HomeMy WebLinkAboutCC 1985-09-26 Minutes11
0
01 OF MIAMI
COMMISSION
OF MEETING HELD ON .September 26, 1985
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
•
w
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF 91AK1, FLORIDA
:Sep}ember gib, 1986
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1
PRESEiNTATiONS, PLAQUES AND SPECIAL
PREJEN12t;D
1-�
i`1'EMS.
yi 2b/d>
PROTEST TO STATE OF Fi,OR1Dr', CONTiN-
Di SCUS:SIUN
2-�
UED DELAY iN CONSTRU�;TIUN PHUJECT ON
y/LU
S.W. YTH STREET - REQU1;JT TEMPORARY
DE6iGNATiON OF S.W. bTH 6TH6ET Ai A
'TWO-WAY STREET.
bliiEF GOKPiEN`6 REGAHDIAG WOODLAWN
Di6CUj6iO1v
j-4
PARK CEmE`1'ERY.
9/ Lb/d5
4
CONTiNUED CO1NSiDERATi0iN OF AGENDA
14 d5-ybb
4-J
ITEM 1 �- TEMPORARY DESiGNA`I'iOtN OF
9/26i85
S.W. dTH STREET AS A 2-WAY STREET.
5
ALLOCATE o1,5U2 IN SUPPORT OF
H 85-9by
9-11
CA14ERATA BARILUCHE IN CONCERT -
9/26/b5
SISTER CITY CONCERTy TO BE HELD AT
GUSKAN HALL, NOVENBER 1, 1 yby .
6
EXPRESS SOLIDARITY WITH PEOPLE OF
H 85-970
11-12
MEXICO IN TIME OF !NEED AND Ni6FOR-
y/2b/85
TUNE, INSTRUCT ADigliNISTRATiON TO
IDENTIFY A14Y EQUIPMENT WHICH 1+tiGHT
BE NEEDED AND THE CITY OF MIAM1 CAN
SEND AT THiS TiiyiE iN ORDER TO ASSIST
THEM.
7
EXPRES:; FULL SUPPORT Or' CITY OF
R 65-971
12-Ij
AIA14 COMA18S10N FOR EFFORT BEING
9126/S5
I4ADE TO HAVE THE FEDERAL REVENUE
SHARING PROGRAM EXTENDED AND RAiN-
TAINED IN ORDER THAT ESSENTIAL
ACTIVITIES OF STATE/LOCAL GOVERNMENT
MAY CONTINUE AT SATiSFACTOHY LEVELS
OF SERVICE.
6A
ALLOCATE 4;44U 1N SUPPORT OF A SERIES
M 65-972
1,)-16
OF THEATRICAL PRODUCTIONS TO BE
9/'26id5
PRESENTED AT 14ANUEL ARTilvlE COC+&UN1TY
THEATRE IN ORDER TO PROMOTE ART1STiC
EXPRESSION. RESCINDED BELOW).
6B
RESCIND/RECONSiDEH PRIOR ALLOCATION
lei 85-'y'jj
116
OF $440 - REFER TO CITY MANAGER FOR
9/26/85
HIS CONSIDERATION.
9
REAPPOINTMEnT OF PABLO GOME6 TO
R b5-974
17
PLANNING BOARD.
9/26/b5
lU REFER TO THE CITY
MANAGER hE(qUE:I'i
Dl,�CUaoiulV
RE(;E%VED FRUM MR.
NENE COTERAS iN
y/2b/o5
CONNECTiON WITH "FESTIVAL
114TER-
NACIONAL SOL DE KiAki bs)" - DiHECT
Ci`I'Y MANAGER TU EXPLORE
P066.LtSLL1TY
OF ASS.L8TANCE FR0N
THE G i T Y jEr,
LABr;L 111
11 REFER `i'U G.LTY viANAGER
FUR RECUPIkE1J-
a
DATiON - REQUEST
FR0A WP,- WALDO
05
PEREL IN (;wovEGTiuW
WiTh A PRuPOSED
BEAUTY PAGEANT.
12 ORANGE BLO:»ulq GLA6a1G.
10-1y
2U-21
Dijuu6oluii 21
'J/ 2b/ 85
1 AU`i'HOhi.,E CITY ATTORNEY TO EpiPLUY ;H b )-j i"b
LAW FiRN OF ;iAGE, GRAY, TODD A14D
61AS AS SPECIAL COUNSEL TO ASo16T
WITH liSGU`I'iA` TUNS/ DOGUMEN`1' i)RAFT IiJG
REGARDING ijjUANCE OF INDUSTRIAL
DEVEL0PviENT REVENUE nUNDj FUR
"BAYSIDE jPECiALTi GE14TER PARNG
GARAGE" PROJECT.
14 STATUS OF POLICE 6Ub6TATLON6. DiSGUSSiUN
yi 2b/ 05
15 GRANT HEQUEoT by GUCUtvUT GRUV1; la o5-J 77
CHAiv1BER OF C0111N 6 R C E FOR U:3E OF y/ 2b/ d5
PEACOCK PARK - CLu,3URE OF STHEETS IN
CONNECTION WITH "BANYAN FESTiVAL" ON
DlCEMBER 1 uTH.
16 GRANT REQUEST BY bRICKELL AREA R o5-y7�
ASSOCIAT'iON TO SELL BEER DURING A y/26/d5
BIG BAND CONCERT IN BRiCKELL PARK ON
OCTOBER 1U, 19)b5 SUBJECT TO ISSUANCE
OF PERkiT BY STATE OF FLORIDA.
ill GRANT REQUEST BY DADE LEAGUE OF M 65-97y
CITIES - URGE DADE COUNTY COMMI66iUN y/26/b5
TO REQUIRE MORE STRINGENT ENFORCE-
MEN`i' 1N CONNECTION WITH ANIMAL
CONTROL.
18 DESIGNATE CITY WANAGER AS THE CITY'S H 65-980
REPRESENTATIVE ON THE NEWLY FORMED 9/20/85
BEACON COUNCIL.
1y STATE101ENT by MAYOR FERRE ANNOUNCING DISCUSSION
AVAILABILITY OF TICKETS IN CONNEC- 9/26/85
TiON WITH GREATER MIAM1 UNITED
CORPORATE RECEPTION.
2U DISCUSSION REGARDING NECESSARY DISCUSSION
REPAIR TO THE ASPHALT IN FRONT OF 9/2b/d5
CITY HALL.
21 INSTRUCT CITY 1vlANAGER TO PURCHASE A 141 d5-981
TABLE AT THE THEODORE R. GIBSON y/2b/8�
MEMORIAL FUND DINNER TO BE HELD
SEPTEKBER 29, 1985.
22 APPOINT COi�livi1S6iONER J. L. PLUMMER li d5-962
AS CITY REPRESENTATiVE TO PRESENT 9/ 26/d5
THIS CITY'S BIDDING IN CONNECTION
WITH THE "1986 UNLIMITED REGATTA"
EVENT - ALLOCATE NECESSARY MONIES IN
CONNECTION WITH TRIP TO LAS VEGAS.
22
22-2b
LU-
27-2b
2b-29
29
.)u
;)1->2
j2->;,
2 , ALLOCATE NECES6ANY FUND-3 FUR EXPE146- :i ='jbJ JJ
i;J TO BE, INCURRED BY TWO uiTY Cuvl= '>> cui o.)
MiS61ONERS WHO SHALL ATTEND THE
"NATIONAL LEAGUE OF CIT1r,6 CUNVEN-
TION" TO TAKE PLACE iN 6E;ATTtjt THE
FIRST w8EK IN DSCEi4BER.
24
ALLOCATE sl0,uUU TO ALLOW ONE Ci`l'Y
ei o5-',)b4
>4--)5
COliiiISS ION ER TO GO TO RUNE iN CON-
j/ 2u/ 05
1VECTION WITH CI`I'Y'6 b11)DiNG 13EF0ht;
THE BOARD OF DiREGTORLi OF AS'Ph IN AN
ATTEMPT TO liHiNG `1'HE. N1;AT h i T A
CONVENTION TU 14 AVII.
25
APPROVE THREE-YEAR STRATh;G1C PLAN
R 05-'JO5
5-fib
FOR INTERNATIONAL TRADE PRui-IO`1'iUlq.
yi 2b/o5
2u
AUTHORii,E EXECU` IUN OF AGHr;1+ig6NTS
R 05-JOU
AND SUPPORTING ALLUCATiON OF FUNDS
J/ 2oi o7
WITH LOCAL TRADE PHOmOTiON URGANL�A-
T10N6 TU SUPPORT CURRENTLY FUNDED
iNTERNATiUNAL EVENTS AND `PU ENCUUh-
AGE NEW EVENTS.
CONSIDER PROPOSED RESULUTION ALLU-
Di6OU66iON
>u-4U
GATING k'UNlla 111 JUPPURT OF THE
ji 2b/ b5
FLORIDA EXPORTERS AND ihPURTERS
ASSOCIATION PHOURAk. SET; LABEL NO.
fib.
2t�
ALLOCATE �6.�U,000 IN JUPPOHT OF THE
R os )-jb'!
40
"V1 iNTER-AMERICAN SUGAR CAli b&11-
y/2b/d5
NAR" ON IRRIGATION AND DRAINAGE TO
BE HELD SEPTEMBER 25-2'1, 1 jo5 .
29
AUTHORIZE t;LOSURE OF 6THEE`1'6 IN
R 0)-9bo
41 -42
'
CONNE;CTiUN W1`i'H THE "GREAT COCUNUT
y/2b/d5
'
GROVE BICYCLE RACE;" OC`i'OBER 1 U, 1 1
r
AND 15, 19b5 SUBJECT TO ISSUANCE OF
NECESSARY PERMITS.
jU
APPROVE IN PRiNCiPLE PROPOSED WiNTEJR
K 05-J69
42-44
GAwES 1N IwiiAl+11 - DIRECT CITY TANAGER
9/ 2b b5
TO INITIATE NEGOTiAT.LONS WITH
"RUNNER INTERNATIONAL, INC." TO
DEVELOP PLAN AND ESTIMATE C06T TO
THE CITY APPOINT CU141-iibbiONER J.
L. PLUMMER AS A COMI'liTTEE OF ONE TO
SERVE AS CITY LIAISON DURING
NEGOTIA`1'IONS.
j1
APPROVE REQUEST BY UNLBANK, N.A. TU
R b5-990
44-45
PERMIT A PROPOSED DRIVE-IN b'AC1L1`1'Y
9/?-6/d5
AT APPROXIViATELY 5215 S.W. bTH
STREET.
)2
CONTINUE: CONSIDERATION OF PROPOSED
14 d5-991
45-5U
RESOLUTION ACCEPTING PROPOSAL OF
9/2b/85
HOPE PRESCHOOL FOR LEAS; OF FORMER
FIRE STATION NO. 9 FOR FURTHER
tIJFORRATtON A14D THOROUGH BACKGROUND
CHECK OF ALL APPLICANTS INVOLVED.
h ;
i` C'
13
r:j
ACCEPT PROPOSAL OF JUGuNU`i "',ROVE
N
CHAMBER OF C014NERCE FUR .LEASE iF
SPADE 1N THE CONMUN1TY BU1LUituG iN
PEACOCK PART: .FUR PURPUSES UE' DiJ-
TRiBUT1NG iNFURIviATiUN REGAht)iNG
TUURi:5K, CITY AC'iIViT160-, EVE14T6 AN1)
FOR ORGAN1"'iIiG RECREATIONAL, CUI.TUt(-
AL, EDUCATiuNAL A(;TiViTiv,:i; SUBJECT
TO CERTAIN PROVi,iUS.
74
ALLOCATE a>1 j,000 iN ciUPPUftT it"
li b5-y'y�
'S1-5j
"COUNCIL FOR VL6iTutt:3
b/a,)
uF GREATER Aivll, i14C." � C . L . V . )
SUBJECT TO FUNDiiiG bEiNG PhUViDED BY
KE`I'R0-DitDE.
�5
GRANT REQUES'P b*f CiVic; `i'Ow6RS 436u-
lUU42
5>
OiATiON Lilgi`1'ED FUR CHANGE OF TUNING
FROM RG-,)i b TO RG-,)/ 7 - 1'Jul -1 y 1 y N .
w. 15TH AVEAUE A14D 14b1-141Jy A-w.
1 jTH 6TRbE`i'.
jb
ALLOCATE +ti.)5,000 iii SUPPORT OF THE
R U5-y94
54
FLORIDA EXPORTER6 AND iviPUttTER6
��Cbjci�
ASSUCIhTiON PROGRAM. :iEE LABEL 27.
�7
CONTINUE REt4UEST FOR CHANGE OF
CuNTINUED
5 5 - 5 y
i3ONING 2b'1 S. W. lb ROAD AND 1'(bc5-
912u/05
1 76 S. W. e COURT rROii R6-2/ 2 TO
CH-2/ 7 TO OCTOBER 24, 1 yb5 .
�b
AMEND y50U BY CHANGING SECTOR NUIvibER
F.Lh6`1'
uU —b)
OF PROPERTY LOCATED AT b55 N.W. 57TH
READING
AVENUE; k FABULOUS DIANOND' S/ FROM RG-
9/ 2b/b5
214 TO RG-2/ 7 .
.)9
CONTINUE REQUEST FOR CHANGt OF
CONTINUED
b.)-64
GUNING CLA66IFiCA`1'ION OF PROPERTY
9126/c55
LOCATED AT APPROXiiiATE1,Y j40-)52
N.E. j2 STREET a )j5-41t) N.E1
STREET FROM RG->/o TO CR-j/'( TO
OCTOBER 24, 1985.
40
CONTINUE APPLICATION OF HC-1
CONTINUED
65
GENERAL USE HERITAGE CONSERVATION
9/2b/65
OVERLAY Di6TRiCT TO THE DADE COUNTY
COURTHOUSE TO OCTOBER 24, 19b5.
41
Ai-iEND y5UO, SECTION i714U "SPI-14,
FIRST
b5-6b
14. 1 , 14.2: LATIN QUARTER COIn1v1ER-
READING
C1AL-RESIDENTIAL AND RESIDENTIAL
lit b5-995
DISTRICTS" BY FACILITATING PROLE-
9/20/65
DURES be LiBERALI/,iNG PERIv1ISSIBLE
USES u STRUCTURES, INCREASE BASE
FLUOR AREA RATIOS, ETC.
42 AMEND 9500, SUB6ECTION 200.).'T CONVE-
NIENCE ESTABLISHMENTS AS ACCESSORY
TO RESIDENTIAL OR UFE'ICE USES TO
ALLOW CERTAIN QUICK COPY SERVICES AS
A PERMITTED USE; AREND SECTION j602
TO ADD DEFINITION FOR QUICK COPY
SERVICES.
FIRST
READING
9/26/65
bb
4) CONTINUANCE OF PROPOSED R98OLU12ION CONTINUED e9-'/0
FOR STREET CLOSURE; AS A CONDITION OF 9/26/ 85
APPROVAL OF TENTATIVE PLAT NO.
1U52 - "PELAEG-�,OGBY SUBD1VISiON" TO
OCTOBER 24, 1965.
4�1
44 APPOiigT GUhil1SS10NER J. L. PLUt-Joii�k
AS `1'HE GITY' S VUTtNG DhLEGi'iis AT
"5j T li ANNUAL CUIJVENTi0N OF THi:
E'LOHiDA LEAIiUE OF CiTiES" 0C`1'. 1u-
45 TEMPUHARY 1)EFERRAL OF PRO PUSEI)
ALLOCKTiON OF FY o5-bb FEDERAL
REVENUE 6AARiNG FU1JD:i APPHOP,,(.LA TEJD
BY URD. 1 uU.)j - SEE ,ABE1j ob.
4b GHAN`i' HEgUES'f FkUll, F. i. U. FUH 1 ,Uuu
SgUAHE FEET OF UFF LCE 6PHCE AT C J_TY
hiUNlCiPhl, uFFLCE bUiLuiNG FUR hELU-
CA'i'LUN OF iTS Biui'iE1)1CAL tiESEARCri
AND iN1v0VATiON CENTER. EXPRE;>S
001.1l'li6SION GONCEHN REGAhDLNt; PtiU-
POSED SCHOOL OF P H A R N h G Y AT F.1.U.
41 PHOViDE FUH HOLDING OF NUNPAhT.LSAN
Ci`t'Y OF i-l1AAi PR1AAhY EL6C`l'i0N TO
TAKE PLACE ON NOVi;MBER 5 AND A
GENERAL hiUNiC.LPAL ELECTiUN iJOVEitiiEH
12, 1jb5.
48 A1viEND 9jU1 BY DECREASING a iNCREAS-
l.NG VAHiOUS FUNDS TO PiAKE NDDiTIUNAL
iNTEREST PAYi-TENTS DURiNG FY-u5, TO
iNCHEASE RONi1 S FOR `i'r1E CONFEREIICE
CENTER AND PIU VICiPAL AUDiTOR.LUivi, FOR
FUNDING DEFiCiTS ACCUiviULA`i'ED iA
PRIOR YEARS, TO i1YCHEASE APPROPRIA-
TIONS FOR RESCUE SERVICES, ETC.
49 REGULATE PLACEkENT OF NE;WSRACKS lii
PUBLIC RIGHTS -OF -WAY, lkPOS NG
SAFETY AND AESTHETIC RESTHiCTiONS
AND PAYMENT OF A PEREiiT FEE.
50 AKEND CHAPTER )y OF ` hE CODE "SiDE-
WALK AND STREET VENDORS BY PR0ViDiNG
DEFiNiTiON OF "WRITTEN RATTER" ;
PROHIBIT VENDING FROM ON -STREET
LOCATIONS, ETC.
51 AGREE TO SETTLEi4ENT REACHED BY
COM141SS10NER J. L. PLUM14ER AND
REPRESENTATIVES OF PIER -FIVE
BOATMEN'S ASSOCIATION SUBJECT TO
CERTAIN 6TIPULATiON6.
52 C0IviviENT8 BY HEPRESENTATiVE OF LOT
OWNERS AT WUODLAWN CEMETERY.
5 j RESCHEDULE THE C.i'i'Y COMMISSION
MEETING OF NOVEMBER 14, 19b5 TO TAKE
PLACE ON NOVEMBER 15, 1965 AT 12:00
NOON.
54 CONTINUE PUBLIC HEARING IN CONNEC-
T10N WITH HEWUEST FOR WAIVER OF
REQUiHEMENT FOR SEALED BIDS FOR
REPAIRS TO THE POLICE DEPARTMENT
PISTOL RANGE TO OCTOBER 10, 1965 AT
;):SO P.K.
55 AUTHORiGE CLOSURE OF STREETS IN
CONNE;CTiON WITH THE "1985 MIAolI
iNTERNATiONAL BOOK FAIR" SUBJECT TO
iSSUANCE OF PERMITS, ETC.
_/ 2b
h u5-jib
ji Gb/ 05
1uO4.)
')/ 2b/ o5
lu044
9/ 26/ o5
10045
9/2b/at)
k d5-j99
9/26/85
DiSCUSSIUN
9/2b/85
H 85-1000
9/ 2b/b5
M 8s -1Uu1
9/2b/S5
R 85-1002
9/ 2b5
Iu-'ll
(1=72
,2-7;�
14- (5
4u
75-'(u
7b-j0
91-j2
92-94
94-97 /
9'1
97-9d
y8-99
5u b i D ACCEPTAI NGE - t;.P. - OF JUU`i' i it
FLORIDA iNC. FUR F0tiN i.irii:Yii 0 14 L a,
AUTUtgATIC DuCU1wt6AT READER DE6T i•iuDE:L
212 WORKLESS 6TATiOil TO THE DEPART-
MENT OF COMPUTERJ.
131D ACCEP'PANGE - PHYJ10 CukTRUL R .)'.)-luu4
CORP. FUR F'URN LJHiNG NiA1N`i'ENANCr FUR y/ 2b/o5
LIFE JUPPURT E(4UiPkEiiT FUR )EPAAT-
VENT uF FIRE, RESCUE AND ii4JPiA;T1u14
JERViCES.
REFER `PO CiTY k A N A G E R AiiD Tu `i'tiE D113CUoai0w
kEwURiAL CUNii-ii`PTEE REgUEJT ti6CEiVED y/ GEC/o5
TO RENAWE PARAD.LbE PuiNT illiAl PARK
THE "MiAEii RiVPR RAPIDS kilJi PARK."
51j GRANT REgUEJ'I' OF ViETWANI VETERAW6 h 05-1UU5
AJJUCiATiuN TO D1SPt;AJE BEER iN y/ 2b/ U>
PEACOCK PAri1i N0VENIBER 1 U, 1 yc35 AT
TA6.LR ANNUAL PiCNiC.
bu AUTHORi.�E CITY NANAGER TO APPLY FOR R 03 -iuuu
CERTiFiCATION UNDER F'LORiDA' S CERTi- gu/o5
FLED LOCAL GOVERNPIENTS PROGRAM -
FEDERAL Hi6TURiC PRESERVATION PRO-
GRAX.
1j5
tau
luu-1ul
101-1u2
1U2
61
ACCEPT RECOkKENDATiONJ OF `1'HE CiTY
R o5-IUO'/
102-10.�
,viANAGER AND C0mPETITiVE 6 E 1jECT10N
y/26/65
C0MAiT`i'EE - CONSULTANT FOR %NDUS-
TRiAL LAND USE NEEDS STUDY FUR THE
CiTY OF miAki".
b2
ACCEPT REGOWkENDATiOA6 OF THE CiTY
R 05-lUUb
Iuj-104
MANAGER AND COMPETITiVE SELECTION
g/26/-3)
COMi4iTTEE - CONSULTANT FOR "DESIGN
CRiTERiA 1-1Ail UA1, FOR 6RiCKELL
PROkENADE.
6
DESIGNATE VICE EiAYOR JOE CAROLLO AS
k 85-1009
104-105
THE C ITY' S REPRESENTATIVE TO RECEIVE
y/ 261 bs ?
AN AWARD ON BEHALF OF THE CiTY A`1'
THE AiAlqi FiLK FES`1'iVAL TO bE HELD
iN NEW YORK.
64
EKERGENCY PROVISIONS FOR THE PARKING
DiSCUSSiUN
1u5
OF CARS AND bOATS AT PUBLIC PARKING
9/26%t35
GARAGES DUHiNG HURRICANES.
65
WAIVE REQUIREMENTS FUR COMPETITIVE
R t35-10lu
1Ub
SEALED BIDS - APPROVE PURCHASE OF
9/26/d5
FIAINTENANCE 6ERViCES FOR TEN DATA -
GRAM CO1I1-1UNiCAT1ONS CONCENTRATORS
FOR THE DEPARTMENT OF COMPUTERS.
66
WAIVE REgUIREKENT8 FOR COMPETITIVE
R b5-1011
10'I-1U8
SEALED BIDS - APPROVE PLACEMENT OF
9/26/05
ADVERTISEMENT IN THE NEW YORK TikES
SUNDAY EDITION ESPECIAL 6UPPLE14ENT
ON FLORiDA AND THE CARiBBEANI.
67
SET DATE FUR GROUNDBREAKING CERENIO-
DTSCUSSiON
108-fug
NiES OF NORTH D16TRICTS POLICE
9/26/85
SUBSTATION - DIRECT CITY kANAGER TO
CREATE A COMMITTEE TO CONSIDER A
NAME FUR THiS FACILITY.
bb
ALLOCATE FY-19b5-66 FEDERAL REVENUE
R b5-1012
109-15
SHARING FUNDS TO SELECTED SUCiAL
9/26/05
SERVICES AGENCIES FOR THE PERIOD OF
OCT. 1, 19b5 THROUGH SEPT. )U, 1986;
6` 0
uy
(i
`71
12
74
75
AUTHURiGE CITY KANA(; ,R TO r 14TEh i,J'F,j
PE'hTiNENT AGREPMENT3.
A1)THUtiltjt, AND PER141`1' b6i,l,E EADE
R u1 j
H 0 N E u w N E H S A66UClA`1'iON, iNC. '1'O
yi4b/S5
RE3TRiCT VEHICULAtt ACCESS TO `l'lir;iR
NE1GHbURHOOU UN N Si.:t m0N12ii 'i';tiAL
t3Aa iS.
GRANT Rr.�4U EST by COCUNUT GHUVE
h ,jy- I u1 4
viARKETA.NG FOR USE OF PriACUGK PARK,
y/ 2b/b5
GL06URE OF S. BAY6110hE UhiVE AND
PERMIT FOR `l'Ht; GALE OF BLEH - "ThE
GRt;AT COCONUT GROVE WALTLRS RAGE".
CONTl1VUE PUbijiC iiEAniNG C0NCP,HigiNG
.•i a5-tu11)
PURCIIA6E OF PHJPt RTY LOCA'l'El) AT ,5
a. E. b'l'H STREET hELONGilvG TO ii06E-
i�IARY 41GKElihE1SEH TO OCTUHLR 1u,
1 'id 5.
AUTHURi66 SUBLEASE AGREt;i-LENT n1Tti
h b�)-lulb
THE LAW Fiit',4 OF DANIELS AND Hi0ltiS
y/2b,u5
FUR SPACE AT 1 by E. FLt►GLER-iThEET;
FURTHER AUTHORi""E AI-IENDMEN`i' TU
EXi5TiNG Lt;A6T 4l'1'H DUPU:JT 1iUiLDiAG
ASSOC lATES L'Ti). FUR LEASE OF ADDi-
TiONAL SPACE FOR LAW DEPAR`1kENT.
FURTHER CUVIRENTS iN (;Um4EGT1UN Wi'i'ri
Di6CUJJ1oN
DEFERRAL OF APPOINTMENTS TO THE
:)i 2b/b5
BOARDS OF THU6TEES OF THE C i T Y ' 6
RE`i'IR6141r;NT TRUSTS.
UhANT REQUEST 6Y PAN AMEHiC;AN HUSPi-
FIRST
TAL CORP. FUR CHANGE OF LUTNING AT
HEADING.
595U-59yO N.W. 7 STREET FROM R6-2i2
9/26/b5
TO RG-j/5.
DIRECT CITY MANAGER TO SCHEDULE
1,1 65-lul'r
PhESENTATiON BY RELiATikE INC. FUR
9/26/65
NEXT COI mi6SiON MEETING REGARDING
STREET CLOCK T i A S AND TEI.IPERATURE
DISPLAYS.
1jj-1j5
1 jb- 1 j'1
1 ),1- 1 jti
1 )0-1 jy
141-15)b
15d
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of September, 1985, the City Commission of Miami,
Florida, met at its regular meeting plane in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:18 O'Clock A.M. by Mayor Maurice A.
Ferre with the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
Sergio Pereira, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, Assistant City Clerk
An invocation was delivered by Father Chavedo who then led those present
in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: AT THIS POINT, CITY COMMISSION, PURSUANT TO REQUEST FROM
APPLICANT, CONTINUED AGENDA ITEM 5. (CONSIDER43ION OF PROPOSED FIRST READING
ORDINANCE FOR ATLAS CHANGE FROM RS-2/2 TO CR-2/4) AT WOODLAWN CEMETERY TO THE
MEETING OF NOVEMBER 26TH AT 6 P.M. THE CITY ATTORNEY FURTHER STATED THAT AT
10:15 A.M. IT MUST BE ANNOUNCED THAT THIS ITEM HAS BEEN CONTINUED. (2)
FURTHER, THE CITY COMMISSION CONTINUED AGENDA ITEMS 12 AND 18 PENDING RECEIPT
OF FURTHER INFORMATION.
1. PRESENTATIONS, PLAQUES
AND SPECIAL ITEMS.
Commendation:
Police Officer Rodolfo Arias. Most
PRESENTED
Outstanding Officer, Month of July, 1985.
Commendation:
Police Officers Anthony Ford and Timothy
PRESENTED
Young. Most Outstanding Officers. Month of August,
1985.
Commendation:
Dr. Olimpia Rosado. For her accomplishments
PRESENTED
in the field of journalism.
Proclamation:
PRESENTED
Nelly Fernandez Day. Upon being selected as
only Hispanic, student to interview President Ronald
Reagan.
Proclamation:
Terry Carson Day. For his civic and
PRESENTED
community involvement.
Proclamation:
Manufacturers Hanover Corporate Challenge
PRESENTED
Day. Presented to Barbara Paddock, on behalf of
Manuf. Hanover National, and Joseph Santarella, on
behalf on Manuf. Hanover Trust of Florida.
gl 1 September 26, 1985
Plaque: Richard Whipple. Upon his "retirement.
PRESENTED this was originally presented by Comm. Plummer:
during retirement dinner).
PROCLAMATION: Pire Prevention Week (Oct. 6-12, 1985.
2. PROTEST TO STATE OF FLORIDA* CONTINUED DELAY IN CONSTRUCTION PROJECT ON
S.W. 7TH STREET - REQUEST TEMPORARY DESIGNATION OF S.W. 8TH STREET AS A
TWO-WAY STREET.
Mayor Ferre: Representative Morse is also here and we are honored with his
presence and... is Representative Morse still here. Yes, sir Representative.
You have an item which you presented in Tallahassee that as I understand deals
with making 8th Street a two way street during the process of construction and
I think we are all in agreement with that and I think it's an important thing
and there is a resolution which I think Commissioner Perez has.
Mr. Perez: Mr. Mayor, I would like to clarify at the last Commission meeting
I have the opportunity to introduce a motion do to the recognizing the efforts
of our State Representative Luis Morse. After I present that motion that we
decide to postpone for this Commission meeting. I have the opportunity to
meet with several members of the Latin community in the Southwest 8th Street
area and I found that that is a very controversial issue in that area. I met
with Luis Morse, with several other Latin leaders in the community, with the
people of the Latin Chamber of Commerce CAMACOL. The President Luis Sabines
made several recommendations about. I invite also Luis Morse specially to
attend this meeting in order to explain his efforts and I would like to
recognize also the representative for Calle Ocho Merchant Association headed
by Juan Lacamende the President. Hector Torrez the Secretary and this group
here, but I think that this is a controversial issue, but in my own point of
view I would like to clarify that I don't think that we can discuss something
that we don't have an opportunity to take a decision and may be I think that
' the best direction is to hear their opinion and I think that through our State
Representative we can have the opportunity to get an appointment with the
State Department of Transportation, that they have the final word on this
issue, but I would like that I our Representative Luis Morse have the
opportunity to explain the whole procedure.
Mayor Ferre: Luis Morse.
'
Mr. Plummer: Mr. Mayor, could I interrupt for one second Luis. There is a
great number of people here Mr. Mayor, if you would announce that the Woodlawn
Cemetery matter has been deferred or continued, I think you will clear out
quite a few people.
(COMMENT INAUDIBLE).
Mr. Plummer: Item 5 pertaining to Woodlawn Cemetery has been deferred until a
later date. I'm sorry. Luis, go ahead. I'm sorry.
Mr. Luis Morse: Thank you, Mr. Mayor and Mr. Commissioners. The reason that
I started this whole thing about the 8th two-way, was that several of our
constituents asked me... expressed their concern about the troubles that we
are having in Calle Ocho with the construction going on on 7th Street and the
delaying, the prolonging of that construction and it was affecting their
businesses. I proposed to the Department of Transportation that they make
temporary Southwest 8th Street a two-way street while the construction on
Southwest 7th was going on. The Department of Transportation did promise to
evaluate that request. They did evaluate the request and they came back with
some recommendations. Right now they are going into a phase now that they
will be putting temporary top coat on all intersections. They are putting up
�`<
gl 2 September 26, 1985
1P
signs immediately. They are trying to alleviate all the traffic problems that
are associated with the building. Also, they have talked to the contractor
Mr. Garcia Allan about not breaking up any more of Southwest 7th Street until
they have completed the sections that they have already broken up. to fact,
they have taken up quite a few measures to alleviate the problems with the..,
that have impacted our merchants in Southwest Bth, but they say that it is not
practical to change the flow of traffic because of the customs and the way
people are accustom to using Southwest Bth Street that it might create safety
problems and they are very concern about it. At this time...
Mayor Ferre: What do you want us to do Representative?
Mr. Morse: Well,... at this tine I am personally, would be willing to wait
and see if the measures that they taking will alleviate the problems of the
merchants before we go on into anything else and go into much more forceful
stand.
AT THIS POINT THIS ITEM WAS TEMPORARILY DEFERRED.
3. BRIEF COMMENTS REGARDING WOODLAWN PARK CEMETERY.
Mayor Ferre: Ok. I see a lot of people coming in here on the Woodlawn
Cemetery issue. That issue has been continued. (SPEAKS IN SPANISH). We have
continued therefore, item 5 to November 26th. Yes, sir.
UNIDENTIFIED SPEAKER: I am one of the owners around the cemetery. I had to
leave work to come here to listen to this basically because I have something
to say. This is hard for me.
Mayor Ferre: What time does you start your job? Ok, you have now lost an
hour and forty-five minutes.
UNIDENTIFIED SPEAKER: Right, but I did not know as far as I was concerned, I
was supposed to be here now. I never received any notice saying that this was
going to be like this.
Mayor Ferre: That it was going to be like what?
UNIDENTIFIED SPEAKER: You know that there was going to be an extension to
another date.
Mayor Ferre: Let me explain it to you so you understand and this is nothing
against you or anybody else. People who have petitions before the Commission
or anything that is important have the right, the courtesy, to request that
something be continued. Now, we do not abuse that. You can only do that
once. But they have this morning asked that this item be continued and this
Commission has granted as we do in every case. If you have something that you
have before us and you want it continued for whatever reasonable reasons, we
will grant you that right and that's all we have done. Now, if you want, at
the next hearing we will do it in the evening. Is that better for you?
UNIDENTIFIED SPEAKER:It doens't matter to me, as long as I get permission from
work. Will I be notified in writing next time?
Mayor Ferre: You are notified right now that the hearing will be November
26th and let's make it in the evening so that people who want to come... 6
o'clock. Is that acceptable? Anybody have any problems with 6 o'clock?
Anybody have any problems with 6? All right, this has been continued to
November 26th, 6 P.M. Yes, sir.
Mr. Robert Coroner: My name is Robert Coroner. I'm here representing a group
of funeral home operators and some owners of property in Woodlawn Park
Cemetery. I would like the record to show that we were not told of the
possibility of a continuance by the applicant prior to coming here today
and...
gl 3 September 26, 1985
i
Mayor Ferre: Let the record reflect that that's your statement and we can't
guarantee what was said and what wasn't. We Knew nothing about it until this
morning and I don't... If anybody.., and just for the record let me say that I
as Mayor knew nothing about this continuance until I was informed that it was
being continued this morning.
Mr. Coroner: Thank you, Mayor, I realize that.
UNIDENTIFIED SPEAKER: Mr. Mayor,
Mayor Ferre: Yes.
UNIDENTIFIED SPEAKER: May I request and this is something that occurred at
the prior hearing before the board, that Mr. Coroner identify who his clients
are. He has never done that.
Mayor Ferre: I think that's up to Mr. Coroner, if he wishes to do so.
Mr. Coroner: I will be glad to do that when we have the hearing, because I
would like it to be apart of that record. Yes.
Mayor Ferre: Yes, Mr. Coroner. Thank you.
Mr. Coroner: Thank you.
Mayor Ferre: Anything else? Anything else?
4. CONTINUED CONSIDERATION OF AGENDA ITEM 13 - TEWORARY DESIGNATION OF S.W.
STH STREET AS A 2-WAY STREET.
`-
Mayor Ferre: All right, Representative Morse has made his statement into the
record. Mr. Manager, I like everyone else I'm sure in this town have on many
many many occasions been the subject of angry people who blame the City of
Miami, that includes me and you, for what's gong on in Northwest 7th Street.
Unethical politicians and people who don't play nicely have taken advantage of
'
that circumstance and have gone around and perpetuated the theory that the
City of Miami is the responsible party. Now, there is nothing I can do about
that, but there is something we can do about what's happening. The
construction company that has that job is Garcia Allen Construction. I met
Mr. Garcia Allen the other day and he says that he has never had a rougher
time on a job than on this one and that the State is asking him to do things
that he feels are totally unnecessary. He says that because of the State Is
demands and I'm talking about the Department of Transportation's demands, that
he thinks that the job is already delayed six months and will be delayed
further and that they are requesting things be done that are totally
unnecessary. I would like and I will make it in the form of a motion if J. L.
will take the gavel and accept the motion. I would like to move that the City
of Miami protest to the State of Florida the many and continuous delays that
'
are occurring on this job. We don't know whether it's necessary or
unnecessary, but we would certainly like for the... for Mr. Goodnight and the
Department of Transportation and the responsible parties to address the issue
to the community in these chambers if they wish or any other place that they
wish and that you the administration be instructed to sit down, you, if
necessary Mr. Manager, but if not, certainly your assistants to sit down with
Mr. Garcia Allen and with the Department of Transportation, because the people
of Miami, the residents and the commercial entities in 8th Street are being
severely affected by what seems to be on the surface tremendous arrogance in
the part of the State of Florida in making Mr. Garcia Allen do things that are
_.
not normally done. Now, Mr. Garcia Allen may be a minority contractor and I
accept the fact that as a Cuban American he may not be as well-known in
{
Tallahassee as other construction companies, but Mr. Garcia Allen has
certainly proven over the last ten years that he knows what he is doing. He
has built more roads in Miami than probably anybody else and I find it just
unbelievable that the State is now making compact tests and drainage tests and
y.
"',
gl 4 September 26, 1985
0
viscosity tests and all kinds of things, thus, delaying this job
unnecessarily. I am not attesting that this is true or not true. It is the
tumor and Mr. Garcia Allen is very upset that this Job is costing so much
because of the demands of the State and I would like for the City, the proper
authorities and the staff to have a meeting with Mr. Goodnight and Mr. Garcia
Allen to see what the truth is on that and hopefully, solve the problem and I
so move.
Mr. Plummer: Is there a second?
Mr. Perez: I second without any doubt and Mr. Mayor, I would like to include
in that motion also, the other projects that are under construction in the
City of Miami limits. Especially, the project of Flagler Street starting at
57th Avenue until 70 something.
Mayor Ferre: That's the County though. See, one is the State. The other one
is the County.
Mr. Perez: Yes, that's County and State funds, but if that project has County
participation. I met the contractors. I met with the people of the County,
but I think that is important that our City administration try to contact the
County officially, try to contact the State authority and to have a meeting.
We have a lot of complaints everyday for all the small and medium merchants
from Flagler Street on 57th, 59th. I think that we have to take care of that
request.
Mayor Ferre: Ok.
Mr. Carollo: Well, there is a motion and there is a second, further
discussion. Mr. Mayor, I think it's important that at the same time that we
deal with this particular case here, that we talk about some other general
work that's being done in the City. Unfortunately, in this particular case
there has been some undue hardship on the residents of the area. At the same
{ time we have to keep in mind that if we are to progress, if we are to improve
our roads, our streets, our way of life, there is going to have to be some
i slight inconvenience at times. The only way that we can improve some streets
is by having to tear them down so that we can redo them, make them better.
