group of various Investors from the Northeast and Europe. Mayor Ferre: Do they have a name? Ms. Malinsky: Well, It's 1111 Brickell Associates. Mayor Ferre: Fine and who are 1111 Brickell Associates? Ms. Matinsky: We have a property owners Itst that is about six pages long, numerous... Mayor Ferre: Are they corporations, principals... Ms. Malinsky: Some corporations, same individuals, some other partnerships, limited partnerships. It's a rather extensive fist. Mayor Ferre: Is there a control? Does sdnebody have control? Anybody have more... Ms. Malinsky: The general partner in this Is 1111 Brickell Associates which is managed by Mr. Peter Colverlo, who Is the developer's representative here with me today. Mayor Ferre: Mr. Peter Colverlo Is a representative of whom? Ms. Malinsky: 1111 Brickell Associates. Mayor Ferre: And who is 1111 Brickell Associates? Ms. Malinsky: I could go through the list of owners If you would like. Mayor Ferre: I'm going to ask this Item to be deferred then, because if you are not going to answer my questions, then I'm not going to play around... Ms. Mallnsky: No, sir. I will get the Ilst for you. -( Mayor Ferre: I'm not playing games on this thing. Now, who are the people involved In this project? Mr. Peter Colverio: The entitles are Realco International Inc.... Mayor Ferre: Who? Mr. Peter COlverio: Realco International, Inc. Mayor Ferre: And what is your name? Mr. Peter Colverlo: My name is Peter Colverio. Mayor Ferre: And who Is Realco International? Mr. Peter Colverio: Realoo International, Inc., is a development company based In West Orange New Jersey. Mayor Ferre: It's a developer in West Orange New Jersey. Mr. Peter Colverio: And we are associated with Worn Bank out of Geneva. Mr. Piumrer: But who are the principals of It, sir? Who are the principals of the corporation? Ms. Malinsky: 1 will read through our Ilst of... the owners list that was submitted with the application. The general partner for this project is 1111 gl 82 October 10, 1985 1 ~ ~~. Brickell Drive Associates. The general partner Is W. R, gayshore Associates which is a Florida general parthership. The limited partners are Woodway Development Incorporated a Nw York Corporation, Chicord Services a Netherlands Antilles Corporatioh, Newoo Finance a Netherlands Antilles Corporation. Mr. Plummer: You are losing. Who are the people? I don't know who these... Ms. Mallnsky: I don't get to the people until about page 6. Mr. Pltmner: Do we have copies of that? Ms. Malinsky: Yes, sir. Mayor Ferre: Well, why is this on the agenda today rather than on the Zoning agenda October 24th? is there any reason for that? Ms. Malinsky: If I may. Mayor Ferre: No, I'm not asking you. I'm asking the administration. Mr. Rodriguez: This item was previausiy deferred by you all and then you put a specific date of October 10th for the Item to be heard. Ms. Malinsky: I can give you the names of sane of the principals of the various corporatlonsWhich comprise this...... Mr. Plummer: We have copies. We are Informed. Mayor Ferre: Ok. I Just... you know, we need to know who is Investing these maJor sums of money in Mlaml. Mr. Carollo: What I would Ilke to know fran the administration Is If we deferred last time around and we expected them to cane before the next zoning agenda why do you stick then In this agenda before we even had a time to look at the areas and have score of the questions that we had answered. Mr. Rodriguez: It can be deferred to the next time that you want to... Mayor Ferre: That wasn't the question. Mr. Carollo: You knc~uv what gets me mad about you guys? Now, you get up here and you take positions on this and that and If we don't agree with you you -, condemn the hell out of us, but then when you want to play games with whichever developers or attorneys you want to play games with, you change all the rules to please then. This was supposed to be placed in the next Zoning agenda. So, Inntediately you guys place It on this agenda and then some poor fool that's got a little problem for a duplex or something Domes up here and you treat him Ilke a dog. You know, this Just stinks. I will tell you may be we should have more people retiring than Just Whipple. Mr. Rodriguez: If I may say something for the record. This came before you on July and you set up the meeting for October 10th in which you all voted to setup for this day and this Is the day... Mr. Caroilo: Not on this one, sir. j. yi,;., ' ~-~-'_ Mr. Rodriguez: Yes, sir. If you want to I can look for the resolution. Mr. Carollo: Mr. Mayor, I would Just like to have the Item deferred. Mayor Ferre: All right, there Is a motion that this Item be put on a regular Zoning agenda which Is on the 24th which was the Intention of the deferral at the last meeting. Mr. Plumper: Second the motion. Mayor Ferre: Further discussion, call the roll on continuation. THEREU'OfV THE FOREC~ I NG MDT I ON TO QDNT I Nl~ I TEM IVJ . 50 to the next Ccpm I ss I on meeting was Introduced by Crnmissloner Carollo, and seconded by Carmissioner Plumper, and was passed and adopted by unanimous vote. gl 83 October 10, 1985 1 ~ ~~ 50. RESCIND PREVIOUSLY PASSED RESOLUTION $5-965 REJECTING SOLE PROPOSAL RECEIVED FROM "RELIATINIE, INC." FOR STREET CLOCK TIME AND TEMPERATURE DISPLAY - REFER TO CITY MANAGER TO FURTHER NEO~TIATE AND IDENTIFY SETTER TERMS. Mayor Ferre: We have 52 which is the Realtlme, Inc. All right, Mr. Valez. Mr. Plumper: Can I simplify this Mr. Mayor? Mayor Ferre: You can, indeed, sir. Mr. Plumper: Can I make a motion at this time we send it back to the Manager, and try to negotiate a better deal. Mayor Ferre: All right, this matter has been... first of all, I think you have to rescind the previous motion for it to be totally legal. Mr. Plumr~er: I make a motion to rescind the previous motion. Mayor Ferre: All right, is there a second? Mr. Carollo: Second. Mayor Ferre: All right, further discussion, call the roll. Mr. Plumper: i make a motion to send the Item back to the Manager, to renegotiate If possible for a better deal. Mr. Carollo: Second. Mayor Ferre: Further discussion, call the roll. Atl right, do you want to say anything Mr. Velez. Mr. Velez: No, no. Mayor Ferre: All right, go ahead, call the roll. The fo I I ow i ng motion was I ntroduced by Cann I ss I oner P I t,nmer , who moved Its adoption: NOTION NO. 85-1061 A NOTION TO RESCIND PREVIOUSLY PASSED R-85-965, WHICH REJECTED THE 90LE PROPOSAL RECEIVED FROM "RELIATIME, INC." FOR STREET CLACK TINE AND TEMPERATURE DISPLAY; FURTHER REFERRING THIS MATTER BACK TO THE CITY MANAGER IN ORDER THAT HE MAY IDENTIFY AND NEGOTIATE A BETTER DEAL FOR THE CITY. Upon being seconded by Conmissioner Carollo, the motion was passed and adopted by the following vote- AYES: Commissioner Demetrio Perez, Jr. Crnmissloner Miller J. Dawkins Curmissioner J. L. Plummer, Jr. Vice-Mayor Jce Carolto Mayor Maurice A. Ferre NOES: None. ABSENT: None. ~. gl ~;:: 4 , ~ Yr_N :..1. _. _ _ .. . 84 October 10, 1985 51. PERSONAL APPEARANCE: JOANNE HOLSHOUSER, DISCUSS AN APPROVED LEASE FOR OCMI~~VITY BUILDING IN PEAOOCK PARK. Mayor Ferre: We now are on Iten 53, Mrs. Holshouser. Mr. Carollo: Mrs. Holshouser, are you here representing yourself? Mrs. Joanne Holshouser: I'm here representing myself as a private citizen. Mr. Carollo: Or in representation of the Xavier Suarez campaign? Mrs. Holshouser: D(d you read my letter? Mr. Carollo: No, Ma'am, I did not read your letter and you are so correct. Mrs. Holshouser: I'm here as a person who lives at 4230 Ingraham Highway. I'm not representing any other person except perhaps my husband who pays the taxes. Perhaps. Mr. Carollo: I hope sanebody besides myself Is paying taxes In the Clty. Mrs. HblshoUSer: Would you like to see my receipt of tax bill sir? I'm here on a personal appearance about the Coconut Grove Peacock Park. Could we Just discuss that please? Mr. Carollo: Well, the reason Joanne, that I brought that out since there has been so many vicious attacks on the employer that you have from him upon this city and the service that we do have we do not have in parks. I Just wanted to get that out in the opening and find out If you are here on his behalf to try to cut this City park system down anymore or solely on what you personally believe. Mrs. Holshouser: I'm here to represent myself and I say, perhaps my husband. I don't have a signed letter from him, but I think he goes long with It. Mr. Carollo: Thank you, Ma'am. Mrs. Holshouser: Thank you, sir. If we can go back in history for a little bit since this is my personal appearance and I would like to say what i feel about the subJeCt. I understand that perhaps in January of 1984, may be February, I'm not sure, that the Idea of having the glass house In Peacock Park somehow for the Chamber of Conmerce arouse probably in conversations with Mr. Sorg. I don't know, I was not present, but I was told that It was discussed as far back as that. Mrs. Holshouser: (Don't) This was never brought to my attention. In February of 1984, some of you may remet'tber, we began discussing the entire issue of the Dinner Key Master Plan, and many of us worked many, many, hours on it - private people and City people and other people. During that entire time, I believe, an official of the Chamber was present at several of these general meetings. I can assure you that the Chamber of Ca>Tnerce was Invited by a telephone call to every single meeting that we had during that time. They chose for reasons that I do not know, not to be I nvo I ved I n the d I scuss 1 on about the plans for Peacock Park, or anything else, though they were, I repeat, Invited. We, you renember, came before you all a number of times. We worked with Mr. Bermello . We came up with same plans which you all passed In principal, some of them having to do with Peacock Park. During all of that time, the Chamber of Conmerce never came forth an uttered, to my knowledge, a word about it. All that time, we were