That doesn't mean however, that this has to go on for months and months and
months and months like the case here. There is a limit to how much time it
should take, but what bothers me tremendously is the dem that is being used by
certain sectors and certain "X" candidates that are running for office that
are going around attacking everything that this Commission does. There can be
j no right that this Commission can do. There can be no right that this City
government, the City administration can do. In fact, I remember several
months ago, a candidate "X" running for office going out .in radio attacking
the City of Miami government as a whole because of the way we have 16th Street
Southwest. Well, the work on most of 16th Street in the Southwest section is
finished now and if you would go through there today, you would find that it
was well worth the time that this City spent in fixing those streets, because
now we have a tremendous 16th Street that's four lane that was very badly
needed. I just wanted to make that point across, that it seems that there is
a pattern out there by certain self interest groups, that they just want to
tear apart anything that this City government does. We are not perfect. None
1 of us are, but at the same time nobody can deny the progress that this City
government, that this City Commission has made in the last eight years, in
particularly in the last six years.
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Dawkins: Mr. Manager, who is over there from Public_ Works that deal with
streets? Would you have him come to the podium please.
Mr. Pereira: I cannot hear you, sir.
Mayor Ferre: He says who deals with Public Works and have them come to the
podium.
Mr. Dawkins: With the streets.
gl 5 September 26, 1985
t
Mr. Pereira: We have Don Cather or Walter Pierce.
Mr. Dawkins: This is a concern of mine and I have peen here. I have gotten
the support of this total Commission and we have gone to the County Commission
and Northwest 12th Avenue from list Street to 36th Street has been torn up for
two years. Every resident and business along there has been disrupted, has
lost money and what have you and every time this Commission has sent our
representative to the County we get some static as to the contractor. Now, if
this is the same contractor that you have got on Southwest 8th Street who is
doing Northwest 12th Avenue, then I would say junk him, get rid of him, fire
him, cancel his contract, do whatever you have to do, because if he follows
the same pattern on Southwest Bth Street that he followed on 12th Avenue on
7th Street and 6th Street ---they got 6th Street torn up too ---then for two
years we were are going to be inconvenience. So, I would just like to go on
record, Mr. Manager, as saying that if this is the same contractor, then he
should be fired. If he is not the same contractor, then this City
administration should give this guy some performance goals and objectives and
some dates by which certain things have to be completed and if they are not
take the contract from him.
'dayor Ferre: Mr. Manager.
Mr. Pereira: The contractor on... it's the same contractor Commissioner
and...
Mr. Dawkins: Well, see... then I have got a problem with it and I'm with the
Southwest 8th Street merchants a hundred per cent, because for two years I
have been living with this and this guy always got some damn excuse and he is
going to do the same thing on Southwest 8th Street just as sure as you got the
contract and if he... is he on time now, sir?
Mr. Pereira: The 12th Avenue job is a County job and we are lucky we have
Charlie Baldwin here who is the Chief Engineer for the County.
Mr. Dawkins: Mr. Manager, is the contractor that's doing 7th Street, is he on
time according to the contract.
Mr. Pereira: I don't know. It's a State contract. I couldn't tell you
because we don't monitor that contract. That's a State contract sir. I don't
know. Charlie, you know if he...
Mr. Dawkins: Well, then somebody tell me why is it that this Commission and
three of us running going to catch hell for something we can't control?
Mayor Ferre: Because your opponents are making it an issue
Mr. Dawkins: Yes, but see, I understand Maurice, the opponents are making it
an issue, but it's up to us like Joe said. It's up to us to have the
residents understand who the problem is. The problem is the State and...
(COMMENT INAUDIBLE).
Mr. Dawkins: The County or whoever. The State and the County. See. And
unless you or somebody says this, these people out here think that I'm the one
that his business is following off and we are not the people.
Mayor Ferre: All right. Well, we happen to have the person who knows
something about it. So, why don't you come and tell us what the County is
going to do to solve this serious problem which is afflicting the residents of
Metropolitan Dade County and the City of Miami and the taxpayers and residents
and business people that are being severely affected by what's going on and
all these streets being torn up. Now, that's not... We are not questioning
whether or not streets need to be torn to be rebuilt. We understand that
that's called progress, but on the other hand I do think that a job that is
scheduled to take a year when it takes two and a half years something has got
to be wrong.
Mr. Charles Baldwin: My name is Charles Baldwin and I'm with Dade County
Public Works. We play a role relative to. the Northwest 12th Avenue project
gl 6 September 26, 1985
and in fact, it is the same contractor that's under discussion doing the
Southwest 7th Street project. There have been numerous problems with the
construction of Northwest 12th Avenue,
Mr. Dawkins: Name them sift. Like what?
Mr. Baldwin: I am stumbling a little bit relative to the preciseness of the
answer to give you, because in fact, that project is behind time. We have
been heavily involved with that contractor to... similar to your position...
the position of the Mayor in his motion to take any and all means to get him
to complete that project and relieve the burdens that have been placed on
those residents and users in that area.
Mr. Dawkins: Well, why would you after this guy has such a had track record,
award him another contract?
Mr. Baldwin: Sir, we have not awarded that particular contractor another
contract.
Mr. Dawkins: Well, how did he get this one?
Mr. Baldwin: Well, the Florida Department of Transportation made the project
award.
Mr. Dawkins: And that's Bob Graham who is running for Senator. He is
responsible? If he is say so. I mean, I need to know who to tell these
people who are voting for me who not to vote for. Is Bob Graham responsible?
Mr. Baldwin: As Governor of the State he has jurisdiction over the Florida
Department...
Mr. Dawkins: All right, sir, under Bob Graham who come next in the hierarchy?
Mr. Baldwin: I would presume it would be the Secretary of the Department of
Florida Transportation.
Mr. Dawkins: Ok. So, he reports to the Governor. So, the Governor stilt
responsible right?
i
Mr. Baldwin: I would accept your statement, yes.
Mr. Dawkins: Where is Luis Morse? Luis Morse, you inform our Governor that
in the event that he can't get that Florida Department of Transportation to
get better service on these jobs in Dade County, then he may as well not run
for nothing as far as I'm concerned. Ok.
Mr. Carollo: Commissioner Dawkins, excuse me, can I take that as to be
construed that if the Governor doesn't resolve this you are going to endorse
our United States Senator...
Mr. Dawkins: If Paula Hawkins come and get the streets fixed, I may be with
Paula Hawkins. Anybody who get the streets fixed they got me.
Mr. Carollo: We might have another Republican on this Commission yet.
Mr. Plummer: If you guys think that I'm going to go next week to the Cabinet
and ask for money, you are crazier than hell I want to tell you.Cancel that
trip.
Mr. Perez: I want to recognize the participation also, of our State
Representative Alberto Goodman who I don't think that he is here, but I would
like to leave for the record, he worked with me very hard, but something very
important that we mentioned at one meeting. I think and I would like to hear
Luis Morse opinion. I think that we have to be strong on this issue in favor
of the neighbors of the area and if we have to request that the State or the
County stop the payments to this company, we will have to make that request.
j'
I think that Alberto Goodman mentioned that possibility at one meeting and I
think that we have to be strong. We have to request quick action on this
issue and if we have to request an stop of the payment for all the
contractors. I think that we have to give the opportunity to the citizens of
the area.
ptK:
gl 7 September 26, 1985
0
�2
Mr. Morse: Yes, Commissioner Perez, something lV<e that really is what's
happening in Southwest 7th Street, because what's happening is the... Mr.
Goodnight who is the district engineer has prohibited the contractor from
continuing to break tip. Now, as you know, the contractors the way they are
paid is they pay you when they break the street and they pay you when they do
the reconstructing part of it and as long as they are... they are prohibiting
them now from breaking up any new land. He is not getting paid until then...
he builds up what's already been broken up. So, in fact, that is what...
Mayor Ferre: gut that's exactly why this is a disaster and with all respects
to the State and I'm not hlaming you Representative Morse, because you are
just one small part of the whole process. I mean, it's not your
responsibility, nor is it your fault anymore than it's any member of this
Commission's fault notwithstanding what candidate "X" and everybody else is
saying. The point is very simple. The State in my opinion is not acting
responsibly. Now, I'm not saying that the contractor is acting responsibly,
because I don't know, but whatever it is, whether it's Garcia Allen who is to
blame or whether it's the County who is to blame or whether it's the State and
Mr. Goodnight, because I'm sure the Governor doesn't even know that this is
going on. We need to get all this silly business of who is not paying and who
is this and forcing people to do things that they don't have to do to pressure
them and then the contractor slows down and you know, who loses, not the
contractor, because he is going to be paid and not the State because they
don't care. It's the people who live in the residential areas and the
businesses that get caught and I say to you that enough is enough and we have
had enough of this and the City of Miami... Mr. Manager, I think if we don't..
Mr. Manager, this is serious business and if we don't get a resolution to this
I'm willing for the City of Miami to consider suing both Mr. Garcia Allen and
the State of Florida for damages for the the things that they are perpetrating
on the City of Miami and I would like to include in my motion that the...
after you conclude your investigation of this matter that if necessary through
the City Attorney that you bring back the possibilities of our suing the State
and Mr. Garcia Allen for damages.
Mr. Dawkins: Amen, I second that.
Mr. Perez: And the Dade County government also, Mr. Mayor.
Mayor Ferre: What?
Mr. Perez: And the Dade County Government.
Mayor Ferre: And Metropolitan Dade County. Whoever is involved in this
fiasco that's going on here. Ok. Mr. Vice -Mayor, we are ready vote.
Mr. Carollo: Call the roll please.
gl
8 September 26, 1985
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 85-968
A MOTION OF THE CITY OF MIAMI COMMISSION GOING ON
RECORD PROTESTING TO THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION (SFDOT), GARCIA ALLEN CONSTRUCTION
CO., (THE CONTRACTOR) AND METROPOLITAN DADE COUNTY FOR
THE MANY AND CONTINUOUS DELAYS ON THE STATE'S STREET
CONSTRUCTION PROJECTS PRESENTLY TAKING PLACE ON 7TH
STREET BETWEEN 8TH AND 27TH AVENUES AND ON FLAGLER
STREET BETWEEN 57TH AND 72ND AVENUE; FURTHER
REQUESTING MR. GOODNIGHT (OF THE STATE DEPARTMENT OF
TRANSPORTATION) TO COME BEFORE THE COMMISSION AND
ADDRESS THIS ISSUE TO THE COMMUNITY IN THE CITY
COMMISSION CHAMBERS OR AT ANY OTHER SITE HE MAY
SELECT; FURTHER INSTRUCTING THE ADMINISTRATION TO SIT
DOWN WITH MR. GARCIA ALLEN, OF GARCIA ALLEN
CONSTRUCTION CO., AND WITH MR. GOODNIGHT IN ORDER TO
RESOLVE THIS MATTER SINCE MANY CITY OF MIAMI RESIDENTS
AND COMMERCIAL ENTITIES ALONG S.W. 8TH STREET ARE
BEING SEVERELY AFFECTED BY THIS SITUATION; FURTHER
STIPULATING THAT IF THE ADMINISTRATION CANNOT REACH AN
AGREEMENT WITH THE AFOREMENTIONED PARTIES, THE CITY
ATTORNEY IS HEREBY INSTRUCTED TO CONSIDER THE
POSSIBILITY A LAWSUIT AGAINST ALL PARTIES RESPONSIBLE
FOR THIS UNTENABLE SITUATION.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Demet.rio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
s Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Perez: Mr. Mayor, on this issue I would like to recognize Mr. Juan
Larramendi who is the president of Calle Ocho Merchant Association who have a
letter that he want to leave for the record.
Mr. Juan Larramendi: I just want to say just two words, that everything I had
to say is in this paper. Everything is over here. So, that's the only thing
that I can say. I want to deliver this paper to somebody else over here, that
you read everything according what I'm planning to do everything in this file.
Mayor Ferre: All right, thank you. Thank you very much.
5. ALLOCATE $1,502 IN SUPPORT OF CAMERATA BARILOCHE IN CONCERT - (SISTER
CITY CONCERT) TO BE HELD AT GUSMAN HALL, November 1, 1985.
Mayor Ferre: All right, ladies and gentlemen it is now 10:22. We have not
gotten into pocket items yet, but I would ask that we accelerate all of our
pocket items and do them as quickly as possible and no controversial things
please. Mr. Plummer, we will begin with you.
Mr. Plummer: Mr. Mayor, once again, if you would let me announce that Item 5
relating to Woodlawn Cemetery has been deferred until November the 26th at 6
P.M.At the request of the applicant.
gl 9 September 26, 1985
Mayor Ferre:
All tight$ sir$ thank you.
L
Mr* Plummet:
I have one
request Mr. Mayor$ on
behalf of sister City programs
and that is
the amount of fifteen zero two for
the program of Miami Argentina
who wish to put on an act
and I so move.
Mayor Ferre:
Is that the
concert where they are asking fifteen hundred? _
Mr. Plummer:
Yes, sit.
It's under sister city
programs.
Mayor Ferre:
And this is
the concert at Gusman
Halt and what have you?
Mr. Plummer:
Yes, sir.
Mayor Ferre:
Ok. Thank
you. Is this the latter from Mr. Gene Piazasuniga.
Mr. Plummer:
Yes, sir.
That's the letter you
have.
Mayor Ferre:
Is that the one?
Mr. Plummer:
Yes, sir.
Mayor Ferre:
All right,
is there a second?
Mr. Perez:
Second.
J,
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r
3
s
i
�l
10
September 262 1985
V
Mayor Ferre: Perez seconds, furt'ier discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-969
A RESOLUTION ALLOCATING $1,502 FROM SPECIAL PROGRAMS
AND ACCOUNTS, IN SUPPORT OF "CAMERATA BARILOCHE IN
CONCERT" FOR THE PURPOSE OF ADVANCING THE SISTER CITY
CONCERT IN THE CITY OF MIAMI, SAID EVENT TO BE HELD IN
THE GUSMAN CULTURAL_ CENTER ON NOVEMBER 19 1985; SAID
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIA14I ADMINISTRATIVE POLICY
NO. APM-1-840 DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
6. EXPRESS SOLIDARITY WITH PEOPLE OF MEXICO IN TIME OF NEED AND MISFORTUNE -
INSTRUCT ADMINISTRATION TO IDENTIFY ANY EQUIPMENT WHICH MIGHT BE NEEDED
AND THE CITY OF MIAMI CAN SEND AT THIS TIME, IN ORDER TO ASSIST THEM.
Mayor Ferre: Commissioner Perez.
Mr. Perez: Mr. Mayor, first I would like to mention, you know, all of us know
what is the really situation in Mexico at this time. I would like to present
a motion first to express our solidarity with the people of the United
State... the Mexicans United States and also, instructing...
Mayor Ferre: And the City of Miami.
Mr. Perez: Yes. And instructing the City Manager to contact the Honorable
Consulate of Mexico, Fernando Suarez in order to identify what... Huh.
Fernando Sanchez Mayans is the general consul of Mexico. I would like that
the City contact the general consul in order to know what kind of equipment
the City of Miami can send in order to express our solidarity with the people
of Mexico at this time.
Mayor Ferre: All right, is there a second to that motion? Seconded by
Dawkins, further discussion, call the roll.
gl 11 September 26, 1985
d
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 95=970
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING THE
SOLIDARITY OF THE CITIZENS OF THE CITY OF MIAMI WITH THE
PEOPLE OF THE UNITED STATES OF MEXICO IN THEIR TIME OF
NEED AND MISFORTUNE; FURTHER INSTRUCTING THE CITY MANAGER
TO CONTACT THE HONORABLE CONSUL OF MEXICO, FERNANDO
SANCHEZ MAYANS, IN ORDER TO IDENTIFY WHAT KIND OF
EQUIPMENT THE CITY OF MIAMI CAN SEND AT THIS TIME IN ORDER
TO EXPRESS ITS SYMPATHY WITH THE PEOPLE OF MEXICO.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
7. EXPRESS FULL SUPPORT OF CITY OF MIAMI COMMISSION FOR EFFORT BEING MADE TO
HAVE THE FEDERAL REVENUE SHARING PROGRAM EXTENDED AND MAINTAINED IN ORDER
THAT ESSENTIAL ACTIVITIES OF STATE/LOCAL GOVERNMENT MAY CONTINUE AT
SATISFACTORY LEVELS OF SERVICE.
}
--------------------- --------------- ----------------- --------------------------
Mayor Ferre: All right, Commissioner.
j
s Mr. Perez: Ok, Mr. Mayor, the other day, you know, the budget that we
received some information from the Manager Office that the City has the
possibility of losing eight million dollars of federal revenue sharing. I
would like to make a resolution...
Mayor Ferre: That's for next year. Not this year, next year.
Mr. Perez: That's for next year, yes, I know. Resolution expressing the full
support of the Miami City Commission for the effort being made to have the
federal revenue sharing problem extended and maintained in order that the
essentials of the State and local government be continued at a satisfactory
level of service and that we appear to our delegation to our federal
authorities in order to work in that direction and to make an official appeal
on behalf of the City.
Mayor Ferre: All right, is there a second to that motion? All right, second.
I might point out that this is one thing that all of our Congressional
delegation, the Republicans and Democrats from this area. Senator Paula
Hawkins, Senator Chile, our three Congressman are all strongly behind and I
a
would hope that they would take this as a very serious matter which they
always have in the past. Further discussion on this. All right, call the
roll.
k
A -x
g1 12 September 26, 1985
0
0
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 85-971
A RESOLUTION EXPRESSING THE FALL SUPPORT OF THE MIAMI CITY
COMMISSION FOR ALL EFFORTS BEING MADE TO HAVE THE FEDERAL
REVENUE SHARING PROGRAM EXTENDED AND MAINTAINED IN ORDER
THAT ESSENTIAL ACTIVITIES OF STATE AND LOCAL GOVERNMENTS
BE CONTINUED AT A SATISFACTORY LEVEL OF SERVICE; FURTHER
AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ALL
POSSIBLE STEPS TO ACCOMPLISH THE EXTENSION AND MAINTENANCE.
OF SAID PROGRAM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller .3. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
8. (A) ALLOCATE $440 IN SUPPORT OF A SERIES OF THEATRICAL PRODUCTIONS TO BE
PRESENTED AT MANUAL ARTIME COMMUNITY THEATRE ON ORDER TO PROMOTE ARTISTIC
EXPRESSION. (NOTE: IMMEDIATELY RESCINDED HEREINBELOW).
(B) RESCIND/RECONSIDER PRIOR ALLOCATION OF $440 - REFERRED TO CITY
MANAGER FOR HIS CONSIDERATION.
Mr. Perez: Mr. Mayor, I would like to recognize if possible Mrs. Alga de
Carlo Ulmo. She want to make an artistic presentation at the Manuel Artime
Center. I would like to grant a fee waiver for use of the Manuel Artime and
amount not to exceed five hundred dollars from special programs and accounts
quality of life funds in support of the theatre production for the purpose of
promoting artistic presentation in the City of Miami and I would like to move
that resolution. Mrs. de Carlo, do you want to say anything? Five hundred
dollars.
Mayor Ferre: All right, is there as second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, call the roll.
Mr. Perez: Not to exceed five hundred dollars. I think that is... Mr.
Manager, how much is...
Mr. Pereira: Four hundred forty dollars.
Mr. Perez: How much?
Mr. Pereira: Four hundred forty dollars.
Mr. Dawkins: Are we giving money?
Mr. Perez: Yes.
Mr. Dawkins: I take back my second.
gl
13 September 26, 1985
V
%L
Mr. Perez: It's as a fee waiver: What she want is to have for an artistic
presentation at the Manuel Artime, but I think that...
Mayor Ferre: A series of theatrical productions for the promoting artistic
expression at the Manuel Artime Community Center and what kind of
representations are these?
Ms. Olga de Carlo Ulmo: No, excuse me, the only thing what I want is to have
the theatre for three performances. The 24th of November one., the 23rd
November is one at 8 o'clock and two performances Sunday, the 24th. It's a
cultural performance.
Mayor Ferre: What type of performance singing, poetry,...
Ms. Ulmo: Yes, variety and two comedies.
Mayor Ferre: Is this a profit company?
Ms. Ulmo: Yes.
Mayor Ferre: It is for profit.
Ms. Ulmo: Well, it's a group which you know that I am trying to...
Mayor Ferre: I think Commissioner Perez, you have to do it in such away so
that if it is a for profit company and they make money, then they have to...
Ms. Ulmo: It's non-profit. Yes, non-profit.
Mayor Ferre: Oh, it's a non-profit. Well, that's what I asked her. She said
it was profit. Now, it's a non-profit. Ok.
Ms. Ulmo: Yes. Yes, it is. It's non-profit. It's only no money for what I
want, only the theatre.
Mayor Ferre: Ok. This is four hundred forty dollars so that this cultural
presentation can be made at the Manuel Artime Center three times.
Ms. Ulmo: Yes, three time. Only two days.
Mr. Carollo: Did you make the motion?
Mr. Perez: Yes.
Mr. Carollo: Ok, I will second it.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Perez, who moved its
adoption:
MOTION NO. 85-972
A MOTION ALLOCATING AN AMOUNT NOT TO EXCEED $440 IN
SUPPORT OF A SERIES OF THEATRICAL PRODUCTIONS TO BE
PRESENTED AT THE MANUEL ARTIME COMMUNITY THEATRE,
NOVEMBER 23 AND 24, 1985, FOR THE PURPOSE OF PROMOTING
ARTISTIC EXPRESSION IN THE CITY OF MIAMI.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote-
gl .14 September 26, 1985
L
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
l Vice=Mayor Joe Carollo
' Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Dawkins: is this a deviation from the procedure that we established that
we would not be giving money?
Mayor Ferre: Is it Mr. Manager?
Mr. Dawkins: I want to ask.
Mr. Carollo: Well, did it go through the administration or not?
Mr. Pereira: Yes, it is.
Mr. Dawkins: What did the administration do?
Mr. Pereira: We reviewed this and based on the policy that the Commission
have established we were not recommending the fee waiver.
Mr. Carollo: Well, if that's the case Mr. Manager, then I would withdraw my
second to that motion and since we have voted I guess we have to bring it back
then?
z Mayor Ferre: I think we have no choice unless we open everything else up.
Now, as I understand it now Mr. Manager, the policy... does the policy deal
with presentations in theatre groups like Gusman Hall and Artime? I thought
u' it dealt with fairs...
j Mr. Plummer: Any money for festivals.
Mr. Pereira: Any money for festivals inclusive of ... and you have had a
precedent last Commission meeting several people, you know, with similar
activities came in requesting fee waivers and were denied.
Mayor Ferre: Well, we have to be consistent. I think Commissioner Carollo is
' right.
Mr. Perez: But Mr. Mayor, it's important to point out that this is not a
festival, this is a cultural activity and that's for promoting the cultural
expression in the City of Miami. But it's not a festival.
Mayor Ferre: That's true Commissioner Perez, but you voted along with each one
of us. It was a five to zero vote that we would stop all funding of all
functions for the time being. In other words,... and that's firm now. That
includes everything, including Miss Universe, it includes festivals at Gusman
Hall, Orange Blossom Classic, Calle OCHO with whatever legal obligations we
have already. I mean, obviously, for example, Miss Universe, as you know we
have a legal obligation.
Mr. Plummer: Any city sponsored, totally city sponsored, that is a different
story.
Mr. Carollo: Well, I think Mr. Mayor, that we have to make a motion to
reconsider it.
Mayor Ferre: All right, there is a motion then therefore, to reconsider
the...
Mr. Plummer: Second.
Mayor Ferre: And it's been moved and seconded, call the roll.
gl 15 September 25, 1985
Mr. Perez: t would like to make a motion that the City be a co-sponsor of
this cultural activity and that she work with the Cultural Department of the
City.
Mr. Plummer: No, the City has got to be the total sponsor, that's the only
exception.
Mr. Perez: Would you accept that the City be the sponsor of your activity?
Mr. Plummer: I would suggest you send it to the Manager.
Mayor Ferre: Commissioner, I think Commissioner Plummer is giving you some
good advice and with all... I don't mean to create a problem here, but you
know, four hundred forty dollars is something that the Manager can deal with
administratively.
Mr. Perez: I would like to suggest to send to the Manager for
reconsideration.
Mayor Ferre: In the motion of reconsideration Mr. Carollo, could you also
include in it...
Mr. Carollo: That she will meet with the Manager and that we will abide by
the Manager's final word on this matter.
Mayor Ferre: All right, call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 85-973
A MOTION TO RECONSIDER PREVIOUSLY PASSED M-85-972
GRANTING $440 IN SUPPORT OF THEATRICAL PRODUCTIONS TO
BE HELD AT THE MANUEL ARTIME COMMUNITY CENTER; FURTHER
REFERRING THIS REQUEST TO THE CITY MANGER FOR HIS
REVIEW AND FINAL RECOMMENDATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller .3. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Carollo: Ma'am, let me explain to you what we have done. What you need
to do is is to immediately now meet with one of the Manager's assistants. He
will point to whomever he would like for you to me with so that you can
discuss the fine points of this and then work out whatever time they would
like for you to come back tomorrow to give you the final decision that they
will make on this subject. I'm sure that everything will be worked out
though.
Ms. Ulmo: Ok. Thank you very much. I appreciate it.
gl
16 September 26, 1985
k
9. REAPPOINTMENT OF PABLO GOME7_ TO PLANNING BOARD.
Mayor Ferre: All right, is there anything else that you have Commissioner
Perez?
Mr. Perez: Yes, Mr. Mayor. In the last Commission meeting I appointed Mr.
Pablo Gomez for the Planning Board and the City Clerk's Office made some
question about the residency, but I t'ink Pablo Gomez clarified the whole
situation.
Ms. Hirai: Yes, we need to reappoint him.
Mr. Perez: Yes, are you satisfied with all the details about the residency?
Ms. Hirai: Yes. At the time he was appointed he was not a City of Miami
resident. He had not notified the change to Metro. Now, he has brought us
proof that he is to reappoint him and we have a resolution for him.
Mr. Carollo: Madam Clerk, I have a question also, the gentleman that I intend
to appoint to the Zoning seat is open. He had applied, but applied late.
Now, that application that he placed at that... he doesn't have to come again
and put another one in right. That could be...
Ms. Hirai: No, the last motion was to accept those that were of record at the
time. So,...
Mr. Carollo: Ok. Very good. Thank you.
Mr. Carollo: Mr. Mayor, I would .like to make a motion to reappoint Pablo
1 Gomez.
i
Mr. Plummer: Second.
' Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Perez, who moved
'
its adoption:
RESOLUTION NO. 85-974
A RESOLUTION APPOINTING ONE INDIVIDUAL AS A MEMBER OF
THE CITY PLANNING
ADVISORY BOARD TO SERVE A REGULAR
TERM EXPIRING DECEMBER 31, 1987. (Note: Commissioner
Perez appointed Pablo Gomez.)
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution
was passed
and adopted by the following vote-
. `a
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Note: The City Commission, at its meeting of 9-12-85 had appointed
Pablo
Gomez to this Board. As of the time his residency was checked, Mr.
Gomez had
not reported to Metropolitan Dade County his change of address, and
was was
therefor not registered as a City of Miami "resident." Appropriate
papers
have now been provided to the Clerk, proving his City residency.
gl 17 September 26, 1985
Lrrw..tit rL.i.LLrr.�rrrrrrrrrrr�.iir+.isriirrr�rr�a.Lr'rLrrr��r��r.i�rrrrrr�rr ��rr�r �r rr
10. DISCUSSION AND DEFERRAL TO THE CITY MANAGER OF A REQUEST RECEIVED FROM
MR. RENE COTER.AS IN CONNECTION WITH SUN FESTIVAL DIRECT CITY MANAGER TO
EXPLORE POSSIBILITY OF ASSISTANCE FROM THE CITY.(SEE LABEL 11).
ff.wr+riY ri.rrrrrrrLr Lrrrr�11iYirrrrrrrrrrrrr+. r+. rrrrrrrr�.��rr+`rrrrrr rririL+Yrrrrrr�
Mayor Ferre: All rioht, next.
Mr. Perez: Mr. Mayor, I would like to recognize Mr. Rene Coteras, Rene
Coteras is organizing a Sun Festival. I explain what is the policy of the
City, but any how he wanted to appear before the Commission and I want that
you give him the opportunity.
Mayor Ferre: All right.
Mr. Rene Coteras: All right, Mr. Mayor and Mr. Commissioners, I would like to
say that about four months ago we started organizing a sun festival in Miami
and right now today we had seventeen Countries participating in the festival.
The reason that we are here today is because all of you have a file like this
containing all the information that is regarding a festival and that we are
running to a budget that we can't comply with. It's just an enormous amount
of money. We have like thirty people representing seventeen countries right
now and hotels and we are feeding them and this is going out of proportion
now. We are trying to see if we can get the help of the City of Miami to help
the festival and support it with some money.
Mr. Luis Diaz: My name is Luis Diaz and I live at 1850 Southwest 8th Street
Suite 206. One of the things that I would like to emphasize on this type of
festival is that it's the first international festival in the City of Miami.
This is going to be on a yearly basis and it's... this year it's only
seventeen countries, but it's not only in Spanish. That's something that I
think is very important to emphasize, because may be this will be the tool to
buying all in good together. It's not only in Spanish language, but also in
English. We have representatives also from Canada and at the same time
something that I think is very important to the City. Those seventeen
countries are already committed to the festival will be aired... the program
that we recorded that will be also aired through Channel 51 on those countries
and one of the idea is to give the City time on that program to sell the City
on those seventeen countries, and I think that would be very good also to bind
the City of Miami with those Latin countries.
Mayor Ferre: Thank you. Mr. Coteras, what is your specific request?
Mr. Coteras: We are requesting forty thousand dollars in support of the
festivals.
Mayor Ferre: All .right. Forty thousand. As you understand the City of Miami
Commission as you have been informed by Commissioner Perez now has taken a
position that we will not be doing any funding of any festival including OTI.
including, Miss Universe; including, all of the...
Mr. Coteras: Excuse me, sir. This festival belong and is being born here in
the City of Miami. I don't belong to no other city.
Mayor Ferre: Yes. No, that's correct. Including those born in the City of
Miami, those born in Florida, those born in the world, all festivals. Black,
White, Spanish, English, Christian, Jews, young, old, street, everyone. There
is now a freeze on any monies going to festivals. All monies to everyone.
Now, the Manager,... I have written a memorandum which I have sent the members
of the Commission to give us a recommendation on an orderly process, because I
know that the world must continue, but we must put some kind of order to how
we go around giving money to these festivals because it's now grown from
nothing to over two million dollars and the citizens of Miami facing federal
cuts can no longer afford this unless we have a very systematic and orderly
way of doing it. We realize that there must be some way of doing this
orderly, but right now we have a freeze. So, thank you for being here this
morning. Yes, of course.
gl 18 September 26, 1985
Mr. Coteras: May I make a comment on that. I know that you have a freeze.
These type of festival we discussed with the City Manager to have certain
recommendation on that and he liked the idea. He says that will be fantastic
for the City. But besides that...
Mayor Ferre: Great idea and I will tell you publicly, I think it's
wonderful,... I'm all for it.
Mr. Coteras: But besides that why we want to punish something that is going
to... that's born in Miami and in the past we have been funding not also
program that is not horn in Miami outside of this country. I don't see any
reason now that we are trying to do something that would benefit all in a
group.
Mayor Ferre: I agree with you.
Mr. Coteras: That the City of Miami decide to freeze that. That's something
that really concerns the citizens.
Mayor Ferre: Goombay was born in the City of Miami, Calle Orho was born in
the City of Miami. It wasn't born in Havana. It was born here.
Mr. Coteras: No, but there is a lot of... as an example, in the past I think
what the Haitian type of activity that born out side of...
Mayor Ferre: Haitians. The Haitians...
Mr. Coteras: Yes. No, that was locally, was a kind of a festival that was
done in Coconut Grove. I think that they brought from Haiti, I think certain
merchandise. I don't know it to be introduced in the United States, but at
least it was from Haiti and was doing like that. I think that we deserve an
opportunity to...
Mayor Ferre: I agree with you.
Mr. Perez: Mr. Mayor, I would like that this group... Rene Coteras well-known
i
for a long time and I know what is his record and his credibility in this
j
kind of activity, have the opportunity to meet with the administration, try to
discuss more details and try to know from the administration it is possible to
try to obtain any kind of support from the City without any obstruction of
=
what is the policy of this Commission.
Mayor Ferre: Absolutely. And...
Mr. Coteras: I would like to say that... I would like to say also that the
festival begins tomorrow. Tomorrow September 27th is the beginning of the
festival and it will continue for fourteen days until October 6th that...
Mr. Perez: Where do you have the festival in the City of Miami or on the
beach.
Mr. Coteras: Yes, we start at Miami High Auditorium with the second round
eliminations and then we continue to Dade County Auditorium on October 5th and
6th which is going to be the finals.
Mr. Perez: But any how Coteras, we have the event for tomorrow, but anyhow I
t,
think that we have to look for the present and for the future in this issue
and may be we can establish a kind of relation also for the future. I don't
think that this is the only festival that you are going the first...
a.
Mr. Coteras: No, no, we are planning on going very far away.
Mr. Perez: Ok. I think that it would be right if you contact our Manager.
fir
You make the contact... ok.
Mr. Coteras: All right, thank you very much.
gl 19 September 26, 1985
—.ass- .ram—_��.�r..�.:..r�.1.—��i�
11. REFER TO CITY MANAGER REQUEST RECEIVED FROM MR. WALDO PEREZ IN CONNECTION
WITH A PROPOSED BEAUTY PAGEANT - MANAGER TO PROVIDE RECOMMENDATIONS.
Mr. Perez: Mr. Mayor, also, t would like to recognize Mr. Waldo Perez Mr.
Wasldo Perez have a proposal about a beauty contest.
Mayor Ferre: Mr. Perez.
Mr. Perez: This proposal... I think that he has sent this proposal to each
member of this Commission for a long time ago and I think that it's a good
opportunity to try to formalize and to make official his proposal and that the
administration have the opportunity to receive it and make recommendations...
formal recommendations. You want to add anything...
Mayor Ferre: I will tell, you want to so move for both the Festival
International Sol De Miami and the Hispano American Beauty Pageant?
Mr. Carollo: Yes, that both be transferred to the administration and they
give a formal...
Mayor Ferre: There is a motion that both of these things be referred to the
Manager for the administration's recommendation.
Mr. Carollo: This is only to be. referred to the Manager so that he can go
over it.
Mayor Ferre: That's correct.
Mr. Carollo: I second that motion.
Mayor Ferre: Ok. Any discussion on it? Any discussion? All right, call the
roll.
3
The following motion was introduced by Commissioner Perez, who moved its
wi
adoption:
s
MOTION NO. 85-975
A MOTION REFERRING TO THE CITY MANGER REQUEST MADE BY
a
MR. WALDO PEREZ FOR ASSISTANCE IN CONNECTION WITH THE
y
HOLDING OF THE "FESTIVAL INTERNACIONAL SOL DE MIAMI
#
85" AND THE "MISS HISPANO AMERICA" PAGEANT; FURTHER
INSTRUCTING FRANK CASTANEDA TO ACT AS THE CITY'S
LIAISON IN MEETINGS TO BE HELD.
Upon being seconded by Commissioner Carollo, the motion was passed and
a
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
t."
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
a
NOES: None.
ABSENT: None.
Mr. Perez: Mr. Manager, who is the member of the administration that you plan
to appoint in order to discuss...
Mr. Pereira: We will have Frank Castaneda talk to them.
Y
Mayor Ferre: Who?
gl 20 September 26, 1985
C'
V
Mr. Pereira: crank.
Mayor Ferre: is Mr. Castaneda here?
Mr. Pereira: Yes, he is here. He is meeting with the other lady at this
point. if you let me have it, I will make sure he gets it.
Mr. Perez: Ok. We are going to deliver this to the administration and Mr.
Frank Castaneda will be the person appointed by the City Manager. Ok,
Mayor Ferre: All right, anything else Commissioner. All right, Commissioner
Dawkins.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Yes, yours too.
NOTE FOR THE RECORD: At this point Commissioner Perez announces the
forthcoming celebration of the 3rd Conference of Cuban Municipalities in
Exile.
12. BRIEF DISCUSSION ITEM - DISCUSSION REGARDING ORANGE BLOSSOM CLASSIC.
Mr. Dawkins: Mr. Manager, I have two pocket items.
Mayor Ferre: Go ahead Commissioner.
Mr. Dawkins: #1 is the Orange Bowl Classic and that is Mr. Dick Williams went
back to the Florida A&M Alumni Association and he stated that Miller Dawkins
stopped the Commission from giving the Orange Blossom Classic money and I
would like for it to go on record here and now stating that we followed a
policy that we will fund no festivals and no nothing. Now, and Mr. Manager,
as you deliberate over the items you have just been given and you find that
they do not violate the spirit that we voted up here, that I expect you to
come back at the next meeting and tell me how to fund the Orange Blossom
Classic, how to fund Calle Ocho, how to fund the Goombay and how to fund
anything else. I want you to understand that. All right, I will say it again.
Mr. Dick Williams went to the Florida A&M Alumni Association and said that
Miller Dawkins stopped this Commission from funding the Orange Blossom
Classic. The only thing this Commission did was follow a procedure that we
had filed up that we would not fund any projects and I wanted that on the
record, that's all.
Mayor Ferre: And furthermore, Commissioner Dawkins, I have written a
memorandum which I sent all of you a copy of asking the administration slowly
and intelligently to outline all of the different procedures and come up with
a recommendation that we can deal with intelligently as a procedural matter.
So, I mean, let the record reflect that I subscribe to what my colleague
Commissioner Dawkins has said that this was not a turn down on anybody's part.
What we are trying to do is get control of what it is that this City is doing,
because there is no control now. We have gotten to a point where we are
funding everybody and anybody who comes here for any kind of a festival.
Mr. Dawkins: And anybody the County turns down.
Mayor Ferre: And the Dade County Home Owner and Taxpayers League is just not
going to put up with that anymore and I think rightly so. I think taxpayers
do not want us to continue doing that. Thank you.
Mr. Dawkins: Ok. Thank you Mr. Mayor.
Mr. Plummer: I would suggest Commission Dawkins that you send a copy of that
policy which is on record to the Orange Blossom people and let it be shown
that it was a unanimous decision and policy of this Commission.
Mr. Dawkins: Thank you. My second Item is...
gl 21 September 26, 1985
i
iiiiSi JL+i`wiwr rrrrrrrr—rrr—rrr�'.iii+i�i.ia+i�ww i.+�J►.iirr rrr—ir----rr---i�ii iiw w�iii i�i. r. iYr r-
13. AUTHORIZE CITY ATTORNEY TO EMPLOY LAW FIRM OF SAGE, GRAY, TODD, AND SIMS
AS SPECIAL COUNSEL TO ASSIST WITH NEGOTIATIONS/DOCUMENT DRAFTING
REGARDING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR "BAYSIDE
SPECIALTY CENTER PARKING GARAGE" PROJECT.
Ms. Dougherty: Commissioner Dawkins, while we ara waiting do you want to
bring up the item that you suggested that I bring back?
Mr. Dawkins: I don't see why not.
Ms. Dougherty: Mr. Mayor and Commissioners, at the last Commission meeting
Commissioner Dawkins asked that a resolution authorizing the attorney to
employ as outside counsel in connection wit'n drafting the final documents for
Bayside and be paid out of the bond funds be deferred and he has now asked
that this item be brought back and I recommend it.
Mayor Ferre: All right, is there a motion then?
Mr. Dawkins: Move it.