planning, that is, those of us who were involved In this, for a park and a building, that many of us fought for a number of years ago, to be a retreat I on bu I I d I ng . I f I can Just cannent on one of the reasons the building Is under-utilized Is because the Clty of Miami, In Its infinite wisdom, through the Director of Parks and Recreation, has basically beggared that park along with others. We have few workers. We have only one In Peacock Park. That worker Is not general able to do the work of three or four or five people. Mayor Ferre: A!I right, anything else you want to ... gl 85 October 10, 1985 ^ Mrs. Holshouser: Yes, i do want! I am not sure anybody was listening and I am not sure what Mr. Sorg is doing participating in my personal appearance, but whatever! Mr. Carollo: Stuart, are you for ar againsst it? Mrs. Holshvuser: if I may finish what I em going to say. Mr. Carollo: Excuse me, Joanne. Are you for, or against this? Mr. Stuart Sorg: I am here In behalf of the Chamber of Conmerce. Mr. Carollo: All right, what he did, Joanne, he brought me a copy of your letter, so you are aware of It. Mrs. Holshouser: Fine. Mr. Carollo: That is all that he did. Mrs. Holshouser: Great. Mr. Carollo: Thank you. Excuse me, go ahead. Mrs. Holshouser: The Chamber of CtYtmerce representative, Ms. LaCicero has at various times given various statements, both to you and to the Press, and i suppose to other people about the entire Issue. At one time, she came before all of you and indicated, implied, that she had talked to me about same of these things, and I was in favor. I was not here that day; someone else was here, said this was not so, said at that time the Coconut Grove Civic Club was opposed to this. I came in to you later and I repeated, Ms. LaCicero, had been asked by me I f they wou I d I Ike to participate I n scree of the p I ans . I had Indicated to her that several different plans had been brought up about what we could do with the plaza that we would like to put where the shuffleboard court was. Mr. Kern approved this. At various times I have offered to Mr. Kern repeatedly, that I, as an individual, and the Coconut Grove Civic Club, and probably other groups, would be happy to form a Friends of Peacock Park, and a Friends of Kennedy Park, or a Friends of Coconut Grove Park. Nothing has ever been acted on by Mr. Kern on this whole matter. Then we get down to the RFP, which I know was brought forward by Mr. Carollo, because scYrie~one asked him to. The park is not properly utilized. The reason it Is not properly utilized is because of what we are told is budgetary constraints. Although all of you, in your Infinite wisdom last year took out X300,000, this year took out $300,000, and gave it to other funds, but we are told you don't have money to operate the park. I really want the public record to ref I ect that you have g I ven an RFP that does not rea I I y describe much of anything. You have allowed a private group, whether It Is non-profit or not should not matter -you have allanred a private group to lease a public park. I don't believe you have had an appraisal of that property. I believe you found that an appraisal would range from $30 to $40 a square foot. You have l et them have i t for $100 a month . At the l ast meeting, the I tem Just prior to th(s was concerning a day nursery, and various Conmissiohers, asked various very cogent questions about things Ilke insurance, indemnity ... you went Into it at length, which was proper, and you asked that that be deferred. This is a lease - If you will look at the lease, you will find that the language in It is so ambiguous, so unclear, that what you are doing Is letting a group of people have for $100 a month, more than 700 feet of the public's property, to do with as they will. You have set up no standards for monitoring it. You have simply sa(d that they can examine with their own ocmnittee and report back to you. This is not satisfactory for any citizen's group, I don't care who they are. Mayor Ferre: Thank you very much. Mrs. Holshouser: No, I really want to finish, please. Mayor Ferre: Well, you have got about 30 seconds of your eight minutes. Mrs. I-bishouser: Thank you. I realize that they got It for the purposes of having tourist Information. Tourist Information Is not generally given by them. Most of the printed material that was disseminated to tourists In ? Coconut Grove is not produced by the Chamber of CAmierce. It fs produced by a gl 86 October 10, 1985 ~,. . :~ , ~. ., }__. ~_ .: ~. ,r ~k T~ ._~ I private group, and f want to point out that in the paper we now have within a few days of your allowing then to lease It for those purposes, you now have then cxmlhg forth and stating that what they wish to do is revive Grove House. Mayor Ferre: All right. Mrs. Hoishouser: Grove House Bled for reasons not concerning this. Grove House should not be resurrected by people who doh't knav what they are doing. You have people who don't know anything about running recreation programs, or arts programs who how are being given permission to use a piece of public land at a ridiculous price. Mayor Ferre: All right, thank you very much, Mrs. Hoishouser. We w(It take your opinion Into consideration in our deliberations. Thank you. Mrs. Holshouser: Could I make one more cormient, please sir, very quickly? Mayor Ferre: Yes, Ma'am, of course. Mrs. HOishouser: I wanted to thank you very much for the compliment you paid me two weeks ago when 1 was not here, but I listened to the tape, and I want to thank you for It. I consider that you said that I was the ... (I don't rener~ber the exact words) ... but the chief person who was anti-things In Coconut Grove, and i think that was a canpliment when 1 consider the matters on which I had been the leading anti, i consider that a carpliment. Mayor Ferre: Is there anything else you want to add? Mrs. HOlshouser: Yes, that is it. 1 consider it a compliment to be anti many of the things. Thank you. Mayor Ferre: All right, the next item before this Commission is item number 25, I think Is the next one, right? Miami Capital. Mr. Rosencrantz: You can go back to the Committee of the Whole items, and then we have the appointments. Mr. Sorg: Goes that conclude It, Mr. Mayor? Mayor Ferre: Yes, I think so. Mr. Carollo: If I may for the record, Mr. Mayor, for those that might think we rented this out to the Mafia or some strange organization, this is rented out to the Coconut Grove Chamber of Cctrrnerce, which Includes the vast ma)ority of business people, with the backing of over 95% of the business establishment of Coconut Grove. They will care for that place. It has been In not the best shape at all, and on top of it, they are going to use It to promote Coconut Grove In the Clty of Mlaml. Mr. Sorg: Cotrmissioner, there are 365 paid supporters. Mr. Carollo: Thank you, sir. Mayor Ferre: I thank you, Mr. ... 52. ALiTFgRtZE OONTRACT WITH MIAMI CAPITAL DEVELOPMENT, INC. - PROVIDE FOR $500,000 ADDITIONAL IN THE EXISTING REVOLVING LOAN FUND (SEE LABEL 31). Mayor Ferre: Yes, sir, we left this rtprning when we broke, and you were In agreement with the ... except, there was a question to the Issue as to whether or not the Clty of Miami Commission was to involve Itself In the process of naming some of the directors. Mr. Alfredo Izaquirre: The only request I have to make on behalf of the board and the executive committee. Is that they want to keep on functioning with the City of Miami on the same basis they have up to now, for five years. Mayor Ferre: All right, what is the will of this Corrmisslon 91 87 October 10, 1985 t. .~ I Mr. Plumper: Mr. Mayor, 1 think the board has a perfect balance. Mayor Ferre: Plumper moves perfect balance. Anybody want to 5eoohd It? Mr. Perez: Second. Mayor Ferre: Second, further discussion? In other words ... Mr. Dawkins: Hav many of these individuals on this board live In the City of Miami? One? Mr. Izaguirre: IVo, sir, more than one. Mr. Dawkins: I am sorry, he was Just kidding me. Go ahead. Mr. Izaguirre: I would say 80'36, and the ones that don't live in the Ctty .. Mr . Dawkins : 8046 Mr. Izaguirre: Yes, and the ones that don't Ilve In the City of Miami have businesses In the Clty of Miami. Mr. Dawkins: Okay. When will these terms explre7 Mr. Izaguirre: February of next year. Mr. Dawkins: February of next year? All right, don't bring me anybody in February who does not live in the City of Miami. I don't care how many businesses they own In the City of Miami. Mayor Ferre: We approved thee. Mr. Izaguirre: Okay, sir. Mayor Ferre: Will we be approving then In February? Mr. Izaguirre: No, sir. That Is on the contract ... Mr. Dawkins: Okay, well then, kill the contract then, or stop the contract, then and insert that into the contract. _- Mayor Ferre: I think that is proper. I think that this contract has a ... Just Ilke we do with the Off-Street Parking, Just like we do with the Downtown Development - It is all right for you to perpetuate yourself. You want our money, you cape here before us for final approval as to who you have selected. Mr. Izaguirre: If that is the pleasure of the City Cerrtnisslon, that would be transmitted to the board. Mayor Ferre: In other words, Plumier's motion ... Mr. Dawkins: NO, no. You can take it to the board. If the board don't want (t, then tell the board don't cane back. Mr. Izaguirre: That's It! Mr. Dawkins: Okay. Mr. Izaguirre: But, that has got to be included on the contract. Mayor Ferre: The motion Is that like all other boards that receive money from the City of Mlaml, including Off-Street Parking and the D.D.A., you have the right to appoint or self-perpetuate the mer~bership of your board, but If you want our money, you bring us the names for final approval. Mr. Izaguirre: Correct, sir. Mr. Plumper; The City retains the right of veto. '~ Mayor Ferre: Veto, as we do with others, no different, but, you Warne your own people, and It has been moved .. gt 88 October 10, 1985 f `i ales ., .:. .