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-976
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO EMPLOY THE
LAW FIRM OF SAGE, GRAY, TODD, & SIMS, AS SPECIAL COUNSEL,
TO ASSIST IN THE FINAL NEGOTIATIONS AND DOCUMENT DRAFTING
IN CONNECTION WITH THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS FOR THE BAYSIDE SPECIALTY CENTER PARKING
GARAGE PROJECT DUE TO THE URGENT NEED FOR EXPEDITED ACTION
IN RESOLVING THE REMAINING ISSUES RELATED TO SAID PROJECT,
WITH FUNDS FOR SAID SERVICES BEING ALLOCATED FROM BOND
PROCEEDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
14. BRIEF DISCUSSION ITEM: STATUS OF POLICE SUBSTATIONS.
Mr. Dawkins: Mr. Manager, on March 13, 1984 a twenty million dollar bond
issue was passed for substations. July 15, 1983 report on the negotiations to
gl 22 September 26, 1985
get a piece of property for Miami Police Station. September 19th acceptance
of a piece of land for a police station, October 1, 1984 an agenda item
saying that we had twenty million dollars bonds for sale to build the
substation. October 24, 1984 a resolution designating the development of a
police substation inn Liberty City and one in Little Havana. ordinance 9803
March 13, 1984 the issuance of the bonds. February 2, 1984 the go ahead to
build the substation, October 10, 1984 Merritt Stierhiem gives us the land
for a dollar. October 24, 1984 a resolution designating, etc_. Now, today is
what?
Mayor Perre: September 26th
Mr. Dawkins: 1985-Where are you sir on the status of the Substations?
Mr. Pereira: As far as I'm concerned we are ready to break ground. We have a
date for the ground breaking.
Mr. Dawkins: Ok. Where arP the plans to show me what we are breaking ground
on?
Mr. Pereira: John Gilchrist is going back to get that information, sir.
Mr. Dawkins: Ok. In the meantime do you... In case just to show you ... Mr.
Wright, will you come to the mike please. How long ago did I ask you if you
and three gentlemen would look at this and see if you could come up with a
rendering for me for a substation? How long?
Mr. Wright: Approximately two weeks ago.
Mr. Dawkins: All right, and in two weeks will you bear with me while he show
me what three people have done in three weeks. Go right ahead Mr. Wright.
What they have done in three weeks the Administration have not been able to do
in three years.
Mr. Plummer: Mr. Wright, would you like to be City Manager?
Mr. Wright: No, thank you. What I am about to show here is a schematic
design of the 62nd Street Police Substation. The design is a design based
upon the program that was receive from the City Manager Office. The site....
I would rather speak without the microphone. The site is located on Northwest
62nd Avenue between loth Avenue and llth Avenue. The Ilth Avenue being at
this end, loth Avenue being at this end. It's a long narrow site
approximately three hundred thirty feet in length, a hundred feet in width.
The site is down to the South by an existing alley way. In walking the site
the major piece of architecture there is the Tacolcy Center which is just East
of the site across loth Avenue. This is the building that is approximately
seven or eight years old and it's been well accepted within the community
because of its steep roots and its heavy timber construction. Looking at the
site what we tried to do was to totally separate the police activity and the
public activity. The police parking is at this end of the site. The public
parking being at this end of the site with the public entrance here. The
police staff entrance here. This alley has been delegated for police use
only. There is also some covered parking, next to the staff entrance. The
floor plan show the public parking here, the entrance to the lobby here,
(COMMENTS INAUDIBLE, NOT USING THE MIKE). As I was saying I broke the floor
plans up into several zones. One zone being the public, zone two being the
simi-secure, meaning the staff area and the high security area being the
cells. On the first floor the public coming into the entrance here would have
access to and I.D. office here. A public relations room with access to a
court yard here. In situations where we had to facilitate a case follow up
where a citizen had made a complaint and wanted to come in and speak with the
detective about the progression of it, he would come into a control point here
and meet with one of the detectives that would either come from up stairs or
from another part of the staff area. Beyond this point the public is not
normally accessible. The simi-security area includes the front desk and
everything behind this line. The front desk also includes the booking area
here next to the sale area here. Take for example, if a detainee was brought
In he would be brought into this parking area, brought into the booking,
carried into the searching area and then back into the cells here. Well, what
this does by keeping the cell area next to the perimeter of the building, it
gl 23 September 26, 1985
eliminates potentially dangerous situations that could possibly occur if you
had to take a detainee, say to the second floor or to another part of the
building. As far as the staff facilities are concerned. The men lockers,
showers, and toilets are here. Women lockers, showers and toilets are here.
The radio patrol room here. The roll call room here. These two areas being
as close to the police parking areas as possible. As we come up to the second
floor we have the stair and the elevator leaning up to the second floor here
would lead a person right into the administration area where a receptionist
could direct a visitor to either the waiting area here outside of the
conference room or to the district manager's office... the district
commander's office in this area hers. The staff lounge would be here with a
facility of heating up sandwiches on a microwaves. The staff men and women
toilets are here. The crime units are in this area here and in a open plane
that will facilitate the increase of staff in one unit or decrease of staff in
another unit that would be able to fluctuate back and forth. The storage and
reproduction is in this area here. There is a glass wall along here that
would give the administrative staff a view of the lobby which is down below.
We are back at the first floor again, because one thing I wanted to stress
here is that we felt that very important especially in police stations and the
cause of construction today that we have to be able to incorporate a certain
amount of flexibility within the building and to accommodate this flexibility
we placed those areas that are more prone to grow at this end of the building
towards the parking lot. Those areas being the roll call and the radio patrol
on the first floor. Also, to include the cell areas on the first floor. So,
take for example, if those department or cells need to he expanded. They
could be expanded without any problem just by reconfiguring the parking lot.
Up on the second floor we still have the same situation. The administrative
area could expand. The crime units there could expand and a new conference
roan could be built. of course, there would be some inconvenience in the
parking lots for a while, but it's less expensive to expand the facility as
opposed to building an entirely new facility. This show the elevations of the
building. The north elevation being the elevation that would face 62nd Street
and it has the steep roofs that have been so well accepted with the tacolcy
Center. These protrusion that we have here. This is a portion of the lobby.
This is a portion of the district commander's office. The police lounge up
stairs. The conference room here. The east elevation. The elevation that
faces the Tacolcy Center's basketball courts and tennis courts. And placing a
commander office with a view in that direction and in placing the court yard
below and in placing the lounge above with a view of that we feel that that
they could be entertained by some of the activities during their breaks. This
shows a perceptive of the building as seen from the visitors parking lot.
This shows the interior of the building as seen from the waiting area of the
public lobby and that's all I have.
Mr. Dawkins: Thank you, Mr. Wright, Mr. Manager,for three years I have sat
here and asked that this be done and thing has been done. The only reason I
have not asked anyone to work with the little Havana Station is we do not have
the land. Now, can you tell me now what you are going to show me as a plan
that you are going to break ground for.
Mr. Pereira: Well, Commissioner, a couple of meetings ago we awarded the
design contractor, the architect and it's my understanding that last Tuesday,
this past Tuesday, the County Commission approved the agreement for the land
and that the architects will be given the order to procedure and we have to
follow those steps because if the land is not there, we will not... you know,
he certainly cannot design .it if we didn't have the land and we are in the
process of setting up the ground breaking ceremony and we will ask the
architect to do a rendering of the facility.
i
Mr. Dawkins: Mr. Manager, I am very ticked off and this is nothing new, but I
don't know what to do fellow Commissioners. Now, you know how long I have sat
here and begged, screamed and yelled for two substations. You know that the
citizens passed a bond issue for these two substations and yet they are not
even at the stage of showing me what they are going to put there, but yet I
can get a volunteer who could sit down and just donate his time to show me
what can be done, but yet we are spending money and dragging our feet and I
have been yelling and screaming about this I don't know how long and I don't
-:
know what I have to do to get you people to get a substation built out there.
Now, if you tell me what I have to do I will do it.
w,.
r
gl 24 September 26, 1985
Mr. Pereira: Sir; we are in the process of getting it 7uilt and you know, it
will be built. Unfortunately, we have to follow certain procedures...
Mr. Dawkins: Will I be able to see it in this life time?
Mr. Pereira: Oh, you certainly will he able to see it in this life time and
both of our life times.
Mayor Ferre: All right...
Mr. Dawkins: Well, Mr. Manager, I don't know. I'm going to sit down with
some people and council because I'm at the stage where if I knew what to stop
at the city level to get this done, I would do it. See. It's obvious, that
the people that you put in charge of this are not dedicated and are not
interested in getting this done or you are not interested in getting it done,
because it's an order from this Commission.
Mr. Pereira: I beg to differ with you sir. I think that we can show you
clearly that we have been making... that we are making progress in getting the
facility built. And as I said it's unfortunate that, you know, there are
certain steps that we have to follow and I don't want to put anybody, you
know, who took the time, but it's very easy, you know, if...and I appreciate
the gentleman, you know, who did all the work, but we cannot...
Mr. Dawkins: No, no, don't appreciate him doing the work, appreciate my
asking him to do it. See. This man is innocent. This man ain't got nothing
to do with this argument. See, I asked him as a private citizen to do this
for me and he did it for me. So, I don't want anybody here to get ticked off
with him to think he is trying to show nobody up or that he is trying to get
no contract or that he is trying to do anything. I'm showing you that your
administration and whoever you have hired is dragging their feet.
Mr. Pereira: In all fairness sir, to the people that we have hired to it,
until they get the order to proceed and we cannot give an order to proceed and
we have certain, you know, perimeters that we have to do. Otherwise, we will
be in violation of the law.
Mr. Dawkins: How long does it take you to go through the procedure to get
these certain particulars done? How long have you been the City Manager, sir?
Mr. Pereira: Six months, sir.
Mr. Dawkins: Six months. How long have I been yelling and screaming about
the substation? Since you have been here.
Mr. Pereira: And as I said to you very clearly...
Mr. Dawkins: Since you have been here. How long?
Mr. Pereira: Six months.
Mr. Dawkins: All right. And in six months you couldn't get the particulars
done whatever they were.
Mr. Pereira: I beg to differ with you and we will show you the progress that
we have made on this project sir. Ok.
Mr. Dawkins: Well, show it to me.
Mr. Pereira: Ok. Now, I will give you a chronology....
Mr. Dawkins: All right, Mr. Mayor, I would like for the City Manger to come
back at 4 o'clock with whatever he has with a time table... I have taken up
enough time. I'm sorry for the citizens who had to go through this with me,
but I would like for your staff to take lunch time with me and show me what
you have done so I won't take nobody else's time. Ok. Our lunch hour will be
spent going through this.
Mayor Ferre: All right, any other pocket items Commissioner.
gi 25 September 26, 1985
Mr. Dawkins! No, sir, Mr. Mayor, thank you.
Mayor Ferre: All right, I think.., let me get through mine would you and give
me... I promise you I will do it in five minutes. As I said non:controversial
items because you know, we get on and we go on for hours on this... you know,
one, two, three.
-===-------------.-----------------------====--------..:..---------------------
15. GRANT REQUEST 13Y COCONUT GROVE CHAMBER OF COMMERCE FOR USE OF PEACOCK
PARK- CLOSURE OF STREETS IN CONNECTION WITH "BANYAN FESTIVAL" ON DECEMBER
LOTH.
Mayor Ferre: The Coconut Grove Chamber of Commerce wants to have their Banyan
Festival. Anybody have a problem with that. The Banyan Festival... they
permission for the closure of Fuller Street and Commodore Plaza, usage of the
sidewalk on Main Highway for the festival, permission for Peacock Park in the
evening. In the event the Chamber gets radio support for a live broadcast, a
showmobile for the Coconut Grove Children Theatre to be set up at Peacock Park
and in -kind services to cover off duty police, fire inspector, extra trash
receptacles.
Mr. Plummer: You can't do that. Under the policy you can't do that.
Mayor Ferre: Ok. Other than those things that cost money anybody have any
objections to closing streets or sidewalks? Is there a second? Seconded,
further discussion with Coconut Grove Chamber's request and refer the expense
parts to the Manager and within his discretion whatever he thinks is
appropriate. Further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 85-977
A MOTION GRANTING A REQUEST MADE BY THE COCONUT GROVE
CHAMBER OF COMMERCE FOR USE OF PEACOCK PARK AND THE
CLOSURE OF THE CERTAIN STREETS IN CONNECTION WITH THE
STAGING OF THE BANYAN FESTIVAL ON DECEMBER LOTH DURING
SPECIFIED HOURS, SAID CLOSURE OF STREETS SUBJECT TO
THE ISSUANCE OF THE NECESSARY PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE, AND INSPECTION
SERVICES; SUBJECT TO APPLICANT INDEMNIFYING THE CITY
AGAINST ANY POTENTIAL LIABILITY; FURTHER REFERRING TO
THE CITY MANAGER THEIR REQUEST FOR FINANCIAL
ASSISTANCE, FOR HIS REVIEW AND DETERMINATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
gl 26
September 26, 1985
Mayor Ferre: Ok. We also have the Brickell Avenue Association have requested
that... A concert is sponsored by the Brickell Area Association a non-profit
and they want to have a concert to promote the Brickell Avenue in Brickell
Park at 501 Brickell Avenue at the foot of the Brickell draw bridge and they
will have... they are asking for our cooperation. Again, can we refer this to
the Manager with our approval to cooperate and whatever needs to be done as
long as it meets the guidelines of the...
Mr. Plummer: I make a motion that we send it to the Manager and also to the
DDA who have funds available for those kinds of purposes.
Mayor Ferre: No, no, J. L., the DDA has never spent any money at any time
that I'm aware of for any...
Mr. Plummer: So, then they just say "no", but I say send it to them, let them
have the right to refuse.
Mayor Ferre: All right, now, do you mind doing this differently. Do you mind
approving the Brickell... I want to tell you, I don't even know who these
people are. So, this is not a personal thing of mind. Ok. This is Brenda
Hairstum who I don't know who it is...
Mr. Plummer: Send it to the Manager.
Mayor Ferre: ... and it is Peter Wensel, Chairman of Events Committee and
they want a beer permit for a concert being held on Thursday, October 10th and
' the Manager, Plummer, as you well know cannot do that. We must do that. So,
I'm asking you change your motion to permit the...
Mr. Plummer: I make a motion that we refer this to the Manager for
processing. Is that what you want?
Mr. Dawkins:Second.
j
Mayor Ferre: No, I will withdraw it. Obviously, that kills the whole thing.
They are having it...
;i
Mr. Plummer: Well, what do you want to accomplish?
Mayor Ferre: Plummer to give them the same thing we did with everybody else
around here which is a right to have their beer permit for October 10th.
Mr. Plummer: Fine, I so move it.
Mr. Dawkins: Second.
}
Mayor Ferre: Ok.
Mr. Plummer: That's not us giving them permit, that's the State of Florida,
fl`
a
but we are allowing them to sell beer.
Mayor Ferre: To sell beer in the park for the purposes of promoting a non-
profit concert and the rest of it is sent to the Manager for the mounted
f
police or whatever things that they want.
Mr. Plummer: So move.
,
Y
Mayor Ferre: All right, it's been moved and seconded, further discussion,
call the roll.
N
f
gl 27 September 26, 1985
6 6"
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION No. 85-978
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE STATE OF FLORIDA DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
THE REQUEST OF THE BRICKELL AREA ASSOCIATION TO SELL BEER
FOR A ONE DAY PERIOD IN CONNECTION WITH A BIG BAND CONCERT
TO BE HELD OCTOBER 10, 1985, IN BRICKELL PARK; SUBJECT TO
THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE -DAY NON-
EXCLUSIVE CONCESSION AGREEMENT WITH THE ORGANIZATION IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
17. GRANT REQUEST BY LEAGUE OF CITIES - URGE DADE COUNTY COMMISSION TO
REQUIRE MORE STRINGENT ENFORCEMENT IN CONNECTION WITH ANIMAL CONTROL.
{
Mayor Ferre: The League of Cities has a resolution that they have asked us to
pass. Mr. Plummer, since you are always the person... It's Valerie
�a
Mr. Plummer: We have already done that. We did it at the last meeting.
Mayor Ferre: About the animals.
Mr. Plummer: Oh, no, I'm sorry.
1
Mayor Ferre: The board urges the Dade County Commission to take strong and
positive actions to require more stringent enforcement of Section 5--6 of the
Code of Metropolitan Dade County and provided for additional animal control
enforcement officers to protect the health and safety of the people of Dade
County and the Dade League of Cities is directed to forward a copy and ask
for...
Mr. Plummer: So, move.
Mayor Ferre: Plummer moves, Dawkins seconds, further discussion, call the
k`
roll.
I
gl 28 September 26, 1985
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 85-979
A MOTION OF THE CITY COMMISSION GRANTING REQUEST BY
THE LEAGUE OF CITIES TO URGE THE DADE COUNTY
COMMISSION TO ADOPT STRONG AND POSITIVE ACTION TO
REQUIRE MORE STRINGENT ENFORCEMENT OF SECTION 5-6 OF
THE CODE OF THE METROPOLITAN DADE COUNTY PROVIDING FOR
ADDITIONAL ANIMAL CONTROL ENFORCEMENT OFFICERS TO
PROTECT THE HEALTH AND SAFETY OF THE PEOPLE OF DADE
COUNTY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller. J. Dawkins
Commissioner •3. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrioj Perez, Jr.
-- -------------- - — - ------------------------------------------------
18. DESIGNATE CITY MANAGER AS THE CITY'S REPRESENTATIVE ON THE NEWLY FORMED
BEACON COUNCIL.
----------- ------------------ ------------------- ----------------- -------------
*" Mayor Ferre: The Beacon Council has asked that we appoint someone to its
board. I think Sergio Pereira as City Manager is the person that ought to
represent the City in that and I would recommend that we appoint him.
Mr. Plummer: So move.
Mr. Carollo: Second.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-980
v!
s
G� A RESOLUTION IDENTIFYING AND DESIGNATING CITY MANGER
SERGIO PEREIRA AS THE CITY OF MIAMI'S REPRESENTATIVE TO
SERVE ON THE NEWLY FORMED BEACON COUNCIL.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
t Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
gl 29 September 26, 1985
\,
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19. STATEMENT By MAYOR FERRE ANNOUNCING AVAILABILITY OF TICKETS IN CONNECTION
WITH GREATER MIAMI UNITED CORPORATE RECEPTION.
iii�.iiiiii��.riG:i.r.W��+:.+`ii3iGw►ii�i�.ic�iir.�i��r.rimy..wii.b.i.s.i�.�..r.i�:ri..rr�3�..c.'..irr�.�:caw.-ri:r..i::.�:r.�
Mayor Ferre: I have one more thing. The City Commission has bought six
tickets for the Greater Miami United Corporate Reception and Luncheon today
and if any of you or your associates wish to... I think it's important that we
support greater Miami United as much as possible. Mrs. Toni Gary has called
up and requested that the City be present if possible.
Mr. Plummer: So, move.
Mayor Ferre: Well, we have. already done it. I'm just informing you that
there is a ticket for you. It's at the Hilton Hotel by the Airport.
Mr. Dawkins: Ok. I will with the Manager and his staff. I can't make it.
Mayor Ferre: I will try to make it and I will try say that you are on City
business. Ok. Can you make it Plummer?
Mr. Carollo: I can't make it Mr. Mayor, I have some previous engagements.
20. DISCUSSION REGARDING NECESSARY REPAIR TO THE ASPHALT IN FRONT OF CITY
HALL.
Mayor Ferre: All right, Mr. Manager, the only other thing that I have and
I... and this is a quick one. I just want to go on the record and explain my
position. I noticed that we did an asphalt job here at City Hall. I hope
that's not a finished job, because it's one of the worse paving jobs I have
ever seen and I know a little bit about that business and I want to tell you
as a person knowledgeable in the way roads are built that there is no
scraping, there is no crowning and that is one of the worst construction jobs
of a road resurfacing that I have ever seen. I'm afraid and I don't know
what's going on, because the City used to have a very efficient Public Works
road building operation. Something doesn't function. You know, Marty Fine
came here the other day and said that we ought to do all this on the outside.
If that's the kind of work we are doing, not only will we save substantial
money, but we will get a substantially better job done and I just... that's
just a comment that I'm making to you on the record and Mr. Cather, I don't
mean to hurt your feelings. I know you are a very first class public servant,
but I want to tell you that... I watch the construction... I have watched
those crews work out there. They didn't scrape. Now, there is no crowning.
When it rains it's just absolutely full of pieces that are missed. That is a
bad job. I don't know whether it's... I hope it's not finished, but it
doesn't look...
Mr. Carollo: Not only that Mr. Mayor, but frankly, when the job was done it
was done during the week. It was only a two day job and it was done in the
worse times possible where people coming in and out like myself, that were
getting asphalt all over their vehicles, when that could have been done easily
on Saturday and Sunday when there is no way here and the street could have
been closed down.
Mr. Cather: I have personally observed your... similar problems and I intend
to get those corrected Mr. Mayor. And Commissioner Carollo, the reason we
don't I didn't feel that it was necessary that we pay overtime to work on
Saturday and Sunday because the Commission... we tried to do it during the
month of August when you were all on vacation and then we got pulled off to do
some work on I-95 and as soon as we got through with that we got back on that
paving.
gl 30 September 26, 1985
Mayor Ferre: Don, they are not using the scraper. I have watched it several
times. Now, you know, forever in a day in asphalt jobs you must scrap.
Otherwise, you are wasting a lot of taxpayers Monies because that job won't
hold up and what they are doing they are short cutting and they are saving a
little money short run and it's costing ten times more in the long run and I
don't know what your procedures are, but you know, get Gene Marks or somebody
to come in here and tell you how to dry it, because somebody...you may have
thirty year old people there, but they are not building those roads the way
they used to build them five, six years ago. Something has happened. I don't
know what it is. They have changed procedures and your people know what they
are doing. They are not crowning and they are not scraping and you are going
to end up with bad roads. And if that's what we are doing, my advice to you
is, hey, let the private sector build those roads please and save the
taxpayers millions of dollars. Ok. I don't have any other pocket items.
Commissioners.
21. INSTRUCT CITY MANAGER TO PURCHASE A TABLE AT THE THE"000RE R. GIBSON
MEMORIAL FUND GINNER TO RE HELD SEPTEMBER 29, 1985.
Mr. Plumner: Mr. Mayor, I would like to make a motion at this time in honor
of our great colleague that City of Miami purchase a table at the Theodore
Gibson Dinner this coming Sunday night. I think it's appropriate that we
should do such.
Mr. Carollo: So move.
Mayor Ferre: Further discussion, call the roll.
gl 31 September 26, 1985
iL
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
a MOTION NO. 85-981
a
A MOTION OF THE CITY COMMISSION AUTHORIZING THE AND
INSTRUCTING THE CITY MANGER TO PURCHASE A TABLE AT THE
TH80DORE R. GIBSON MEMORIAL FUND DTNNER TO BE HELD ON
SUNDAY, SEPTEMBER 29, 1985.1
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
22. APPOINT COMMISSIONER J. L. PLUMMER AS CITY REPRESENTATIVE TO PRESENT THIS
CITY'S BIDDING IN CONNECTION WITH THE "1986 UNLIMITED REGATTA" EVENT -
ALLOCATE NECESSARY MONIES IN CONNECTION WITH TRIP TO LAS VEGAS.
Mr. Plummer: Mr. Mayor, I would authorization from this Commission if you so
see fit to send me as the official representative of the City to make our bid
procedure for the unlimited race for the 1986 season.
Mr. Carollo: Move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: That's in Seattle?
Mr. Plummer: No, that's the National League of Cities.
Mayor Ferre: Further discussion, call the roll.
Mr. Carollo: Where is that a going to be held at?
Mr. Plummer: The unlimited.
Mr. Carollo: No, no, the place you are going to negotiate for us.
Mr. Plummer: Las Vegas is where they are meeting.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 85-982
A MOTION OF THE CITY COMMISSION NAMING COMMISSIONER J.
L. PLUMMER AS THE OFFICIAL CITY OF MIAMI
REPRESENTATIVE TO TRAVEL TO LAS VEGAS AND PRESENT THIS
CITY'S BIDDING IN ITS EFFORTS TO BRING TO MIAMI THE
111986 UNLIMITED REGATTA" EVENT; FURTHER DIRECTING THE
CITY MANAGER TO MAKE THE NECESSARY ALLOCATION TO COVER
ALL EXPENSES TO BE INCURRED.
gl 32 September 26, 1985
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner .3. L. Plummer, Jr.
Vice=Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
23. ALLOCATE NECESSARY FUNDS FOR EXPENSES TO BE INCURRED BY TWO CITY
COMMISSIONERS WHO SHALL ATTEND THE "NATIONAL LEAGUE OF CITIES CONVENTION"
TO TAKE PLACE IN SEATTLE THE FIRST WEEK IN DECEMBER.
Mr. Plummer: Mr Mayor, I will bring to your attention that the National
League of Cities meeting is in December, the first week in December and as
always traditionally, one member of this Commission I think should go.
Mr. Carollo: That's correct, you have always gone there.
Mr. Plummer: And I think last year even two members went. I would want that
a motion be passed at this time authorizing the expense of at least two
Commissioners or not to exceed two Commissioners to attend that convention in
Seattle, and then the Commission can see who wants to go.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 85-983
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE THE NECESSARY FUNDS TO COVER FOR EXPENSES TO
BE INCURRED BY AT LEAST TWO CITY COMMISSIONERS WHO
SHALL ATTEND THE NATIONAL LEAGUE OF CITIES CONVENTION
TO BE HELD IN SEATTLE THE FIRST WEEK IN DECEMBER.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
gl 33 September 26, 1985
r
24. ALLOCATE $10,000 TO ALLOW ONE CITY COMMISSIONER TO GO TO ROME IN
CONNECTION WITH THIS CITY'S BIDDING, BEFORE THE BOARD OF DIRECTORS OF ASTA
(NOVEMBER I1, 1985). IN AN ATTEMPT TO BRING TO MIAMI THE NEXT ASTA
CONVENTION.
Mr. Carollo: Now, Mr. Mayor, talking about going to places and representing
the City, as you know, you have all voted for me to represent the City...
Mr. Plummer: In Rome with Miss Universe and where do I go little old Vegas.
Mayor Ferre: Go ahead.
Mr. Carollo: While you all voted for that the ASTA people are going to be
incurring most of the expenses for my stay there. The question that we have
to resolve is, ---and I would like to get Cesar Odio up here ---is that this is
probably going to be the most important convention that the we can get at any
given time. These are all the travel agents around the world and I think we
stand an excellent chance of getting a convention from them again.
Mayor Ferre: The ASTA convention?
Mr. Carollo: The ASTA convention is correct. So, we need to get some monies
appropriated to have a hospitality suite there. Cesar, maybe you can give the
Commission a quick brief on it.
Mayor Ferre: Are you ready to make a recommendation?
Mr. Odin: Unfortunately, I was going to do it yesterday. I had to leave
town. We have to have a cocktail party for the Board of Directors and make an
official presentation to them then, on an invitation.
Mayor Ferre: Is that in November or December?
Mr. Odio: November llth, we have to be there.
Mr. Carollo: In the middle of the elections.
Mr. Odio: And as of right now, I don't know the exact amount, but it won't
exceed $5,000, I will say that.
Mayor Ferre: Up to $5,000. Is there a motion?
Mr. Plummer: So moved.
Mayor Ferre: Is there a second?
Mr. Plummer: Well, Cesar, now look - let's understand. I have no problem
with going higher than that, because the one thing I don't want to be, is
embarrassed.
Mr. Odio: Well, I would appreciate it then if I could come back with a figure
to Commissioner Carollo of the exact amount.
Mr. Carollo: Why don't we do that because this convention is too important to
this community.
Mayor Ferre: Why don't we approve up to $52000. If we need more than that,
then you come back with a recommendation. All right, is there a second?
Mr. Plummer: I would rather do it the other way around. I'd rather make it
$10,000 ... not to exceed $10,000, and you can spend less.
Mr. Carollo: Let's make it that, J. L.
Mayor Ferre: There is a motion by J. L. Plummer, seconded by Carollo.
Further discussion?
A 34 September 26, 1985
1
Mr. plumoi n
Mayor rette:
The following motion wet Introduced by Cothtliggibner Plu+ftmer, who mov6d
Its adoption:
I ain't gdit g.
Call the rbli.
MOTION NO. 85-984
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $10,000 TO ALLOW FOR ONE
COMMISSIONER TO GO TO ROME AND MAKE THE CITY'S
PRESENTATION TO THE BOARD OF DIRECTORS OF THE AMERICAN
SOCIETY OF TRAVEL AGENTS (ASTA), ON NOVEMBER 11, 1985, IN
AN ATTEMPT TO BRING THE NEXT ASTA CONVENTION TO MIAMI.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller .1. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
25. APPROVE THREE-YEAR STRATEGIC PLAN FOR INTERNATIONAL TRADE PROMOTION.
Mayor Ferre: All right, take up Item Number 14, which is the the three year
strategic plan for international trade promotions. Mr. Travelsted, our
apologies for the one hour twenty minute delay, but obviously we got delayed
in other ...
Mr. Plummer: You know, I've got some big problems here. They know what they
are.
Mayor Ferre: Go right ahead.
Mr. Plummer: Mr. Mayor, I met with these people last evening, and I want to
tell you, I've got some real problems that I think need to be ironed out. It
was my understanding, Mr. Mayor, and I think most of the members of this
Commission, that when we established this committee and we established these
funds, that in effect, what it was, was going to be our own little bailiwick,
that we, the City of Miami were going to do this and we were going to control
it, and I find out last evening, Mr. Mayor, that this is not now the case,
that we are just going to be a part of a large organization, who is now
proposing that a building be involved and that the City of Miami will be a
tenant, and of course they are expecting the City of Miami to provide all of
the backup and the research. Now, I've got a problem with that. I don't know
about my colleagues, but it was my understanding that this would be a stand
alone for the City of Miami and we would do our thing.
Mayor Ferre: That being the case, Mr. Manager, my advice is, and to you sir,
that you had better talk to the members of the Commission. I've been telling
you all along you need to have a consensus formed here. If you don't have a
consensus ... I don't know what the other members of the Commission are going
to say, but my guess is that everybody is going to be more or less in the same
place.
Mr. Plummer: Well, Mr. Mayor, let me tell you where I am, okay? ... because I
have gone into this extensively.
Id
35
September 26, 1985
60.
I4
i
Mayor Ferre; I am sorry that it was only last night that you got to this
matter, because obviously this is something that is very important and it has
been pending for a long while. If you have some serious problems that you
have obviously expressed, I would recommend that we continue this matter.
Mr. Plummer: Mr, Mayor, I am willing to vote today, to vote on everything but
the $88,000, which is proposed to go into the conglomerate, okay?
Mayor Ferre: Fine, that is not bad. That is progress.
Mr. Plummer: That would in fact allow them to start these programs to get
them on their way, but as far as the $88,000 to be paid to a conglomerate as
rent, I've got a problem with, and I would, if it is in order, I would move
that with two exceptions, Mr. Mayor - one, that their special events budget be
increased to $206,000 from $176,000, and that the $88,000 be held in abeyance
until such time as the Commission will make further decisions.
Mayor Ferre: Okay, there is a motion. Is there a second?
Mr. Dawkins: Seconded with an amendment ...
Mayor Ferre: Go ahead, make your. amendment.
Mr. Dawkins: The amendment is that we ... I move it just like J. L., that
they scratch "J" out.
Mayor Ferre: What is "J"?
Mr. Dawkins: "J" is a minority participation. I am still not satisfied with
3 it, and that we approve it and that nothing be spent until we can come up with
a plan that is going to be productive and not ...
j Mayor Ferre: Is is accepted by the maker of the motion. Further discussion?
Mr. Plummer: That line item - the two line items then would be held in
abeyance.
j Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-985
A RESOLUTION APPROVING THE CITY OF MIAMI'S THREE YEAR
STRATEGIC PLAN FOR INTERNATIONAL TRADE PROMOTION AND
AUTHORIZING THE CITY MANAGER TO IDENTIFY FUNDS IN THE
AMOUNT OF $536,000 TO BE APPROPRIATED IN THE FY 85-86
BUDGET TO IMPLEMENT DESIGNATED PLAN ACTIVITIES; FURTHER
STIPULATING THAT FUNDS ALLOCATED FOR THE PROPOSED
.
INTERNATIONAL BUSINESS CENTER AND INTERNATIONAL TRADE
ASSISTANCE PROGRAM FOR MINORITY BUSINESSES SHALL NOT BE
EXPENDED WITHOUT PRIOR REVIEW AND APPROVAL BY THE CITY
COMMISSION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
i
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote-
3E ',
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
.. ;..;'
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
ld 36 September 26, 1985
t
j 26. AUTHORIZE EXECUTION OF AGREEMENTS AND SUPPORTING ALLOCATION OF FUNDS WITH
LOCAL TRADE PROMOTION ORGANIZATIONS TO SUPPORT CURRENTLY FUNDED
INTERNATIONAL EVENTS AND TO ENCOURAGE NEW EVENTS.
Mayor Ferre: All right, anything else?
Mr. Plummer: Yes, Item 15 is a companion.
f Mayor Ferre: All right, Agenda Item 15.
Mr. Plummer: With one exception, that that he increased to $206,000.
Mayor Ferre: All right, is there a motion?
Mr. Plummer: So moved.
Mayor Ferre: Is there a second? Second by Dawkins. Further discussion on
Item 15?
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-986
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
9
INDIVIDUAL CONTRACT AGREEMENTS IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH LOCAL TRADE PROMOTION ORGANIZATIONS
FOR THE PURPOSE OF SUPPORTING EXISTING AND CURRENTLY
FUNDED INTERNATIONAL EVENTS AND ENCOURAGING NEW EVENTS TO
TAKE PLACE IN THE CITY OF MIAMI; FURTHER SUPPORTING THE
INCORPORATING OF AN ALLOCATION IN THE AMOUNT OF $2069000
INTO THE CITY'S 1985-86 BUDGET TO BE UTILIZED FOR SAID
PURPOSE; SAID ALLOCATIONS TO BE CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE
POLICY NO. APM 1-84, DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
r
:j
Upon being seconded b Commissioner Dawkins the resolution was
p 9 Y , passed
and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
}
Vice -Mayor Joe Carollo
Y
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Mr. Dawkins: Mr. Mayor, I would like to know, when is this supposed to go
into effect?
Mr. Plummer: Well, it is in effect.
Mr. Coleman Travelsted: This would be in the budget for 1986. It goes into
effect next week.
Mr. Dawkins: October lst?
Mr. Travelsted: Yes.
ld 37 September 26, 1985
Mr. Dawkins: So, you will be hiring people and renting space and everything
from October 1, is that right?
Mr. Travelsted: No, sir, because the item for the Miami International
Business Center was removed as a line item on the motion of Commissioner
Plummer, therefore, that would be the only part that would have any rendering,
hiring. The other is support for various trade activities.
Mr. Plummer: The rest is in house.
Mr. Dawkins: So, what would you be doing with the money we are giving you?
Mr. Travelsted: This would go under the guidance of the Department of
Economic Development, International Trade, and it would 5e ...
Mr. Dawkins: Okay, thank you, sir. That is good.
27. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION OF PROPOSED
RESOLUTION ALLOCATING FUNDS IN SUPPORT OF THE FLORIDA EXPORTERS AND
IMPORTERS ASSOCIATION PROGRAM (See label No. 36).
We are now on Item 16.
Mr. Plummer: I want to defer Item 16. I've got to know more about that
outfit.
Mr. Dawkins: Second.
Mayor Ferre: All right, there is a motion that Item 16 be continued. Ms.
Gallogly, do you want to say anything into the record?
Ms. Charlotte Gallogly: Yes, well, we do have with us today the newly elected
' president of the Florida Exporters - Tom Travis, he is an attorney with ....
Mr. Dawkins: Before you bring him up, Ms. Gallogly, we just gave you $506,000
for this. Now, why is it necessary to give $35,000 down here?
Mr. Pereira: If I may, on May loth the Commission ...
Mr. Plummer: I am going to defer it, whatever you do.
s�
Mayor Ferre: No, I understand, but I mean, these people have been waiting for
two and one half hours. They have got a right to get up and make their
statement into the record.
Mr. Pereira: If I may say on May 10, 1984, the Commission approved the
$35,000 for this group, and the funds were not used, pending some resolution
-'
of audit in some programs; that now has been resolved and is coming back here.
Mayor Ferre: Well, let them speak to the issue, I mean ...
Mr. Plummer: Well, I would like to speak to them, Mr. Mayor, in the privacy
of my office, first.
Mayor Ferre: All right. Mr. Travis, why don't you step up and make your
statement into the record as to who and what you are and what you are doing
any why this is important, and the rest of it you will have to do with Mr.
Plummer personally.
N
Mr. Tom Travis: We would be pleased to address his concerns subsequent to the
meeting, and by the way, Florida Exporters and Importers Association,
..
headquartered here in Miami represents over 100 import - export companies and
the thrust of what we try to do is provide educational seminars to the
%fir}
.k
perspective importers and exporters as well as people who are more advanced in
that particular field. We have also promoted the City of Miami as
ld 38 September 26, 1985
i'.
international trading place throughout the world in different events. We have
provided trade leads to the City of Miami to prospective entrepreneurs in the
City over the past year. We publish a newsletter, which contains information
which is useful to importers and exporters on how to utilize the services in
both the public, and private sector to make money to engage in entrepreneural
activities. That is the gist of it and that is the bulk of it. Mr. Mayor?
Mayor Ferre: Yes, go ahead.
Mr. Travis: If I might add, it was previously approved and we asked that the
money not be drawn down, not given to us by the City until we straightened out
certain administrative problems that we had. We have done that with the fine
cooperation of Charlotte Gallogly and her staff.
Mayor Ferre: Mr. Travis, I am sorry this has taken up your morning, but I
know important it is to both you and this community and the City. I would
recommend if you could spend some more time, maybe you can speak with
Commissioner Plummer later on this morning. We will be 'creaking up in about
35 40 minutes and you can spend some time with him and then maybe this
afternoon, we might be able to clarify. Otherwise, we will have to just
continue it.
Mr. Travis: That is fine by my calendar if it is by his.
Mayor Ferre: Okay, we will just come back to Item 16 later on in the day.
Mr. Dawkins: Mr. Mayor, I would like for the Administration to tell me what
is $200,000 in Item 15 for?
Mr. Plummer: You have a list.
Mr. Pereira: You have a list of the ...
Mr. Dawkins: Do not leave sir. Isn't this the same thing?
Ms. Gallogly: No, it is not.
Mr. Dawkins: Why?
Ms. Gallogly Item 15 is for international trade promotions events that
further the interests in the business community within the City of Miami.
Item 16 is actually an administrative budget for the Florida exporters and
importers to manager an export and import referral program for the City, so
that 15 is not for a year around trade promotion program. There are special
events that are held at various times throughout the year. Item 16 is for
year -around staff budgets for the Florida exporters and importers.
Mr. Dawkins: When we started this, and I asked you what you were going to do
to get minorities involved, and to insure that minorities participated in
this, and to show me how you were going to do it, you have yet to show me!
But, here is an organization that I am pretty sure that they are dealing with
minorities, out in the Carribean somewhere, and to me, if we are talking about
international trade, you have got the import and export, so I mean, I don't
see the difference.
Ms. Gallogly: Well, in the first item, 14 that you passed, there is a funding
support for minority trade assistance programs. It is direct assistance to
the eleven identified businesses that came out of the workshop on this past
Saturday and it is specifically directed at those eleven individuals. This is
a program to foster important and export activity in the City, and yes,
minorities do benefit from this program.
Mr. Dawkins: Thank you. The only thing I am saying is, these are the type of
individuals that I expect this organization to be working with. That is all
I've got to say.
Mr. Plummer: Defer it and bring it back on the loth.
Ms. Gallogly: Yes, in fact, they do have a specific objective, Commissioner
Dawkins, to pilot test a program to place minority individuals with exporters,
importers, freight forwarders, custom brokers to enhance that.
ld 39 September 26, 1985
i
i
i
AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED.
i_
28. ALLOCATE $30,000 IN SUPPORT OF THE "VI INTER4MERICAN SUGAR CANE SEMINAR" {_
ON IRRIGATION AND DRAINAGE TO BE HELD SEPTEMBER 25y-27, 1985.
i
1
Mayor Ferre: We have the Inter -American Sugar Cane thing. Now, the way we
left it last time, Mr. Manager - the resolution that we passed last time, it
was .in the form of a motion. What we need to do is pass it in the form of a
resolution. Do you have it, Lucia?
Mrs. Dougherty: We do have the resolution formalizing.
Mayor Ferre: What does the resolution say?
Mr. Plummer: I move it.
Mr. Dawkins: Second.
Mayor Ferre: Plummer moves. Dawkins seconds. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-987
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$309000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, IN SUPPORT OF THE "VI INTER-AMERICAN SUGARCANE
SEMINAR ON IRRIGATION AND DRAINAGE" TO BE HELD IN
MIAMI SEPTEMBER 25-27, 1985; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY WITH THE INTER-
AMERICAN TRANSPORT EQUIPMENT COMPANY; WITH SAID
ALLOCATION BEING IN SUBSTANTIAL COMPLIANCE WITH CITY
OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED
JANUARY 249 1984.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
ld 40
September 26, 1985
1.
t
ii"i�.6i v6iiii."- 46aw.6 as—�ii GL3i+Wi�Waa--a—.W
29. AUTHORIZ_E NECESSARY CLOSURE OF STREETS IN CONNECTION WITH THE "GREAT
COCONUT GROVE BICYCLE RACE" TO TAKE PLACE OCT013ER 10, 11 AND 13, 19859
SUBJECT TO ISSUANCE OF NECESSARY PERMITS.
Mr. Plummer: Mr. Mayor, there is the pocket item that nobody brought up the
granting of the permits for the great American Coconut Grove Bicycle Race.
i
Mayor Ferree Plummer moves.
Mr. Plummer: They are not asking for money. They are just asking to be
allowed to do it and we referred them to the Manager and to the Police
Department.
Mayor Ferre: Dawkins seconds. Further discussion?
Mr. Joe Avalos: Real quick, the thing has been ...
Mayor Ferre: You are about to get it. Do you want three votes?
Mr. Avalos: I know, but they didn't put it all in there! I want everything I
had last year, and I am having a concert and a small mini -art show in the
park on the Sunday.
Mr. Plummer: You are not asking for any money?
Mr. Avalos: I am not asking for money.
to sell food in the park.
Mayor Ferre: Do you want to sell beer?
I want the park and I want to be able
Mr. Avalos: I might be able to do that, but I am not sure that I will be able
to. If I can get permission to do it, then whether I do it or not later ...
Mayor Ferre: The City Commission gives you the same opportunity that it gave
the grickell Association, everybody else, to do all those things - okay?
Mr. Plummer: But, we must have from you, Joe, the insurance policies to
indemnify the City.
Mr. Avalos: Absolutely - no problem.
Mayor Ferre: All right, so it is inclusive. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-988
A RESOLUTION CONCERNING THE GREAT COCONUT GROVE
BICYCLE RACE WHICH IS TO TAKE PLACE OCTOBER 10, 11 AND
13, 1985, CLOSING CERTAIN STREETS TO THROUGH VEHICULAR
TRAFFIC DURING SPECIFIED DATES AND HOURS, SAID STREET
CLOSING SUBJECT TO ISSUANCE OF PERMITS BY THE
DEPARTMENT OF POLICE AND THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES AND ASSURANCES THAT THE
CITY WILL BE INSURED AGAINST ANY POTENTIAL LIABILITY.
(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 -
Id
41
September 26, 1985
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
30. APPROVE IN PRINCIPLE PROPOSED WINTER GAMES IN MIAMI - DIRECT CITY MANAGER
TO INITIATE NEGOTIATIONS WITH "RUNNER INTERNATIONAL, INC." TO DEVELOP
PLAN AND ESTIMATE COST TO THE CITY - APPOINT COMMISSIONER J. L. PLOMMER
AS A COMMITEE OF ONE TO SERVE AS CITY LIAISON DURING NEGOTIATIONS.
-----------------------------------------------------------------------
Mayor Ferre: We now have Item 38, which Mr. Honikman said he couldn't be here
this afternoon, and as I understand it is the only item that we have that will
be taken out of place. Go ahead, Mr. Honikman.
Mr. Basil Honikman: My name is Basil Honikman, and I represent Runners
International. We have before a request for support, and I would add in this
request we have discussed with several of the Commissioners, this is not a
request for a cash grant; this is a request for in view of the freeze that
you put on events. This is a request to assist us with some money which will
be repaid to the City out of proceeds from its sales of things in the course
of this event. I would like to take five minutes to show you, better than I
could ever describe, what we are proposing for the City.
(AT THIS POINT, FILM ON PAN-AMERICAN AND OLYMPIC WINTER GAMES IS SHOWN TO THE
CITY COMMISSION)
Mayor Ferre: Well, thank you very much. Mr.Honirman let me start off by tell
you, as you know, this Commission very strongly supported Miss Universe, which
has been a tremendous success. We very strongly supported the Grand Prix,
f"
which has been a great success. We have supported you in the Orange Bowl
Marathon. This is an extension, and it grows out of that. It also fits in
with Gran Prix. It also fits in with the Orange Bowl festivities. It is a
kind of a thing that once it is done, hopefully, and once we get baseball in
Miami and again, we are going to get baseball one of these days. We will have
{ y
baseball in the summer. We will have football in the fall, and starting after
Superbowl, for a period of a couple of months in there, January, February and
�
March, Miami can become the sports and activity capital, I think, of the
United States and for us and eventually, maybe in the
� , y, y year 2000 - my
grandchildren will be involved by then, but we need to start building now - we
will have an Olympic game in Miami someday, but between now and the Olympic
game, we need to get our winter games going and try to build up to the Pan-
American games, and that is something that I think we can do over the next 10
years. So our goal, if we approve this, and I think I would like to ask my
colleague J. L. Plummer, who has been the activities Czar in the City of Miami
with the boat races and Grand Prix and all of that, to kind of be the person
to guide us through all of this. For me, you have got my full support,
because I think this is a meaningful thing, and I would like, however, before
we get finalized on this, I want a game plan from you and your committee, as
to how we are going to get the Caribbean games here first. That is our first
target - Caribbean games, I don't see why we can't do that in the next five
years. Then, I want you to tell me how we are going to get the Pan American
games into ... which is the next step up, in the next 10 years, and the number
three, I want to plan right now, as to how we head for the Olympic games in
Miami by the year 2000. That is not that far away' The year 2000 is barely
4,
15 years away from now. That is nothing. If Miami wants to be an Olympic
s
city, we have got to start planning for it right now, 15 years away!
-
Mr. Honikman: You have summarized exactly my presentation.
Mayor Ferre: I thought I would save you and the Commission a little time.
1d 42 September 26, 1985
a
i
Mr. Honikman: You certainly have. The plans for a world ...
Mayor Ferre: What is that we need to do = Lucia, and Mr. Manager, what is we
need to do now to formalize this decision, if it is the will of this
Commission? We approve in principle of the idea and what I would like to do
is make a motion approving in principle the idea of holding winter games,
instructing the Administration to sit down and seriously negotiate, and come
back with a specific game plan and a price tag for final consideration by the
City of Miami Commission. Yes, sir?
Mr. Plumer: DSo move.
Mr. Honikman: Excuse me, if I may. We plan to do this for the first time in
January or February as you mentioned. In order to do anything at all for this
next year, we desperately need to be able to work out something with the City
Manager, whereby we are helped with up front expenses in a way that we can
refund them out of concessions and out of a percentage of profits. We have a
Mr. Cesar Odio: Excuse me. Mr. Mayor, we will work out an agreement that in
order for the City to get its money bark, that the City will control 100% of
the concessions in that area. They met with Commissioner Plummer and also it
came out that they would have to have a 5 year contract with the City of
Miami.
Mr. Pereira: Before we make any dollar commitment, we have to approve it.
Mr. Plummer: Well, the dollar commitment at this point that they showed me,
was $300,000, hopefully, which we can recoup.
Mayor Ferre: Well, see, we approving this in principle today, instructing you
to finalize this.
Mr. Plummer: Yes, and then Cesar and I can sit down with them, if it is
agreeable, and ...
Mayor Ferre: And I would like to appoint Commissioner Plummer as a committee
of one representing the Commission to work this thing out with the
Administration and come back to the Commission. Now, anybody else ...
Mr. Plummer: That would be on October 10th.
Mayor Ferre: Whenever you are ready.
Mr. Plummer: I will have it ready by then.
Mayor Ferre: Are we ready to vote on this matter now? All right, Plummer
moves. Dawkins seconds. Further discussion? I would just like to on the
record say that this is the next step forward, and to my opponents that keep
hitting me on the head for Watson Island and all of this - yes, we have spent
$1,000,000 on Watson Island and hopefully we will get something good there
eventually, and yes, we have spent millions of dollars on Miss Universe and
yes, we spent a lot of money on Grand Prix, but this is what it takes to build
a community and to build a great American city, and that is what we are doing
right now! Let's vote.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-989
A MOTION APPROVING IN PRINCIPLE THE IDEA OF HOLDING
WINTER GAMES IN MIAMI; FURTHER DIRECTING THE CITY
MANAGER TO SERIOUSLY NEGOTIATE WITH RUNNER
INTERNATIONAL, INC. TO DEVELOP A SPECIFIC GAME PLAN
AND ESTIMATE THE PROBABLE COST TO THE CITY; AND
FURTHER APPOINTING COMMISSIONER J. L. PLUMMER AS A
COMMITTEE OF ONE TO SERVE AS THE COMMISSION'S LIAISON
DURING THESE NEGOTIATIONS.
ld 43 September 26, 1985
Upon being seconded by Commissionet Dawkins, the motion was passed AM
adopted by the following vote -
On., Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jt.
Mayor Maurice A. Ferre
Noes, None.
ABSENT: Commissioner Demetrio J. Peru, Jr.
Vice -Mayor Joe Carollo
Mr. Plummer: Cesar, set it up for next week sometime.
------------------------------------------------din--a ------------
31. APPROVE REQUEST BY UNIBANK. N.A. - PERMIT A PROPOSED DRIVE-IN FACILITY AT
APPROXIMATELY 5215 S.W. 8TH STREET.
Mayor Ferre: Item Number 10 is Unibank. Is there any problem with Unibank?
It was approved by the Planning Department's recommendation.
Mr. Plummer: So moved.
Mayor Ferre: The Zoning Board granted it unanimously. Is there any problems
with Item 10? This is Unibank.
Mr. Plummer: So moved.
Mayor Ferre: Victor M. Pedrosa, Chairman. All right, there is a motion on
10.
' Mr. Plummer: This is not approval of the bank, for the record. It is for the
i
drive-in facilities.
Mayor Ferre: There is a second by who for the Unibank - Victor M. Pedrosa.
Mr. Pedrosa is here.
Mr. Carollo: Yes, I make the motion, certainly.
Mayor Ferre: It has been moved and seconded - approved by the Planning
Department. Zoning approved it unanimously, 7 - 0. Moved and seconded. All
right, call the roll on Item 10.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-990
A RESOLUTION APPROVING, THE INSTALLATION OF DRIVE-IN
FACILITIES AT THE UNIBANK, N.A. LOCATED AT 5215 SOUTHWEST
8TH STREET, MIAMI, FLORIDA AS PER SITE PLAN ON FILE; ZONED
CR 2/7 COMMERCIAL RESIDENTIAL (COMMUNITY).
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote-
ld 44 September 26, 1985
t
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None,
ABSENT: Commissioner Demetrio Perez, Jr.
32. CONTINUE CONSIDERATION OF PROPOSED RESOLUTION ACCEPING PROPOSAL OF HOPE
PRE-SCHOOL FOR LEASE OF FORMER FIRE STATION NO. 9 FOR FURTHER INFORMATION
AND THOROUGH BACKGROUND CHECK OF ALL APPLICANTS INVOLVED.
Mayor Ferre: Take up Agenda Item 24, which we have a gentlemen here on. The
Chair recognizes you. This is a resolution accepting the proposal of the Hope
Pre -School for lease of the former fire station number 9. Is there anybody
here who wishes to speak on this issue?
Mr. Plummer: I need to know about the Hope Pre -School. Is this the Hope
School that I know over in the southwest?
Mayor Ferre: You need to come before the microphone to explain who you are,
and what the issue is.
Mr. Patrick Beauregard: My name is Patrick Beauregard. t am representing
Hope Pre -School, and for a number of years we have been operating the school
in the North Miami area, and we are a non-profit incorporated organization.
Mr. Plummer: Do we have a copy of your budget?
Mr. Beauregard: Yes, sir.
Mayor Ferre: Does the Administration recommend this, Mr. Manager?
Mr. Pereira: Yes, sir, they bid on it. They were the only ...
Mr. Dawkins: We put the fire station for bid and they were the only ones who
responded.
Mr. Pereira: We put out an RFP and they responded.
Mr. Plummer: What I need to know about about the hope these individuals in
particular, you know, this is a very sensitive subject at this time,
unfortunately.
Mayor Ferre: Not only is it sensitive, but we have some . this is a real
hot issue. Carollo and Perez and you and I have been ... what is the name of
that Jesuit priest that has called us 10,000 times and they wanted to put some
kind of a thing there, and then there was Herb ...
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: I just want to make sure that we don't end up, all of us, with
people angry at us, because we didn't go through the proper processes. On
the record, this has been properly advertised. We have gone through the
process and we are all set.
Mr. Plummer: Well, but I mean, what have you done, you the Administration, as
to a background check - you know, certification, and all of that, because you
know, when I first looked at this, Fire Station 9 is in a deplorable state,
and I don't want this City to come back and have that something happened to a
child up there and it because the City turned over to them a very bad facility
that the City winds up being the bad guy. Now, have you ... what monies are
going to be spent on behalf of these people to fixing that place up to make
it presentable, because ...
ld 45 September 26, 1985
0-
le-
Mr. Armada: You mean City money? None at all.
Mr. Plummer: What about their money? What is their program. Feauregard: We
are responsible to fix the building.
Mr. Plummer: No, no, please. Let me get my answers from the people I pay.
How much money are they putting in to it?
Mayor Ferre: J. L., excuse me. First of all, for the record, identify
yourself.
Mr. Al Armada: My name is Al Armada. I am the City of Miami Property and
Lease Manager,
Mr. Plummer: Have they given you a proposal of what monies they are going to
put into the place?
Mr. Armada: They of course have given a proposal, the only proposal in this
particular competition; however, they did not specify the amount of money that
they were going to spend in the rehabilitation of the property. It is going
to be substantial. Obviously, the building, as you said, was in very poor
state at this point. In my conversations with the people that represent Hope
School, they said about $15,000 to begin with, they were going to put from
their own monies to rehabilitate the property and make it something that they
can really use.
Mr. Plummer: What have you been able to do? I understand that day care
cannot get insurance. There was an article in the Herald that said on Monday
that the day care people can't get insurance. What have you done? Have you
made a maximum, or have you mandated insurance?
Mr. Armada:Yes, of course, absolutely. The same type of insurance coverage
that we ask for any tenant that we have at the present time, which is
extremely high - it is about $1,000,000.
Mr. Plummer: And you have established that this group ... it is not the Hope
School, now I don't think. The Hope School is on S. W. 4th Street.
Mr. Armada: The Hope Pre-school
Mr. Plummer: Excuse me? But, it is a different organization. You have no
ties to the other one.
Mr. Beauregard: It is totally different from ........
Mr. Plummer: All right.
Mayor Ferre: No, this is not the Hope School that is a state ...
Mr. Plummer: No, no. This is entirely separate. That is where it is
misleading.
Mr. Perez: Who is the applicant here? Hope School?
Mr. Plummer: No!
Mr. Perez: How do they mention ...
Mr. Plummer: They call themselves Pre -Hope School.
Mr. Beauregard: Hope Pre -School.
Mr. Plummer: All right, I am sorry, but you understand that to this
Commission and to the general public, we have known about Hope School that
exists on 4th Street for years. I went to school across the street. Some
said I should have been over on the other side! All right? But, what I am
saying is, it is a misconception here that this is tied to the other. Now,
what have you done as far as investigation to find out that this is non-
profit?
ld 46 September 26, 1985
C
LJ
Mr. Armada: they provided in their proposal package sufficient information to
detect that they were nonprofit. We asked them to supply that information in
the package6 It was reviewed for that particular item as well as others.
Mr. Plummer: How many students do you propose to have there?
Mr. 9eauregard: We are waiting for procedures to take place.
Mr. Plummer: You are waiting for procedures to take place? What are you
applying of course, for certification or license. How many children are you
asking to be allowed to take care of there?
Mr. Beauregard: We cannot give you the answer, because we don't have the key
for the property yet, and once we have the key and the authority to move into
the property, then we can call H.R.S. to give us, you know, fine lines.
Mr. Plummer: If you are non-profit, are you associated with some kind of an
agency?
Mr. Beauregard: Yes. Right now we are serving 161 children in our present
organization.
Mr. Plummer: All right, is that a non-profit?
Mr. Beauregard: It is.
Mr. Plummer: And how do you make your living?
Mr. Beauregard: Well, we have got a fee for services.
Mr. Plummer: From who?
Mr. Beauregard: From the parents - the private parents and Title 20, and
Headstart.
5
Mr. Plummer: Go ahead, I am listening.
{
s
Mr. Beauregard: That is all. U.S.D.A. also - U.S.D.A. Food Programs.
i
Mr. Plummer: So in other words, what you are saying is, your salary is taken
out of it?
Mr. Beauregard: Right.
Ms. Yurose Beauregard: We are also dealing with low income children and
because of that, the children are qualified for Title 20 and Title 5, and we
are serving the great majority of low income. Most of our children come from
Little Haiti and from the North Miami community and we are funded by Child
Development and we supported by the Headstart.
Mr. Perez: Mr. Armada, how much ... what kind of benefits does the City plan
to receive?
Mr. Plummer: $400 a year.
Mr. Perez: $400 a year? What kind of experience, background, track record,
as this group established in this area?
i Mr. Armada: Well, the proposal that they submitted to us, we were able to
establish that they had been in operation for, I think, 4 or 5 years. The
young lady started her school from scratch, practically, you know, something
like four kids something like that and they told me that they now have
somewhere between 200 kids working in the school that they have in North
Miami, with a very long waiting list.
Mr. Perez: Where do you have your school now, in North Miami?
Ms. Beauregard: Yes.
ld 47 September 26, 1985
r
Mr.
Plummet: Where?
Mr.
Beauregard: N. W. 125th Street and'N, W, 17th Avenue, N6rth M101.
Mr.
Perez: But that is a church.
Mr.
Beauregard: Right, it is ...
Mr.
Perez: You have rented part of the church and you are the owner
of the
,..
you are running the school.
Mr.
Beauregard: Right we are running it.
Mr.
Perez: When did you start that school? Just about two years?
Mr.
Beauregard: Yes, approximately.
Mr.
Perez: Two years. How do you receive the students. That is
private
students? Do you have any kind of programs that you work with? What
is your
program?
Mr.
Beauregard: Well, we first of all advertise for our clientele.
That is
number one, and number two, we have referrals from ...
Mr.
Perez: How many students are you serving now?
Mr.
Beauregard: 161 children.
Mr.
Perez: 169 students?
Mr.
Beauregard: 161 - 161 children.
Mr.
Perez: On N. W. ... you have license? What kind of license do you have,
County license?
i
Mr.
Beauregard: Yes.
Mr.
Perez: And a State of Florida license for 121 students?
Mr.
Plummer: 161.
Ms. Yurose Beauregard: We have the zoning, occupational license, and H.R.S.
and we are licensed for 161 children and right now we have 161 children
present right now in this school and that is the reason there is great
necessity for a day care center in that area and we have a list of parents
calling us who want their children to come to 125th Street and 17th Avenue,
where they have to pay transportation and we find out if they can have the day
care center in that area. That would be benefit to them because they cannot
afford to pay transportation to come far away from 125th Street.
Mr. Perez: What kind of relations ... you mentioned the Metro -Dade Child
Development. Do you have astudents from Metro -Dade?
Ms. Beauregard: Yes, we have children from Child Development Services.
Mr. Perez: You are non-profit, or profit?
Ms. Beauregard: We are non-profit incorporated.
Mr. Perez: Mr. Manager, why do we have only one bidder in this?.
Mr. Pereira: You know, we put out the package, and you know, they were the
only organization that responded. It was properly advertised. It is very
difficult to say. It may be as Commissioner Plummer said, because of the
conditions of the huilding, and the kind of capital outlay investment that is
going to have to be made.
Mr. Perez: Let me ask our City Attorney is it legal that we call again for a
new R.F.P.?
ld 48 September 26, 1985
Mrs. Dougherty: I would suggest that you change the scope of it. For
example, you should ask for a U.D.P. as opposed to an R.F,P. at this time.
They would give you some greater flexibility in the kinds of things you can
consider,
Mayor Ferre: Let me get the record clear on some things, because I am sorry I
had misunderstandings. I was concerned about Julius Dorsky's interests, and
it is Concept House and Concept House is not interested in this property. It
is another fire station that we have, so let the record reflect that there is
no problem, as I had previously stated, with Concept House. Now, the other
one is Regis House, Regis House was started by a priest in Jesuit from Gesu,
and I think his name is Father Llorente and he and Carmencita San Miguel and a
whole group of people came to see Carollo and J. L. , and they talked to you
too, from Gesu, and they talked to me. As I understand it, I had a strong
talk with Father Llorente. What he is trying to do is a good thing, but that
he should go into the Haitian community. He didn't realize all of that, so he
has since backed off. As I understand it, for the record, Father Llorente and
the Regis House is still interested, but not in this particular location. Is
that correct, Al?
Mr. Armada: That is correct, sir.
Mayor Ferre: Okay, so in other words, then you did notify everybody? ... and
this is ...
Mr. Pereira: In addition to the advertisements that went out, Mr. Mayor, we
went back and dug up in the files for the last four years anyone who had shown
at any time an interest in this particular facility and they were sent a
letter.
Mayor Ferre: And this is a bonafide bid? And the Administration is
recommending it?
Mr. Pereira: Yes.
Mayor Ferre:
I thin subject to the background search and further discussions?
Mr. Plummer:
I'd like to look at the background.
Mr. Perez: I
would like to defer, Mr. Mayor ...
i
Mr. Plummer:
Mayor, this item ..
y , you know, child care and day care in this
community right now, they had hearings in these chambers for two full days,
and I sat in
on a few of them, and I have got to make myself satisfied that
everything is
definitely a first class operation. I think for this Commission
to do otherwise
under existing conditions ...
Mayor Ferre:
There is a motion by Plummer, seconded by Perez that this item
be continued
so that there can be further ...
Mr. Plummer:
Continued until October loth.
r'
Mayor Ferre:
... and total checks on these people's background and all the
other issues.
Mr. Plummer:
And I've asked the Administration to please forward to each one
of us the total package.
Mayor Ferre:
Call the roll on Item 24.
Mr. Perez: I
would like to have some reference also for the Metro -Dade Child
Development Department
where they work. I would like to have some reference
°-
from them.
Id 49 September 26, 1985
f
The following motion was introducer) by Commissioner. Plummer, who moved
its adoption:
MOTION NO. 85-991
A MOTION CONTINUING CONSIDERATION OF A PROPOSED
RESOLUTION ACCEPTING THE PROPOSAL OF HOPE PRE=SCHOOL
FOR THE LEASE OF FORMER FIRE STATION #9, ( ITEM 24 IN
TODAY'S AGENDA), FOR FURTHER INFORMATION AND A
THOROUGH BACKGROUND CHECK OF ALL APPLICANTS INVOLVED;
FURTHER REQUESTING THE CITY MANAGER TO UPDATE ALL
AVAILABLE INFORMATION AND FORWARD SAME TO THE MEMBERS
OF THE CITY COMMISSION; AND FURTHER DIRECTING THE CITY
MANAGER TO THOROUGHLY REVIEW AND BRING BACK A
RECOMMENDATION FOR THE COMMISSION'S CONSIDERATION.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
33. ACCEPT PROPOSAL OF COCONUT GROVE CHAMBER OF COMMERCE FOR LEASE OF SPACE
IN THE COMMUNITY BUILDING IN PEACOCK PARK FOR PURPOSES OF DISTRIBUTING
INFORMATION REGARDING TOURISM, CITY ACTIVITIES, F_VENTS, AND FOR
ORGANIZING RECREATIONAL, CULTURAL, EDUCATIONAL ACTIVITIES; SUBJECT TO
CERTAIN PROVISOS.
a
Mayor Ferre: On Agenda item 25, Carollo, that is your baby. I think we can
!
do that fairly simple. This is Peacock Park rental to the Coconut Grove
Chamber of Commerce. We lease spaces there. Any discussion on this? Anybody
object to this? Are there any objectors present? Everybody has had an
opportunity to come and present their objections.
Mr. Carollo: I so move, Mr. Mayor.
Mayor Ferre: All right, is there a second?
Mr. Perez: Second.
Mr. Carollo: About time we got to finish.
Mayor Ferre: Now, let the record reflect ... Mr. Manager, on Item 25, I spoke
with the people in the Coconut Grove Chamber of Commerce, who I think are
doing a wonderful job, but I think it is clearly understood that this can be
-
cancelled on 30 days notice and that you understand you are there an the
premise that you are going to be serving the community. This open to all,
even the knockers, you know, and the people who are always anti everything can
come in. This is their home too.
Mr. Carollo: Mr. Mayor, if I may - I didn't realize we had only stipulated 30
days notice. When you think about it, it really would be unfair for them to
z
find another location in 30 days. 90 days makes more sufficient ...
Mayor Ferre: 90 day notice, okay.
Mayor Ferre: That is much better for you.
ld 50 September 26, 1985
Mr. Plummer: It is available at any time to City for City .specified uses.
Mayor Ferre: Okay. All right, further discussion? I think that the fact
that Joanne Holshouser and all the other antis are not here, speaks for
itself, I mean 6.. unless ... the only thing that Joanne Holshouser has been
for that I know of is when Woody Wiser and some hotel people paid her to be
for their proposal, you know s- it wasn't only Woody, it was all the hotels:
Mr. Carollo: Or some candidate maybe.
Mayor Ferre: Or for some candidate who pays her and puts it on the payroll:
But, other than that, you know, she is always against everything. The fact
that she is not here tells you something about this. Okay, now call the roll!
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-992
A RESOLUTION ACCEPTING THE PROPOSAL OF THE COCONUT
GROVE CHAMBER OF COMMERCE TO LEASE SPACE IN THE
COMMUNITY BUILDING IN THE CITY OF MIAMI'S PEACOCK PARK
FOR THE PURPOSE OF DISTRIBUTING INFORMATION REGARDING
TOURISM, CITY ACTIVITIES AND EVENTS, AND FOR
ORGANIZING RECREATIONAL, CULTURAL AND EDUCATIONAL
ACTIVITIES; AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO A LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, WITH THE COCONUT GROVE CHAMBER OF
COMMERCE, FOR 750.5 SQUARE FEET OF SPACE IN THE
COMMUNITY BUILDING AT PEACOCK PARK, FOR A ONE-YEAR
PERIOD, RENEWABLE ANNUALLY AT THE CITY'S OPTION, NOT
TO EXCEED FIVE YEARS, AT AN ANNUAL RENTAL OF $1,200.
i
j (Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
34. ALLOCATE $15,000 IN SUPPORT OF "COUNCIL FOR INTERNATIONAL VISITORS OF
GREATER MIAMI, INC." (C.I.V.) SUBJECT TO FUNDING BEING PROVIDED BY METRO-
DADE.
Mayor Ferre: Isa, what .is it that you want to do?
Ms. Isa McCarty: What do we want?
Mr. Plummer: Money.
Ms. McCarty: Of course.
Mayor Ferre: Just tell us what it is in one sentence.
Ms. McCarty: Well, we are applying for a renewal of a grant that you gave us
last year for $10,000. I want to bring out the fact that out of those
$10,000, we paid back almost half of it in rent to the City of Miami.
Id 51 September 26, 1985
Mayor Ferre: Okay, is there a motion?
Ms. McCarty: However, the amount now is $15,000.
Mayor Ferrel Are you going to pay hack half of it in rent?
Ms. McCarty: Not half, but one-third.
Mayor Ferrel Does the Administration have any position on the C.I.V.? Mr.
Manager?
Mr. Pereira: We are recommending the allocation to this organization which
had provided a service to us.
Mayor Ferre: Are you for it, or against it?
Mr. Pereira: We are for it.
Mr. Plummer: Well, let me understand this. You know, I love Isa, and I have
been with her, but Isa works in Accounting. She resides in our building.
Now, what I would like to see is, that money being designated to the Office of
Public Information. They will designate the funds in that office.
Mayor Ferre: All right, there is a motion by Plummer, seconded by Perez.
Further discussion, as amended. Call the roll.
Mr. Dawkins: What is the motion?
Mayor Ferre: The motion is that the $15,000, which is being recommended by
the Administration go through procedurally the Office of Information and that
it be done that way. Go ahead.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-993
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE AN
AMOUNT NOT TO EXCEED $15,000 FROM THE SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, FOR A CASH GRANT IN SUPPORT OF
THE COUNCIL FOR INTERNATIONAL VISITORS OF GREATER MIAMI,
INC. (C.I.V.), WITH THE ADDED STIPULATION THAT C.I.V.
RECEIVE EQUAL FUNDING FROM METROPOLITAN DADE COUNTY AS A
CONDITION PRECEDENT TO OBTAINING FUNDING FROM THE CITY OF
MIAMI. THE PURPOSE OF THE GRANT IS TO ENABLE C.I.V. TO
PROMOTE ITS YEAR-ROUND PROGRAMS AIMED AT FOSTERING
FRIENDSHIP WITH INTERNATIONAL VISITORS, AND PROVIDING
LOCAL ASSISTANCE TO PRIVATE AGENCIES THROUGH PROGRAMS TO
PROMOTE WORLD FRIENDSHIP, SAID ALLOCATION IS CONDITIONED
UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY NO. APM-1-84.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
ld 52
September 26, 1985
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS A
12.07 P.M. RECONVENING AT 2.35 P.M. WITH ALL
MEMBERS OF THE COMMISSION FOUND TO BE PRESENT except
Commissioner Perez and Vice Mayon Carollo.
35. SECOND READING ORDINANCE: GRANT REQUEST BY CIVIC TOWERS ASSOCIATION
LIMITED (APPLICANT) FOR ATLAS CHANGE FROM RG=3/6 TO RG-3/7 TO
APPROXIMATELY 1901-1919 N. W. 15TH AVENUE AND 1461-1499 N.W. 19TH STREET.
------- -------------- ----- -_-------- -=- --------
Mayor Mayor Ferre: Mr. Manager, on Item Number 1, which is Civic. Tower Associates,
is that in any way controversial?
Mr. Plummer: It is a second reading, Mr. Mayor.
Mayor Ferre: That is why I am asking. Does anybody object to this? Is this a
problem to anybody? Anybody have any big hangups on it?
Mr. Pierce: No, that should be non -controversial that you are doing.
Mayor Ferre: All right, anybody wish to speak to Item Number 1? Is there a
motion?
Mr. Plummer: Let the record reflect that no one came forth, and as such, I
move it for second reading.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion on Item 1? All right, read the ordinance,
please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1901-1929 NORTHWEST 15TH AVENUE AND
APPROXIMATELY 1461-1499 NORTHWEST 19TH STREET, MIAMI,
FLORIDA, FROM RG-3/6 GENERAL RESIDENTIAL TO RG-3/7
GENERAL RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 24 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of July 25, 1985, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10042.
The City Attorney read the ordinance into the public record and
ld 53 September 26, 1985
i
announced that copies were available to the members of the City Commission and
to the public.
36. (CONTINUED DISCUSSION) ALLOCATE $35,000 IN SUPPORT OF THE FLORIDA
EXPORTERS AND IMPORTERS ASSOCIATION PROGRAM. (See label No. 27)
Mr. Plummer: Mr. Mayor, as I suggested, sir, I met with the people on Item
16. I have every assurances that there is a new administration. The zeal and
effort that they have put forth to me, I am now ready to move Item Number 16,
Mr. Mayor.
Mayor Ferre: All right.
Mr. Dawkins: Second.
Mayor Ferre: Moved by Plummer, is there a second?
Mr. Plummer: Dawkins seconded.
Mayor Ferre: Seconded. Further discussion? Call the roll on 16.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-994
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
L
$35,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND IN SUPPORT OF THE FLORIDA EXPORTERS AND IMPORTERS
ASSOCIATION PROGRAM OF ACTIVITIES FOR THE PERIOD OF
OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1986; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID
ORGANIZATION TO IMPLEMENT THE SAID ALLOCATION.
(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-
w.,.
r'
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
a
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez Jr.
f
Vice -Mayor Joe Carollo
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ld 54 September 26, 1985
37. DISCUSSION AND CONTINUANCE OF PROPOSED FIRST READING ORDINANCE FOR ATLAS
CHANGE FROM RS-2/2 TO CR-2/7 At APPROXIMATELY 267 S.W. 18 ROAD AND 1768-
1776 S.W. 2 COURT, TO THE MEETING OF OCTOBER 24.
---i------i----iiiriiiii ------iiiriii
Mayor Ferre: We are on Item Number 2.
Mr. Plummer: The applicant ... oh, yes, he is!
Mayor Ferre: Is this a controversial thing?
Mr. Plummer: If Traurig is involved, you know it is controversial.
Mayor Ferre: If this is controversial Bob, we really ought to wait for a
full Commission.
Mr. Traurig: It is not controversial, Mr. Mayor.
Mr. Joe McManus: Mr. Mayor and members of the Commission - for the record,
Joe McManus, Assistant Director of the Planning Department. Item Number 2 is
a proposal to introduce CR-2/7, commercial residential zoning into a one
family detached residential zoning district. We think this is not in accord
with the comprehensive plan. It would have an impact on the land use
characteristics of the adjacent area by extending this commercial zoning into
a viable residential area. There would be traffic interference in and out of
the proposed zoning. The increased intensity would likewise impact adjacent
residential neighborhoods. I would like to point out that the zoning
ordinance 9500 does have a provision in it for transitional uses in situations
like this, which the applicant has elected not to use. Our concern here is by
changing the zoning of the block ... we are concerned about that, of course,
but it also introduces the idea that subsequent applicants, based on this
zoning, can also apply for zoning, based on like treatment before this
Commission. I would like to point out to you that the back half a block is
residential. There are other residential buildings in similar situations
along I-95, and also we do not believe this is well situated for commercial
use. Thank you.
Mr. Plummer: Are we talking about the cross -hatch?
Mr. McManus: Yes, Commissioner.
Mr. Plummer: The street in the front is very cluttered. Is that 3rd Avenue
up front there?
Mr. McManus: 3rd Avenue, Coral Way.
Mr. Plummer: This is 3rd Avenue?
Mr. McManus: Immediately to the right is I-95 and the embankment on I-95.
Mr. Plummer: Am I to imagine that in front of that property is the hardware
store and directly across the street is the Farm Store?
Mr. Dawkins: Here you are, right here, Mr. Plummer.
Mr. Plummer: Let me see that, Bob.
Mr. McManus: Commissioner, I am informed that there is a bakery there, an
international food store, and we put up the aerial ...
Mr. Plummer: No, that is across the street.
Mr. McManus: We put up on the aerial ...
Mr. Plummer: I was able to identify it on the photo.
ld 55 September 26, 1985
9
Mr. Robert H. Trauttg: For the record, Robert H. Trauriq, 1401 Arickell
Avenue. I think that the aerial that has been put on the screen fairly
depicts this, and we have it here in a blow-up in color, this being the I45
rightiof=way. The propertyowners who are the applicants, are Miresse
I
investments S. A. and Dahra nvestments, S.A., but the really affected party
is Lincoln Savings and Loan Association which owes this property at 18th Road
and Coral Way, which has an option to purchase this property at 18th Road and
Coral Way. The objective is to consolidate the area between S. W. 3rd Avenue
and the I-95 right-of-way to give to this entity a single developable tract,
which would permit them to build there headquarters at this location. I think
you are aware that they are presently located in another municipality.
Mayor Ferre: Whose headquarters?
Mr. Traurig: Lincoln Savings. As a matter of fact, this building presently
has the Lincoln Savings sign on it. It was formerly a building occupied by
Futura.
Mayor Ferre: Who was the building occupied by before?
NOTE FOR THE RECORD: VICE -MAYOR CAROLI_0 ENTERED AT 2:42 P.M.
Mr. Traurig: This building south is presently occupied by the affected party
in this hearing, Lincoln Savings and Loan. They had been in North Miami.
They want to move into the City of Miami. They are a $171,000,000
institution. They already own the Coral Way, or have a contract to buy the
Coral Way frontage, and merely want to consolidate these parcels so that they
will be able to build on one tract of land. I think that what Mr. McManus has
said to you is that they don't have any opposition to the construction of a
building, but they don't want the building to go all the way to the back,
because of the influence of that building on contiguous property, and you will
see that what we have in the back is the Expressway. The houses, which are
the subject of this discussion are four old frame houses with about 1,500
s°
square feet each. They were built 40 or more years ago. They dilapidated.
They are unoccupied. They are going to come down. What we want to do is to
utilize that property, which affects no one in order to make a better tract.