__ .~,:~ .,.._~._.~.-_.~~.: -.ALL _- _ ,-. ,~;,": ~.,,_ , 9_ ~ j Mr.lzagulrre: (`lo problem with that, I presume. Mayor Ferre: Yes, all right, call the roll with that improvement. The following resolution was introduced by Conmissloner Plumper, who moved Its adoption: RESOLUTION fib . 85-1062 A RESOLUTION AUTHJRIZING THE CITY MANAGER TO ENTER INTO A OONTRACT IN A FOFInA AOCEPTABLE TO THE CITY ATTORNEY WITH MIAMI CAPITAL DEVELOPMENT, III. (MCDI) WHICH PROVIDES $500,000 IN FUNDS TO IN~EASE THE EXISTING $1,800,000 REVOLVING LAAN FUND (RLF); FURTHER PROViDiI~ $176,204 FOR THE ADMINISTRATIVE OPERATIONS OF N1vDl FOR THE PERIOD OF JULY 1, 1985 TU JUNE 30, 1986; FUNDS FOR SAID PROGRAMS ARE AVAILABLE FRCM THE 11TH YEAR O~kVITY DEVELOPMENT BLOCK GRANT FUND. {Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Ccrttnisstoner Perez, the resolution was passed and adopted by the following vote- AYES: Ccxrmissloner Miller J. Dawkins Cortmissioner J. L. Plummer, Jr. Ccmnissioner Dernetrlo J. Perez, Jr. Mayor Maurice A. Ferre NDES: None. ABSENT: Vlce~-Mayor Joe Carollo Mr. Dawkins: Under discussion. Mayor Ferre: Go ahead! Mr. Dawkins: I have a problen with that insurance exchange, whatever It Is. Mr. Manager, and everybody, how can I get a report of what they are doing, what they said they were going to do, and what they didn't do? Mr. Izaguirre: Well, it Is in Assistant City Manager Herbert Bailey's office and I can get you a Dopy this afternoon. Mr. Dawkins: Mr. Batley Mr. Rosencrantz: Yes, Commissioner, we will ... if you care to, we can prepare a report for you on that particular topic and bring you up to date on all these. Mr. Dawkins: And let me knav exactly what their minority ownership and involvement is. Mr. Izaguirre: Correct, sir. It is already made. I mean, It Is. Mr. Dawkins: Okay, thank you. gl 89 October 10, 1985 .. ~+ 53 . APPOINT I Nb 1 V I DUALS TO THE OL'~AJI I SS I ON ON THE STATUS OF WC~EN ( APPOINTEES WERE MIA LIC~iTE, JEANETTE KEAR90N, BLANCA GALVES, CAROLE TAYLOR). Mayor Ferre: We are now on Item 38, the appointment of the Status of Warren. We are reoonmending Mona Light, Jeanette Kearson, Blanca Galvez and Carole Ann Taylor. All right, does anybody disagree. have any suggestions? Mr. Plumper: Move the names recamtended. Mr. Dawkins: Second. Mayor Ferre: Further discussion? Call the roll The following resolution was Introduced by Commissioner Plumper, who moved Its adoption: RESOLUTION ND. 85-1063 A RE90LUTION APPOINTING CERTAIN INDIVIDUALS TO THE CITY OF M I AM I OCI-RVI I SS I ON ON THE STATUS OF WOMEN . (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Camplssloner Dawkins, the resolution was passed and adopted by the following vote- AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins C~nplssloner J. L. Plumper, Jr. Vice-Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: I would like for the record, because you went over it very quickly, the people that were appointed Is Mona Light, Jeanette Kearson, Blanca Galvez and Carole Ann Taylor. L~t?TE FOR THE Rte: AT THIS PO1NT TFE CITY ODiMA1SSION OONTINUED TO THE NEXT MEETIPG PROPOSED O3WSIDERATION OF APPOIMNEIYf TO 11-E CIVIL SERVICE BOARD (AGETOA lTAN 39) 54. APPOINT MEMBERS TO BOARD OF TRUSTEES OF CITY OF MIAMI FIRE FIC~iTERS' AND POLICE OFFICERS' RETIREMENT TRUST (APPOINTEES WERE MILTON HALL, CHARLES HALL, DON HICKAMN, JESSE DINER). ------------------------------------------------------------------------------ Mayor Ferre: Now we are on Item 40, appointment of four mt!ernbers to the Clty of Mlamtl Firefighters and Police Officers Retlrepent Trust. As I repember, the F.O.P. was Clyde Pettaway, and who was the other one? And Plumper, I think ... Charlie Hall and Don ... (INAUDIBLE BACKGROIlnD OCIVNENTS ) Mr. Dawkins: All right, let's go with Milton Hall. Mr. Plummer: I naninate Don Hickman for sure. ~- ( INAUDIBLE BAiCICGROI~D OCNNENTS ) Mr. Plummer: There are two from Police and two from Fire. 91 90 October 10, 1985 #. ~~ ~ t~ .. ~~! Mr. Dawkins: You have two from Police ahd two from Fire? Mrs. Dougherty: You have to select one for one year and one for two years. Mayor Ferre: i don't think we have any problems with Don Hickman for sure, right? Mr. Plummer: Hvw about Charlie Hall? Mr. Perez: Any Spanish names, or International? Mayor Ferre: Jesse Diner, I think is the other ... that Is the other one that the cops want, J.L.. Mr. Plummer: I doh't know who he Is. Mayor Ferre: 1 don't knew who he is either. Well, make up your minds, now. Mr. Perez: They don't have any Spanish names. Mayor Ferre: Clyde Pettaway and Jesse Diner for the F.O.P. Don Hickman and Charlie Hall ... Mr. Dawkins: I can't go with Clyde Pettaway, Just Ilke you can't go with . Mayor Ferre: That is fine, get somebody Black. Mr. Dawkins: Ail right, Milton Hall. Mr. Plumper: Two on police side. Mr. Dawkins: Yes,on the police side. Mr. Plumper: What Is the name? Mr. Dawkins: Milton Hall, he is a Film director on 54th Street. Mr. Plumper: Who Is the second? Mayor Ferre: Jesse Diner - D-I-n-e-r, and I don't know who he is. Mr. Carollo: Mr. Mayor, if I may, I took my position that I was going to take on the Federal Revenue Sharing at the last meeting. My position hasn't changed at a ll. I am sorry, but 1 still have to make a living, and I have to take off to work. My position hasn't changed. ADTE FOR Ti-E R~ : V ICE-MAIf OR G4FnLL~ lJrf-T Tl-E MEET I PG AT 5:02 P . M . Mr. Plummer: On Halt and Diner, which one is two years, and which one Is one year? Mayor Ferre: I would imagine that Diner Is two years and Hail is one year. Mr. Plummer: Diner is two years ... Mr. Perez: Mr. Mayor, why don't we have more Hispanic last names? Mayor Ferre: See, the legal agreement that we have ... Mayor Ferre: ...with these people is that they have to provide some names and then we choose from those names. Mrs. Dougherty: These are the only people you can select fran right now. Mayor Ferre: No, no, nol Mr . P I unmer : M i r l am A I onzo, I w l l l to I I you , that I s the on l y Span I sh name there! 91 91 October 10, 1985 ,. .t Mayor Ferre: No Mlrlem Alonzo. Hey, we can agr with bon Hickman and Charles Hall, is that right? Mr. Dawkins: Right. Mayor Ferre: Is there a nation? Mr. Plummer: I nominate ... Mr. Rosenerantz: Mr. Mayor, you need to designate which one serves one year and which one shall serve two. Mr. Plummer: I nominate that you be quiet, I'll tell you! Mayor Ferre: Hickman will take two years. Mr. Plummer: I nominate Hickman for two years and Hall for one year. Mayor Ferre: Dawkins seconds. Further discussion on that nomination? Cali the roll. (NJTE FOR THE REOORD: THE APPOINTMENT OF DON HICWNJN AND CHARLES HALL WAS INOORPORATED INTO RESOLUTION NUUBER 85-1064, AS SHl7WN HEREINBELCJW.) Mr. Plummer: Do you want to send the police back? Mayor Ferre: Jesse Diner and Milton Hall. Mr. Dawkins: Hall is one year and Jesse Diner is two years. Mayor Ferre: Is there a second? INAUDIBLE BAICKGROIJnD OGVNENT . Mayor Ferre: You can tell us if we have the right to send them back? I don't think so. I think that is In the contractual agreement. We have to choose.- Mr . Dawkins: I f we send them back and they send us the same ones, there I s nothing we ca n do about it. Mayor Ferre: We have to choose two people, Is that correct ... Mr. Rosencran tz: That Is correct, yes, from the list that they provide to you. Mayor Ferre: They don't have to send anybody back. This is a contractual ... this Is a lawsuit. This Is the Gates law suit that was settled, and that was the agreement. that they would give us six names, and we choose two of those six. Period, that is it. This Is not like one of these boards that we can send back and ... Mr. Plummer: Predicated on that, I second the motion. Mayor Ferre: Further discussion? Call the roll. The following resolution was Introduced by Ccrtmissioner Plummier, who moved Its adoption: RE90LUT I ON fV0. 85-1064 A RESOLUTION APPOINTING FOUR MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIREFIC~iTERS; AND POLICE OFFICERS' RETIREMENT TRUST AS PROVIDED FOR BY CITY OF MIAMI ORDINANCE NO. 10002, (SECTIONS 40-201 AND 4p-202) FOR SPECIFIED TEF~AS OF OFFICE . (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- 91 92 October 10, X985 ~-' AYES: Oanmisstoher Miller J. Dawkihs Canpissioher J. L. Plummer, Jr. Canpisstoner Derr~etrlo J. Perez, Jr. Mayor Maur l c+e A . Ferre NJES: None. ABSENT: VICe-Mayor Joe Carollo 55. APPOINT INDIVIDUALS TO THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST (APPOINTEES WERE ROSE C~JROON, SIMON FERRO, GEOFFREY WATSON) NOTE: 1 APPOINTMENT PENDING. Mr. Plumper: All right, so the next one now Is General Employees and Sanitation. (1 NAUD I BLE BACKGROI~D ODvi~~ENTS ) Mayor Ferre: Tell me again, Rose Gordon and who? Mr. Plumper: How about Rosario? Mr. Rosencrantz: Mr. Mayor ... Mayor Ferre: I Just think that we ought to try to stay away from people that are controversial. I've got no problems ... Mr. Plumper: Hey! We'Il never get anybody who lives here appointed!. Mayor Ferre: No, 1've got no problem with Rose Gordon. Mr. Rosencrantz: Excuse me, Mr. Mayor ... (INAUDIBLE BACKGROIlrD OCAMENTS ) Mr. Perez: I'd Ilke to appoint Simon Ferro. Mr. Dawkins: Okay, fine. Mayor Ferre: AIt right, Simon Ferro and Rose Gordon. Mr. RosenCrantz: I need to advise you, we have been advised by the American Federation of State and County Municipal Employees that they wish to add the name of John Shinn in place of Rosario Kennedy. Mayor Ferre: Okay, so we are choosing Simon Fero and Rose Gordon. How about the Sanitation Employees? Mr. Dawkins: We have got to get sane here. We have got two here. _ Mr. Plumper: Are you telling me that Senator Carrie Meek has agreed to serve on that board? Mr. Dawkins: Yes. Mr. Plumper: Weil, by God, then I want to put her name on it. Mayor Ferre; For who? Mr. Plumper: Senator Carrie Meek. We can have a State Senator on that board. Mayor Ferre: No, no, wait. Simon Fero and Rose Gordon. Mr. Plumper: No, sir. That Is behind us. Mayor Ferre: Have we voted on that? 91 93 October 10, 1985 t~ ,.. . Mr. Rosencrantz: there Is a list of qualifications, w~~ich are ... Mayor Ferre: Wait, please. Hold on, please. Simon Fero for one year, okay, and Rose Gordon for two years. Mr. Plumier: Fine. Mayor Ferre: All right. Perez makes the motioh. All right, do you want to make Simon Fero for two years? Mr. Perez: Yes. Mayor Ferre: Simon Fero, two years. Rose Gordon one year. Mr. Dawkins: Second. Mayor Ferre: Further dlscussionl Call the roll. The following resolution was Introduced by Crnmissioner Perez, who moved Its adoption: RESOLUTION NJ. 85-1065 A RESOLUTION APPOINTII~ FOUR MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST AS PROVIDED FOR BY CITY OF MIAMI ORDINANCE NJ. 10002, (SECTIONS 40-226 AND 40--227) FOR SPECIFIED TERMS OF OFFICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Ccrtmissioner Dawkins, the resolution was passed and adopted by the following vote- AYES: Crnm(ss(oner Miller J. Dawkins Carmissioner J. L. Plummer, Jr. C~cmnissloner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NDES: None. - ABSENT: Vice-~Aayor Joe Carolio Mr. Plummer: I naninate Senator Carrie Meek. Mr. Dawkins: And Jeffrey Watson. Mayor Ferre: They are obviously not employees of the City of Miami, right? I have no problem. Okay, who gets two years. Mr. Plummer: I move it. Carrie Meeks for two and... Mayor Ferre: No, no, no, there I would disagree ... Mr. Rosencrantz: Mr. Mayor, excuse me, before you vote on that, there was prohibition and a qualifica,tfon for people who could be appointed. One of the prohibitions restricted the appointment to people who were not Involved in polttlcai activities. Mr. Plummer: In what? Mr. Rosencrantz: In political activities. If you look on page 2, It glues you the qualifications. Mr. Plumper: Are you telling me Senator Meek can't be qualified? Mayor Ferre: That Is what he Is saying. Mr. PlUttper: Then why Is the name here? ~" Mr. Rosencrantz: We had to subrit the names that the unions provided to us. We have told the unions what the requirements was, and we had to forward to you the names they gave us. Mr, Plu~rrner: And the unioh wants her, is that correct? Well, let me tell you something. If t have got the opportunity to put a State Senator on one of my boards who wants to serve, that Is what I am going to do! Mr. Rosencrantz: Mr. Plattner, I am not expressing an opinion. I am lust reciting the requirements as set ... Mr. Plummer: Who is going to oblect7 I heard you the first time, and who is gO1hg t0 Ob1eCt? Mayor Ferre: You are in technical violation of the law. There is an agreement. You can't arbitrarily Impose sarething without it being ... and this is, J. L., as you know, there are `6150,000,000 involved! Mr. Plumper: Then tell the unions they can't put that name there! Mayor Ferre: Fine. Mr. Rosencrantz: They were told that. Mr. Plummer: Then why is It on the Iist1 Mayor Ferre: I've got no problems with Jeffry Watson for a two year term, and If they want to substitute another name for Senator Carrie Meek because of the technicality ... Mr. Plummer: Are you going to stand here and tell me that T. Willard Fair Isn't Involved in politics? Are you going to stand here and tell me that Rose Gordon is not involved in politics? Mayor Ferre: Yes. Mr. Plummer: Are you going to stand here and tell me that Charlie Hall is not Involved In politics? Mayor Ferre: Yes. Mr. Plummer: Are you going to tell me that Don Hickman is not Involved in politics? Mayor Ferre: Yes. Mr. Plummer: Then you are all a bunch of goons! Mayor Ferre: They don't hold public office. That Is the difference. Mr. Plurttper: Did they say public office or be involved in politics? Mr. Rosencrantz: I would suggest, Carrmissioner Plummer, you read. Mr. Plummer: Read me the terminology. Mr. Rosencrahtz: "Item 8. Not actively involved in, nor aspire to be actively involved in City, County, or State politics. Mr. Plummer: Throw It all outl Mayor Ferre: Sir, you are complicating the situation. Mr. Plummer: Throw the names out. Mayor Ferre: Let me tell you why. because there is no question that Senator Meek Is an office holder. It doesn't say elected official. 95 October 10, 1985 ;~ ~.~ nde~ Mayor Ferre: You~~are playing with a very serious matter that needs a resolution, and I would reoarmiend that we settle on Jeffrey Watson and ask them to submit more Names on the others, and that way these people can meet, okay? Mr. Plumper: That's flue. Mayor Ferre: Miller Dawkins moves. J. L., is that all right with you? Mr. Plumper: Fine. Mayor Ferre: That Jeffrey Watson be given a two year term, and that they ... that Sanitation submit another person in the place of Senator Carrie Meek. Call the roll. The follvwing motion was Introduced by Ccrrmissloner Dawkins, who moved its adoption: NgTION NO. 85-1066 A MOTION REQUESTING THE "AMERICAN FEDERATION OF STATE, OOl1IVTY, AND MUNICIPAL EMPLOYEES" AND THE SANITATION EMPLOYEES AS90C I AT I ON" SIIBM I T TO THE C I TY OOARN I SS I ON MJRE NAMES FROM WHICH THE C i TY Ol">1RVI I SS I ON CAN CHOOSE ONE MJRE INDIVIDUAL FOR APPOINTMENT TO THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST. Upon being seconded by Ccrtmissloner Plumper, the motion was passed and adopted by the following vote- AYES: Ccrtmissioner Miller J. Dawkins Conmissloner J. L. Plumper, Jr. Comrissioner Denetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT : V ice-~Aayor Joe Caro i I o 56. OOPF'IRM SELECTION BY CERTAIN BARGAINING REPRESENTATIVES OF CITY EMPLOYEES AS MEMBERS OF CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD (APPOINTEES WERE: CAROLYN CLARKE, NELSON LISSABET, ROBERT MACK AND ALMA SMITH). Mayor Ferre : We are now on I ten 42, the M I am I Af f I rrnat I ve Action Advisory Board. The following Individuals have been reappointed by the respective unions to serve an additional two terms on the Affirmative Action Board: Robert Mack, for the General Employees; Nelson Llssabet, for the Fire Fighters; Caro lyn Clarke, for the F.O.P.; and Alma Smith, for the Sanitation Employees. Is there a motion? Mr. Plumper: So moved that we accept the names as proffered. Mayor Ferre: Perez seconds. Is there further discussion? Call the roll. The folloYVing resolution was Introduced by Carmissloner Plumper, who moved Its adoption: RE90LUTION NO. 85-1067 A RESOLUT{ON OOPFIRMING THE SELECTION OF INDIVIDUALS BY CERTAIN BARGAINING REPRESENTATIVES OF CITY EMPLOYEES AND REOOCdNIZING SAID INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVt90RY BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Id 96 October 10, 1985 I.' . ~ , a: ... t r e-~ t i`, Upon being seconded by Commissioner Perez, adopted by the following vote- AYES: Carmissloner Miller J. Dawkins Corm1 I ss I over J. L. P I umrr~er , J r. Cannlssloner Denetrlo J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT : V ice-~Viayor Joe Caro I I o 57. DISCUSSION REGARDING FEDERAL REVENUE SHARING FUNDS FOR FY-'85-86. Mayor Ferre: We have discussion on Federal Revenue Sharing, on "B", "C" and "D". On Federal Revenue Sharing, we have people representing ASPIRA and other associations. We also have the Decorator's Row group. Mr. Piumner: Let me, If I may for the record ... Mr. Manager, for the record, was not Federal Revenue Sharing concluded at the last meeting? Mr. Pereira: Yes, sir. Mr. Plummer: Thank you, sir. Mayor Ferre: Crnmissioner Plu~mier, we have people who are involved in Important programs in this carttrxinity, that are greatly affected by the sudden death that we Imposed on then. Mr. Plumrer: I am as well aware of that th(s week as I was two weeks ago, Mr. Mayor. Mayor Ferre: I know. I am not saying that you are going to change. I am Just saying that they do have a right to came before this Commission and ask. Mr. Plum'ner: All ! am doing here Is establishing the record, that is clear. That matter was done. That matter was concluded. Mayor Ferre: We, sir, this morning, agreed to expend $300,000 so that we can have winter games here. And if we can have winter games, we certain can have help for people who are In drastic and dire need of social programs, because If we have to cut something, then I would recarrrtend that we cuts the games and all the other things that we have. I submit to you that the same place that we found $300,000 to play winter games, which I voted for, and am totally in favor of , we can a l so f Ind ... Commissioner Perez at the l ast meeting sa I d "Find $300,000 so that we can carne back and review same of these programs. Now, it Just so happens that that is the same amount of money that we approved this morning for the winter games, and I think that if we can find money for winter games, we can find money for sane of these organizations. Mr. Plummer: For the record, Mr. Mayor. Number one, that Is correct. At your direction ! set up a committee to find the monies to put on this program, at your direction. and I did it with pleasure, because I think it is good for this ocmnunity. the resolution was passed and Mayor Ferre: J. L., 1 voted for this. I agree with you. Mr. Plummer: Second of all, that was not monies that were given way. That Is seed money which will be returned to this Ctty hopefully many fold over. Mayor Ferre: Well, I'll tell you. Haar many people did you employ last year? Ms. Victoria Hernandez: Did we employ? Mayor Ferre: In the ASPiRA programs that you helped ... Ms. Hernandez: There were 300 kids that were served. Id 97 October 10, 1985 ,::~_ ~~ ~~_ „, ,,, , ~ ~ Mayor Ferre: There were 300 kids that were served and will be useful citizens Ih this society with Jobs and Job skills. Nov, is that investment in the welfare of this ccnmunity7 I think It Is. It Is Just as Important to have that, as to have other activities that we sponsor, so all t am saying Is, that you can do anything you want. I am not going to take back my vote on the