This is a unique parcel of property, a triangular property, as you can see,
which will afford us the opportunity to build a larger CR-2 structure. The
property which is the subject of the hearing is a very small piece. It is
only comprises .45 of an acres, 45/100ths of an acre. We are bounded on the
north by CR-2/7; on the south by the RS-2/2; on the east by CR-2/7 and on the
r
west by CR-2/7. We are asking for this property to be rezoned to CR-2/7. We
believe that the arguments that have been made by the Planning Department
really are invalid. First of all, I would say to you that this Commission has
dealt with this identical issue a number of times in the past in this very
Coral Way corridor. For example, there was recently a hearing on S. W. 22nd
Street, on the same issue and you permitted the extension of the CR-2/7 to
permit an office building to be located there. That property, although well
located, didn't have the basic characteristics that this has, which permits us
to back up to the Expressway, and therefore not infringe on the rights of any
other property owner. We would say to you that the surrounding right-of-way
provides a natural buffer and prevents the intrusion into a residential
neighborhood and the extension of the proposed commercial area, as Mr. McManus
has suggested. I would point out another interesting geographic matter to
you. We are immediately to the south, not only of the Pantry Pride area, but
also of an area behind Pantry Pride, which you recently rezoned to permit
commercial CR-2 development and we believe that this, along Coral Way, is an
i
ideal location for the proposed development. In response to the Planning
Department's statements regarding the comprehensive plan, let me point out to
you that the comp. plan fails to take into consideration the development
pattern in the area, the recent City zoning trends, the proximity to I-95, the
benefits to be derived by the removal of 60 year old housing, and the
consolidation of the two parcels into a more viable development site. When he
talks about the extension of commercial, we would point out to as we did
.you,
before the unique characteristics of this property and the fact that this is
not a relatively viable residential parcel, as their recommendations indicate,
�,..
and you will note also, that your Zoning Board, by a seven to zero vote found
that this was an appropriate zoning classification and recommended approval of
Id 56 September 26, 1985
a
this classification to you. When I say it is not relatively viable as
residential, the deterioration of the existing buildings make them unsafe.
currently as residential., and the market forces militate against further
redevelopment of this area as residential. They are even suggesting to you
that what we could do is huild a parking structure back there, and we are
saying yes, that is true, we want to do it, however, in the CR-2/7
classification, so we can consolidate all similarly situated properties into
one viable development tract. You will note in Item Number 4, corning to you
in a few minutes, the Planning Department, in its recommendation to you said
that it would be reasonable to extend the commercial zoning that is along
Biscayne Boulevard to the east, in order to make a more viable development
tract. Their language is it would provide a more reasonahle opportunity for
development of office commercial along the Biscayne Boulevard corridor. It
one were to substitute the words Coral Way for Biscayne Boulevard, that would
fit our property to a "T". The Planning Department is right on its
recommendation on Item Number 4. The extension of commercial zoning, to
create a more developable parcel is beneficial and shouldn't that result
similarly apply to Coral Way. You have done it in the site which is now the
WQBA site just to the west of 27th Avenue. You did it on the site which is to
the east of 27th ,Avenue. You have done it at 18th Road, and we are saying
that of all the sites along Coral Way which are suitable for expansion to have
larger development potential, this site is the most ideal because of the way
it backs up to I-95. We would urge you to follow the recommendation of your
Zoning Board, which was, as I said, 7 to 0, and to approve this application on
first reading.
Mayor Ferre: Questions from members of the Commission? Would you inform
Commissioner Carollo that we are about to come to a conclusion on Item Number
2?
I Mr. Plummer: Let me ask a question. Do I understand you correctly, Mr.
Kaplan that .... (It says the attorney is Mr. Kaplan) .
Mr. Traurig: Mr. Kaplan and I are standing before you together.
Mr. Plummer: Am I to understand that the same party that owns this property
owns, or has, or soon will own the property on 3rd Avenue?
Mr. Traurig: Yes, sir.
Mr. Plummer: Am I to assume that they are willing to give a covenant that it
becomes a one parcel tract?
Mr. Traurig: Yes, sir. Unity of Title agreement.
Mr. Plummer: On the entire tract?
aMr. Kaplan: Yes, sir.
Mr. Plummer: So what they are really trying to do is get better setback
' requirements, is really what their bottom line is.
1 Mr. Kaplan Yes, .sir.
Mr. George Campbell: If I may, Mr. Plummer, since the concept here is a
unified zoning district.
Mr. Plummer: Yes.
Mr. Campbell: A good portion of this area in that little triangle piece where
this property lies is of an old plat that was rescinded, or never completed,
so it is basically unplatted property. I would suggest that one of the things
that would have to happen before they could pull a building permit would be if
they would have to plat the property and therefore we could unify the entire
r site.
j Mr. Plummer: There is no question they would have to do that. There is no
question about it.
Mr. Traurig: Thank you, Mr. Campbell.
ld 57 September 26, 1985
Mr. Plummer: Let's get back to the other question that you raised earlier to
the City Attorney. Question as to transition - does it extend to any of the
other properties around this parcel in question? Is there a transition as
such under the new 9500?
Mrs, Dougherty: Yes.
Mr. Plummer: Would that, granting this application, if that were to be the
wisdom of the Commission does that enjoy any other property from the
transitional use?
Mrs. Dougherty: I have to look at the zoning map. Thera_ is just a tiny parcel
here that is excluded.
Mr. Plummer: Who owns that little parcel, that little piece of pie at the
end? Is that a buildable lot? It doesn't look big enough to be buildable
Mr. Pierce: It is buildable only if it is combined with others.
Mr. Plummer: Yes, but it would give the person who owns it the hue and cry
and come in and want to.
Mr. Traurig: Mr. Plummer, there is no land between that parcel and I-95 which
is not presently zoned CR-2.
f
Mr. Plummer: Well, Mr. Campbell and my City Attorney is telling me there is.
Mrs. Dougherty: I just looked at the zoning map and the plat map.
i
Mr. Plummer: If you look at the map, you will see a white area there between
the cross -hatch and I-95.
i
Mr. Traurig: Yes, sir, I ...
Mr. Plummer: Is that owned by the front parcel?
_
Mr. Traurig: I don't know, but we are making an effort to acquire all of that
Y
property so we can consolidate all into one developable parcel.
1
�•'
3
Mr. Plummer: I don't know if you can if it is not in this application.
a Mrs. Dougherty: That is right, but it should be rezoned.
Mr. Plummer: It is what now? Is it still the single family zoning on that one
:s
little parcel?
s
"
Mr. Perez-Lugones: It would remain single family.
' Mr. Plummer: Then we come into the problems with maintenance and ...
Mr. Campbell: May I clarify a little bit here. The three parcels that we are
looking at here was 11, 12, and 13 are owned by who have made
application. The remaining triangular - approximately triangular piece is
owned from, what I understand, by the owner lot 7 facing Coral Way, so that
since it is landlocked ...
k,
Mr. Plummer: What is your option on to buy? Does it .include that back half
of 7?
Mr. Traurig: No, sir.
Mr. Plummer: What is going to happen with the back half of 7?
Mr. Traurig: The back half of 7 will enjoy exactly the same property rights
that it presently has. We will make a very serious effort to acquire it. Per
se it is not a developable parcel. It doesn't have street frontage. It was
severed by the I-95 right-of-way and it is a remnant of a larger parcel.
ld 58 September 26, 1985
Mayor Ferret Let me put it to you this way. You are not going to he able to
get sun tan there.
Mr. Plummer: No, I am sure of that.
Mayor Ferre: All right, what is the will of this Commission on this item?
Mr. Carollo: Mr. Mayor, if I may I am sorry I had to step out for a
second. Some of us here still have to make a living, but I would like to
defer this item, Mr. Mayor. I haven't had the opportunity to go by there.
Something of this nature, I certainly would like to go there and have a look
at it.
Mayor Ferre: All right, there is a request by a member of the Commission
that this item be deferred for one meeting.
Mr. Plummer: Without question, I second it.
Mayor Ferre: We always grant that courtesy to any member of the Commission.
Mr. Plummer: Continued for further information.
Mayor Ferre: The item is continued to the hearing of October - the October
24th meeting, I imagine is the next date. Is that correct, Commissioner?
Mr. Carollo: That is the next zoning meeting. That is correct, Mr. Mayor.
Mayor Ferre: Okay. Further discussion? Call the roll on the continuance of
this for the October 24th meeting.
MOTION TO CONTINUE. Upon motion duly made and seconded,
this item was continued to the October 24th meeting by
the following vote:
AYES: Commissioner Miller J. Dawkins.
Commissioner J. L. Plummer. Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
ON ROLL CALL:
Mr. Plummer: In the continuing for further information, I didn't hear
anything that the developers were going to do for the City. I heard what they
want the City to do for them, so when it comes back on the 24th, we can of
course, hear all of that.
Mr. Traurig: We will be delighted to do that.
Mr. Plummer: Thank you, sir.
ld
Vj
September 26, 1985
38. FIRST READING ORDINANCE: GRANT REQUEST BY FABULOUS DIAMOND'S PARTNERSHIP
FOR ATLAS CHANGE (SECTOR NUMBER ONLY) FROM RG-2/4 TO RG=2/7 AT
APPROXIMATELY 5600-5650 N. W. 6TH STREET.
rrr—Y1Y1i�ar�L—r—r rii.�.i.i.i.ii'��AY il.rrr—G�—r—rii'r�—rrrriJ.r �iL��1.�i.L��i+a.ii►ifiii�ii. iY�—rrG3irii
Mayor Ferre: Agenda Item 3 - Fabulous Diamond's Partnership, Simon Ferro.
Planning Department recommended denial. The Zoning Board recommended approval
unanimously. Yes, sir? Oh, let's hear from the Department first, I am sorry.
Mr. Joe McManus: Mr. Mayor and members of the Commission - First of all, the
history on the parcel. Approximately a year and one --half ago, this Commission
changed the zoning of this parcel from CG-1/7, General Commercial, to RG-2/49
General Residential. The application currently before you is to raise the
sector number from RG-2/4 to RG-2/7. Now, in the former change of zoning, the
Planning Department had agreed with the change of zoning to residential. We
think there is a problem though, in raising the sector number and increasing
the intensity of the project. For example, there will be a 250% increase in
floor area ratio by going from .49 F.A.R. in sector 4, to 1.72 F.A.R. in
sector 7. We think this increase in intensity is out of scale with the
similar intensity in that area, and as you can see, the sector number
immediately to the south of the RG is an RG-2/4. In fart, the petition here
is to single out this particular property and treat it differently from the
residential general zoning to the south. Thank you.
Mr. Simon Ferro: Mr. Mayor and members of the Board, my name is Simon Ferro.
I am the attorney for the applicant with offices at 1399 N. W. 17th Avenue.
Before I go into a bit more detail on the property, it is located on the
corner of N. W. 56th Avenue and 6th Street. It is presently vacant and it
contains approximately three-quarters of an acre. Together with the large
retail store, which is Fabulous (diamond's, diagonally across to the northwest,
this piece of property was part of the original purchased by Sidney ,& Hill and
Diamond's, when they built Fabulous Diamond's on N. W. 57th Avenue and 7th
Street. In fact, as was stated by staff, the Commission may recall that last
year, you had entertained an application to rezone this piece of property from
CG-1/7 to RG-2/4. Since that time, the property owner has concluded that the
property's unique location would pose a substantial hardship in its
development in a residential rental apartment building. If you take a look at
the aerial photograph, you will note that the property has no frontage on a
major road as is 57th Avenue or 7th Street. That was the prime consideration
when this property was rezoned from commercial to residential. You will also
note that immediately to the north of this property is commercial property.
To the northwest is Fabulous Diamond's, and you may not notice it there, but,
on the south side of the Fabulous Diamond's building, there is a larger trash
compactor machine that is in plain view of this location. To the west of the
property is a commercially zoned plant nursery. To the east of the property
is a parcel owned by Florida Power and Light, where they store some equipment,
also zoned commercial, and to the south of the property, in other words, to
the bottom part, you have the RG classified buildings are three and four
stories in height. The requested increase in the sector number would retain
the residential use of that parcel, but would allow an increase in the number
of rental units allowed. We have determined that an increase in the number of
rental units would be meritorious for this parcel because even with the
classification we have now, it would be specifically hard for us to
economically develop this parcel, inasmuch as we are intruding in a commercial
classification. It is not the case where we would be intruding within the RG
classification to the south. This parcel is in a pocket of commercial with a
sector number of .7. This means that the commercial property to the west and
to the east and to the north of us could very well be developed at a future
date to a height of five stories. The proposed residential rental buildings
that we are proposing would have a maximum height of five stories and there is
a proposed site plan right here and the first floor would actually be parking.
I'd like to note again that we did receive unanimous approval of the Zoning
Board when they considered this item. There are no objectors present that I
know of. This change in sector number would be compatible with the change in
sector, with the sector number that is contained in the commercial which
borders us on all three sides. We do not believe that this change in sector
number will harm or impact the property to the south of us. They are already
ld 60 September 26, 1985
0 &
fully developed. They will not be able to develop to any greater density or
capacity than they are now and we respectfully request that this application
he approved.
NOTE FOR THE RECORD: COMMISSIONER PEREZ ENTERED MEETING At 3:00 P.M.
Mr. Plummer: To the Department, put the other photo you had up up there. to
the, what I would say is to south, what is the density on those units there?
Mr. McManus: There are approximately three buildings. Our information is
there approximately 44 units in these two buildings.
Mr. Plummer: Well, what is the zoning classification? In other words' what l
am asking is, what they are asking is equivalent ...
Mr. McManus: They are asking for approximately 52 units in their building.
Mr. Plummer: As opposed to 44.
Mr. McManus: 44 in each of the individual buildings below.
Mr. Plummer.: Put the other map back up - let me see again. There is only one
objector, and he is not contiguous?
Mr. McManus: That is our understanding.
Mr. Plummer: What is to the west of this property? ... between this property
and Red Road?
Mr. McManus: I think the information was that it is a plant nursery.
Mr. Ferro: It is zoned CG-1/7. There is an established plant nursery there
with no real improvements in terms of the building.
Mr. McManus: It's an open area with the plant material.
Mayor Ferre: Further questions? All right, what is the will of this
Commission?
Mr. Plummer: Well, Mr. Ferro, you are asking the City to do something for
your client. Is your client going to do something for the City?
Mr. Ferro: Well, that I know of, the N. W. 6th Street will have to be
improved and ...
Mr. Plummer: Sir, you have got to do that anyhow.
Mr. Ferro: Commissioner, we have not been requested to .
Mr. Plummer: We are not requesting, sir. We are asking - is there something
that you wanted to talk to us about.
Mr. Ferro: Well, we believe that the City will attain a certain ...
Mr. Plummer: Sir, you want to talk to Sergio. Sergio, this man said he would
like to speak with you for a minute. I think he said something about more
park and playground equipment.
Mr. Simon Ferro: After discussing the situation with Mr. Rodriguez, we are
prepared to offer a $5,000 donation to the Parks and Recreation fund.
Mr. Plummer: You would like to donate $5,000 worth of equipment to the
playground at Moore Park?
Mr. Ferro: Yes, sir.
Mr. Plummer: I think that is an excellent idea, really, Whet do you think
about that, Commissioner Dawkins?
Mr. Dawkins: I think that is very generous of him and his vile
id
61
September 26, 1985
Mr. Plummer: I think that is fine, sir. Mr. Mayor, this is a zoning item, of
course, and we will handle it as zoning and I think as a zoning item, it
should be approved.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Excuse me?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: That would of course, be made out to the Park Improvement Trust
Fund. That is something separate. We are talking about zoning, but I think
we should make sure that it is all done properly, and I move it, Mr. Mayor.
Mr. Dawkins: I second.
Mayor Ferre: Further discussion? Are there any other conditions that the
Department wants? Sergio? Are there any conditions thst should be part of
the ordinance that we don't have?
Mr. Sergio Rodriguez: We cannot impose any conditions because this is a
zoning change, sir. Whatever they proffer voluntarily.
Mayor Ferre: Well, is there anything that we would like them to consider?
Ingress, egress, parking?
Mr. Rodriguez: No, it is fine.
Mayor Ferre: Landscaping, setbacks?
Mr. Rodriguez: When we go through the platting process, they will have to
dedicate a certain amount of land.
Mr. Plummer: But, they have got to do that anyhow - that, or they can't get
a permit.
Mayor Ferre: Restricted covenants of any kind?
Mr. Rodriguez: We will discuss that with the applicant before the second
reading.
Mayor Ferre: Okay. It has to be voluntary, we understand that. All right,
are we ready to vote on the ordinance as it is before us now? Call the roll.
Mr. Plummer: No, read it.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION OF APPROXIMATELY 5600-5650 NORTHWEST
6TH STREET, MIAMI, FLORIDA FROM RG-2/4 GENERAL
RESIDENTIAL TO RG-2/7 GENERAL RESIDENTIAL MAKNG
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 31 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote-
ld 62 September 26, 1985
f
AYES: Commissioner Miller J. Dawkins
Commissioner 3, L. Plummer, Jr.
s` Vice -Mayor Joe Carollo
Mayor Maurice A. Terre
NOES: None.
ABSENT: Commissioner hemetrio Perez, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
39. BRIEF DISCUSSION AND CONTINUANCE OF PROPOSED FIRST READING ORDINANCE
REQUESTING ATLAS CHANGE FROM RG-2/6 TO CR-3/7 AT APPROXIMATELY 340-352
N.E. 32 STREET AND 335-415 N. E. 31 STREET TO MEETING OF OCT. 24.
Mayor Ferre: We are now on Agenda Item 4. All right, can we hear from the
Department?
Mr. Plummer: Oh, here is Mr. Kaplan again.
Mayor Ferre: All right, Mr. Gold?
Mr. Plummer: Gold? Oh yes, Alan Gold.
Mayor Ferre: Go ahead. Happy New Year to you, Bob.
Mr. Robert Traurig: Thank you very much, Mayor. Thank you.
Mayor Ferre: Oh, I am sorry. Go ahead.
Mr. Jack Luft: Mr. Mayor, my name is Jack Luft of the City Planning
Department. The application is for a change of zoning from RG-3/6 to a CR-
3/7. The area lies immediately behind property fronting n Biscayne Boulevard.
Mayor Ferre: I want you to know, Bob, that despite the fact this is Norman
Braman's property, I have no fixed ideas on this.
Mr. Traurig: No, no, it is not!
understand ...
Mr. Plummer: Norman who?
Mr. Mayor, I want to make sure that you
Mr. Traurig: ... that this is not Mr. Braman's property.
Mayor Ferre: I am just having a little fun with you! Let the record reflect
... (LAUGHTER!) Go right ahead.
Mr. Carollo: For the record, does this have anything to do with Mr. Braman or
anyone associated with him in business?
Mr. Traurig: Let me put this on the record. My name is Robert H. Traurig,
1401 Brickell Avenue. Neither Mr. Braman, nor anyone, to my knowledge, who is
in any way associated with him, either in business or his family, has any
interest in this whatsoever.
Mayor Ferre: I apologize. I was just joking. I figured it was just time for
a little laugh this afternoon.
Mr. Carollo: I had to clear it out, because if it is, I have a conflict of
interest, because by popular demand, I am doing work there.
Mayor Ferre:
are.
Why don't you clarify for the record who the property owners
ld 63 September 26, 1985
Mr. Traurig: I am happy to do that. I thought that Mr. Luft was making the
City's presentation, but as long as I am standing before you, I would .like to
introduce Mr. Alan Kluger, who is one of the owners, together with Seth Warner
and others. The property ... would you excuse me, Jack, just to make this
brief explanation ... the property which is the subject of this hearing is
this area between 31st and 32nd Street on the boulevard, which is, as you can
see, comprised of a number of old apartment buildings which we propose to tear
down and replace with this handsome structure designed by Ray Vera who is with
us, and by Willy Bermello. Basically, we are merely asking for an extension
of the existing commercial zoning a little bit to the east, and we would
extend N. E. 4th Avenue, and in addition, dedicate a park to the City on the
easterly portion of this property and we think that the Planning Department
recommendation and the action of the Zoning Roard are both so favorable, that
further explanation at this point isn't necessary, but we are happy to answer
your questions.
Mayor Ferre: Jack, go right ahead.
Mr. Luft: That is not a pose, no, sir. To make the point here, what we are
saying is that the Department is recommending in favor of this, and we are
pointing out as boldly as we can that along the boulevard and along the bay is
a sector 7 zoning. That is the red area - sector 7. Down the center is the
RG-3/6 district, which remains a small sliver of property between these two
high -density districts. This applicant has proposed a zoning change that
would extend to the rear of the property on Biscayne Boulevard back to the 4th
Avenue alignment, thereby creating as Mr. Traurig pointed out early, a more
developable parcel. We find that along the boulevard, on both sides, there is
a problem with the depth of property and the developability in the sector 7.
It is not an easy prospect to do. We find the project is improved and we
recommending in favor of the zoning change. As Mr. Traurig has pointed out,
the recommendation does carry with it the suggestion that there be a property
dedicated to the rear for the extension of 4th Avenue and the open space to
the rear developed by the applicant, and maintained by the applicant for
public use as a recreational space for the neighborhood. Thank you.
z
Mayor Ferre: All right, questions. no you want to say ...
Mr. Traurig: Nothing further to add, unless there are some questions to which
we should respond.
Mayor Ferre: Any questions from the Commission? Anything further from the
Administration?
Mr. Carollo: Mr. Mayor, unless some of my colleagues have any other questions
'
at this time, this is another property that I haven't had the time to have a
'-
look at and I would like to defer it until I get there.
Mayor Ferre: As you know, that is standard operating procedure around here.
Mr. Carollo: I hate to make decisions on changes of this sort without seeing
the property myself.
Fr •.
Mayor Ferre: Commissioner Carollo has asked that this item be continued until
the next zoning meeting, which is October 24th.
Mr. Plummer: I second it as always, Mr. Mayor, so it is on the record.
'
Commissioners ask, we always do it one time without question.
MOTION TO CONTINUE. Upon being duly moved and seconded,
this item was continued to October 24, 1985 meeting by the
following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
f.
Commissioner J. L. Plummer, Jr.
W !
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ld 64
September 26, 1985
ABSENT: None.
40. CONTINUE CONSIDERATION OF PROPOSED FIRST READINU ORDINANCE FOR ATLAS
CHANGE APPLYING SEC, 16-10 HC-1 TO THE DADE CUNTY COURTHOUSE AT
APPROXIMATELY '15 WEST FLAGLER STREET, TO THE MEETING OF OCT. 24•
..reGrir.wriirrLii�ii�:a►..--�riirir:r------------ii—
Mr. Carollo: We are now on item b. Aa'am, ao you represent Dade County?
Mr, Plummer: Mr. Vice -Mayor, I ask that this matter be deferred until a later
date.
Mr. Carollo: All right, there is a motion to defer. 'There is a second. Can
you Bail the roll, Madam Cierk?
Mr. Plummer: May I state on the record that I think the County neeas to get
with us. This is for Dade County, of the Court House and they have not been
too cooperative recently ...
Mr. Carollo: No, they haven't!
Mr. Plummer: ..0 in relation +a ambulances, and radio towers and other
assorted things, so I think we need to defer this until we can have a meeting
of the minds.
Mr. Dawkins: And we don't want the present. City Manager doing the
negotiating. We will negotiate.
Mr. Plummer: We're going to continue this item to a date specified of October
24th, assuming that a meeting of the minds takes place prior to that.
Pir. Dawkins: Second.
i The preceding item was continued to the Meeting of October 24, 1985 on
motion introduced by Commissioner Plummer, seconded by Commissioner Dawkins
and passed and adopted unanimously.
,a
i .
a
41. FIRST READING ORD.: AMEND ORD. 9500, ART. 15 (SPI- DISTRICTS - LATIN
QUARTER COMMERCIAL - RESIDENTIAL AND RESIDENTIAL DISTRICTS) AMEND CERTAIN
SUBSECTIONS TO PROVIDE MORE FLEXIBILITY IN THE PERMITTING SYSTEM - AMEND
VARIOUS OTHER SUBSECTIONS TO ALLOW OTHER USES TO REORGANIZE INFORMATION
IN THIS SECTION, TO ADD ADDITIONAL INFORMATION, TO INCREASE BASE FLOOR
AREA RATIOS AND TO MODIFY PERTINENT BONUSES TO ENCOURAGE MORE AMENITIES,
ETC.
-------------------------- ----
Mr. Carollo: We're on Item 7.
i r
. '
Mr. Plummer: Madam City Attorney, on Item 7 I do own a piece of property, my
corporative business is within this area. You did not have me abstain when
this matter was before us before, I just want it on the record, do you advise
me to abstain or not, knowing the facts that I do own a piece of property, my
k�
;z
funeral home on Flagler Street is contained within this area?
gin:
Mrs. Dougherty: Mr. Commissioner, you do not have a legal conflict of inter-
est and you may not abstain.
Mr. Dawkins: That's not the way Janet Reno interprets it.
Mr. Plummer; Well, I'm putting it on the record and Janet Reno can read the
transcripts.
Just for the record, all this is doing is re -instating the
zoning on that parcel to what it was previously. It is not any real benefit
ld 65 September 26,. 1985
0
other than it is not killing. Is there anyone mere in the audience that wants
to speak on this issue? 1 am ready to move this item. This is some amend=
meats to the Latin Quarter. It is just very simple amendments.
14r. Carollo: It is just very simple amendments.
Mr. Plummer: It is simple amendments but I do want to add one proviso that
the Department has requested and that is that on any drive=in facilities they
have to be approved individually by this Commission.
Mr. Carollo: Oh, of course, it has always been the case with drive-in facili-
ties.
Mr. Plummer: And they cannot be facing... What was the other thing that you
wanted?
Mr. Rodriguez: All of that is included in the language tiiat we have over
here.
Mr. Plummer: It is all here.
Mr. Rodriguez: And we have already discussed this with the Latin Quarter
Review Board, the Little Havana Development Authority, Chamber of Commerce,
Latin Quarter Association and we believe we have tiie complete support of
these organizations.
Mr. Plummer: Okay. Based on that Mr. Vice Mayor, anytime you're ready I'm
ready to move item 7.
Mr. Carollo: There is a motion. Is there a second?
Mr. Dawkins: Second.
Mr. Carollo:Dawkins seconds it. Hearing no further discussion, can you call
the roll, Madam Clerk?
Mr. Plummer: Ecxcuse me, Madam City Attorney, can 1 ask, because I know that
there are some people that are really really hurting on this particular. Is
it possible that we can use an emergency ordinance and pass this on both
readings? Can't do it? I'm sorry, I tried.
Mayor Ferre: You're talking about 7?
Mr. Plummer: Yes, sir.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
SECTION 15140, ENTITLED "SPI-14, 14.1, 14.2: LATIN QUARTER
COMMERCIAL -RESIDENTIAL AND RESIDENTIAL DISTRICTS," BY
FACILITATING PROCEDURES AND RECORD KEEPING APPLICABLE TO
CLASS C SPECIAL PERMITS, LIBERALIZING PERMISSIBLE PRINCIPAL
USES AND STRUCTURES, CLARIFYING LANGUAGE RELATIVE TO
PERMISSIBLE ACCESSORY USES AND STRUCTURES AND TRANSITIONAL
REQUIREMENTS AND LIMITATIONS, INCREASING BASE FLOOR AREA
RATIOS, MODIFYING MINIMAL OPEN SPACE AND SIGN REQUIREMENTS,
AND MODIFYING STANDARDS AND USE REQUIREMENTS IN TH;E SPI-
14.1 AND 14.2 DISTRICTS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote-
RT 66 September 26, 1985
r`=
AYES: Commissioner Demetrio Perez, Jr+
Commissioner Milier J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Caroiio
Mayor Maurice A. Ferre
i
NOEa: None,
ABSENT: None,
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
ON ROLL CALL:
Mayor Ferre: You don't have a conflict with this?
Mr. Plummer: 1 asked on the record, she said no.
Mr. Perez: Let me ask the City Attorney. Do I have to make the same question
or would your answer apply to all the members?
Mrs. Dougherty: It would apply to all the members, and the rationale is that
your interest is no different than any other citizen owning property in the
district and that is the reason it is not a legal conflict of interest.
Mr. Plummer: Madam City Attorney, can I request that the second reading of
this - the Me Donald's on S. W. 8th Street is about to go out of business and
I really feel sorry because they really went to the nth degree in builaing a
facility that is a blend. 1 think they are the first one in the Latin Quarter
to build something that would be significant of the district and they're about
to go out of business because of a no drive-in facility. Is it possible that
we can have the second reading on October 10th so that they can oe allowed to
file an application now, it can be accepted and starting to be processed?
Because I tell you, those people, your heart bleeds. I hate their hamburgers,
but that's beside the point. Can we have a second reading on October 10th?
Mrs. Dougherty: We need 14 days between readings.
Mr. Perez-Lugones: It is exactly 14 days.
Mrs. Dougherty: You can get your notice out?
Mr. Perez-Lugones: Yes, for the second reading.
Mr. Plummer: All right, Mr. Mayor, I would request that the second reading of
this matter, even though it is not a zoning item day, that we have the second
reading on October 10th and I so move.
Mr. Perez: I second without any doubt, I think Me Donald's is a great contri-
bution to the Little Havana area and any effort we can do ...
Mayor Ferre: You're for Me Donald's, huh?
Mr. Perez: No, I am for the project, but in this case, what he mentioned....
Mr. Plummer: We're telling them to have it their way.
Mayor Ferre: All right, call the roll on the motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
RT
MOTION NO. 85-995
A MOTION SETTING THE DATE OF OCTOBER 1U, 1985 AS THE DATE TO
CONSIDER, ON SECOND READING, AN ORDINANCE AMENDING TEXT OF
ORDINANCE 9500 BY AMENDING ARTICLE 15-SPI: SPECIAL PUBLIC INTEREST
DISTRICTS - LATIN QUARTER (AGENDA ITEM 7 IN TODAY'S AGENDA).
67
September 26, 1985
r � -
4
i
passed and
Upon being seconded by Commissioner Perez, the motion was _
adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carolio
42 FIRST READING ORD.: AMEND ORD. 9500 - ART. 20 kCONVENiENCE ESTABLISHMENTS
AS ACCESSORY TO RESIDENTIAL OR OFFICE USES) - ALLOW CERTAIN QUICK COPY
SERVICES AS PERMITTED USE IN OFFICE BUILDINGS, WITH CERTAIN PROVISOS.
Mayor Ferre: We're on Item 8. Planning Department recommends approval, the
Advisory Board recommends approval unanimously.
Mr. Plummer: Is there anybody here wants to speak against it?
Mayor Ferre: This is a quick copy service permitted.
Mr. Plummer: Let the record reflect that no one came forth in objection. 1
move Item 8, Mr. Mayor.
Mr. Perez:,Second.
Mayor Ferre: Further disciussion? Cali the roll.
AN ORDINANCE ENTiTLED-
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING SECTION 2003.7 ENTITLED "CONVENIENCE
ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES,"
OF ARTICLE 20 ENTITLED "GENERAL AND SUPPLEMENTARY
REGULATIONS," TO ALLOW CERTAIN QUICK COPY SERVICES AS A
CONDITIONAL PERMITTED USE, AND AMENDING SECTION 3602 TO ADD
A DEFINITION FOR QUICK COPY SERVICES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Perez and was passed on its first reading by title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
RT 66 September 26, 1985
I
--
43 BRIEF DISCUSSION AND CONTINUANCE OF PROPOSED hESOLUTION FUR STREET
CLOSURE AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1U52 °P1JLAE/,
i
ZOGBY SUBDIVISION" TO THE MEETING OF OCT. 24•
'�r:r. mar war rrii.'zG. irr--r.i.N.Yii�ifiL�riiiW�Gi�iiwiLrri�:ir►ii.iiaiiii►ir'r--r iY.ii Liiir--di iL i►Y�iG�YiGfi'�i
t
Mayor Ferre: Take up Item 9.
1 Mr. Plummer: is the applicant here? To the Department, how many square feet
i
is that?
Mr. George Campbell: About 7000 square feet.
Mr. Plummer: And is the applicant the owner on both sides?
Mr. Campbell: On the easterly side the owner is Dade County HUD. They have
indicated that they are willing to waive their right to any division of the
street.
Mayor Ferre: Well, what does the City gain out of ail of this?
Mr. Plummer: Nothing, that's why I'm saying that we're entitled to compensa-
tion.
Mayor Ferre: I want to go see this property. I want to see what this is all
about and you can have your say, but I'm deferring this.
Mr. Plummer: Well, also, I have no bones and no qualms about the fact that
i they are acquiring 7,500 square feet of City owned property. I have no
intentions of giving it away. There is a value.
Mayor Ferre: I'm going to tell you, Plummer, I thinx it is time - you know,
I'm sorry we're on the edge of this all the time, but you know, there are many
1 cities in America under the law ... We have to be careful about this but I
want you to understand that it is time for us to change the Charter and that
is what it would require, right? Isn't this a matter o;f the Charter?
Mrs. Dougherty: It is not a matter of the Charter. About selling right-of-
way?
Mayor Ferre: No, ma'am.
Mr. Plummer: Speak to it after this issue.
Mayor Ferre: I'm sorry. Well, this item is going to be deferred anyway.
Mr. Plummer: Well, this gentleman would like to speak, of course.
r -3
�.
Mayor Ferre: Go ahead.
w�
3 Mr. Michael Zogby: My name is Michael Zogby. I'm one of the owners and
one
of the applicants. I'm sure we would be willing to give something to
the
improvements or the trust fund for the parks and recreation in exchange
for
j the land. We have no problem with that.
Mayor Ferre: That's not my, my concern is, where does the City of Miami
come
out on this? What is the value of us vacating this alley? And I don't
see,
. it seems to me that that seems to be a through wa
g Y
*'
Mr. Zogby: It is non-existent.
Mayor Ferre: Is it closed?
r d Mr. Campbell: It is unimproved, it is unopened, it is unpaved, it has never
a- been paved in there to my knowledge.
rui,
,try
Mr. Plummer: But it is dedicated land.
HT 69 September 2E, 1985
Kr. Campbell: It was, yes. Yes, sir.
Mr. Plummer: A dedicated alley.
Mr. Campbell: Yes# sir.
L
Mr: 'Logby: I could show you an aerial photograph if you want to see it.
Mayor Ferre: Sure. What does the City of Miami get out of ail of this?
Mr. Pierce: Mr. Mayor, for one thing the first tiling it does is put land that
cannot be taxed now, it goes back on the tax rolls. We do receive a tax
revenue.
Mayor Ferre: 1'd rather have the potential alley. i don't see what value
this is to the City of Miami. What are you going to be doing with this
property once you get it? Are you ,going to be developing it? How are you
going to develop it? ...add something to the tax rolls?
Mr. 'Logby: The area is zoned Rg-2/4, 1 believe. We will be building an
apartment building there.
Mayor Ferre: What street is this here? This is 77th. This is 79th here,
right? ... As I said, I want to go look at .it so I request the right to have
this item deferred.
Mr. Plummer: Motion made, Demetrio seconds. Any further discussion in
reference to Item 9, to be deferred to October 24th? To be continued for
further information until October 24th. Call the roll.
The preceding item was continued to October 24th on motion introduced by
Mayor Ferre, seconded by Commissioner Perez and passed and adopted by a
unanimous vote.
------------------------------------------------------------------------------
44 APPOINT COMMISSIONER J.L. PLUMMER AS THE CITY'S VOTING DELEGATE IN THE
"59TH ANNUAL CONVENTION OF THE FLORIDA LEAGUE OF CITIES" TO BE HELD OCT.
10-12, 1985•
Mr. Plummer: Mr. Mayor, I move a motion at this time that J. L. Plummer,
Commissioner of the City of Miami be approved as the voting delegate at the
Florida League of Cities Convention at the Diplomat Hotel in Hollywood at the
end of October.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-996
A RESOLUTION APPOINTING C014MISSIONER J. L. PLU14KER AS THE VOTING
DELEGATE REPRESENTING THE CITY OF MIAMI AT THE 59TH ANNUAL
CONVENTION OF THE FLORIDA LEAGUE OF CITIES TO BE HELD IN
HOLLYWOOD, FLORIDA OCTOBER 10 - 12, 1985.
(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-
RT 70 September 26, 1985
0
AYES: Commissioner Miller J6 Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
45• BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED ALLOCATION OF FY a5-
b6 FEDERAL REVENUE SHARING FUNDS APPHOPRiATED BY ORD. 100J9 k6ee label
68) 4--------------- ----------------------- ----------------------------
Mayor Ferre: Is Mr. Hardwick still here? for. Hardwick, 1 understand you've
got a time constraint problem, so if you would, air.
Mr. Archie Hardwick: This is in reference to a ....
Mayor Ferre: I have a note here that says Mr. Hardwick must leave for a 4
O'Clock meeting. He is on Item 54 - which I'm sure is Federal Revenue Shar-
ing, if you want to make a statement. We're not at Federal Revenue Sharing
and we won't be for a while, but if you need to leave I'd be happy to take you
out of order.
Mr. Hardwick: And I'il come back in case, later.
Mayor Ferre: Yes, sir.
Mr. Hardwick: This is in reference to the Anti -Crime Program that we had that
j we submitted for :50,000. It is not necessarily a new program because we were
funded last year and the year before last for the Anti -Crime Program. We're
concerned with the constant increase in crime that this type of program which
' is trying to coordinate its efforts with other agencies and with businesses,
etc. could be an asset to our community. We feel very strongly not only with
this Anti -Crime Program, but preventative programs generally that they are
urgently needed in our community along with working closely with police and
other law enforcement officials. So, therefore, we are kindly requesting that
you reconsider the cutting of this program and that you give us an opportunity
to run it again for another year.
Mayor Ferre: What is the title of the program? I'm trying to get it on the
sheet here.
Mr. Hardwick: Anti -Crime Program.
Mayor Ferre: That's it, it doesn't have JESCA?
Mr. Hardwick: JESCA's Anti -Crime Program, right.
Mayor Ferre: Elderly Nutrition and Neighborhood Anti -Crime Program $50,000,
right?
Mr. Hardwick: Right.
Mr. Plummer: Is that what was recommended?
Mayor Ferre: No, they're not recommending it. Mr. Hardwick, is that what you
received last year?
Mr. Hardwick: Last year we received $20,000.
Mayor Ferre: All right, I think out of fairness to other people we need to
wait until we get to the whole Federal Revenue issue and if you wish to come
back to that .... We will keep in mind your request and try our best.
RT 71 September 26, 1985
X*
Mr. Hardwick: Okay, thank you.
46 GRANT REQUEST FROM F.I.U. FOR 1,O0U SQUARE FEET OF OFFICE SPACE AT CITY
MUNICIPAL OFFICE BUILDING FOR RELOCATION OF ITS BIOMEDICAL RESEARCH AND
INNOVATION CENTER. EXPRESS COM1415SION CONCERN REGARDING PROPOSED SCHOOL
OF PHARMACY AT F.I.U.
------------ --------- ------
Mayor Ferre: Next, I'm going to take Item 17 out of courtesy to Mr. Ed
Houston, Chairman of our committee, we're taxing out of order. Mr. Houston, I
understand you have not been well and i hope you're feeling better. You look
pretty good.
Mr. Edward Houston: I feel very good, Mr. Mayor. Thank you very much.
hayor Ferre: How is everything up in NOrth Carolina?
Mr. Houston: It is wonderful, but there is nothing like Florida and nothing
like South Florida, as you know.
Mayor Ferre: I wish you would say there's notning like Miami. That would
make us feel a little bit better. It would give you a little edge, let's say
as good as Ft. Lauderdale and Miami, how's that?
Mr. Houston: That's excellent because my business is located in both cities,
as you know. Mayor, Commissioners, the request that we have before you
today, and the specific request on behalf of the negotiating committee is to
make available in the proposed center approximately 1000 square feet to F1U
for moving in, starting with the staff which is now starting to be created for
the Bio-Research Innovative Center.
Mayor Ferre: Mr. Houston, to save you time, are you recommending that?
Mr. Houston: I'm recommending this very strongly and I'm recommending, I
don't want to continuously come before you and recommend something that
doesn't have any dollars attached to it, but we don't have enough of a handle
on it at this point to tell you definitively exactly what the ...
Mr. Dawkins: Mr. Mayor, I'm going to save ail of this. I want to continue
this and I want to continue it until Mr. Wolf sits down with me and Mr. Wolf
explains to me why he wants to put a School of Pharmacy at FIU when we have
a School of Pharmacy at the University of Florida and a School of Pharmacy at
Florida A & M University and when Mr. Wolf becomes sensitive to the Florida A
& 14 School of Pharmacy where whites will go up to Florida A & M, if there is
no School of Pharmacy here then I'm willing to sit down with Mr. Wolf and
anybody else. But until then I'd like to continue this for further informa-
tion.
Mr. Plummer: I second the motion, of course.
Mr. Dawkins: And it has nothing to do with you, sir.
Mr. Houston: I understand, Commissioner.
Mayor Ferre: We didn't mean to cut you off, Ed, I thought that this was going
to be a very simple thing but evidently there are other issues that are
involved and that's fair and I think we need to ...
Mr. Dawkins: And, Mr. Mayor, I'd like to say I'm with the Center a hundred
per cent. We need it and we will not be able to compete without it but Mr.
Wolf has to understand that Dade County is a total community, it is not just
FIU out there by itself.
Mr. Houston: Mr. Commissioner, I'm very sympathetic to what you've just said,
as a matter of fact, I will personally make sure that I call and relay your
message to President Wolf. May I address that just a minute though?
RT 72 September 26, 1985
Mr, Dawkins: Yes, sir.
Mr. Houston: I think I can accomplish what you want to get accomplished but
allow us to move forward with this project.
Mr. Dawkins: All rights sir.
Mr. Houston: What I'm really asking is an allocation of 1,U00 feet out there
for the staff to start moving into. The reason why 1 have asked for that is
that we are not ready to finish the negotiations with President Wolf's group
out there and 1 think that is the place, during the negotiations and at all
meetings 1'11 personally call you to have anything that you want said there.
We've got to come back to this Commission, by the way, before you can enter
into that agreement,
Mr. Dawkins: All right, with that understanding, Mr. Mayor, I will move that
we provide the space necessary, although we don't get no rent or nothing else
for it, and you just said that the City does need to collect money for things,
what it does. But this should be a boom to the City of Miami and I should not
hold you hostage for something I've got against Dr. Wolf, and you're correct,
sir.
Mr. Houston: I don't mind being held hostage but i think you can do it this
way.
Mr. Dawkins: 1'il abide by the will of the majority, I withdraw my...
Mayor Ferre: All right, we all set then? All right. Dawkins moves, Plummer
seconds and we thank you for your time, Mr. Houston, on this and I think we
would all be grateful if you could get the message to Dr. Wolf and Dr.
Cedejo...
Mr. Dawkins: And to Jack Gordon because Jack Gordon is making appropriations.
Mayor Ferre: You might carry the message that this is a problem that we need
to deal with. All right, and we thank you very much. Call the roll on the
motion to approve.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-997
A MOTION GRANTING REQUEST BY J. EDWARD HOUSTON OF FLORIDA
INTERNATIONAL UNIVERSITY (FIU) TO MAKE AVAILABLE A 1,000
SQUARE FEET OF OFFICE SPACE AT THE CITY'S MUNICIPAL JUSTICE
BUILDING IN ORDER FOR FIU TO RELOCATE ITS BIOMEDICAL
RESEARCH AND INNOVATION CENTER; FURTHER EXPRESSING THE
CONCERN OF THE COMMISSION IN CONNECTION WITH THE PROPOSED
OPENING OF A SCHOOL OF PHARMACY IN F1U WHICH IT IS FELT
WOULD BE IN DIRECT COMPETITION WITH UNIVERSITY OF FLORIDA
AND FLORIDA A & M UNIVERSITY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
RT
73
September 26, 1985
5
1
A iii al.r rYYiiYi"wr Wi1�iiGLi i..i"%br-rra r—a�r�r�i16.'i WYiY.il�li —i—ar--r .ii w iir G illiyar —r rlL iw iY+iL� rrrrG
1 47 PROVIDE FOR THE HOLDING OF A NONPARTISAN CITY OF hllAMI PHiXARY ELECTION
AND A LATER GENERAL MUNICIPAL ELECTION TO TAKE PLACE ON NOVE►BER 5 AND
12, 1985.
ari ------------ r---------iii�i—ri��Y�ii�rW—�.
Mr. Plummer: ifir. Mayor, would you like me to rend a resolution?
Mayor Ferret Yes, sir, I would.
Mr. Plummer: A resolution making provisions for holding a non -partisan
primary election for the nomination of candidates for the office of Mayor and
two Commissioners and for holding a later general 1 municipal election unless
all of said offices have been filled in the n3n-partisan primary election.
Providing for the registration of persons qualified to vote in said non-
partisan general election, describing persons qualified to vote in said non-
partisan primary election and said general election; describing the registra-
tion books and records maintained under the provisions of the general iaws of
Florida and Chapter 16 of the City of Miami which ....
Mayor Ferret Is that an ordinance?
;l
Mr. Plummer: No, sir, resolution. ...and desire to use for holding such non-
partisan primary election and such general municipal elections ...
1 Mayor Ferret You don't have to read the whole thing, we get the thrust. I
think Dawkins just moved it as he walked out. Rignt? Plummer seconds.
Further discussion the resolution as presented? Commissionk:r Dawkins, are you
1 still there?
Mr. Dawkins: Yes, sir.
Mayor Ferret Call the roll.
a
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-998
A RESOLUTION MAKING PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY
ELECTION FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF
MAYOR AND TWO COMMISSIONERS AND FOR HOLDING A LATER GENERAL
MUNICIPAL ELECTION UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN
THE NONPARTISAN PRIMARY ELECTION; PROVIDING FOR THE REGISTRATION
=
OF PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN GENERA!,
ELECTION; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID NONPARTISAN
PRIMARY ELECTION AND SAID GENERAL MUNICIPAL ELECTION; DESCRIBING
THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS
OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE
CITY OF MIAMI WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR
HOLDING SUCH NONPARTISAN PRIMARY ELECTION AND SUCH GENERAL
z• 1
'v_y.
MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS
THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT
TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE
CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS
RESOLUTION AND THE PROVISIONS THEREOF.
Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote-
RT 74 September 26, 1955
yU'
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr:
Vice=Mayor Joe Carollo
Mayor Maurice A, Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Note: Although absent during roll call, Vice Mayor Caroilo requested of the
Clerk to be shown voting with the motion.
Mr. Plummer: Mr. Mayor, also in the way of an announcement, because the
Dinner Key Auditorium is occupied for the Boat Show on the day of election,
results will have to be taken at the new Chambers of the Dade County Court-
house and there is no other facility available.
Ms. Hirai: In the new Metro Building, Commissioner.
Mr. Pereira: The County Administration Building.
------------------------------------------------------------------------------
48. EMERGENCY ORD.: AMEND THE ANNUAL APPROPRIATIONS ORD. FOR FISCAL YEAR
ENDING SEPT. )0, 1985 I3Y DECREASING AND INCREASING VARIOUS FUNDS AND/OR
REVENUES TO MAKE ADDITIONAL INTEREST PAYMENTS DURING FY-85, TO INCREASE
MONIES FOR THE CONVENTION CENTER AND MUNICIPAL AUDITORIUM, FUR FUNDING OF
DEFICITS ACCUMULATED IN PRIOR YEARS, TO INCREASE APPROPRIATIONS FUR
RESCUE SERVICES, ETC.
------------------------------------------------------------------------------
Mayor Ferre: The next item before us is Item 20.
AN ORDINANCE ENTITLED-
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 5 AND b OF
ORDINANCE NO. 9901, ADOPTED SEPTEMBER 21, 1964, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER
30., 1985, AS AMENDED BY INCREASING THE APPROPRIATIONS FOR
THE GENERAL OBLIGATION BOND FUND IN THE AMOUNT OF $561,500
AND BY INCREASING REVENUES 1N THE SAME AMOUNT FRUM FY'84 DEBT
SERVICE FUND BALANCE TO PAY FOR $561,500 OF ADDITIONAL INTER-
EST PAYMENTS DURING FY'85 AS A RESULT OF THE RECENT SALE OF
$12,000,OUO IN GENERAL OBLIGATION BOND FUNDS ANTICIPATION
NOTES, BY INCREASING ENTERPRISE FUND REVENUES IN THE AMOUNT
OF $508,400, $238,400 FOR THE CONFERENCE CENTER, AND $270,000
FUR THE MUNICIPAL AUDITORIUM BY INCREASING FY'85
APPROPRIATIONS IN A LIKE AMOUNT, FOR THE PURPOSE OF
APPROPRIATING $258,400 OF ADDITIONAL REVENUE, FOR THE
CONFERENCE CENTER AND FUNDING DEFICITS ACCUMULATED IN PRIOR
YEARS FOR THE MUNICIPAL AUDITORIUM TO BE FUNDED FROM A
CONTRIBUTION FROM THE GENERAL FUND BY INCREASING THE SPECIAL
REVENUE FUND, RESCUE SERVICES, IN THE AMOUNT OF $50,072 FROM
FUND BALANCE, BY INCREASING THE FY'85 APPROPRIATIONS FOR
RESCUE SERVICES IN A LIKE AMOUNT FOR THE PURPOSE OF
PURCHASING TWO (2) BASIC LIFE SUPPORT VANS, BY INCREASING
TRUST AND AGENCY REVENUE PENSION, IN THE AMOUNT OF
$1,120,000, BY INCREASING THE APPROPRIATION FOR PENSION IN A
LIKE AMOUNT FOR THE PURPOSE OF MEETING THE ACTUARIAL
REQUIREMENTS FOR THE SETTLEMENT OF THE PENSION LITIGATIONS
AND TO ADEQUATELY PROVIDE FOR THE PAYMENT TO POLICE AND FIRE
SUPPLEMENTAL PENSION FUNDS, ALSO AUTHORIZING; THE FINANCE
DIRECTOR TO APPROVE AND RECORD IN THE POOLED CASH AND INVEST-
MENTS GROUP OF ACCOUNTS, THE CITY'S PAYMENT OF BANK AND
INVESTMENT RANAGENENT CHARGES IN THE AMOUNT OF $62,000,
RETAIN AND RECORD AS COM14UNITY DEVELOPMENT PROGRAM REVENUE
THE INTEREST EARNED ON H.U.D. FUNDS IN THE AMOUNT OF $224,650
AND ESTABLISH A RESERVE FOR POSSIBLE LOSSES ON INVESTMENTS IN
THE AMOUNT OF $SOO,000; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
RT
75
September 26, 1985
5
j
Was introduced by Commissioner Plummer and
seconded by Commissioner
{
Carollo, for adoption as an emergency measure and
dispensing with the require-
ment of reading same on two separate days, which
was agreed to by the follow=
ing vote -
AYES,. Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor kaurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Carollo, adopted said ordinance by
the following vote-
j
AYES: Commissioner lkiiiler J. Dawxin3
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
a
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE -WAS DESIGNATED ORDINANCE NO. 1OU4).
The CityAttorney, read the ordinance into the
y public
record and an-
nounced that copies were available to the members of the City
Commission and
to the public.
'
--------------------------------------------------- -----------------------
49• SECOND READING ORD.: REGARDING THE PLACEMENT OF NEWSRACKS IN PUBLIC
RIGHTS -OF -WAY IN THE CITY OF MIAKI AND IMPOSING SAFETY
AND AESTHETIC
RESTRICTIONS RELATED THERETO.
------------------------------------------------------------------------------
Mayor Ferre: Take up 21.
Mr. Plummer: Just for your information, Mr. Mayor, I have all
of the fisher-
y
men here, we have negotiated a settlement, whenever they are ready sir, they
are ready. After 21 is fine, I'm just telling you that they're
here.
Mr. Carollo: Is there an attorney representing the newspapers?
Mr. Plummer: Come on, John. Good afternoon.
Mayor Ferre: Would you identify yourself, please?
Mr. Alan Rosenthal: Alan Rosenthal, the firm of of Rosenthal and Yarkin, 3050
Biscayne Boulevard on behalf of the Miami Herald Publishing Company.
Mr. Carollo: Excuse me, sir, one question.
IWi
Mr. Rosenthal: Yes, sir.
Mr. Carollo: Are you a member or a non-member of the non -group?
Mr. Rosenthal: I am not a member.
Mr. Plummer: Do you belong to Tiger Bay?
Mr. Rosenthal: Some times. I understand the Commission is presenting an
ordinance on Second Reading and the Miami Herald has some comments with regard
to that ordinance.
Mr. Plummer: We would love to hear them.
RT 76 September 26, 1985
Y
Mr. Rosenthal: is now the appropriate time'?
Mr. Plummer: Sure.
Mr. Rosenthal: The Niami Herald certainly concedes, as 1 think all of us
would, that ti►e City of Miami. may iegitimately exercise its regulatory powers
in the areas of health, safety, welfare and morals of the people of this
community but it is hard pressed to understand why it is that on a matter in
which the City of Miami has received no complaints from tite public, no com-
plaints from merchants, no complaints from anyone regarding the placement of
news racks in the City of Miami why it is that an ordinance need be passed to
regulate their placement. With all due respect, it is the position of the
Miami Herald that this ordinance is punitive in nature and being passed for
purposes other than ttie regulatory interests of the City of Miami and that for
that reason alone tite ordinance should not be passed. None the less, ...
Mr. Plummer: Excuse me, do you want us to address as you speak or would you
prefer us to wait until you're finished?
14r. Rosenthal: Whatever is your pleasure, Commissioner.
Mr. Plummer: The Mayor said wait until you're finished.
Mr. Rosenthal. None -the -less, the Miami Herald concedes that it is possible
to have an ordinance regulating the placement of newsracks in the City of
Miami and, in fact, we have had discussions with the City Attorney and her
staff to attempt to arrive at a workable solution whereby the City of Miami
f
could appropriately regulate the placement of newsracks in the City of Miami
without impacting upon rights which are protected by the Constitution of the
`
United States. The ordinance that is currently before the Commission on
1
Second Reading is neither a legitimate regulation nor is it Constitutional.
To deal with some of the specifics that point up lack of this ordinance in
terms of legitimacy, the ordinance, for example, provides that no newsrack in
the City of Miami shall exceed 4 feet in height. There is not one newsrack in
the City of Miami today owned by my client that does not exceed 4 feet in
height. In fact, the majority of those racks are 4 feet and 5/dths of an
inch. This has been communicated to the staff. Under the ordinance, as
passed....
Mayor Ferre: it is the 5/8ths that we're worried about.
Mr. Rosenthal: I understand. What this does is point out that we're not
ready for this ordinance. it is possible, 1 suppose, that we could be ready
for this ordinance at some point but clearly it is not ready now, gentlemen.
Beyond that, let me point out, and some of our racks exceed 4 feet and 5/8th
inches as well and some of the racks of some of the other newspapers who are
not represented here today to my knowledge, exceed 4 feet in height. There is
`
no reason to cut it off at 4 feet. There has been no study done, there has
been no request of information as to why it has to be 4 feet and certainly no
one has complained about racks being in excess of 4 feet in height. There is
no harm that has been identified by anyone that would relate to the height
requirement. In fact, the ordinance as originally drafted deals with certain
weight requirements for the racks and that particular ordinance as framed is
precisely the opposite of what it needs to be. The ordinance as framed states
that racks may not weigh more than a certain amount. The problem is with
.
racks that are too light not racks that are too heavy because the racks that
are too lights can fall over on people and can hurt people. For example, the
ordinance provides that all newsracks in the City of Miami must be removed in
the event of a hurricane watch is issued. As we all learned with the recent
I'!
hurricane watch that was issued for Hurricane Elaina, that watch was in effect
for a long period of time, in fact, days prior to the time when Elaina could
Y,
f~
have struck our shores. We can remove every newsrack in the City of Miami
owned by the Miami Herald within 6 hours after receiving notice that there is
a danger. Now, what good reason is there for requiringthe removal of
g g
r,
newsracks when a hurricane watch is issued? Garbage cans aren't removed from
people's back yards when a hurricane watch is issued and those are clearly far
more dangerous than the 686 approximately newsracks that are currently present
in the City of Miami. The ordinance goes far beyond what it needs to. But
r
t,u
let me get to the fundamental problems with this ordinance. This ordinance
imposes a permit requirement for the placement of newsracks in the City of
RT 77 September 26, 1985
OIA
Miami. The permit requirement as listed in this ordinance is unconstitutional
because it imposes a requirement that conditions the distribution of
materials that are protected by the First Amendment. What this means is that
before you can distribute your newspaper i.n +.ne City of Miami you've got to an
administrative official and get a permit and treat is discretionary with that
administrative official. That administrative offici.3i has to review the
requirements that are imposed by this ordinance before that official decides
whether or not the newsrack may be plaited at that iocation. Countless
ordinances that, are similar in affect throughout, the United States in the past
200 years have been found to be unconstitutional. Commissioner Carollo, you
well know this because we challenged the City of Miami Coning Ordinance
dealing with campaign signs, it was found to be unconstitutional for precisely
the same reason.
Mr. Carollo: Alan, since you're bringing up my name clearly in this, like
most editorials that the Miami Herald writes when it is convenient to them and
when it is not convenient to them because it is going to make me look good
then they say the Commission to make sure that my name is not brought out.
But going to the point ....
Mr. Rosenthal: You're the only Commissioner who is here iistening right now,
Joe.
Mr. Carollo: Oh, I'm listening very carefully. I am very very much concerned
with this and 1 want to listen to any and all statements that you have to make
on behalf of your client. You well know, Alan, tnat there is major and
tremendous difference between campaign signs and the Constitutionality on
that particular issue and the one that we're discussing here. It is like
comparing, and excuse my comparison, chicken manure to horse manure - a big
difference.
Mr. Rosenthal: They both smell.
3 Mr. Carollo: You'd better believe it. They both smell, that's why we changed
even more the laws that we presently have on campaign signs. j But that is
' exactly the point that I wanted to make - they both smell and those newsracks
out there under the present system that we have that is a free-for-all cer-
4- tainly smells land is a hazard to the citizens of this community and is
putting this City government in some very tough legal positions.
Mr. Rosenthal: With all due respect, Commissioner, there has not been to my
knowledge one penny paid in liability by the City of Miami based upon the
placement of a newsrack...
Mr. Carollo: Well, you talk, Alan, about that there have been no complaints,
jwell,
Alan, where can people go and complain under the present system? Who is
!
going to listen to them? What happened to the Constitutional rights of that
�a
young boy that in 1980 was killed with a Miami Herald Newsrack? And if you
Y g Y y
`a
like, I'll even bring the picture, even though it is very gross, of the
newsrack full of blood everywhere. Thank God, we didn't have to pay on that
one.
F -
R
Mr. Rosenthal: With all due respect, Commissioner, the fact of the matter is
the Miami Herald has upon occasion throughout history of placing newsracks in
the City and throughout South Florida received complaints regarding the
placement of their newsracks. In every such instance that newsrack has been
removed from that location or better secured.
A
Mr. Carollo: Well, 1 hope that all that is well documented in the Herald's,
you know.
T
Mr. Rosenthal: It is. I cannot speak and will not speak today on behalf of
;
the Editorial Board of the Miami Herald.
p
`.
Mr. Carollo: But again, this is not an issue that is us versus the Miami
w
Herald or visa -versa, this is an issue of what is right and wrong. This is an
issue to protect the people of this City and it is an issue that includes any
-ej
and all newspapers whether they're called the Miami Herald, whether they're
called Pragda, whether they're called whatever they're called. And I guaran-
IJ
rr
tee you that this is going to be something that once it is passed and the
RT 78 September 26, 1985
constitutionality of it is held up by the courts like 1 am sure it will be is
going to spread like prairie fire through the ;Mate and every city government,
every county government is going to pass that same ordinance and this is what
your clients are concerned with.
Mr: Rosenthal: All right. Commissioner, if I may continue on with the
discussion of +.he permits, because similar permits and similar ordinances
have, in fact, been passed by other municipalities and have been uniformly
struck down by the courts as being unconstitutional and we feel confident that
this one will as well.
Mr. Carollo: Alan, I'm sorry, but i think I'm just going to have to show you
this. Now you tell me no legal problems, I'll bet you would have liked to
nave been the attorney representing the family of this poor young boy that was
Killed with this newsrack you see here.
Mr. Rosenthal: With all due respects to the Commissioner, the ordinance as
currently drafted would not have prevented that incident and would not prevent
similar incidents when a vehicle strikes a newsrack that is on the street any
more so than ...
Mr. Carollo: No, that wasn't a vehicle that struck that newsrack, that was a
newsrack that was picked up by two young men and thrown over the head of that
victim.
Fir. Rosenthal: Okay. The slab that is currently locatea in most of the
newsracks, and as a matter of fact, the Miami Herald newsracks weigh a certain
amount so that they will not be able to be picked up, whether that was in
response to that particular incident, I really don't know, but I can tell you
Mr. Carollo: Let me ask you this: Are you going to tell us that we should
not have a law that would guarantee some insurance on those newsracks so in
case any kind of incidents happen with those newsracks the City of Miami would
not be liable?
Mr. Rosenthal: Commissioner, not only does the Herald agree that the City has
the right to provide for such insurance and indemnification, but in our
conversations with the City Attorney we have provided proof of treat insurance
and would be happy to provide proof of such insurance to indemnify the City of
Miami for any loss in connection with the placement of newsracks. As I said,
the ordinance as drafted is in almost all respects not only acceptable to the
Miami Herald, but a good ordinance, one that lawfully regulates in an area in
which the City of Miami has a right to regulate. The only thing that I'm
talking about is let's give a little consideration to a couple of the areas
where the ordinance,in our opinion, is unconstitutional, does not address some
of the problems that you're concerned about, Commissioner, you're concerned
about some very legitimate problems. The ordinance addresses some of those
problems. Our position is that the ordinance does more than that and it does
so unnecessarily. If 1 could conclude my remarks regarding those particular
elements of the ordinance, perhaps it would be the Commission's pleasure to
maybe give us a little more time to come up with an ordinance that would
accomplish your objectives of preventing, where possible, injuries from the
placement of those newsracks and still accommodate legitimate First Amendment
interests of those who are distributing newspapers. And I would point out
that the Miami Herald is not the only organization that has newsracks, the
Miami News has a large number of newsracks, diario Las Americas has currently
in excess of 250 newsracks, most of which would not comply with the require-
ments of this ordinance as currently drafted.
Mr. Carollo: Well, again, A1, you keep saying would not comply, well, I with
the City Attorney together with my administrative assistant, Henry Jackson,
were out there measuring the newsracks that we have in front of City Hall
which are the same typical newsracks that all these papers that you have
mentioned here have.
Mr. Rosenthal: There are other types, Commissioner.
Mr. Carollo: Well, these are the main ones that have the bulk of the type of
newsracks that they have.
RT 79 September 26, 1985
0
Mr. Rosenthal: But I'm talking about .in terms of tree cleanliness.
Mr. Caroilo: Mr. Jackson helped us measure those newsracks and the measure-
ments that he gave us that we verified came to 4 feet or under 4 feet for the
Miami Herald, the .Miami News and Diarios. So i don't understand, maybe you're
using Dan Paul's measuring tape, i Know it is quite strange, stranger than
some of the ones we use maybe, but what we measured out there, the three of us
came to 4 feet or under 4 feet.
i
a
Mr. Rosenthal: Commissioner, 1 suppose it is possible,and 1 haven't measured
the ones outside. All 1 can do is make reference to the catalog from which
the Miami Herald purchases its newsracks and the standard size for that type
of newsrack, 1 believe it is called the K—bu...
Mr. Carollo: Alan, would you like to go with me now? We'll get a measuring
tape and go measure them and come back here?
Mr. Rosenthal: They may very well be 4 feet. Okay? i can't dispute it.
Mr. Carol.Lo: You came over nere making a statement, 1 am telling you that
those there are 4 feet or less.
Mr. Rosenthal: Joe, the Miami
Herald may nave one or two newsracks
out
there
' of over ....
} Mr. Carollo: No, this is not
one or two. These are the size of
the
vast
majority of the newsracks for
the Miami Herald, the Miami News and
Diarios.
In fact, I would go as far as
saying that the size that they have
out
there
probably is the size of 90,o
at least of all the newsracks that
ail
those
newspapers have.
Mr. Rosenthal: I cannot dispute you, Commissioner, with regard to the news -
racks that are out front of Dinner Key. Ail I can do is rely in the first
instance on the standard specifications of the newsracks that we purchase. We
currently have within the City of Miami close to 650 newsracks that the Miami
Herald has. I don't know what the measurements are for the Miami News racks,
the U.S.A. Today, the New York Times, Miami....
Mr. Carollo: Well, I'm telling you that Miami Herald comes to 4 feet or under
as we measure it and if your distributor is charging you for bigger newsracks
then you'd best take him to court, sir because he is taking you.
Mr. Rosenthal: Well, we're going to make sure we get that 5/8th of an inch if
we're entitled to it. 5/8th of an inch can matter a lot at times.
Mr. Carollo: Before Dan Paul beats you to it.
v�v
�
Mr. Rosenthal: Commissioner, the fact of the matter is that there are other
requirements on these newsracks other than the height. I don't know whether
the newsracks of Diario Las Americas, Miami Times, Miami Review and all of the
x ,
other newspapers that distribute through these racks meet the requirements.
`
There are other requirements, cleanliness, that the plastic be clear and the
Miami Herald doesn't have any problem with those requirements. In fact, one
t
of the alternatives that we could perhaps suggest to the Commission deals with
'
the feed that has been discussed. I might suggest to you that a remedy for
violators of this ordinance might be a heavy fine that could be imposed for
F`
those people that violate the ordinance because you see, the Miami Herald's
'.
independent distributors and maybe that's not entirely clear, the Miami Herald
r�
doesn't distribute directly through those newsracks, the Miami Herald has
s
contractual relationships with independent distributors who place those
newsracks throughout the City and throughout the County. They have, it is in
their economic interest to maintain their newsracks in a clean condition. In
fact, they normally speaking don't wait to be told that their newsracks are
unkempt, untidy, they bring them to the Miami Herald to be cleaned on a
regular basis to make sure that their business does well because their racks
look good. So it is in their best interest and the Miami Herald would have no
objection whatsoever to an ordinance...
RT bQ September 26, 1985
I
Mr. Carollo: Are you trying to tell us that file business of their newsracks
depends on how good the newsracks look?
I4r. Rosenthal-. Certainly that is an element of it, absolutely. Absolutely.
Mayor Ferre: 14r. Rosenthal, 1 asked Commissioner Plummer not to ask questions
until you finished your statement and out of courtesy to Plummer, if we're
going to be going back and forth - are you finished?
IYIr. Rosenthal: I just have a few more remarks.
Mayor Ferre: Weil, why don't we just iet him finish and then we can asx
questions.
Mr. Rosenthal-. The permit, as listed, provides too much discretion. it is an
unconstitutional infringement of rights that are protected by the First
Amendment. Now, I may not like it, you may not like it, somebody else might
not like it but the United States Supreme Court has decided that question a
long time ago and many times since that the permit established by this ordi-
nance would be unconstitutional. Now, in addition to that, the ordinance
imposes a fee and that fee is based on a pet, rack charge and it is allegedly,
in any event, tied to the cost of enforcing this ordinance. this ordinance
would provide that every newsrack in the City of Miami would be inspected
twice a year and I wonder how many other things that are supposed to be
inspected by the City of Miami, Dade County, the State of Florida ana every-
thing else get inspected that often when there is iio problem that requires
such an inspection.
Mr. Carollo: A heck of a lot, in fact, I'll give you a prime example of one.
The inspector that inspects if you have garbage out or not in front of your
house, he comes by my house, by Ferre's, by Plummer's every two or three days.
Mayor Ferre: And cites me.
Mr. Carollo: Yes. 1 could go on and on and on giving you ex examples of
things that we inspect quite regularly.
Mr. Rosenthal. I understand.
Mr. Carollo: I just want to help you out so when we go to court you do not
waste time, Alan.
Mr. Rosenthal: Okay. Let me point out that the fee tnat is being charged for
those folks that want the Miami Herald to incur fees is not going to be paid
by the Miami Herald, it is going to be paid by the independent distributors
and so if there is an effort to run up the tab for the Miami Herald this won't
do it.
Mr. Carollo: Alan, is $7.16 a year for a newsrack. It won't break the Miami
Herald or any kind of distributor. Come on now, Alan. You know the only
reason we're charging $7.16 is because that's all that we require to hire
people as the Constitution requires, as the law states, to enforce the ordi-
nance that we're passing. if it weren't that we require this we wouldn't even
charge that. We're requiring that so that the City would not incur any
additional expense.
Mr. Rosenthal: i understand, and that fee, if carried out around the State of
Florida for Miami Herald newsracks that are currently located within the State
of Florida, if adopted by every other municipality would cost about $10U,000 a
year. You know, to a company of that size I'm certain that it is not going to
threaten their bottom line. However ...
Mr. Carollo: I'm sure not, when Alvah Chapman makes $700,000 a year, Dick
Capon makes $550,000 a year and bonuses and all the other top executives makes
hundreds of thousands of dollars in salaries that is not going to hurt them.
So you know, I'm glad that we've established that that that is an amount that
is not going to be a financial burden on the Miami Herald or any newspaper.
' Mr. Rosenthal: It would be a financial burden and that is precisely why,
Commissioner, the courts of our country have struck down provisions of this
TMn3:
type routinely.
RT 81 September 26, 1985
Mr. Carollo: Alan, they're spending more on you here right now than they're
going to spend in a whole year in paying for these fees for these newsracks.
Mr, Rosenthal: Thank you for the compliment, Commissioner, but let me
conclude by pointing out that the Miami herald is currently engaged in litiga-
tion with the City of Hallandale, Florida, which has been pending for four
years now regarding a similar ordinance. 1 think it is fair to assume that
the same thing will ensue here because the Miami Herald has demonstrated
repeatedly that when there is encroachment upon First Amendment protected
rights it has o choice.
z
Mayor Ferre: Hallanda.Le, did you say?
i Mr. Rosenthal: Yes, sir.
I Mayor Ferre: Is that before the Supreme Court of Florida?
Mr. Rosenthal: it is currently pending in the trial court after remand from
the 11th Circuit.
Mayor Ferre: State Court?
Ar. Rosenthal: Yes, this is 6tote Court.
Mayor Ferre: Have you looked dt tnat iawsuit'? Go aneact.
1,1r. Hosenthal: So what I'm suggesting is that it is possible, it is, in fact,
likely that given the opportunity to formulate an ordinance ttiat will meet the
legitimate concerns of the City of Miami and accommodate the equally legiti-
mate First Amendment concerns of Xiami Herald and other newspaper distributors
it seems unwise at this point to go forward with an ordinance that will result
surely in years of costly litigation - and cost not only to the ;Miami Herald,
costly to the people of the City of Miami as well, when we have an opportunity
to arrive at an ordinance tnat will make everybody happy and certainly regu-
late appropriately for the City of Miami and so I would urge the Commission
to, at the very least, defer action on this ordinance to give the City Attor-
ney an opportunity to work with the newspaper distributors and formulate an
ordinance that will accomplish legitimate objectives of this Commission and
still protect fundamental First Amendment interests.
Mayor Ferre: Ail right, thank you, counselor.
Mr. Rosenthal: Thank you very much. If there any questions, I'll be happy .
Mayor Ferre: Commissioner Plummer?
Mr. Plummer: Mr. Mayor, all I want to put on the record was a few comments
that he made that I thought needed some correction. Why is the City doing
this, you know, the City is doing this for a simple reason. We were shown by
the Department, Alan, which you did not have the opportunity to see, many
areas in which there has been an indiscretionary type of placement of these
things where you just could not move. It impedes pedestrian flow. And I
think that is bad and we all agree upon that. You can't control the other
papers and they can't control you and unfortunately there are some corners in
this town, and especially in the downtown area that are more popular for the
sale of papers than others. So I think there is the need that there should be
a maximum amount of these things that can be placed on a given corner, there
should be distance requirements that they don't impede like they are presently
doing. As far as the height is concerned, I think that the reason that that
was placed in in here, that most of these things exist on street corners, to
my knowledge, and it does create a problem when you get above that footage or
some reasonable footage as to a vehicle traveling and going around a corner
that his line of sight is impaired. And I think that if you don't have a
maximum, I may not agree with the 4 foot or 4 and 5/8ths, but imagine if they
put up a 6 or 8 foot it could completely block the line of sight of an automo-
bile from safely maneuvering a turn. And as far as removing them during the
hurricane, I'm not an expert as to whether it is out on the hurricane watch or
when but let me tell you something, out of complete cooperation we have always
had the dumpsters, not only the City owned dumpsters but the private, we have
HT 82 September 26, 1985
it
0
Or
made them go out and secure or remove those so that they don't become flying
objects. So these are just some of the +.pings that I think needed to be added
to the record in the why.
Mr. Carollo: Not only dumpsters, but inciuding billboard faces go down.
Mr. Rosenthal: Commissioner, if 1 may address those comments, I agree totally
and we don't have any problems with those portions of the ordinance. The City
of Miami has a right and has a responsibility to protect the safety of its
citizens and those portions of the ordinance accomplish that. We don't have
any objections to those. We have worked with the administration to make sure
that, in fact, this ordinance will meet those concerns of the Commission. But
this ordinance goes beyond that. The requirements for the permit and the fee,
while not addressing the issues of safety at, all, are a fundamental concern to
the Miami Herald because of the permitting requirements they create a prece-
dent, they set, a standard that no newspaper distribution system ...
Mr. Plummer: Aian, I understand what you're saying. Aii right? And i don't
agree with you. I think this City has permits issued on ail vending machines
whether it is cigarette vending, Coca-Cola vending ...
Mr. Rosenthal: But there is a difference, Commissioner.
Mr. Plummer: But .it is still a permit fee for a vending machine.
Mr. Rosenthal: There is a difference and the difference is that candy ma-
chines, Coke machines, all other kind of vending machines don't have an
amendment and newspapers do. We may not like that, there are some people that
don't tnink there ought to be a First Amendment but it is that First Amendment
that has caused the United States Supreme Court repeatedly to strike down
similar fees.
Mr. Plummer: Well, we disagree.
Mr. Carollo: Alan, I think there should be a First Amendment, that's why I
have always defended the Constitution so much, unlike some of these people
that you're defending that they have done just the opposite sometimes and
defended those that want to destroy our Constitution and our way of life. But
what appalls me is that you're here trying to tell me that the Constitution
gives immunity to all newspapers to do as they please. The Constitution in
this here United States gives certain rights and guarantees to the media. We
have ao right, as some other countries do, to interfere with a newspaper in
what they can write or not, but to try to make it even more simpler for the
people that are here today, what do you think would happen if any of us right
now decided that we wanted to have a vending machine to sell tissue paper?
You know, that's something that's used also. And we're going to go ahead and
every street corner we're going to put a vending machine for tissue papers,
tie that around with a chain on private private property, drill huge holes
into our concrete so we could screw those machines in there and block pedes-
trian traffic in many areas with those machines. I guarantee you that the
first ones that would be coming out here condemning us and to throw us in jail
and probably using Mr. Rosenthal to represent them, would be some of these
same people that are here saying that they have constitutional rights. Well,
that's not the case, Alan, you have certain Constitutional rights but you
don't have Constitutional rights to do as you please.
Mr. Rosenthal: I agree with you, Commissioner, I absolutely agree with you.
You know that.
Mr. Carollo: I think that you have made some statements here that should be
challenged in court and I welcome that challenge, in fact, there is no doubt
in my mind that this is going to go all the way to the Supreme Court of the
United States and I hope it does because there is where it is finally going to
get cleared up super super clear and I'm sure that this Supreme Court is going
to back the actions of this Commission and hundreds of other cities across the
State.
Mayor Ferre: Miami Herald Vs. Carollo,et at;
constitutional history
we are going to make
RT
S.)
September 26, 1985
Ivir. Rosenthal: It seems unnecessary when we agree, see, the arguments that
you keep pointing to of obstructing traffic, of nailing them into sidewalks
3 are all things that we don't have any disagreement. on. We agree with the
ability to regulate there.
f
Mr. Plummer: I have one more point. !Madam City Attorney, I have a question
about any vending machines regardless of the company using public right -of=
way. Now, normally this City has always had a franchise with any company that
uses public right-of-way. How can any company go forth using the public
right--of-ways without paying the City a franchise fee?
Mrs. Dougherty: Precisely because of what Mr. Roserittial was talKing about,
the First Amendment. They have the absolute right to aistribute newspapers
that is clear.
Mr. Plummer: I understand their rights to distribute newspapers and the
difference is if they don't have a macnine they can still distribute, we're
not impeding them their right to distribute their paper.
Mr. Carollo: J. L., if I could clear up something real briefly. YOU Know,
when I made a previous statement, Man lixed to try laugh it off like it
wasn't true. Well, Alan, you said that the client that you represent has
approximately 650 vending machines and newsracks out in our streets in the
j City of Miami? Is that about right, b5O?
Mr. Rosenthai: That may include all of Dade County, Commissioner.
Mr. Carollo: A11 of Dade County, well....
Mr. Rosenthal: I believe it is 650, correct.
Mr. Carollo: Well, Alan, based on b50 and a yearly fee of $7.106 tnat only
comes to $4,654.
Mr. Rosenthal: That's correct.
l
Mr. Carollo: Now, when I made the statement that it is costing them much more
to have you here than what it is going to cost them for a yearly fee, you well
know I'm right because since you brought up the fact that you have represented
me in another case, it is public record that I spent around $7,000 or more in
attorneys fees with you while you represented my case and you spent a heck of
a lot less hours than you have already in this plus it was for far less a
significance than what you're trying to accomplish now. So I'm sure if I paid
$7,000 I hate to see what the Herald is paying.
Mr. Rosenthal: We won though, Commissioner.
t.W
Mayor Ferre: Are we finished now? 1 would like to get into some...
�a
Mr. Carollo: I always win Alan.
Mr. Rosenthal: I would like to urge the Commission, if I could, before I
x,
f
:Y
close ...
r kr}�ji.
•,..
yA'
Mayor Ferre: I have some questions, I've been very quietly waiting my turn.
r,•
•:
Mr. Rosenthal: Yes, your honor.
-
I+iayor Ferre: Madam City Attorney, have you looked at the Constitutional
question?
�.
Mrs. Dougherty: Yes, sir, Mr. Mayor.
ter.,
Mayor Ferre: Are you satisfied that this will meet the test of
T.;
Constitutionality?
'
Mrs. Dougherty: Mr. Mayor, I believe that this ordinance is totally defend-
able and the reason for that is it does not, unlike what Mr. Rosenthal says,
it does not leave any discretion within the people who are permitting these
vendors. If they meet the criteria for the newspaper vending machines they
HT 84 September 26, 1985
are issued a permit automatically. Not only that, but they have a right to
appeal if +hey decide that the administrator is wrong. So in my view it
#
leaves no discretion and in that very narrow area we can require them to be
a
issued a permit and charge a fee based on the cost of regulation.
Mayor Ferret All right, Madam City Attorney, is this something that you have
looked at alone or have you had other people of staff or other people....
Mrs. Dougherty: I've had staff look at it and other....
Mayor Ferre: Do you have people who have some knowledge of Constitutional
'
issues?
Mrs. Dougherty: Yes, sir.
Kayor Ferre: First Amendment issues look at .it?
Mrs. Dougherty: Yes, sir.
d
Mayor Ferre: all right, now let me ask you this. .is this ordinance different
from the Hallandaie ordinance?
k rs. Dougherty: Yes, it is.
Mayor Ferre: In your opinion do you think this is a stronger ordinance
because of the elements you just outlined?
Mrs. Dougherty: 1 think it is more defendable, yes.
Mayor Ferre: Is there any other ordinance anywhere in any other governmental
entity in the United States that you've been able to find out that has a
similar ordinance?