winter sports. I think It is essential that we have the winter sports, but I can't sit here the same day and vote for winter sports and vote davn some of these programs, So I will move that the City of Miami find $300,000, where we can review some of these programs that were left out. Mr. Plummer: There is a motion made. Is there a second? Mr. Perez: I want to second, but t want to ratify my position, Mr. Mayor, the position that I made public In the last Gannisslon meeting. If we know, and the Administration knc~vs haw to find the funds at the time that we Instructed this Administration, I would tike to have located the $300,000 from the City A[filnistratlon In order to try to pay attention to this Important canmunity agency. That was my position. I think that they have a misunderstanding about my position in the last Comm(ssion meeting. I ratify that position. I am In cunplete favor, and I think that group, ASPIRA, the other Puerto Rican group and ati the groups of this cxrrmunity, not only ASPIRA, are making a great contribution to this ccrmxmity, and I would like to second this motion today, and I would like to have the opportunity that this Acininistratlon be Instructed In order to find the funds in the same way that we find the funds for other protects. Mr. Plummer: is there any further discuss(on? Mr. Dawkins: Mr. Manager ... Mr. Plummer: Mr. Manager - question of you. Mr. Dawkins: This Cvttnission sat here and made a policy and a decision and at that time I asked you, could you find any money to fund these protects. What did you tell me, sir? Mr. Pereira: i will respond to you the same way that I responded last Ca~misslon meeting. I said that we made a reccrtmendation to you that we felt was the best professional recomnendatlon, and that the recrnmendation was based on the fact that we did not have the additional monies to be able to fund this protect for the same level that we funded the year before. Mr. Dawkins: And I told you then that if you could find $300,000, that you should go find it then so that we could fund these protects and then not have to corns back now. Is that correct? Mr. Pereira: You are correct, sir. Mr. Dawkins: Okay, where in the hell did we find $300,000 to fund the winter games? Mr. Pereira: That is an advance that we are giving. That money will be coming back to the City. It Is seed money that we are advancing then. Mr. Dawkins: Mr. Manager, you people make it damn hard for me to sit here and attempt to do what poop l e e l ected me to do. Nov, I sat here I ast t Ime and voted with you because you told me we d(dn't have any money. And I voted with you, knowing sir, and it makes me damn mad to find out that you found $300,000 this morning, especially when I know that the Conference Center has a deficit right now, and that is James E. Knight, or Hyatt, or $4,268,916. Your deficit Government Center Parking has a deficit of $1,559,227. The Miami Stadium has a deficit of one hundred, four hundred forty four dollars. The Downtown Development Plan, which Is going to be a D.R.I., has got $365 as a Ilne Item budgeted for fiscal year -'86. Elimination of Federal Revenue Sharing funds will cause budget problems next year of $1,872,026. The Dinner Key Marina has a surplus of $623,000, while the Miami Marina runs In the red, and yet I Just voted to give Mr. Post $1,000,006 for a losing protect, and then you come here now and tell me this morning that with all of this, that you have got to find money for next year to do with that you found $300,000 to fund some damn winter program. I've got a problan with it. Id 98 October 10, 1985 Mr. Plunmer: Please, Mr. Dawkihs, because you know,°~~' am finding myself in a box here, and I sell them, I don't wear then! Please understand what this winter games Is. This is not glvlhg any money to ah organization. This is ho different than we do with a great deal of seed money. This Comrission authorized me this morning in this winter games, that if they could not produce proJectlons reasonable to show that we would get our seed money back, that there was to be ho money expended. This Is a lot different than turning over $100,000 to a festival or something of that nature. I only went into this winter games under the direction of this Coxrmission to negotiate a contract, but 1 want it understood that that Is not a grant given to them. It Is money up front which the City will get back. Mayor Ferre: We may or may not get (t back, and I am all for it. Mr. Dawkins: Well, I am not for It, and I wasn't here, and whatever the number was, mark me down as "no". Mayor Ferre: Mark me down as "yes". Mr. Dawkins: "No". Mayor Ferre: 1 think it is a great opportunity for us to move ahead and that has got nothing to do with this. Mr. Dawkins: Yes, It does. You know, If we are going to tell people that we don't have no money, Mr. Mayor, Ilke you and I did last time, and then we are going to oatte up this morning and find money, It makes us look like a bunch of damn fools. Mayor Ferre: Miller, t am voting for this because I think we have got to do this. Mr. Dawkins: We don't have to do it, but the Manager puts me in a box, and 1 don't mind telling the Manager that he has got me in a box! Mayor Ferre: Well, Mr. .. Mr. Plummer: All right, is there any further discussion? The motion understood. Call the roll. Mr. Dawkins: Before you call the roll, where are you going to find this $300,000? What are you going to take It from, and what services are you going _ to cut, and what do we have to tell these people that they will not get? Mr. Plurt~rner: The $300,000 that the motion speaks to. Mr. Pereira: There Is a maximum of $300,000, and as Ccrtmissioner Plummer pointed out to you ... Mr. Plumper: No, excuse me. Mr. Manager, he is asking you, if this motion were to pass, as instructed to find $300,000 more for social programs, where would that money cane fran, and what programs would have to be cut? Mr. Pereira: I would have to take a look at the budget, and obviously it Is going to have to Dane out of, you know, departments, and you knav out of the departments of the General Funds ... that is where the money Is. I would have to reduce, you knav ... Mr. Dawkins: Okay, let me ask you another question, because you see, this Is very disturbing to me. Have you reached an agreepent with the bargaining agents? Mr . P I urtTr~er : What agents? Mr. Dawkins: With the unions, the fire, police, sanitation and the other workers? Mr. Pereira: No, we are still on labor union negotiations, sir. Mr. Dawkins: right? So, you don't kna+v what you are going to have to give then, am I ld 99 October 10, 1985 ~r ;' _ ._ _ ~' , Mr. Pereira: That Is right, it is still on the table. Mr. Dawkins: So you may have to find another $6,000,000, am I right? Mr. Pereira: You are correct. Mr. Dawkins: So where in the hell is this money arning frog? Mr. Pereira: You know our proposal to the unions is no Increase, and we made it very clear In the budget message that for every percent that we glue in terms of a salary Increase, It will be a reduction of personnel. That is the only way that we are going to be able to get to capture that money. Mr. Dawkins: I am going to tell you, all of you, this is a very unpopular position. Listen to me all of you, please. This Is a very unpopular situation to be in, okay? But i am not going to sit here and be made a mockery of . Now, when we were here before, you to I d me you d I dn' t have no money, and i am going along with that, so the vote Is 2 - 2. I am not voting to find no money, to fund no social programs because we made a policy that we were going to feed the hungry, and were going to minister to the sick. Nc~v, Mr . Manager , when you f i nd the money, and you cane back to th i s Come f ss i on, and tell me you got $300,000, and you bring back and lay it out how you are going to give it to these Individuals, then you have got me, but I am not going to have these people leaving here thinking that you may, or may not find $300,000 and their hopes are up for nothing, so now. Mr. Manager, if you are going to find $300,000, find It by the next meeting and everybody cone back at the next meeting and you tell then how much money you got for them. Mr. Plumper: Further discussion? Mr. Perez: Mr. Manager, yesterday when I meet with question about this morning, you told me that you have the possibility of making some Department, or In any other department of the City? Mr. Pereira: No, no, no. I said to you yesterday, motion that was presented, then sane money would departments, which Is what I )ust told the ... you, and I asked you some ad)ustment in the Police that If the Board passed a have to cane out of the Mr. Perez: Okay, you are right, but in our words, if this Commission Instructs you with 3 votes to find the $300,000, you think that would be reasonable to find those funds for example, in the Police Department, or any other department of the C(ty? Mr. Pereira: If you Instruct me, and there is a vote to find $300,000, my answer to you is the same that I gave Ccrtmissioner Dawkins, I will have to go and cut departments, you know, for that amount, and reduce their budgets in order to Dane up with the money. That is the only place that I can came up with that money frog. Mr. Plumper: Further discussion? Mr. Dawkins: Yes, Mr. Manager, you carne up with a bare-bone budget. You tell me you are not going to raise taxes, and yet still, you play games! ... or you, or your staff, or sanebody is playing games! I mean, all these people out here, when they leave, you know what they are going to go right to the ~~ _ Black comrxrnity and say? Miller Dawkins voted against us getting money", and you damn right, ft was principle, not them. It !s the principles that we set here, and I f you are not going to have somebody and vote for that, and they got some principles that you can rely on and believe in, you don't need to vote for then. Now, you sat here and told me we didn't have no money, and I went along with it and denied all these people out here what was rightfully theirs! And then you are going to cane back today and tell me we have got $300,000 to give these people! Mr. Pereira: I didn't say that! I didn't say that! Mr. Plunger: No, he didn't say that at all! Mr. Dawkins: Yes, but there is nobody out there who doesn`t believe you said that. Okay, everybody out there who believes that the Manager does not Intend to have $300,000 you carne here, stand up! Id 100 October 10, 1985 ,,.-. _ _ - ,_ _ ~ ~ ~, ..~~ _ ~ '~ Mr. Pereira: I don't have any money! I don't understand what he is saying! Mr. Dawkins: See, I mean, and I can't be a part of this. Either you have got $300,000, or you don't have it! Mr. Pereira: I said more than 10 times that we do not have the money. Mr. Dawkins: Yes, but see, you say that, and you mean it, but these people not ... see, these people hopes! ... and aspirations and their programs depend on us being positive and they could be positive. Now, if they leave here today and they come back here next week, and you tell then like you told me, "I don't have no money", they don't know ... we don't know what we are doing! Mr. Plum'ner: Crnmissloner Dawkins, these people would have been entitled to their money If these funds to the City were not 3696! The funds are not there! Now, the coverage Is there. We took a policy decision that we were going to feed the hungry and treat the sick. There was no money left over. It Is Just that simple! Now, he has said, unless he changes ... the only reason they are back here, I don't know who scheduled this on the agenda, whoever did this on the agenda, to me gives then false hope! Mayor Ferre: Me, I scheduled it on the agenda, I want to remind you that I voted ... Mr. Plummer: Whoever scheduled this for the agenda two weeks from now, to me, unless the Manager changes h(s mind, is false hope! Mayor Ferre: I will continue to try to get a third vote to get the money, and I voted - you know I voted against it. I remind you it was 4 to 1. Mr. Dawkins: See, but It is not a matter, to me, of 3 votes, 2 votes, or 5 votes! It is a matter to me of faith and credibility, okay? Now, we said before that we were going to feed the hungry. Mr. Plummer: That is right. Mr. Dawkins: I have no problems with taking the money, if you have got 3 votes up here, Instead of telling the Manager to find the money, take the money, redistribute It, and the feeding programs will run out of money (n 90 days, and you will have nobody to feed, and t don't know where they are going. Mayor Ferre: Well, this Is going to be academic as of next year, when the Federal government cuts out a!I Federal revenues. :~ Mr. Plummer: There are no monies at all! Mayor Ferre: Let's vote one way or the other. Mr. Dawkins: Okay, well let me ... I've made myself clear, that the Manager find $300,000 and bring back a Ilst of how you are going to distribute it to these individuals, and you have got me. I am not voting it. Mr. Plummer: What you are saying is, if he finds the $300,000. Mr. Dawkins: Well, he must plan to find (t. He told them to carne back! Mr. Pereira: i didn't say that! Mr. Plumper: No, he didn't say that! No, no, Ferre acipits that he told then to ccrrie back, not the Manager . Mr. Dawkins: No, watt a minute. I mean, right is right. The Mayor said that he put It on the agenda for discussion. Mr. Plumper: Exactly! Mr. Dawkins: Maurice Ferre did not tell these people to come back. He put it on,the agenda for discussion, (s that right? Mayor Ferre: I put It on the agenda for discussion, because it was my Intention to make a motion, if t could, for $300,000 to came from the General Id 101 October 10, 1985 Funds of the Ctty of Miami for the purposes of social programs to start, period! Mr. Plummer: We are speaking to the deferral now. That is the motion on the floor. Is there any further discussion among the Crnmission? Read the motion back. Ms. Hirai: Direct City Manager to try and identify 5300,000 in order to review sane of the social programs that are requesting money. Mr. Piurm-er: Okay, and that is the motion of the Mayor, and seconded by Perez. Is there any further discussion? Call the roll. NIJTION DEFEATED. On motion by Mayor Ferre and seconded by Commissioner Perez, the foregoing motion pertaining to directing City Manager to find 5300,000 for unfunded social programs was defeated by the following vote: AYES: Carmissioner Perez Mayor Maurice A. Ferre NJES: (',amtissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ABSENT :Vice-~llayor Joe Caro I I o Ms. Victoria Hernandez: Mr. Mayor, can I address the Calmissioners, please? Mr. Dawkins: Yes, Ma'am, please. Yes, sure. Ms. Hernandez: I don't want to be in the uncomfortable position of ... Mr. Plummer: Oh, Joln the crowd! If you don't think sitt(ng up here fn this seat, in may seat, telling you people "no" is damn uncomfortable, I want to tell you It Is! 1 Ms. Hernandez: I understand, and the agencies that are here, don't want to pit agency against agency, taking money from one group to the other. However, you have funded many of these agencies for years nav, recognizing the Invaluable services that we provide to wide segments of this camx~nlty, and I knav that you are faced with a terrible predicament. However, and I know that you all would like to make the correct, fair decision, and as human beings, all of us can review our decisions and come up with other decisions. You have two opt Ions - one of the opt I ons was Just defeated . The other option f s to change your F.R.S. votes. Mayor Ferre: I will tell you what. No, I can't do it, and let me tell you why I cannot do It. Madam City Attorney, I was on the non-prevailing side, is that correct? Mr. Plumper: Teli me what your motion is, I might make it! Mayor Ferre: She wants us to rescind the previous motion and go back and give everybody a 3696 cut across the board, and I voted, as you knanr, that was a 4 to 1 vote. I voted on the minority. Legally, I cannot make the motion to rescind because I didn't vote on the prevailing side. The only people that can make a motion to rescind are those who voted on the prevailing side, so If anybody wants to change that position, they are welcome to make the motion, but that Is It - I can't make the motion, under our rules. Mr. Plummer: Let me tell you - I will tell you on the record, I will tell you off the record, If at any time ever more money is found, I will help, but I've got to tell you, you know, the thing (s caning down! And you think this year's decision Is hard - next year Is going to be impossible, because then we are not going to have money, and we are not going to have money to take care of the elderly. That Is going to be more hard! Ms. Hernandez: We understand that, Ccmpissioner, however, we were given 4 day notice and really, the rug was pulled underneath us. At least give us a < chance - give us 6 months, give us 9 months, give us a year to find alternate fundingl Id 102 October 10, 1985 ~' 103 Mr. Plumper: If the monies were there, I would vote to do it, but the monies are not there. You know, I keep coming back, it is a simple answer! Ms. Hernandez: We have before you petitions, over 1,000 signatures of people of City of Mlaml residents, who are saying to you directly, that there are more needs than Just feeding the hungry. There are other needs. A child's developmeht is very Important. Crime prevention is very important. The school dropout rate ... Mr . P I umner : Obv I ous I y ! No question ! But , I guarantee you , I f we cut out today ... let me give you an example. If we cut out one food program today, we will have 5,000 signatures from that side telling us that we did wrong. Now, you know, I made a statepent here before. You talk about crime. The meanest man in the world is a man with an empty belly. He will do anything to fill that stomach. Ms. Hernandez: We understand that, but we are equipping these kids who are sitting right here to be the future leaders of this community who will be able to perhaps solve that problem. Mr. Plummer: We can't be a cure-all to all people. Mayor Ferre: Look, this thing has been debated, and unless somebody wants to chance thefr position ... I do think, out of fairness, out of the $911,000, or whatever it was that we distributed, there was over $100,000 that we added to programs that did not get that before. Mr. Plummer: That what? Mayor Ferre: We added money to the programs. Mr. Plurn~er: The new programs? Mayor Ferre: Yes. Mr. Dawkins: No. Mr. Plumper: No, not new programs. Mayor Ferre: Oh, existing programs? Mr. Plumper: No, sir, not one! Mayor Ferre: Existing programs that were funded at last year's level ... Mr. Plumper: And the Increase they are funding, yes, but not a new program. None! Mr. Dawkins: But, (t was the $100,000 left over with which programs might have been wound davn, and we sat here and distributed It and when you got to the last $40,000, I took that and gave it to somebody, I don't know who. Mr . P I urpY~er : JESCA. Mr. Dawkins: JESCA. Mr. Plumper: That is right. Ms. Hernandez: There were agencies that were doubled, in terms of their budgets and some of them Increased. Mr. Dawkins: Doubled? Ms. Hernandez: Yes. Mr. Plumper: No! Not doublet!. Ms. Hernandez: Yes, there were figures. Your resolution ... Excuse me, but there were, and we have the Id ~,-- October 10, 1985 ~ ~w& Mr. Plu~nrier: JESCA was the biggest recipient of more money because they proved that they had the best food program. F-'' ^., ~.. ... Mr, Dawkins: No, they had the ohiy food program in the Black co'nriunlty. Mr. Pium~er: And then you had the Senior Citizen's Center, which was another food program, and we increased that by $25,000, form $175,000 to $200,000. There was not a new program funded, and the only ones that we took the excess monies frcm were the monies that we put back Into food programs. Ms. Hernandez: That Is