Mrs. Dougherty: There are many ordinances that are similar in terms of the
regulation. I don't know of any that have the permit requirement in the
method that I have just outlined.
u."
Mayor Ferre: Well, let me rephrase my question. is there any, are you aware
of any other governmental entity in the United ,States of America, amongst the
15,000 local governments where there exists ordinances where there is some
>:
sort of reasonable regulation?
Mrs. Dougherty: Yes, sir, many.
Mayor Ferre: So in other words we're not re -inventing the wheel.
�Y
h
Mrs. Dougherty: No. The regulations are not re -inventing the wheel and I
�ti_;•,�,_
think Mr. Rosenthal would admit that.
-`# Mayor Ferre: This is something that is within the realm of reasonableness.
Mrs. Dougherty: Yes, sir.
Mayor Ferre: Now let me ask you this. If tomorrow Channel 4 and Mr. Michael
3
} Putney and the others at Channel 4 decided that they wanted the people of
Miami to be well informed as to what investigative reporting they would be
doing and whose side they're on or whatever it is that they want to put out
and they were to install television stations on our streets to inform the
people of Miami would they be able to indiscriminately go out in the middle of
t
the sidewalks and drill holes and put up very thin little tubes now so that
' they wouldn't hurt anybody and put televisions 4 feet up in the air with
special lock mechanisms so that nobody could turn it or do anything but people
would have the availability to avail themselves of this very important source
of news. Could a television station do that?
Mrs. Dougherty: Mr. Mayor, I would have to say if there was a mechanism for
them to do it without obstructing traffic, without damaging City or other
personal and private property they probably could do it.
RT 85 September 26, 1985
0
t
y4y::
Mayor Ferre: They could just go out and drill tioies in the sidewalks and put
UP ...
Mrs. Dougherty: No, no, without destroying public or private property, if
there was a method for them. 1 aon't know of a method for them to be able to
do that.
Mayor Ferre: Well, what is the difference between somebody putting up a box
where you can buy newspapers acid somebody putting a box where you can watch
the news? What is the difference?
Mrs. Dougherty: That's what I'm saying, i don't know a difference in that
respect.
Mayor Ferre: Would it be fair for us to regulate them?
Mrs. Dougherty: Yes, of course. Absolutely. Idow, would it be fair for us to
tax them? No. Or charge a fee? No. But to regulate, yes.
Mayor Ferre: Now, is that what basically we're doing here'?
Mrs. Dougherty: Yes.
Mayor Ferre: That's what we're doing.
Mrs. Dougherty: Yes.
Mayor Ferre: Okay. So 1 don't think I have any other questions. 1 do have a
statement to make, and you, you are one of the best attorneys in this town,
and I don't need to give you any gratuitous ... The thing that bothers me,
Alan, and I want to say it on the record. The thing that bothers me is that
the Miami Herald has never used you as an attorney before this time.
Mr. Rosenthal: Once.
Mayor Ferre: They used you once.
Mr. Rosenthal: Yes, sir.
Mayor Ferre: Now they're using you today and I'm not knocking you, you've got
a right , you are a professional, you have a right to earn a living. Any
attorney in this town would love to have the Miami Herald as a client and that
is fine, I've got no problems with you doing what you're doing. You're doing
what comes natural to you as a qualified ambitious top knowledgeable winning
attorney, But you and I know, and I want to put this on the record because I
want to do this as a challenge to the Miami Herald. I want to see the Miami
Herald's sincerity because beyond today when you go to court and the Miami
Herald does not use you as an attorney but reverts back to Dan Paul and Parker
Thomnpson and the people that they usually and traditionally use, then in my
opinion the Miami Herald's intentions in using you was in the very same vein
or venure that the Miami Herald accuses us of doing here and that is playing
politics. See, what is happening now is the Miami Herald's toes are being
stepped on. So now they have gotten into the game and that ... And I hope
I'm wrong and I hope they'll prove me wrong by using your services as a First
Amendment attorney that you are and you proved it with Carollo when you went
and defended him. Now, I don't expect any answer or comments from you, I just
want to put that on the record because the odds, the probabilities are that
they're not going to use you beyond today and that you're just here for
political expediency reasons. They're paying you your fee, you're getting
well paid, you've done the right thing, I've got no problems with that but I
am just questioning what the next step is from the Miami Herald's point of
view. I want to say that I've got no problems with this ordinance, and if
Commissioner Carollo who is the author of this moves this I'm going to be
voting with Commissioner Carollo on it on the premise that I think it is
according to our City Attorney both Constitutional and reasonable. Now, there
is one legal approach that I would like to ask the City Attorney and then I'm
finished. I want to make sure that we do not lose this. Is there any way
that we can separate the $7.00 fee issue from the rest of the issue so that,
or can you defend it best as a unified unit?
RT 86 September 26, 1985
OF
Mrs. Dougherty: I don't Know any way for you to make two separate ordinances
s for its but 14ll tell you what we do have is a severability clause within the
ordinance itself so if one portion of it is found unconstitutional the rest
will remain.
Mayor Ferre: Okay, in other words what you're saying is there is no need to
separate it because if a portion of it is found to be unconstitutional the
rest of it, so that, for example, if the issue of the :v7.0U fee is attacked...
Mrs. Dougherty: We would still have tine regulations in place.
Mayor Terre: 1 understand. 1 have no further statements or questions.
Mr. Carobs: Mr. i4ayor, I rea.ily hadn't thought about the statement that you
just made but 1 would certainly hope, at least it would be shocking to me to
think that the Miami Herald would have retained a very competent attorney as
I�r. Rosenthal because of his friendship with me or maybe thinking that he
could influence me where others could not. I would find that hard to believe
but, you know, you did give me something to think about. We'll see if they
retained Alan or not. i think the challenge that you gave them, if they're
really sincere they will retain Alan as their attorney throughout this fight
and not the typical people they have used in the past. What I would like to
do is, and Alan knows that we have bent ourselves backwards in order to please
his clients in coming out to a reasonable ordinance but he made some
statements here that I again would like to help them so we can't say we're
unreasonable. He says that the newsracks are 4 feet and 5/dth inches tall.
j Those are the statements that he made. We stated that tciey were 4 feet or
less. Well, I would like to amend that part of the ordinance to make the
height 4 feet 1 inch. This way, you know, we're even giving them a little
more slack so that they have no problems in meeting the new ordinance. You
said 4 and 5/8ths, we're going to amend that to 4 feet and 1 inch.
Mayor Ferre: We're giving you 5/6ths of an inch of a doubt.
Mr. Plummer: Madam City Attorney, is that a substantive change?
Mrs. Dougherty: No, sir.
Mr. Carollo: Another change that I would like to make is that instead of
1 having as we do now a maximum weight, change the amount that we have to a
minimum weight up.
Mayor Ferre: I think that is more reasonable.
Mr. Carollo: I think that is much more reasonable. One of the other things
that he mentioned was about the hurricane watch. You know, living in a place
like south Florida, I don't know, we might be able to re -look at that but I
would feel better in letting a judge decide that one. So those are the two
changes that I would like to make and, of course, the $7.16, we need that to
pay for the new employees that we will hire that are going to enforce this new
ordinance. Otherwise, we wouldn't charge you a penny.
Mr. Rosenthal: I feel certain that the people of the City of Miami will feel
safer knowing that those employees will be inspecting their newsracks and
z
while I appreciate the efforts of the City Commission to encourage private
companies in this community to retain me as their legal counsel, please be
#,
aware that I have been practicing law in the area of media law and First
Amendment interests for 9 years and I would think that neither the Miami
Herald nor anyone else would think that I or any other lawyer can guarantee,
deliverr, P Y hope for or influence beyond the merits of the conversation the vote
of any Commissioner here or anywhere else.
Mr. Carollo: Alan, there is no question in anybody's mind on this Commission
of your legal experience with the media. I feel very comfortable in knowing
that you have ample expertise in the law as it deals with media law.
nj
Mayor Ferre: We'll just see if the Herald feels as strongly as we do.
Mr. Carollo: One other suggestion that I could have to show just how reasona-
ble we could be, I would be more than happy to meet with you or any of your
RT 87 September 26, 1985
clients and work ou+ the wording to place a referendum on the ballot at the
i
next available election so that the people of Miami could decide to is also. 1
would be very happy to do that; Alan. You know, as you recall, the last time
+,plat we discussed something of this nature in putting on the ballot another
referendum, this one in the form of a straw ballot question whereas we wanted
to ask the people of Miami if the revenue the newspapers on advertising should
be taxed or not the Miami Herald, I mean they called everybody in the world.
1 was receiving phone calls from Washington, D. C. and down, they were calling
z
all the advertisers and meeting just because they don't want to have to pay
j
taxes on the millions upon millions of dollars that they make on their
advertising revenue, but that's all right, the rest off us peons can go ahead
r
and pay for that.
Mayor Ferre: Excuse me for a moment, Commissioner, we have a note here that
there are an awful lot of people here that are service agency directors that
must be at the United Way fleeting at 4:00 P.M. The question is some requested
this item be deferred. flr. Manager, can we defer? The Federal Revenue
Sharing. How many of you here need to go to that United Way bearing? The two
of you. Well, Carole Anne... All right, I won't get into an argument with
you. There are two here.
s
Mr. Plummer: I move that ttie item be deferred.
Mayor Ferre: Is there any problem with that?
fir. Pereira: Mr. fiayor, yes.
Mayor Ferre: We have to pass 1/12th, is that it?
Mr. Pereira: Well, there won't be any funding, all of these contracts are
over at the end of the month and the new fiscal year starts October 1st. You
have to pass 1/12th.
Mr. Plummer: I don't want to pass 1/12th because then we're locked in and
some of these people are going to be locked out. I mean that is obvious, we
have less money. So I don't want to give them 1/12th and have them give any
false hope.
Mayor Ferre: You'll have to wait. Those of you that have to go to your United
J Way Meetings go to your United Way Ieetings. A11 right, Alan, anything else
you want to add?
Mr. Rosenthal: I think it has all been said, your honor.
Mr. Carollo: Alan, let me say this to you on the record. I know what a
powerful, you know, monopoly I'm going up against, you know, I know the power
4
that the Miami Herald has and some of the executives that work for that
paper...
Mr. Rosenthal: I believe it is called Strong Newspaper Government.
Mr. Carolio: You'd better believe it, it is a Strong Newspaper form of
Government. I was the father of that statement and I'll stand by it. You
k
know, I know that I'm just one little old Commissioner that it is very hard to
stand p to the powerful Miami Herald and their millions upon millions of
dollars and they can attack me and try to tear me to pieces every day in their
newspapers, they can throw scores of reporters to investigate me while I can
only throw maybe five or six investigators to maybe do the same but, you know,
I'm willing to stand by what 1 think is right and honorable for the people of
r;
this City and just like nobody has the right to be above the law, neither does
the Miami Herald or any other newspaper or powerful corporation that's for
Profit.
Mr. Rosenthal: Your honor, if I
could just close with these comments.
The
"
Miami Herald believes, and we conceded at the beginning, that the legitimate
4u_
concerns of this Commission for
the safety and welfare of its citizens
can
r`.
result in appropriate regulation
of the placements of newsracks within
the
b
City of Miami. We concede that.
What we have urged this Commission to do is
'
consider the fact that it implement an ordinance that doesn't interfere
with
to
legitimate and Constitutionally
protected activity which includes
the
RT 88 September 26, 1985
distribution of newspapers on the streets of this City through newsracks. 1
believe that this ordinance unconstitutionally interferes with that right and
that is why I urge this Commission to consider regulation which will not do
than to consider regulation which wiii provide for a system that will put
quality newsracks on the street in locations that will not interfere with the
safety and the welfare of the citizens of this community. No one is
i interested in doing that, but, it is not necessary to require the permit and it
is not necessary to require the per rack fee that has been i.mptemented by this
ordinance. Beyond that, we could have an ordinance that would be acceptable
to everybody, it is not necessary to have those two elements in order to
accomplish the legitimate needs of the City of Miami and I would urge the
Commission to adopt an ordinance without those two provisions.
Mr. Carollo: Again Alan, it would only cost your client some -64,654 a year to
pay for all the permit fees that it would cost us to regulate them. They are
spending far more in than that in hiring you here today which shows us that
that is really not going to be the hardship on them that you might be alleging
that it will be.
Mr. Rosenthal: Sometimes it .is the principle. Tile principle is important and
the Miami Herald has demonstrated repeatedly that it is.
Mr. Carollo: 1 hope you remember that and your clients too tnat there are
some people that would rather risk everything for principle. There are some
that still believe in the oath and the word that the founding fathers of this
Country took when they created this great, nation of our's that they would be
willing to give up everything - their lives,, their fortunes for this country
and some did. And there are some today that are still willing to risk it all
for principle but are not for sale like some others.
Mayor Ferre: All right, are we ready to make a motion?
Mr. Carollo: Mr. Mayor, I make a motion to approve this on Second Reading
with the two amendments that we made.
Mrs. Dougherty; Let me read the amendments. They are on page 10. �A) is
that each newsrack shall be no more than 4 feet 1 incn in neight, j6 inches
wide and 2 feet in depth and �C) shall now read, "No newsrack or group of
attached newsracks allowed under this ordinance shall weigh in the aggregate
not less than 100 pounds when empty."
Mr. Plummer: Commissioner Carollo, I'm going to second the motion but let
me
ask for clarification. Madam City Attorney, as I stated before, my concern
of
the height is not necessarily 4 foot 1 or 4 foot 5/8th of an inch. Would
we
not be smart to put in there that no newspaper racks shall be placed at
an
intersection that impedes or visually obstructs the cars right-of-way, not
to
exceed 4 foot 1?
Mrs. Dougherty: We have in there a sight triangle regulation already.
Mr. Plummer: It's in there, thank you.
7'.
Mrs. Dougherty: Let me just read this last one again. No newsrack or group
t
of newsracks attached newsracks allowed under this ordinance shall weigh
in
the aggregate less than 100 pounds when empty.
s;t
HT b9 September 26, 1985
{
AN ORDINANCE ENTITLED=
AN ORDINANCE REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC
RIGHTS' -OF -WAY IN THE CITY OF MIAMI AND iMPWAG SAFETY AIVll
AESTHETIC RESTRICTIONS RELATED THERETO; PROVIDING A
STATEMENT OF PURPOSE; PRUVi.DiNG TttAT SAID ORDINANCE SHALL
i
BECOME EFFECTIVE UPON ADOPTION WITH THE PROV1610N6 THEREOF
BEING OPERATIVE UPON ALL SUCH EXISTING AND FUTURE N&WSRACKS;
ESTABLISHING DEFINITIONS; ESTABLISHING STANDARDS FOR
OPERATiOAt PLACEMENT AND iN6TALLATiON OF NEWSRACKS;
?.
PROVIDING FOR REMOVAL OF NEWSRACKS; ESTABLISHING PROCEDURES
FOR HEARINGS 014 ViOLATiONB; REQUIRING A PERMIT AdD PAYMENT
OF A PERKiT FEE; REQUIRING iNSURANCE AND iNDEKNiFICATION;
PROV1D.iNG FOR SEVERABibiTY; 1NCLU6iUN 1N THE CODE OF THE
CITY OF KiAM.i, FLORIDA; AND, UPON ADOPTION OF THIS
ORDINANCE, iNSTRUCTiNG THE CITY KANAGER TO SE14D A COPY OF
THIS ORDINANCE, TO THE D16TRIBUTOR OF EACH NEWSPAPER,
KAGAZiNE OF OTHER NEWS PERIODICAL PLACED IN NEWSRACKS W1THiN
THE CITY.
passed on its first reading by title at the meeting of September 26,1985 was
taxen up for its second and final reading by title and aaoption. On motion of
Commissioner Carollo, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and aaopted
by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
z
Mayor Maurice A. Ferre
4
NOES: None.
S
ABSENT: Commissioner Demetrio Perez, Jr.
{
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10044
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Carollo: Alan, thank you for your opinion and just some final words to
your clients, when they meet with their other allies, every mouth in the mafia
-A
clan they have that they call the non -group, when they meet trying to decide
how to retaliate just tell them this Commissioner would like to remind them of
the story of David versus Goliath. Not always does the giant win.
..
Mr. Rosenthal: Commissioner, you know I am not privy to those discussions.
Mayor Ferre: You know, I looked up in the dictionary and I'll tell you the
word I got.
ts'
Mr. Plummer: Cabal.
I+Iayor Ferre: Cabal.
Mr. Plummer: You couldn't spell it at the last meeting.
Mayor Ferre: Cabal is C-a-b-a-1 and also, in the Jewish religion evidently in
Jewish history there is called the Cabala and it has to do with a secret
rs
clandestined groups that function. It is a well known word 1 think in legal
E
>`
words and otherwise. But anyway, what in effect the non -group really is is a
cabal - secret society that meets clandestine meetings for subversive reasons.
'
All right, thank you, Al.
x
Mr. Carollo: Does that mean we can call Mr. Chapman the Godfather?
�r
l
6
r
Mr. Plummer: Alan, you see how easy Tiger Bay is?
RT 90 September 26, 1985
.Asia:i�:.c:.:.:.::.a..cs:z�:���rc��:c���a..�z�n�����cr����:`������—����a. �:: a:c.. �.�.a.:i.�w..r�.. z:i�•+.+�.s
50. EMERGENCY URD.i AMEND ART. LI OF CITY CODE �SiDEWALK AND STREET VENDORS)
PROVIDE FOR DEFiNITiONS, EXEI,iPTiONS, STATING CERTAIN PROHiBiTiONS AND
RESTRICTIONS, ETC.
------------------------ ----------------- y.Jlti-------?.C-l�----�-�-i�-
Mr. Carollo: We have one more quick item dealing with safety and newspapers.
Radam City Attorney, can you go ahead with the new ordinance that we have
drafted?
Mrs. Dougherty: Yes, sir, Mr. Commissioner, this is simply one that would
clarify the ability of the City to prohibit, newspaper vending in the streets
selling to automobiles in the streets. It is something that, we intended to do
but this simply clarifies an ordinance and clarifies the ability of the city
to do that. I would like to ... You have all been passed out, a copy of it,
Section j9-26.1 and an amendment, j9-19 as an exemption and , if you would
care to make a motion I'll read it.
m r. Carollo: 1 so move.
Mr. Plummer: Second.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMi, AS AMENDED, BY AMENDING ARTICLE it ENTITLED "SIDEWALK
AND STREET VENDORS," OF CHAPTER j9 OF SAID CODE BY PROVIDING
A DEFINITION OF "WRITTEN MATTER"; PROVIDING EXEMPTIONS FROIVI
SPECIFIED SECTIONS OF SAID ARTICLE FOR VENDORS WHO
EXCLUSIVELY VEND WRITTEN MATTER; PROHIBITING VENDING FROM ON -
STREET PARKING SPACES OR LOADING ZONES; PROVIDING THAT
VENDING FROM ROTOR VEHICLES MUST BE OFF THE ROADWAY WHEN
THERE IS NO CURB, AND RESTRICTED TO OCCUPANTS OFF ABUTTING
PROPERTY ONLY; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF
READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS
THAN FOUR FIFTHS OF THE DIE14BERS OF THE COMMISSION.
Was introduced by Commissioner Carollo and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Whereupon the Commission on motion of Commissioner Carollo and seconded
by Commissioner Plummer, adopted said ordinance by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10045•
RT
91
September 26, 1985
rAo
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Carollo: Mr. Mayor, if I can include tnis for the record again, this
ordinance has to do with child abuse in a big sense. When you put kids out
there that are 8, 9 and 10 years old, throwing them in the middle of busy
intersections for hardly anything in wages to risk their lives to sell
newspapers for these powerful individuals; I don't xnow what else it could be
called but child abuse. Now, we have made a motion that this City is going to
offer employment, safe employment for all those young kids out there welling
papers but what we're trying to stop from happening are further incidents like
this where newspaper boys are being ran over by vehicles. Madam City
Attorney, when will tni_s take affect and how long will it be before you give
appropriate correspondence?
Mrs. Dougherty: We'll send the notices out tomorrow. The ordinance is in
effect already, this does not change that ordinance that prohibits it, it just
simply clarifies when it is going to apply.
Mr. Carollo: I understand. How many days will it be before we go out and
enforce this law?
Mrs. Dougherty: We gave them 20 days from the date of the last ordinance, so
I would assume another 20 days. That is just an arbitrary number.
Mr. Carollo: That's fine. Can I be kept up to date along with the other
members of the Commission to what form of employment we're looking for, safe
employment in the Parks systems, job that we will be creating for those young
kids that are working out there now. That's it.
51. AGREE TO SETTLEMENT REACHED BY COM1�iISSiONER J.L. PLUMMER AND
REPRESENTATIVES OF PIER -FIVE BOATMEN ASSOCIATION SUBJECT TO CERTAIN
STIPULATIONS.
Mr. Plummer: Can I get the boat people out?
Mayor Ferre: Go ahead.
Mr. Plummer: Mr. Mayor, The Commission asked me to sit and try to negotiate
some peaceful with the boat people. I have before me an audited statement
from the firm of Musket, Simon and Cober who did an analysis and a computation
on the cost of relocation for the fishermen at Pier V. Mr. Mayor, I have
agreed on a settlement with the following stipulations: (1) That all parties
to the lawsuit against the City of Miami must, as of tomorrow, drop the
lawsuit. j That is predicate (1), without that there is no agreement. Mr.
Mayor, I am not going to take up your time unless you ask, there is a
breakdown here with a total and this is in concurrence with Mr. John Gilbert,
the City Manager and the City Attorney's Office that for all of the expenses
that they have been able to document, that a figure be given of not to exceed
$170,000. Mr. Mayor, that is that they will move from their present location
over to Watson Island temporarily we hope, at such time as Pier III or the
FEDCF slip would be made available within hopefully six months and that they
would be a priority bidder back when Bayside is completed. he only thing that
each boat captain is actually receiving individually is $1,000 for
transitional fee. I have negotiated, Mr. Mayor, that each boat owner will
provide to the City administration two days of fishing for any dignitaries
that this City would have here in its ...
Mayor Ferre: Including the Mayor.
k +;
Mr. Plummer:
No,
not the Mayor,
I said a dignitary - that they would
make
yr �;
available two
days
of fishing to
any dignitaries visiting this City for
good
will of this
City.
Mr. Mayor, I
want to be honest and on the record.
The
City Attorney
has one proviso, Mr.
lawyer, if you would listen, that she
feels
.r
that she must
sit
down with you
and justify the attorney's fees based
on a
RT 92 September 26, 1985
01
rationale that is set by her office. We are setting this of an agreement not
to exceed $ M$000. Now, Mr, Mayor, I will move said settlement. I would, of
Course, want to afford Mr. John Gilchrist, the Manager of the City Attorney or
the boat people the right to respond, if there is nothing in oppositions I am
ready to move that settlement that 1 have discussed.
Mr. Chris Penzell: Mr. Mayor and Commissioners, Chris Penzell, Penzell and
Diamond, 151 S. E. 14th Terrace. The only problem we may have, Mr+
Commissioner, concerns the time constraint. There are some members that are
out of town. I have some powers of attorney for some of those members and
some I do not. But collectively, the Pier V Bodtmen's Association is prepared
at this time ...
Mr. Plummer: Well, let me be honest with you. i am appearing before the
Cabinet on Tuesday. 1 am telling you that if you don`t have that lawsuit
withdrawn by Monday there is no agreement.
Mr. Penzell: There will be no problem.
Mr. Plummer: All right, sir.
? Mayor Ferre: I assume, Mr. Manager, just to keep the record straight that
this has your recommendation.
Mr. Pereira: Yes, sir.
Mayor Ferre: And whole -hearted approval and Madam City Attorney, this has
your approval for legal.
Mrs. Dougherty: Yes, sir, Mr. Mayor. I assume by your motion I have the
right to settle and negotiate the settlement of this lawsuit based on your
motion at this time.
Mayor Ferre: You heard it.
Mrs. Dougherty: Yes, sir.
Mayor Ferre: Is there any further discussion? It has been moved by Plummer,
seconded by Dawkins.
Mr. Plummer: Mr. Mayor, just for the record, I think it is a pretty 'good deal
when we were faced with a potential two and a half million dollar settlement
and we have come out with this amount.
Mr. Pereira: You did a hell of a job. .He did a hell of a job.
Mayor Ferre: Well, I'm going to reserve my comment until after we vote. Now,
are we ready to vote?
The following motion was introduced by CommissionerPlummer, who moved
its adoption:
MOTION NO. 85-999
A MOTION OF THE CITY COMMISSION AGREEING TO SETTLEMENT REACHED
BETWEEN COMMISSIONER J. L. PLUMMER, ACTING ON BEHALF OF THE
COMMISSION, AND REPRESENTATIVES OF THE PIER -FIVE BOATMEN'S
ASSOCIATION, SUBJECT TO CERTAIN STIPULATIONS INCLUDING THE
TERMINATION OF PENDING LITIGATION; FURTHER DIRECTING THE CITY
ATTORNEY TO SIT DOWN WITH THE AFFECTED PARTIES TO NEGOTIATE
SETTLEMENT OF LAWSUIT.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
RT 93 September 26, 1985
N
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
140ES) : None,
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Ferrel vote yes and 1 do think it has been pretty goiod negotiation.
Not bad for an amateur.
Iv1r. Plummer: Next time you do it. Take S hours of your time and go do it.
---------------------------------------------------------------------
j 52. BRIEF DISCUSSION ITEM: COMMENTS BY REPHESENTATIVE OF LOT OWNERS AT
WOODLAWN CEMETERY.
------------------------------------------------------------------------------
i
a
Mayor Ferre: We have a young lady here who took off the day from her
university studies at the Law School to be here tnis morning to protest the
# forthcoming application of the Woodlawn people for a cemetery, and a... what's
that called mausoleum?
{ Mr. Plummer: No, Mr. Mayor, what they are proposing is to build a funeral
home within the Cemetery.
Mayor Ferre: All right, a funeral home adjacent to the cemetery.
Mr. Plummer: No, sir, in the cemetery.
Mayor Ferre: Now, this young lady came to me, she was concerned, and
disturbed that she had gotten here ten fifteen, which was the advertised time,
and that we had already delayed this item until the 26th of November, which
she said was unfair because she was not here to protest it. Furthermore, she
didn't know why it needed to be moved to November 26th. I recognize you at
-- this time.
Mary Garcia: Thank you for your time Mr. Mayor, and the City Commission. My
name is Mary Garcia, and I reside 1112 Southwest 33rd Avenue. I have come
gam.: before the Planning and Zoning Board on two occasions representing the
interest of the cemetery lot owners, and the property lot owners, and the
`< xa community interest, because most of the people that live in this area do not
speak english. I happen to live at 1112 Southwest 33rd, and my parents own
�. the home and we have a great interest in what's going to be done. The
Woodlawn Cemetery has represented, not only that they wanted a funeral home,
but they also want a cafeteria, and a florist shop. Basically, the reason why
I object and I think it's unreasonable to continue this on such short notice
is because the applicant's files specifically has a letter where they
ups s? requested. We had the last here on September 9th. As you know, there is a
ten day minimum or there is a certain amount of time minimum that they must
comply with with public notice. The insisted and sent a letter to this
�P y P Y �
{ regard, and it's on file,that the hearing be set for September, and I was
g r g P r
under the impression that since they were so insistent and so adamant about it
that they want the hearing on September 26th. Between the time that I had the
c�k ksy; opportunity to talk to Mayor Ferre, and the time that I came here at 3:30. I
was able to get close to two hundred signatures from interested parties of the
community, and lot owners, and cemetery owners. Now, this is no small feat
N considering that most people went back to their place of employment that a lot
of people were not home and as you can see, 1 would imagine that close to two
hundred signatures signifies that most of these people object to having this
continue to November 26th. I would ask that this honorable Commission move to
have the next hearing set for October 26th. I think that if they were ready
and specifically asked for the hearing on September 26th, and this is... it's
�E not be saying it. This is on file. Ok. If they were ready to go today I
} cannot see how it would impose a hardship on these people to o in November.
P P P P g
gl 94 September 26, 1985
i
Furthermore, 1 have plans to be out of town on November 26 th, and aii modesty
aside. 1 think I'm instrumeritaly---ok=--to +lie community interest and to the
lot owners, and the property lot owners in the area and they have asked me
many times..6 you know, I cannot tell you now much time 1 have given to this
because i think it highly detrimental, and prejudicial, not to the four major
3 interest, which would be the cemetery lot owners or the business lots owners
} or the funerals homes or the property owners, but the community interest and I
think that this Country is based on the fact that private interest cannot be
supreme to public interest. So, i would respectfully request that the
Commission move that the hearing be set for Uctober... some time in Uctober.
I have no objection as to the date or the time, so that it would not pose a
hardship for close to three hundred people that showed up today on a work day.
All right, missing their employment to have this hearing only to have this
changed on short notice, again, and 1 don't want to be repetitious, after the
applicant has specifically requested that it be se+. for September 26th, and
you can teii that they really hustled about this, because having a Planning
and 'coning Board hearing on September ')th, and getting, you know, and getting
a date on the agenda within three days is no small feat. Tnank you very much.
Mayor Ferre: Ali right, I+ls. Garcia. Thank you. Are there any questions or
comments?
Mr. Plummer: Mr. Mayor, the only thing I can say is that we have already set
the date. The people were informed and what we did, the Mayor dial was to make
it at 6 o'clock in the evening. So, hopefully, no one would have to taxe off
from their work, but I don't know how we can go back now, and notify... thee
was at least a hundred people here today who went away from here knowing that
it was scheduled for November 2bth at 6 P.M., and i don't know how you can go
back, and double back on that.
j Ms. Garcia: Yes, let me... very easily. As 1 said before I have two hundred
signatures. That's one Hundred more of the people that you actually saw here.
4 when this was moved it was prior to 10:15. As a matter of fact 1 arrived here
at 10:05 to be advised that this had been continued. it would be no
difficulty, all right, for these people to find out about it considering that
I have two hundred signatures of these same people that were nere.
Mayor Ferre: All right., Ms. Garcia, just on the record so that you don't have
'
any doubt as to where I stand on this. Ok. So, we know each other. As long
as there is a community opposition to that, unless there is a very important
1
public purpose served, you know, which, f rankly, with all due respects to my
colleague Plummer, once you are died 1 don't know what the hurry is. You
know, a hospital or a doctor's office or... in which we will be dealing with
in a little while is a totally different matter, but a funeral home with all
due respects, I don't... it's not the Miami Dolphins with their stadium which,
you know, I'm opposed to in many ways, but I understand where there is a
strong feeling in this community that it serves a overall public good for the
V'
community, so that the neighborhood is going to have to pay the price. In
t;.
this case I don't see that the neighborhood really should be sacrificed,
because it's not a major public good. So, my position is clear. So, the
putting off of this thing has nothing to do, i don't think, with the issue.
They think so. Because you asked me or somebody around here asked me, "well,
they are putting it off until after the election". I said "They are entitled
to that". I mean, obviously, they don't feel they have got three votes here
today or they would have pushed it.
Ms. Garcia: Mr. Mayor, I would also like to add something answering
Commission Plummer's concerns about notice, and this again, is reflected in
s
the applicant's file. Everything I'm saying here, all right, is reflected in
�*
r.
the applicant's file. We happen to live twenty-five feet from the cemetery.
k~
_`
They owe all the homes within a three block radius except for ours, and as far
as giving notice to the people since Commissioner Plummer was so concerned
K,
about it. Our names, they are, you know, under the legal requirements, they
A
must meet legal notice, and it's three hundred seventy-five feet for the
V*
property owners what -not. They have left a lot of people out from this list
4;
that they have certified to be a true, and complete list. I have checked the
�k
3=d
applicant's file myself, because I never received notice of any of these
`
f.
hearings. I get my information from neighbors who tre very concerned. You
4t
y
know, the community itself as to when these hearings are going to take place.
The only people that have problems with their notice requirements is the
RT 95 September 26, 1985
applicant who has not complied with the law, you know, as far as notice is
concerned. So, again, if we were to cancel this there is no problem. I live
right across the street from them. I'm surrounded by them. 1 can cross the
street hand deliver a letter that the date has been closed, and i can assure
that the community itself will know to be here on the date that you set for
October, because as 1 said again, I have two hundred signatures that I was
able to get in two hours and if i can do ttiis in two hours, I can assure you
that 1 can have over a thousand people Here between now and October.
w Mayor Ferre: I got a feeling that you will have a thousand people here too.
Ms. Garcia: You better believe it, because let me tell you when something is
as prejudicial, and is detrimental, ok, and as abusive as this project, and
r
there is no need for it -
Mayor Ferre: As is what?
Ms. Garcia: There is no need for this.
Mayor Ferre: For what?
Ms. Garcia: For having a funeral home ana a cafeteria.
Mayor Ferre: We are not listening to the case now. So, I mean, to the
3
issue...
Ms. Garcia: Ok.
Mayor Ferre: And we will be doing that.
Ms. Garcia: Well, what I said, there is no need to postpone something that's
so crucial that the community itself is so concerned about. They are worried.
They are under pressure and there is no need to...
Mayor Ferre: Ma'am, the City of Miami, and I have lived here for thirty-four
years, and I have been on this Commission either as a Commissioner or as Nlayor
r,
since 1967. I never, ever remember a case when a citizen have requested for
continuation of something that it wasn't granted. That's just, I think what
we call it is courtesy and that's all we are doing, and if you in the future
have a case before this Commission as an attorney and for one reason or
-.a
another you can't hold it in one day, and ask that it be continued, unless
there is a major, major reason, we always grant that courtesy to an applicant
and we have done it today and we stand by it.
Ms. Garcia: Right. And I, you know, in agreed that people are entitled to
deferment. I'm not, you know, I have no quarrel with that. The only thing I
kc
wanted to know whether we could move it up from November 26th up to a sooner
date.
Mayor Ferre: 1 don't see that anybody is willing to change that and if
anybody does want to change it let me know. She wants' this matter to be
heard before November 26th. That's the issue.
Mr. Carollo: Before November 26th?
Mayor Ferre: Yes.
Mr. Carollo: Well, I don't if I will still be back from, you know, the
instructions the Commissioners gave me...
Mayor Ferre: When is that? Is that November?
Mr. Carollo: November.
Mayor Ferre: Oh, 11th. You will be back by the 26th. November 11th to the
26th.
Mr. Carollo: Well, you know how those things get Mr. Mayor, I might be tired
up there a little long, but I should be back, I would imagine, some time in
the late part... She wants to hear it in October? Well, can force... I don't
see how we can force the issue.
gl 96 September 26, 1985
Is I
f
Mayor Ferret I think we have already made a statement, and I don't see how
you can change it.
Mr. Carollo: I don't see how we can force the issue.
Mayor Ferre: All right, think you very much for being here today.
Ms. Garcia: Thank you for your time. Thank you,
f
i
•�.r-...-�-.���-...r��--���-�.-+..-��.-����..r..r����r-r�..�.....�..�������-rrr.�..���.�crr...r���:. �raa
5>. RESCHEDULE REGARDING CITY COMMISSION ASETING OF NOV. 14, 19b5 TO TAKE
PLACE NOV. 1.�, 1985 AT 12:00 NOON.
------------------------- -------------------- ---------------------------------
After a brief discussion, the City Commission, on motion duly made and
seconded, passed and adopted the hereinbelow resolution.
The following resolution was introduced by Commissioner Plummer, who
moved .its adoption:
RESOLUTION NO. b5-1000
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSIOIJ
MEETING OF NOVEMBER 14, 1985 TO TAKE PLACE ON NOVEABER 13,
1985 AT 12:00 NOON.
(Here follows body of resolution, emitted here
and on file in the Office of the City Clerk.)
i
Upon being seconded by Commissioner Dawkins, the resolution was passed
1
and adopted by the following vote-
'
AYES: Commissioner Killer J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
3
ABSENT: Commissioner Demetrio Perez, Jr.
;.i
------------------------------------------------------------------------------
54. CONTINUE PUBLIC HEARING WHICH WAS ADVERTISED TO TAKE PLACE ON TODAY'S
AGENDA THOUGH NOT SCHEDULED, TO TAKE PLACE ON OCTOBER 10, 1985 AT 3:30
P.M. IN CONNECTION WITH REQUEST FOR WAIVER OF REQUIREMENT FOR SEALED BIDS
FOR REPAIRS TO THE POLICE DEPARTMENT PISTOL RANGE.
-------------------------------------------------- ----------------------------
Mayor Ferre: All right, we are now on which item.
1 r
Ms. Dougherty: Commissioner,... I mean, Mayor Ferre, could I make an
announcement. We had a 3:j0 public hearing advertised, but it was not on the
',`
agenda. So, we would like to continue the advertised 3:30 public hearing for
acquisition of sole source from October 10... to October 10th at 3:)0.
.f
Mayor Ferre: Do you need Commission action for that?
T
Ms. Dougherty: Yes, sir.
Mayor Ferre: All right, is there a motion?
r
<.
Ms. Dougherty: 1t was for the purpose of considering a waiver of the
43
requirements of obtaining sealed bids for repairs to the Police Department
patrol range.
gl 97 September 26, 1985
Mayor Ferre: All right, Dawkins moves, Plummer seconds, call the roll.
The following motion was introuuced by Commissioner Dawriins, who
moved its adoptions
11OTIUN NO, 85=1001
A MOTION TO CONTINUE TO THE MEETING PHESENTLY
SCHEDULED FOR OCTOBER 10, 1985 AT J:j0 P.M. A PUBLIC
HEAHiNG WHICH WAS ADVERTISED FOR TUDAY THOUGH NOT
.SCHEDULED, FOR THE PURPOSE OF CONSIDERING REQUEST FOR
A WAIVER OF THE REQUIREMENT FOR SEALED BIDS FOR
REPAIRS TO THE POLICE DEPART14ENT PISTOL RANGE BY THE
ONLY KNOWN SOURCE, CASWELL 1NTEHNATiUNAL EQUIPMENT CO.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carolio
Mayor Naurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
55. AUTHORIZE NECESSARY CLOSURE OF STREETS IN CONNECTION WITH THE HOLDING OF
THE "1985 MIA141 INTERNATIONAL BOOK FAIR" SUBJECT TO THE NECESSARY
ISSUANCE OF PERMITS, ETC.
Mayor Ferre: Now, let the record reflect that nobody stood on that. Nobody
wished to address the Commission on that issue. We are now on Item ##22 which
is concerning the 85' Miami International Book Fair to be conducted by the
Miami Book Fair International, Inc. Anybody have any problems with that. All
right, is there a motion?
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins, seconded by Plummer, further discussion, call
the roll.
Mr. Plummer: What item?
Mayor Ferre: 22. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-1002
A RESOLUTION CONCERNING THE 1985 MIAMI INTERNATIONAL BOOK
FAIR TO BE CONDUCTED BY THE NIIAMI BOOK FAIR INTERNATIONAL,
INC. AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A TE14PORARY
PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE, AND INSPECTION
SERVICES; FURTHER ESTABLISHING AN AREA PROHIBITED BY
RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENT WHICH WILL
TAKE PLACE NOVEMBER 8-11, 1985.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
98 September 26, 1985
gl
'v
9
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote=
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None,
ABSENT% Commissioner Demetrio Perez, Jr.
-------------r- --------- ------ -------
56. AWARD BID FROM "CPT OF SOUTH FLORIDA iNC." FOR FURNISHING ONE AUTOMATIC
DOCUMENT READER DEST MODULE FOR THE DEPARTMENT OF COMPUTERS.