right, but some agencies, two agencies ih particular, their budget was doubled over last year, and there was one that there was an increase of $20,000 over the last year. Mr. Pitnmer: What agency? What agency? Ms. Hernandez: Allapattah Comity Action was doubled. The JESCA was doubled, and I understand ... and Senior Centers of Dade County received $20,000 Increase, and I repeat ... Mr. Plum'ner: I am sorry. You are absolutely correct, because the Allapattah program of Orlando Urra is a City program. That fs our program! That is not outside. We built that center. We put our taxpayer's money to build that center . We sure I y can' t say to the peop I e - "NcxN you have a center . I am sorry, you can't eat". Ms. Hernandez: These are City of Miami residents also! They are taxpayers. They are people who are also in need. Mr. Perez: What kind of funds do you receive from the County and from the State and other sources? Ms. Hernandez: My particular agency? We received United Way funds, State funds and County funds. However, that does not serve the City of Mlaml residents. Mr. Dawkins: There Is no program here that I am closer to, or would want to fund more so than this program. Now, here is a program that came here with nothing and started out and got where they are. So, if I had any money, I would give It to ASPIRA, because they are doing what I think should be done, and that Is, work with youngsters to prevent crime, the same as Tacoicy is doing, to prevent crime, rather than waiting until they becape criminals, and then go through i t , but again, even i f a l of of poop l e are going to go out there i n the B I ack ccrmxan I ty, I w t l l I ose a tot of votes, but I wou I d rather lose your vote than to have you lose confidence in me and my word. Ms. Hernandez: Excuse me. Still, one of you could make the motion to change the F.R.S. vote and distr(bute the monies more fairly and equitable among all of these other agenC(es. Mr. Plumper: Then you are changing the policy. Can't do it! Ms. Hernandez: But you did It last year. Mr. Plurm~er: Last year it was not 3696 ... why am I the one ... I keep repeating myself. Last year we were not 3696 down! Mr. Dawkins: Mr. Castaneda ... Mr. Frank Castaneda: Yes, sir? Mr. Dawkins: Read me off either one of the programs that you read off for the funding - either one, it doesn't matter. Somebody get a calculator over there, please. Mr. Plummer: JESCA, and Allapattah. Mr. Dawkins: No, we got the least amount of money - don't bother us. Mr. Plumper: I agree with that, and the other one was Allapattah Cam~unity Center. Id 104 October 10, 1985 ~y y;i xi 1`~!. `•` ~ V` Mr. Dawkins: All right, you got a calculator, sir? with the amouht of rt~ney that he has operating ... does he operate 5 days a week, or 7 days a week? Mr. Castaneda: Allapattah? Mr. Dawkins: Yes, which ever one she raised. Mr. Castaneda: 5 days. Mr. Dawkins: 5 days? Divide 5 days Into what we gave them and give me an amClUht . Mr. Castaheda: $88,942. Mr. Dawkins: Okay, divide that by 5 days and give me a dally amount. Mr. Plummer: IVo, daily? She has to divide It by a year. Mr. Castaneda: $247. Mr. Dawkins: $247 a day? Mr. Castaneda: A day. Mr. Dawkins: Approximately how many people do they feed a day? Mr. Pluimier: 350. i was there this week. Mr. Dawkins: 350? Unidentified Speaker: 300 to 400. Mr . P I um~rier : How much? Mr. Dawkins: They are feeding 400 with how much now? Mr. Castaneda: With $247. Mr. Dawkins: They are feeding 400 people a day? Mr. Castaneda: Right. Mr. Dawkins: For a year, right? Mr. Castaneda: Yes. Mr. Dawkins: SO now, If we cut them - go on back and take the calculator - cut that amount $200 and whatever it is, by 66% ... $247. Mr. Castaneda: $163. Mr. Dawkins: $160? Mr. Castaneda: Yes. Mr. Dawkins: So now, if we cut, we are going to try to feed 400 people with $160. Alf right. now divide $160 Into 400. Mr. Castaneda: $160 by 400? You want to find the cost per meal, or what? Mr. Dawkins: Yes, cost per meal. Mr. Castaneda: 20 cents. Mr. Dawkins: 20 cents? Mr. Castaneda: 25 cents. Mr. Pereira: 40 cents! Mr. Castaneda: 40 cents, I am sorry. Id 105 October 10, 1985 . ; Vii: - ,.. ' / j h 5% - ti. Mr. Dawkins: Okay, 40 cents. Now, so If we cut by what you say, approximately how many meals a day does this guy got to cut? Mr. Piumier: 130. Mr. Dawkins: That is 130 people who can't eat ... Mr. Castaneda: Sure. Mr. Dawkins: ... If we go back and fund the other way. Mr. Plumper: That is Just from the one program. Mr. Mayor, can we move on? Mayor Ferre: Yes, sir, I think there is nothing else that we can do.At this point. Ms. Hernandez: Compissioner ... Mayor Ferre: Do you want to add anything else? Ms. Hernandez: Well yes, I would like to seek the support of C',onmissioner Dawkins and Ccxtmissioner Perez In changing their F.R.S. vote, and in making that motion because we feel that there are 10 agencies here who were cut and we feel that It Is totally unfair In the manner in which it was done, and ... Mayor Ferre: Look, I don't ... I think we have to be fair about this, okay? The Conrn I ss I on has taken a pos I t I on on th 1 s and that I s the end of I t . You have lost, okay? Tacolcy has lost. Mr. Plurttner: The City lost. Mr. Hernandez: Yes, the City has lost. Mr. Dawkins: You know, everybody keeps saying Tacolcy because I am sitting up here Black. Tacolcy Isn't the only thing that left. HACAD lost. Mayor Ferre: HACAD lost. ASPIRA lost. PROC lost. Mr. Dawkins: Everybody lost! So let's Just, you know ... the City lost! Mr. Plumper: The biggest loser was the City. We lost 3696 of our money. That was the big loss. Mr. Dawkins: But, I will tell you that if the Manager comes back and says he can't find the money, I want a public hearing here with the people who eat and the people who provide services and we will see if we can go back and go through the original thing. That Is all - next time. Mayor Ferre: All right, thank you for your presence here today. I am sorry that we can't solve anything. the ... Mr. Andre Bony: Just a minute. Mayor Ferre: Yes, sir, but quickly. Mr. Bony: I have some difficulty understanding. I am Andre Bony Director of Overtown Day Care Center, located at: 1401 North Mlaml Avenue. I have difficulty explaining to the people I serve, how the Commission came about really excluding us from the distribution of Federal Revenue Sharing. Mayor Ferre: Sir, that has been explained 5 times, and It Is not going to be explained anymore. Mr. Bony: Mr. Mayor, I don't want to make Issue with you. Unfortunately, I want Ccmnissfoner Plumper. Mayor Ferre: Commissioner Plummer explained it, and you don't want to listen to what Commissioner Plurmter has explained! Mr. Bony: I did, carefully! I serve 75 children. I feed than 3 times a day and I even provide medical services, and I don't know why? That Is the question I would like to get. This Is the answer I would like to get from the Crnmisslon, so I can relay to the people. Id 106 October 10, 1985 ~ -,~ ~, ~1 Mayor Ferre: Sir, I cannot ... I voted against all of this and I can't answer for anybody else but me. You know what my position (s. Mr. Bony: Really, it seers that the Ccmnission did not Camply with the criteria they have set! Mayor Ferre: Sir, 1 agree with the recvmiendation that everybody should be cut 3696 across the board. i voted against this item. That is the end of it! I thank you for your presence here today. I am sorry that we were not successful In trying to chance the situation. 58. BID AOCEPTANCE: FOR CURTIS PARK SPORTS FIELD LIGHTING - $259,100 PLUS ADDITIVE "A" Mayor Ferre: Mr. Plummer, there is a matter ... Curtis Park Lights, the Manager would Ilke for us to approve. As you know, we have been waiting for this for a long, long time. Mr. Plurrmer: Mr. Mayor, I would be happy to move it If the Manager will guarantee me that the Ilghts will turn back on in Kennedy Park, which has been off for two weeks. It is a bad situation. It Is a dangerous situation. We had a shooting out there the other night, and I think that it Is Imperative that we get those Ilghts back on as soon as possible. I move the award of the Curtis Park. Mayor Ferre: All right, there is a motion. Is there a second? Mr. Perez: Second. Mayor Ferre: There is a second. Further discussion? Cail the roll. The following resolution was Introduced by Crnmissloner Plurmier, who moved Its adoption: 1 RESOLUTION N0. 85-1068 _ A RESOLUTION AOCEPTING THE BID OF FRANK J. MJRAN IN THE PROPOSED ANgIA~T OF $259.100.00 BASE BID OF THE PROPOSAL PLUS ADDITIVE ITEM A, FOR CURTIS PARK - SPORTSFIELD LIGHTING WITH MONIES THEREFOR ALLOCATED FROM THE "CURTIS PARK IMPROVEMENTS" AOOOI~IT IN THE AMOUNT OF $259,100.00 TO DOVER THE OONTRACT OOST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A OONTRACT WITH SAID FIRM. (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 : Cam i ss l oner J . L . P I umT~er , Jr . Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins V(ce~Nayor Joe Carollo NaTE FOR THE REODRD : ACfJ~DA I TB1AS B AND C WERE DON'T I NUED BY THE AD-A I N I STRAT I ON. PDTE FOR THE REODRD : THE CITY ODMA I SS I ON I S ADVISED BY THE AO1A I N 1 STRAT I Ofd ~ THAT aCTC]BER 24TH AT 12:00 NOO1V HAS BEDS SET FOR THE DEDICATION CEREIVDNY FOR THE 800 N~,AFE~tTZ SYSTBIA. Id 107 October 10, 1985 a~_ ~1 59. CLAIM SETTLEMENT: ESTATE OF FABIO de JESUS GUaJIAN/MARIA GUZAMN/KATRINE GU~IAN - $450,000. ------------------------------------------------------------------------------ Mr. Plumper: We have to do this thing for the City Attorney. Mayor Ferre: What Is that? Mr. Plumper: That is the settlement. Mrs. Dougherty: Mr. Mayor, it is the settlement of the Guzman case. Mr. Plumper: You mean, we have got it settled? Mayor Ferre: I know, but I thought we voted on it? Mr. Plumper: No, sir. Mayor Ferre: All right, who wants to move that? Mr. Plumper: Denetrio? Mayor Ferre: All right, who wants to move that? Plumper moves. Perez seconds. Further discussion on the subJect? Would you define that, Madam City Attorney? Please, into the record, Madam City Attorney. Mr. Plumper; It Is recommended by the ... Mrs. Dougherty: It Is recrnmended by the City Attorneys. Mayor Ferre: The name of the case? Guzman ... Mrs. Dougherty: The settlement in the amount of $450,000 for the Guzman vs. City of Miami case. It is recrnmended by the City Attorney, the Police Chief and Rlsk Management Director. Mayor Ferre: Further discussion? Call the roll. The follaving resolution was introduced by Cortmissioner Plumper, who moved its adoption: RESOLUTION NO. 85-1069 A RE90LUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SORELLY SALAZAR, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FABIO de JESUS GUa1MN; MARIA GU7MAN; KATHRINE GUavIAN, A SUVI SUFF i C I ENT TO PROVIDE CERTA I N LUMP SUVI AID PER I OD I C PAYMENTS AT A TOTAL OOST OF FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450.000), WITHOUT ANY ADMISSION OF LIABILITY, IN FULL AND OCNPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEJ~AAPDS AGAINST THE CITY OF MIAMI, PEDRO GONZALEZ, _ INDIVIDUALLY AND AS A FORMER POLICE OFFICER OF THE CITY OF MIA~V11; EDUAR00 ROQUE, INDIVIDUALLY AND AS A POLICE OFFICER OF THE CITY OF MIAMI, AND KENNETH L. HARMS, INDIVIDUALLY AND AS THE CHIEF OF POLICE OF THE CITY OF MIAMI UPON THE EXECUTION OF A RELEASE AS TO ALL CLAIMS AND DEMAPDS. (Here follavs body of resolution, emitted here and on file In the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the follaving vote- Id 108 October 10, 1985 -. -_ . ..L ~~ AYES : C.an+1 I ss I oner J . L . P I uttner , J r . Curmissioner ~'-trio J. Perez, Jr. Mayor Maurice A. Ferre NOES: ~. ABSENT: C,ortnlssioner Mlller J. Dawkins Vice-~NlaYor Joe Caro I I o T~ eE t r~ w FuRnt~ el~s l rESS To oaMe ,>f c t T,r tXlJld I SS ta'1. TFE pIEETIPG WIGS AD.I~ AT 5:46 P.M. Maurice A. Ferre MAYO R ATiF.ST e Matty Hirai cITY a>~ G1~~ OF Y/, ~~ ~~ ,~ 1 ~~ ~ 1 r, iS ~ 96 ~~~ ~ ~~. ~~,F~p~ 109 October 10, 1985 Id ,u{ ~o-- CITY OF NliAMI DOCUI~iENT MEETING DATE OCTOBER 10, 1985 :~. DOCUMEtlT IDEMIFICATION CONCERN THE }iOBY/GOVERNORS ItiUN TO T11K}~; PLACE OCTOBER 27, 198$. CLOSE CI~;IZTAIN STREETS THROUGH VEHICULAR 'I'RAF'F'I C ON SAI U DATI•, DURING SPECIF'IEl) HOURS, }•:TC.... ALOCATE $12, 000. IN SUPPOI:I' OI~ THE 1985 INTERNATIONAL FESTIVAL. ALLOCATE $300,000. TO SUPPORT THE MIAMI WINTER GAMES SUBJECT TO CERTAIN CONDITIONS. ALLOCATE $2,000.00 PER MONTH I•'OR TWENTY MONTH (JANUARY 1, 1985 THROUGH SEPTEMBER 30, 1986) IN SUPPORT OF A REDUCTION IN RENTAL FEES AT THE COCONUT GROVE EXHIBITION CENTER FOR COCONUT GROVE CARES, INC. ALLOCATE $1,000.00 IN SUPPORT OF TOP LADIES OF DTSTINCTION, TO BRING CORETTA SCOTT KING TO MIAMI FOR A CONFERENCE (MARCH 15, 1986). AUTHORIZE SALE OF $17,000,000. CITY OF MIAMI FLORIDA INDUSTRIAL DEVELOPMENT REVENUE AND BOND SERIES 1985 (BAYSIDE LIMITED PART- NERSHIP PROJECT) AWARD SALE TO THE WILLIAM R. HOUGH AND COMPANY, SHEARSON, LEHMAN BROTHERS, INC. AND A.I.B.C. INVESTMENT SERVICES CORPORATION FIRMS; SUBJECT TO CONDITIONS. AUTHORIZE TO EXECUTE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVE- MENT TRUST FUND OF THE STATE OF FLORIDA FOR THE RELEASE OF DEEDS RESTRICTIONS ON LANDS ADJACENT TO BAYFRONT PARK; ETC... AUTHORIZE TO EXECUTE AN AMENDMENT TO THE MIAMARINA AGREEMENT WITH BAYSIDE CENTER LIMITED PARTNERSHIP TO INCORPORATE TERMS AND CONDITIONS REQUIRED TO ['ACILITATE PUR- CHASE OF RIGIiTS/TITLE/INTEREST TO THE NEW WORLD MARINAS, INC. AGREEMENT FOR MANAGEMENT OF MIAMARINA. COMMISSION RETRI A'~1D 85-1018 85-1019 85-1020 85-1024 85-1025 85-1027 85-1028 85-1029 ~~~w~~ ~~ ~,..~ ,.,. , pOCU~IENT•INDEX CONTINUED DOCUMENT IDENTIFICATION AUTHORIZE TO EXECUTE AND AGRFEMENT L'ETWfI~,N THE PIER 5 BOATMENS ASSOCIATION, INC. AND ALL OF ITS MEMBERS, ROUSE-MIAMI, INC., NEW WORLD MARINAS, INC. AND CITY OI•' MIAMI SETTING FORTH TERMS/CONDITIONS 1•'OR TEMPOI~ARY RELOCATION OF THE PIER 5 BOATMENS DOCKGI?, FACILITIES TO FACILITATE THE CONSTRUCTION OF BAYSIDE SPECIALTY CENTER. AUTHORIZE AN AGREEMENT WITH THE ALLAPATTAH MERCHANTS ASSOCIATION (AMA), INC. I'OR LOAN OF $300,000. TO ASSIST IN THE CONSTRUCTION/ EXPANSION/REHABILITATION OF LIVE AND LET LIVE COMMERCIAL PROPERTY (3520 N.W. 17TH AVENUE) INT A RETAIL/PHARMACY/MEDICAL/ART/ COMMERCIAL COMPLEX. CLAIM SETTLEMENT: RICARDO ATANAY AND HIS ATTORNEY, STUART F. SUSKIN $6,575.30 (COMPEN- SATION, ETC.) AND $4,000.00 (MEDICAL BILLS). AUTHORIZE STREET CLOSURE OF 3 AVENUE BETWEEN N.E. 1 STREET AND S.E. 1 STREET AND FLAGLER STREET BETWEEN BISCAYNE BOULEVARD AND N.W. 2 AVENUE (OCTOBER 25, 1985) FOR PARADE OF ANTIQUE FIRE APPARATUS. AUTHORIZE ATREET CLOSURE THROUGH VEHICULAR TRAFFIC AND ESTABLISH EXHIBITION CENTER FOR 1985 INDY RACE CAR EXHIBITION. GRANT A TEMPORARY PERMIT TO SELL BEER IN CONNECTION WITH THE 36TH ANNUAL CERAMIC LEAGUE FAIR (DECEMBER 7 - 8, 1985) IN KENNETH MYERS PARK. ACCEPT/RATIFY CANCELLATION OF CONTRACT WITH COPY PRODUCTS OF AMERICA AND ACCEPT THE BID OF ROYAL BUSINESS MACHINES ($48,290.). AUTHORIZE PURCHASE OI' EIGHT HEAVY DUTY 36" RIDING MOWERS FROM DEBRA TURF INDUSTRIAL, INC. FOR DEPARTMENT OF PARKS AND RECREATION ($33,400.00). N N 85-1.030 85-1031 85-1032 85-1033 85-1034 85-1035 85-1036 85-1037 ~i DOCU~IENT~1IVDEX CONTINUED Y ,~ DOCUMENT IDENTIFICATION ACCEPT BID OF LANZO CONSTRUCTION CO. - ($1,864,829.) FOR FAIRLAWN NORTH SANITARY SEWER IMPROVEMENT iN DIS`PRICT SI2-5491 C (CENTERLINE SEWER). ACCEPT BID UI' THIRTEEN SUPPLIERS I'OR I'URNISII- ING LINE OFFICE SUPPLIES ($2'70,000.OU). ACCEPT BID OF' SUPERIOR SH;AWALL SERVICE, INC. ($31,210.00) FOR WAINWRIGHT PARK- BULK FiEAD REPAIRS . ACCEPT BID OF ALL STAR SECURITY F'OR FURNIS- SING CROWD CONTROL AT ORANGE BOWL STADIUM ($40,000.00). ACCEPT COMPLETE WORK OF MIRI CONSTRUCTION, INC. ($765,940.45) FOR WESTERN DRAINAGE E-54 BID "A", FINAL PAYMENT: $3,829.70. ON 85-1038 85-1039 85-1040 85-1041 85-1042 85-1043 ACCEPT PLAT D.C.M. MAINTENANCE FACILITY AND ACCEPT DEDICATIONS SHOWN ON SAID PLAT, ETC.... AUTHORIZE THE ISSUE OF WASTE COLLECTION LICENSES, TO PERMIT BOB HELY AND GERALD PROCTOR, D/B/A BROWNING FERRIS INDUSTRIES OF FL., INC. AND WILLIAM HERNANDEZ, D/B/A SUNSHINE SANITATION SERVICE, INC., TO COMMEN- CE DOING BUSINESS; ETC.... ORDER ROADS AREA HIGHWAY IMPROVEMENT - PHASE I H-4513 AND DESIGNATE THE PROPERTY AGAINST WICH ASSESSMENT SHALL BE MADE, ETC... ORDER WIDE HIGHWAY IMPROVEMENT -PHASE II H-4515 AND DESIGNATING THE PROPERTY AGAINST WICH ASSESSMENT SHALL BE MADE. ORDER CITY WIDE SANITARY EXTENSIONS IMPRO- VEMENT N.W. 47 AVENUE SR-5521 C (CENTERLINE) AND DESIGNATE THE PROPERTY AGAINST WICH ASSESSMENT SHALL BE MADE. 85-1044 85-1045 85-1046 85-1047 ~ ?` ~z ,. 'y.,: DOCU~IENTINDEX CONTINUED P DOCUMENT IDENTIFICA'T'ION COMMISSION RETRIEVAL ACTION AND CODE NO. APPROVE/AUTHORIZE THE ACQUISITION Ot' TIIF, 85-1.048 PARCEL OF LAND IN T}iE VICINITY Ot' INTERSEC- TION OF N.E. 36TH STREET AND 2ND AVENUE DISCRIBED IN THE ATTACHED EXHII3IT "A" (EN- TRANCE) TO T}iE MIAMI DESIGN PLAZA). ACCEPT PROPOSAL OF LEONARD A. BISZ (MAI) FOR A FEE OF $5,250. PLUS EXPERT WITNESS FEES. FURTHER ACCEPT PROPOSAL UI•' AMERIFIRST APPRAISAL CO. ($4,000. PLUS EXPERT WITNESS FEES) TO APPRAISE FOR THE ESTABLISHMENT OF FAIR MARKET VALUE OF LAND PERTAINING TO THE MUNICIPAL SERVICES BUILDING (1145 N.W. 11 STREET) AS POSIBLE SITE I~OR THE PROPOSED "MIAMI/FLORIDA INTERNATIONAL UNIVER- SITY BIO-CHEMICAL RESEARCH AN INNOVATION CENTER". APPROVE/AUTHORIZE THE CITY'S PARTICIPATION IN THE AMERICAN CANCER SOCIETY/AMERICAN LUNG ASSOCIATION GOLF CARD PRIVILEGE PROGRAM AT THE MELREESE GOLF COURCE AND THE CITY OF MIAMI COUNTRY CLUB (MIAMI SPRINGS) ETC... ALLOCATE $45,000. IN SUPPORT OF "THE SUPER- STARS FOR 1986" SUBJECT CERTAIN CONDITIONS. DESIGNATE THE COMPLETE PROFESSIONAL TRAN- PORTATION PLANNING/TRAFFIC ENGINEERING SERVICES FOR A COMPREHENSIVE TRAFFIC STUDY OF COCONUT GROVE AS A "CATEGORY B PROJECT. DESIGNATE THE COMPLETE PLANNING AND DESIGN SERVICE INCLUDING MASTER PLAN AND FEASIBILITY STUDY FOR THE FLORIDA EAST COAST PROPERTY AD BICENTENNIAL PARK AS "CATEGORY B PROJECT" ETC..... :1 AUTHORIZE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BOSWORTH AERIAL SURVEYS, INC. FOR APPROXTMATELY 640 ACRES. WAIVE REQUIREMENTS FOR SEALED BIDS AND APPROVE PURCHASE OF LABOR AND PARTS TO REPAIR PISTOL RANGE AT POLICE DEPARTMENT FROM CASWELL INTERNATIONAL EQUIPMENT CO.; INC. ($13,769.00). 85-1050 85-1051 85-1052 85-1053 85-1054 85-1055 85-1058 4.. - _ _.~.. _... v ~ DOCU~IENTINDEX CONTINUED ;~ DOCUMENT IDENTIFICATION CONFIRM/ORDER RL•'SOLUTLON NO. 85-884 ANf~ AUTHORIZE: THE CITY CLE}~K TO AI)VIsRTIS1; }~'O}~ SEALED BIDS 1~OR THF, CONSTRIJCTION O}' W1'NW000> HIG}iWAY IMPROVEMENT }i-4514. GRANT APPLICATION FOR MAJOR USE PERMIT PER ARTICLE 28: MAJOR USE SPECIAL PERMITS DETAILED REQUIREMENTS ZONED SPI-5, BRICKELL - MIAMI RIVER RESIDENTEIAL - OFI'ICE DISTRICT AND SPI-4 BRICKELL AREA MAJOR STREETS OVERLAY DISTRICT. AUTHORIZE TO ENTER INTO A CONTRACT WITH MIAMI CAPITAL DEVELOPMENT, INC. (MCDI) ($500,000.)TO ENCREASE THE EXISTING REVOLVING LOAN FUND (REF). APPOINT: BLANCA GALVEZ, JEANNETTE KEARSON, CAROLS ANN TAYLOR, AND MONNA LIGHTS TO THE CITY OF MIAMI COMMISSION ON THE STATUS OF WOMEN. APPOINT: MILTON HALL, CHARLES HALLDON HICKMAN, JESSE DINER TOE THE BOARD OF TRUSTEES OF FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST; ETC..... APPOINT ROSE GORDON, SIMON FERRE AND GEOFFREY WATSON TO THE BOARD OF TRUTEES OF CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST; ETC.... CONFIRM THE SELECTION OF CAROLYN CLARKS, NELSON LISSABET, ROBERT MACK, AND ALMA SMITH BY REPRESENTATIVE OF CITY EMPLOYEES. RECOGNIZE SAID INDIVIDUAL AS MEMBER OF MIAMI AI'FIRMATIVE ACTION ADVISORY BOARD. ACCEPT BID OF FRANK J. MORAN ($259,100.00) OF THE PROPOSAL PLUS ADDITIVE ITEM A, CURTIS PARK - SPORTFIELD LIGHTING, ETC... CLAIM SETTLEMENT: ESTATE OF' FABIO DE JESUS GUZMAN, AND MARIA GUZMAN AND KATERINA GUZMAN ($450,000.). C 85-1059 85-1060 85-1062 85-1063 85-1064 85-1065 85-1067 85-1068 85-1069