--------------- --------------------------------------------------------------
Mayor Ferre: Take up Item 23. This is sole source.
Mr. Plummer: Move it.
Mayor Ferree Plummer moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1003
A RESOLUTION ACCEPTING THE BID OF C.P.T. OF SOUTH FLORIDA,
INC. FOR FURNISHLNG ONE (1) AUTOMATIC DOCUMENT READER DEST
MODEL 212 WORKLESS STATION TO THE DEPARTMENT OF COMPUTERS
AT A TOTAL COST OF $12,656.40; ALLOCATING FUNDS THEREFOR
FROM THE 1985-86 OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY 14ANAGER TO INSTRUCT THE ASSISTANT
CHIEF PROCUREMENT OFFICER TO ISJUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
gl 99
September 26, 1985
4
a
•x:
�c����:rr..i.a:.�r���c.rs.�.+►:rc���a:����rru.a.s..,��.���s�-��wa�W.r::��.i�..:�r��a� ���c�z:��s�.r..s.�a.s.��
576 AWARD BID: TO PHYaIO CONTROL CORP. FOR FURNISHING MAINTENANCE FOR THE
PHYSiO CONTROL LIFE SUPPORT EQULPMENT IN THE DEPARTMENT OF FIRE, RESCUE,
AND INSPECTION SERVICES,
r�i:iarir riirr.tirY.a ri3r�ariG+LlL ti(iiriGr.�irru.l..sr►ir�3rr ra rr.riariLa��ir�sY.�ii �.W�irirrri iiW.
Mayor Ferret Take up item 26,
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins, further discussion, call the roll.
The following resolution was introduces by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1004
A RESOLUTION ACCEPTING THE BID OF PHYSiO CONTROL
CORPORATION FOR FURNISHING MAINTENANCE FOR THE PHYSiO
CONTROL LIFE SUPPORT EQUIPMENT ON A CONTRACT BASIS FOR ONE
(1) YEAR RENEWABLE ANNUALLY FOR THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES AT A TOTAL ESTiKATED COST
OF $12,551.00; ALLOCATING FUNDS THEREFOR FROM THE GENERAL
FUND AND TELEPHONE FRAI4CHISE FUND; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS.
Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
58. REFER TO CITY MANAGER AND TO THE CITY OF MIAMI MEMORIAL COMMITTEE REQUEST
RECEIVED TO RENAME PARADISE P01NT MINI PARK THE "MIAMI RIVER RAPIDS MINI
PARK."
Mayor Ferre: We are on 27. The naming of Paradise Point. Mr. Manager, you
know, I'm one of those people that if we are going to rename something for
something else, I really think that we ought to name it for people who do
something for the community. Now, I have nothing with renaming a park calling
it the Rapids Park, but frankly, I don't think the Rapids Park means a dawn
thing to anybody. I would rather name it after Al Pallot for example, or
somebody who is... you know, for twenty-five years here is Al Pallot trying
to beautify the City and having all these meetings, but we have never done
anything for him, you know, J. L.
Mr. Plummer: Excuse me, what?
Mayor Ferre: I'm saying that if we are going to name something after somebody
name after somebody like Al Pallot who has been out there doing something.
Mr. Plummer: I agree. I agree with that.
gl
100 September 26, 1985
Mayor Ferre: I mean, Mini. Rapids Park. What's a Mini Rapids Park anyway?
Mr. Cdrolio: Now, well, wait a minute. Just before we start throwing names
out like that, you knows that's something you have got to think about.
Mayor Ferret I'm not saying name it after Al Pallot. I'm just saying that I
don't want to name i+. ti►e Miami. River Rapids 14ini Park.
AIr. Plummer: Yes, but Mr. Mayor, I'm not going to name it the Masvidal
Memorial.
Nayor Ferre: I'm not trying to name it after anybody. I'm just saying that I
do not like the Miami River Rapids Mini Park. That's all.
i
Mr. Plummer: I agree.
Mayor Ferre: Now, who you want to...
Mr. Carollo: We can always call it "X" Park.
Mayor Ferre: 'T' Park.. Ok. 80, can we... N r. Manager, could you come back
ask the Memorials Committee to... you know, there is an awfully lot of worthy
citizens around here who should be honored.
Mr. Pereira: We will do sir.
------------------------------------------------------------------------------
59• GRANT REQUEST FROM VIETNAA VETS ASSOC. TO DISPENSE BEER 1N CONNECTION
WITH THEIR ANNUAL PICNIC kPEACOCK PARK, NOV. 10, 1985) SUBJECT TO
ISSUANCE OF NECESSARY PERMITS BY THE STATE OF FLORIDA.
------------------------------------------------------------------------------
Mayor Ferre: All right, +.he next item is 26.
Mr. Plummer: clove it.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion?
Mr. Carl Kern: Request a date change to November 10th from the one... October
15th request.
r.
Z.
Mayor Ferre: That's fine. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
i
7.
r
:',:
RESOLUTION NO. 85-1005
3
,`.
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
a
THE REQUEST OF VIETNAM VETERANS ASSOCIATION TO DISPENSE
BEER FOR A ONE -DAY PERIOD 1N CONNECTION WITH THEIR ANNUAL
PICNIC TO BE HELD NOVEMBER 10, 1985 ON PEACOCK PARK;
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW.
(
4
kHere follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
�r
°=
Upon being seconded by Commissioner Dawkins, the resolution was passed
, .•
V
and adopted b the following vote -
AYES: Commissioner Miller J. Dawkins
gl 1U1 September 26, 1985
Commissioner J, L. Plummer, Jr:
Vice-kayor Joe Carollo
I+Iayor Maurice A. Ferre
a
NOES: done.
ABSENT: Commissioner Demetrio Perez, Jr.
60, AUTHORIZE; CITY MANAGER TO APPLY FOR CEHT[Fi.CATiON UNDER FLORIDA CERTIFIED
LOCAL GOVERNMENT PROGRAM TO PARTICIPATE; I THE "FEDERAL HISTORIC
PRESERVATION PROGRAN."
..------------------------ --------------------------- -----------..__
Mayor Ferre: 29.
z
i
Mr, Plummer: Move it.
Mayor Ferre: All right., is triere a second, further discussion, call the roll.
Mr. Dawkins: Second.
a
Mayor Ferre: Further discussion, call the roll.
4
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1006
' A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR
I CERTIFICATION UNDER FLORIDA'S CERTIFIED LOCAL GOVERNMENTS
PROGRAM TO PARTICIPATE IN THE FEDERAL HISTORIC
PRESERVATION PROGRAM.
Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.j
j,
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
` Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
------------------------------------------------------------------------------
61. ACCEPT RECOMMENDATIONS OF THE CITY MANAGER AND COMPETITIVE SELECTION
COMMITTEE CONCERNING SELECTION OF CONSULTANT FOR PREPARATION OF
"INDUSTRIAL LAND USE NEEDS STUDY FOR THE CITY OF MIAMI", AUTHORIZING CITY
MANAGER TO ENTER INTO PERTINENT NEGOTIATIONS.
--------------------------------------------------------------------------
Mayor Ferre: Take up 30.
Mr. Plummer: This is for the master plan?
Mr. Sergio Rodriguez: This is for the industrial land use study.
Mr. Plummer: Anybody got any objections?
Mr. Dawkins: Who is Minot, Deblois, and Maddison? Are they local?
g1 102 September 26, 1985
Mr, Rodriguez: No, they are not local, but they have as subconsultants
several local people that will include Maurice Gray Associates, Ron Frazier,
Chuck Alding, and David Plummer.
1
3
Mayor Ferre: As I understand it they are not local but they have a local
office and it has minority representation. is that correct?
1+1r. Rodriguez: Yes, sir.
Mayor Ferre: And by minority you mean both Biack, and Hispanic?
ivir. Rodriguez: Yes, sir.
Mr. Plummer: Move it.
Mr. Dawkins: Second,
Mayor Ferre: It's been moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 55-1007
A RESOLUTION ACCEPTIAG THE RECO101ENDATiONS OF THE CITY
MANAGER AND THE COMPETITIVE SELECTION COMMITTEE CONCERNING
CONSULTANT SELECTION FOR PREPARATION OF AN INDUSTRIAL LAND
USE NEEDS STUDY FOR THE CITY OF MIAMI; APPROVING THE NAMES
OF THE MOST QUALIFIED PROVIDERS IN THE FOLLOWING RANK
ORDER: 11) MINOT, DEBLOIS & MADDISON, INC.; 2)
COMREAL%NESBITT �A JOINT VENTURE); jj PEAT, MARWICK,
14ITCHELL & CO.,; AUTHORIZING THE CITY MANAGER TO ENTER
INTO CONTRACT NEGOTIATIONS PURSUANT TO SECTION 18-52.2 OF
THE CITY CODE; AND FURTHER INSTRUCTING THE CITY MANGER TO
SUBMIT THE NEGOTIATED CONTRACT T90 THE COiv0lSSION FOR
4
APPROVAL PRIOR TO EXECUTION THEREOF.
Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
140ES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
----------------------------------------------------
---------------
62. ACCEPT RECOMMENDATIONS OF CITY MANAGER AND COMPETITIVE SELECTION
COMMITTEE CONCERNING SELECTION OF CONSULTANT FOR PREPARATION OF "DESIGN
CRITERIA MANUAL" FOR BRICKELL PROMENADE; AUTHORIZE MANAGER TO ENTER INTO
PERTINENT NEGOTIATIONS.
------------------------------------------------------------------------------
Mayor Ferre: Take up Item 31.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins, is there a second?
Mr. Plummer: On 31. Yes.
gl 103 September 26, 1985
I
i
Mayor Ferre: Further discussion? Anybody else want to speak to this? Call
the roli?
The following resolation was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 65-1008
A RESOLUTION ACCEPT.LNG THE HGC0I001DATWNS OF THE CITY
MANAGER AND THE C014PETITIVE SELECTION CO114iTTEE CONCERNING
CONSULTANT SELECTION FOR PREPARATiUN OF A "DESIGN CRITERIA
MANUAL" FOR BRICKELL PROMENADE; APPROVING THE NAI+IES OF THE
MOST QUALIFIED PROVIDERS iN THE FOLLOWING RANK ORDER: 1)
RODRIGUE"Z KHULY QUIROGA ARCHITECTS; 2) ROBERT ALLEN
GARCIA; ))TILDEN, TACHI AND PALES, ARCHITECTS; AUTHORIZING
THE CITY MANAGER TO ENTER INTO CONTRACT NEGOTIATIONS
PURSUANT TO SECTION lb-52.5 OF THE CITY CODE; AND
INSTRUCTING THE CITY MANAGER TO SUBMIT THE NEGOTIATED
CONTRACT TO THE COKIVIiSS1UN FOR APPROVAL PRiOH TO EXECUTION
THEREOF.
Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
NOTE FOR THE RECORD: At this point, agenda items 32, and S3 dealing with
appointments to the board of trustees of the Fire Fighters and Police Officers
Retirement Trust and the General Employees and Sanitation Employees Retirement
Trust, respectively were continued to the meeting of Oct. 10, 19a5.
63. DESIGNATE VICE MAYOR JOE CAROLLO AS THE CITY'S REPRESENTATIVE TO RECEIVE
AN AWARD ON BEHALF OF THE CITY AT THE MIAAI FILM FESTIVAL TO BE HELD IN
NEW YORK, FIRST WEEK IN OCT. 1985.
Mr. Plummer: Mr. Mayor, I would like to make a motion at this time.
Mayor Ferre: Yes, sir.
Mr. Plummer: Mr. Mayor, I would like to make a motion that one member of this
Commission be designated to go to New York City week to receive the award from
the Film Festival and that the expenses be exerted for that purposes and that
Joe Carollo be named that individual.
Mayor Ferre: The Miami Film Festival and we are not going to be funding them,
and we got the nerve to go up and get an award.
Mr. Plummer: Sir, that was a request that our representative be there.
Mr. Dawkins: They are trying to bribe us. Sending him on.
Mayor Ferre: Now, tell me again. Make your motion.
Mr. Plummer: There is an award... that one member of this Commission be
designated to pay his expenses to New York to be the recipient of the award,
that that named individual be Commissioner Joe Carollo.
gi
104 September 26, 1985
11
Mr. Dawkins: Second.
Mayor Ferre: Further discussions call the roll.
The following motion was introduced by Commissioner P.iummer, who
moved its adoption:
1110TION NO. 65-1009
A KOT1ON DESIGNATING VLCE MAYOR JOE CAROLLO S `i'i{E CITY
OF NiAMI REPRESENTATIVE TO RECEIVE ANll AWARD ON BEHALF
OF THE CITY AT THE KlAr1I FILK FESTIVAL WHICH WILL BE
HELD IN NEW YORK DURING THIS; FIRST WEEK IN OC`1'OBER,
1985,
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
AT THIS POINT, THE CITY COMMISSION TOOK A BRIEF RECESS, AT 5:07 P.M.
RECONVENING AT 5:28 P.M. WITH ALL C0101ISSIONERS PRESENT EXCJ PT COMMISSIONER
JOE CAROLLO.
64. BRIEF DISCUSSION ITEM.: EMERGENCY PROVISIONS FOR THE PARKING OF CARS AND
BOATS AT PUBLIC PARKING GARAGES DURING HURRICANES.
Mr. Plummer: Mr. Manager, during this week my girlfriend brought to my
attention that the the cars, Mr. Roger Carlton have finally after all of these
years came forth with a good plan, and I don't know if any of you are aware of
that plan, but what it is is that during a hurricane, if you wish, you could
park your car in one of the parking structures which are relatively safely
for, I think it was five dollars. Now, the suggestion has been made that one
of the greatest problems in this community is that be extended to boats which
could, in fact, meet the height requirements, that they could put the boats in
those Off -Street Parking Garages, and I would like for you to check with Mr.
Carlton to see if that can be done, because that's the biggest problem.
People that have boats on trailers have no place to put them during a storm.
Their cars, I don't know that that's important. Most people want to keep them
at home any how for emergencies, but people with boats, you know eighteen,
twenty foot boats that can come under the six foot level or so, I think would
be an excellent suggestion. So, if you would pursue that for me.
Mr. Pereira: I will.
gl
105 September 26, 1985
A
11
I
i��szz:�.tirssss sst+taas.-rasa�z:.sis+:sszczz+s.ss osa:cz�an rest.-�i.+-.sa:a.,zsa.z�s.z ssy.z�:s:�si+�zcs:as.:�z�.�':s
e5. WAIVE REQUIREMENTS FUR COMPETITIVE SEALED B1D5= APPROVE PURCHASE OF
riAiNTE;NANCE SERVICES FOR TEN DATAGRAM COAMUNICATiON6 COi4CENTRATORS FOR
THE DEPARTMENT OF COMPUTERS.
sir..zza:wcze+raerr�rrzzy:r.eezwe.rzssc::�zr.rz.zsy.zzzr.ri+.Y.:.zzrr..sz�z..�.csre:z.�.a+:�z�.rzz.r.m.�za..rz
Mayor Ferre: We are now on 35. Plummer, you were going to move it before.
Mr. Plummer: Move it again.
Kr. Dawkins: Second.
Mayor Ferre: Ali right,, further discussion on item 55, call the roil.
The following resolution was introduced by Commissioner Plummer, Who
moved its adoption:
RESOLUTION NO. 85-101U
A RESOLUTION, BY A FUUR-FIFTH 0/5`i'HS) AFFIRAATIVE VUTO OF
THE MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING OF
SOLE SOURCE; WAIVING THE; REQUIREMENTS FOR COMPETITIVE
SEALED BIDS AND APPROVING THE PURCHASE OF MAINTENANCE
SERVICES, FOR THE TEN �10) DATAGRAM COM.KUNICATIONS
CONCENTRATORS, ON A CONTRACT BASIS RENEWABLE ANNUALLY FROM
DATAGRAM CORPORATION, THE ONLY SUPPLIER, AT A PROPOSED
ANNUAL COST OF 68, 200.00' ALLOCAT114G FUNDS THEREFOR FROI11
THE 1985-86 OPERATING BUDGET OF THE DEPARTMENT OF
COMPUTERS; AUTHORIZING THE CITY MANGER TO LN6TRUCT THE
ASSISTANT CHIEF PROCUREXENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SEIRViCE, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carolio
g1
106 September 26, 1985
`s
1
i
i
J
66. WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDS- APPROVE PLACEMENT OF A
ONE-THIRD PAGE ADVERTISEMENT IN THE NEW YORK Tire SU14DAY l DIT1UN
�SPECiAL SUPPLEMENT ON FLORIDA AND THE CARIBBEAN),
:'
�
1
ir3�ii_�+_iii ra.w�G:.r iii iiiG �iaw�GY.i G�i.Y►i_i.iiisiw+o__�.3.iG?ii.V3ii.►�ii YL.i�s.iiG i��iG3ii�:L.i i�Y. i1.G
Mayor Ferre: Anybody nere on Sb.
Mr. Plummer: Mr. Manager, why are we taking; full page ad or an ad in the New
Times?
3
fMr.
Dawkins: Yes, what for?
Mr. Plummer: For seven thousand dollars.
Ms. Gallogly: Ok, it's seven thousand eight hundred fifty. -five dollars that
we will take a one-tnird black and white ad in the New York Times, and the
reason for it is tilat we feel that it's a good outreach mechanism to the
Caribbean basin nations and businesses that will be participating in the
conference on the Caribbean in November. The ad will reach over one million
s
people who are decision makers and...
S
Mayor Ferre; Wait a minute. Charlotte, first things first. Is this a
1
special supplement on Florida?.
-
f
I4s. Gallogly: Yes, it's a special supplement on Florida and the Caribbean,
Yes*
s
Mayor Ferre: Yes, but you haven't explained that. See that... in other
words, this is a special supplement in the New Times on Florida. Right?
1
Ms. Gallogly: That's correct, yes.
Mayor Ferre: Tampa is advertising and Jacksonville, and Orlando and bluh,
bluh, bluh and if we don't advertise that means we are out of it. Right?
Ms. Gallogly: Yes.
Mr. Dawkins; Move it.
Mr. Perez: I would like to second without any doubt that I think that it's
very important. Especially with the article that we have in the New York Time
at the end of December, but I would like Mr. Mayor, I would like Commission
� Y �
Dawkins to add to that motion that this ad be approved by each member of this
.;-
Commission before sending to the New York Times.
Mr. Dawkins: I will accept that.
Mayor Ferre: All right, with that stipulation, further discussion, call the
=f
� 4
roll.
4t
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
�
RESOLUTION NO. 85-1011
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE
OF THE MEMBERS OF THE CITY COMMISSION AFTER A DULY
ADVERTISED PUBLIC HEARING, WAIVING THE REQUIREMENTS FOR
r COMPETITIVE SEALED BIDS AND APPROVING THE PLACEMENT OF A
*3 ONE-THIRD PAGE, BLACK AND WHIT; ADVERTISEMENT IN THE NEW
YORK TIMES SUNDAY 14AGAZINE IN AN AMOUNT NOT TO EXCEED
V,855 WITH FUNDS THEREFOR ALLOCATED FROM SPECIAL PROGRAMS
"i AND ACCOUNTS, CONTINGENT FUND.
43�
Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
gl 1U7 September 26, 1985
i
e+ion was passed and
Upon being seconded by Commissioner Perez, the resol
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
` Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None,
ABSENT: Vice -Mayor Joe Carollo
------------=-.__ ---------- ---------- ---------_------- -_---
67, DISCUSSION ITEI-I: .SET DATE FUR GROUNDBREAKING CEREKON.iES OF IVO. DISTRICTS
POLICE SUBSTA`l'IOIV= DIRECT CITY rIANAGrH TO CREATEA COi�ll41T'1'E1; TO CONSIDER
A NAME FOR THIS FACILITY.
------------------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, 1 would like to... this morning I was asking for some
sort of a feeling for the substation, and they have a proposed site dedication
ceremony here and 1 would like for us to look at it and see if we could
approve it. They got it for the 12th of October.
Mr. Plummer: I would say "no". Ok. Ana let me tell you why. At 12 o'clock
noon Christopher Columbus is landing at the Hyatt, House.
Mayor Ferre: Well, may be Christopher Columbus might want to go to the police
dedication and...
Mr. Plummer: Mr. Mayor, if I walk down Martin Luther King with Christopher
Columbus outfit on I would never make it to 17th Avenue. I can't
run that
fast.
Mr. Dawkins:
Ok. They have an alternate date here. The 19th.
Is that
acceptable?
if it's agreeable with Commissioner Perez, I think that
we should
is
ask for some
kind of a date or something to g
g get that station moving
in Little
}} Havana, because if not we are going to run into the same problem we
got here.
7 We are going
to...
Mayor Ferre:
The 19th is a Saturday, you know.
Mr. Plummer:
Well, I understand what you are saying, but I think
that the
problem here
more so compounded in Little Havana is the site, and I don't
know
how you can
break ground when somebody else owns it. He is liable
to get a
{ -
little upset
about that.
w
Mr. Dawkins:
Ok. All right, well... All right, now about
g , g , got... I mean,
this
is a Saturday now. I don't know why we are doing it on a Saturday.
k
Mr. Plummer:
Well, can I go one step further and suggest that we take the 10
A.M. time.
Mr.
Dawkins:
Ok.
By all means.
Mr.
Plummer:
And
that Mr. Manager, I'm assuming beverages means soft drinks.
�s
Mr.
Pereira:
Of
course.
7
Mr.
Plummer:
And
also, you are going to have hot dogs for the kids.
Mr.
Pereira:
We
will try.
Mr. Plummer: No, no, you are not going to try, you are going to do it. We
got to have something to feed them.
Mr. Pereira: Kosher.
Mr. Plummer: Kosher hot dogs, yes.
g! 108 September 26, 1985
3
Mr. Pereira: We will.
Mayor Ferre: All right, then the time is going to be 10 A.M. on the 19tno is
that. correct?
Mr. Dawkins: Thank you.
Mayor Ferre: This is 10 A.M.
Mr. Dawkins% The 19th.
Mr. Perez: In Little Havana?
Mr. Plummer: No.
hayor Ferre: No, no, this is in... this is called Miller Dawkins Public
Substation. Oh, Police Substation. I'm sorry. Tnis is Dawkins's Substation.
Mr. Dawkins's: Dawkins's Santiago Substation.
Mayor Ferre: You don't have the address on it. it's e2nd...
Mr. Dawkins: And 12th Avenue Northwest.
Mr. Plummer: Commissioner Dawxins, have you given any consideration as to who
this site will be named after? I think that may be you would like to
formulate a committee to consider a name for that station wnich could possible
be incorporated on the day of the ground breaking.
Mayor Ferre: That's not a bad idea except that I want to make sure that it's
clearly understood that I will be voting against any station to be named J. L.
Plummer.
Mr. Plummer: Mr. Mayor, you have made it clear that the only police that can
be named after me is if I will drop died.
Mayor Ferre: That's right. All right., are we ready to go now?
Mr. Dawkins: Yes, Mr. idayor.
Mayor Ferre: Ok. Anything else?
68. (CONTINUED DISCUSSION) - ALLOCATE FY-1985-86 FEDERAL REVENUE SHARING
FUNDS TO SELECTED SOCIAL SERVICES AGENCIES FOR THE PERIOD OF OCT. 1, 1985
THROUGH SEPT. 30, 1986; AUTHORIZE CITY MANAGER TO ENTER INTO PERTINENT
AGREEMENTS.
Mayor Ferre: We are on Federal Revenue Sharing. Mr. Manager, the Chair
recognizes you.
Mr. Pereira: Mr. Mayor, we have forwarded to you the recommendation for the
allocation of the nine hundred twenty-five thousand five hundred fifteen
thousand dollars for FY 85-86' of Federal Revenue Sharing funds for you
consideration today. Let me say to you that as I am sure you have read in the
newspaper, and I have informed you, you know, through the budget message, that
federal revenue sharing funding for next fiscal year certainly abolish as it
relates to the federal government. Now, we are... and you heard this morning
Commissioner Perez introducing a resolution where we are going to do our best
and utilize all of our resources in Washington D.C. in order to recuperate
those dollars, but at this point we have to assume and that are in fact out of
the budget, that we are going to be short of these dollars the next fiscal
year. What we have done in our recommendation is we already are experiencing
a reduction this. We have prorated that reduction throughout all the programs
that were funded last year for two reasons, basically. One is because we felt
gl 109 September 26, 1985
that that was the most appropriate and e-juitable way of doing it,, and if you
want some sort of translation I'm reminded of the famous piirase of equal
distribution of the satisfaction and certainly because we feel very strongly
that the agencies that have been receiving these dollars are to begin to
realize that there is a reality that the federal revenue sharing might not be
here the next time around. So, that .it's...
Mr. Plummer, Well, lair. 141anager, 1 was going to address that, and 1 was going
to address it this way, that whatever the outcome, if this hearing is
concluded today, that any recipients who receive monies will sign a document
stating that they understand as of the receiving of this ,Honey that, next year
there will be no monies from federal revenue sharing. 1 tnem to be put on
twelve morrt.hs notice that if it isn't there, we can't give it, to you. So, I'm
;saying that I will make an amendment to this today that any agency that.,
receives money from us this year fully understands that i_n the next fiscal
year there will be no federal revenue sharing dollars as proposed and as such
there will be none for +he City to distribute. We have got to be fair. These
people have got to know that they have got twelve months to start winding
down, because if the well is dry, it's dry. Now, Mr. Manager, 1 wish you
would have started off your presentation so that everybody understands
exactly. We this year are operating on 'T' number of dollars as compared to
last year. How much is the difference in the drop for social funding from
last year to this year?
Mr. Castaneda: Five hundred sixty-one thousand two hundred forty-seven
dollars.
Mr. Plummer: Less.
Mr. Castaneda: Less.
Mr. Plummer: That is approximately how much percentage less?
Mr. Castaneda: 36.3 per cent.
Mr. Plummer: So, if it were to be equally distributed across the board, every
agency that is a recipient would be receiving 36 per cent less than what they
got last year?
Mr. Castaneda: That is correct.
Mr. Plummer:
And that would be the fair and equitable way of doing it. Is
that correct?
Mr. Castaneda:
That is correct.
Mr. Plummer:
Ok. I just want that on the record.
Mayor Ferre:
Ok. Go ahead. Are you finished?
Mr. Castaneda:
Yes, that's basically. We have evaluations on every program,
and we are ready
to discuss any and all programs as you are interested.
Mayor Ferre:
All right, we will start with Commission questions at this time.
Are there any
questions from the Commission? All right, seeing none, then we
will start...
does anybody in the public wish to address the Commission?
Mr. Castaneda:
Mayor, and Commissioners I would like to correct something.
Y , , B•
Mayor Ferre:
Go right ahead.
41
Mr. Castaneda: We have recommended funding of all the agencies for the
exception of
Profesio which received last year a ten thousand dollar
SAY
allocation. Now, they have failed to enter into contract at this time, and
for that reason
we are not recommending them for next year.
Mayor Ferre:
Who is it you are not recommending?
`4 fi
Mr. Castaneda:
Profesio. Their program really run by volunteers and...
a
`
u
110 September 26, 1985
IP 0
Mayor Petre: Ok, All right.,,
MN Plummeri Mr, Kayor, may I just. say one other thing and then I'm going to
try to be gaite, I have from day one taken a position exactly that I Will
take today, Whatever monies we have I am personally; my vote is going to be,
number one, to feed the Hungry. My second priority is to treat the sick and
from anything left over we will talk about it. but I'm telling you that my
vote on social funding under federai revenue sheri_ng Has been and will
continue to be as long as we have that money, that first and foremost we are
going to feed the hungry, and we are going to treat the sick and whatever we
have left over we will talk about for tue other agencies. My vote will
reflect that 1 just wanted that on the record.
Mayor Ferre: All right,;, we will start over this way. Who wishes to address
the Commission?
Mr. Dawkins: Mr. Mayor, one question.., 1 me. -in, go ahead, while you are
calling that. Are you saying that this list. that I have here attachment one
reduces every agency's last year funding by )6 per cent Equally, every one
of them was reduced 36 per cent?
Mr. Castaneda: Yes, sir. For the exception of Profesio which was not
recommended for funding.
Mr. Dawkins: At all. But everyone of..o what you have got here is that the
Woe. I mean,...
Mr. Plummer: No, you... attachment two.
Mr. Dawkins: I don't see,..All right, arttachment two, then 85-b6'
allocationds is 36 per cent?
Mr. Castaneda: Lower than the 84-85' allocations.
Mr. Dawkins: All right, then... well, then where do you get 5.4... howdowe
get these other figures on the outside here?
Mr. Castaneda: You see they were reduced on a pro -ratio basis and the pro -
ratio of there.....
Mr. Dawkins; No, no, no, wait a minute. Now, hold it, hold it. I took old
is
math. I mean, I don't know what this you are telling me now. Hold on. No
no. Hold it now. Did you reduce each of these items by 36 per cent?
yi
t
Mr. Castaneda: Yes, sir.
�I
Mr. Dawkins: All right. So, then this 5-2, 4-2, 11, 1-3, 1-8, 15 and 11,
what is that?
Mr. Castaneda: Those percentages that you see there is the percentage of that
agency's allocation in reference to the whole package.
I
Mr. Plummer: To the total budget.
1;
Mr. Castaneda: To the total budget and we maintain that percentage the same
and that translates to 36.;j per cent cut.
z'
Mr. Plummer: So, in other words lets understand on the first one, Action
Community Center.
v
Mr. Castaneda: Right.
1
f`
Mr, Plummer: You are recommending they get fifty-three thousand three hundred
l '
forty-one?
Mr. Castaneda: Right,
Mr, Plummer; That is 5.43 of t1loir total budget?
Mr. Castaneda: Of the total budget for FRS last year as well as this year,
gl 111 September 26, 1985
4
Mr. Plummer: That's confusing.
Mr. Castaneda: That's why I'm saying it simplifies matter..6 everyone has
been cut )6.j down the road.
Mr. Perez: But down from the 19b4 allocation'?
Mr. Castaneda; Down from their B4-85 allocation.
Rr. Dawkins: Ok. Who has got a calculator over there. Ok. 5j, 341 is what
per cent of 8)1 617?
Mr. Castaneda: It is 65.6 per cent. minus one hundred is 36.3b.
kr. Dawkins: i give up.
Mr. Plummer: lie is right. He is right, unfortunately.
Kayor Ferre: Ail right, speakers. Go ahead.
Mr. Fred Santiago: Mayor Ferre, and fellow Commissioners, thank you for this
opportunity. I think that J. L. Plummer... Oh, first of all, my name is Fred
Santiago. I'm a member of the Board of Directors of the Puerto Rican
Opportunity Center, and I want to thank Commissioner Plummer for presenting my
case. Our agency of... the Puerto Rican Opportunity Center feeds the hungry,
helps the sick and employs the communities and the people in need.
Mr. Plummer: That's two out of three.
Mr. Santiago: All right, we were given... first of all the Puerto Rican
Opportunity Center is a misnomer. It isn't an agency that caters only to
Puerto Ricans. Let me give you some interesting information. jO per cent of
the total number of people served by our agency were Cubans, 30 per cent were
Black Americans or Haitian and only 31 per cent Puerto Ricans. So, we are an
agency serving the whole community. Last year we were funded for a total of a
hundred thirteen thousand dollars. This year with this funding we are still
five thousand dollars over which I am personally going to try to donate
_er
portions of it to cover the over expenditures for tnis funding year. We are
-'
requesting that it's impossible for our agency to function with seventy-two
_
thousand dollars. There is no way that we can provide the service that we
provide this community with that type of funding, and I am begging you for the
sake of the whole community to please finance the additional monies to be able
a
to operate the agency properly. We need at least equal to what we got last
year, and we need more, but we will be satisfied to get what we were given
s
last year. So, I beg you to please find the necessary funds to be able to
a t
keep our agency open.
fi
Mayor Ferre: Give me those figures again, one more time.
Mr. Santiago: Last year we were granted a hundred thirteen thousand dollars
with a barest minimum budget we spent a hundred eighteen thousand dollars. We
are asking this year to be funded to the tune of a hundred thirteen thousand
dollars again. If you allocate...
Mayor Ferre: How much is recommended here?
Mr. Santiago: Seventy-two thousand dollars. There is no way that this agency
�Fvh.
can function properly and provide the services that this community with a
seventy-two thousand dollar budget.
Mayor Ferre: Let me ask you this. It may be, Mr. Plummer, Commissioner
Dawkins, and Commissioner Carollo, it may be that we may be acting very
stupidly here in cutting down people twenty and 30 per cent. It may be that
it might be better to cut out programs all together and then the programs that
remain at least can be funded properly, because I think we do a little good
'when somebody needs... you know, that's like saying that... it just strikes me
that sometimes we are being foolish by trying to please everybody. We can't
please everybody.
gl 112 September 26, 1985
Mr. Santiago: Mr, Mayor, 1 agree with you and I am wining...
I`
Mayor Ferre: We might be better off to cut your program or somebody else's
program so that we can tdke the monies that remain and give others some
funding so thdt they can be proper.Ly funded. Now the problem with that is
that you may end up being the victim of tnat.
i4r. Santiago: Mir. kayor, I think our program would stand on itself on what it
does for this community, and 1 would be willing to sacrifice our position or
either not getting the seventy=two thousand dollars or getting the funding
that we need. 1 am willing to subject our agency to this type of condition,
but I believe we have enough,.& we provide enough for this community. We
provide a needed service for the whole community, and 1 triink our program can
stand on its on.
NOTE: COMMISSIONER CAHOLLO ENTEHEU MEETING AT 5:47 P.I+I,
I1r. Dawkins: You know, 1 agree with you Freddy, and 1 agree with the Mayor.
This... Mr. Urra here? What's the name of your agency Urra? What's the name
of your agency? Come up to the mike please. What's the name of your agency.
Mr. Orlando Urra: Allapattah Community Action.
Mr. Dawkins: Ok. Allapatt.,ah Community Action, rignt? We juat built a
facility for you to feed people in. Is that correct?
Mr. Urra: Right.
Mr. Dawkins: So, that means that you would be attempting to feed twice as
many people, rignt?
Mr. Urra: Right.
Mr. Dawkins: And as they say, we gave you forty-one thousand dollars last
year and I'm just... and I want you to know this is nothing personal. I'm just
picking me one out of here any where to try to get a point over here and we
are going to give you twenty-six thousand dollars now. We have given you more
space to feed more people with the cost of food going up we are giving you
less money. Can you function?
Mr. Urra: No, it's impossible.
Hr. Dawkins: That's the same thing you are saying Ferre.
Mr. Perez: How many families are you serving Urra?
,a
Mr. Urra: Right now three hundred everyday. We wait about four hundred
E'
Y ,
people beginning September 30th.
Mr. Perez: And you Freddy?
Mr. Santiago: Our agency... Puerto Rican Opportunity Center, we have over
ter
forty-two hundred people that we saw doing the whole year. That's not only
feeding people. People that needed phycological help, people that needed
employment, people that came from out of town to New York from Orlando that
have a desperate situation and they come to Miami...
Mr. Perez: But for food. For food how many are you serving? How many people
are you serving per day for food? You don't have any food service there?
Mr. Santiago: Yes, we do. It's at least fifteen every single day at the food
>"
shelter on the food program, but we serve over four thousand people during the
A
who year in our agency. See, we are a multi -service agency.
Mayor Ferre: All right, well, we have to listen to all the other people. So,
.:
why don't we...
Mr. Santiago: All right, thank for opportunity.
you your
a„
��'i ✓.., JS 1
gl 113 September 26, 1985
Mayor Ferre: Thank you. Anybody else want to address the Commission: Ail
right, just start right... whoever it is that wishes to address the Commission
come right up.
Ms. Christina Penedos Yes, my narne is Christina Penedo and 1 represent
;southwest Social Services at '7,)b'1 ;Southwest Sth Street. We feed fifty-five to
fifty-eight residents of the City of 1+1i_ami on a daily basis. We give them a
variety of social services and recreational activities which are at no cost to
the City. in addition, part of the money that we use to pay for their metals
comes from other sourcesd if our agency was faced with a cut of }b per cent.
October 1st. we would have to tell at least tYrirty-five persons from the City
of ;Miami not to come to the site because we couid not feed them. From our
total budget we don't even have one full-time paid position and...
Mr. Dawkins: Say that again.
Ks. Christina Penedo: The total budget, there is not one full-time position.
We have two positions and they add up to Like eighty-four per cent of one
position.
Mr. Dawkins: So, what you are saying is that the majority of the money you
receive goes to food.
Ms. Christina Penedo: ... of our money comes food.
IMr. Dawkins: Thank you.
Mr. Perez: Christina, how many families... how many persons do you serve
daily?
Ms. Christina Penedo: Daily we serve an average between fifty-five or fifty-
eight. In June we had already achieved over eighty per cent of our goal of
how many clients from the City we were to see.
IMr. Perez: Ail of the City of Miami area?
Ms. Christina Penedo: All of the City of Miami.
Mr. Perez: You have a recommendation for twenty-seven thousand. Do you think
that you can accept...
Ms. Christina Penedo: It cost more than twenty-seven thousand to feed the
people we are feeding right now.
f
Mr. Dawkins: You say you are Southwest Social Service?
Ms. Christina IPenedo: Yes.
t3 '
'-
Mr. Perez: How much is the minimum that you request?
Ms. Christina Penedo: We were requesting fifty-five thousand dollars. We
x
would be happy if we stayed with the same level of service last year which was
r
forty-three thousand nine hundred forty-seven.
1
"
Mr. Perez: You request fifty-nine and you have forty-three last year.
Ms. Christina Penedo: Forty-three.
Mr. Perez: And now have a recommendation for twenty-seven.
�L
Ms. Christina Penedo: Well, I have a waiting list of a hundred eighty-nine
5
clients, but it's easier to say "no" to somebody that is waiting than to turn
K;
someone down that is there.
Mr. Perez: People of the City of Miami.
Ms. Christina Penedo: City of Miami residents.
Mr. Perez: That doesn't have any relation with your West Miami Center?
gl 114 September 26, 1985
I4s. Christina Penedo: No, no, no. west Miami Center we have a waiting list
of about sixty-five clients. They are very well kept separated, both sides
and those people are fed with area agency on aging money just, like part of the
City of Miami, is. Ok.
Mr, Dan Brady: Heilo, my name is Dan Br,::Ldy. I'm an Assistant Director of the
Miami Jewish home and Hospital for the Aged, and I'm spearing to you tonight
about the Douglas Gardens, Legion Park, City of 14i.ami. Day Center at Legion
ParK, The Day Center located at Legion Park provides a range therapeutic
medical services and meals, and transportation for frail functionally impaired
City residents sixty years of age and over. Tne proor.am specifically provides
comprehensive program of supervised medical care, not nutritious meals, and
transportation to and from the center. Tile program is operation from Nouday
thru Friday from d o`c lock in the morning to 4 o'clock in tcie afternoon. The
program opened in 1y75 and has received support from the City of Miami from
1976-77 to the current year. We currently are providing approximately ten
thousand meals a year to forty to forty-five older frail adults on a daily
basis. The program is in attempt to maintain these people in their home
communities and allow them to enjoy life at home in their older years.
Currently...
Mr. Dawkins: What's the program?
Mr. Brady: Douglas Gardens, Legion ParK Adult Day Care Center. One of the
important points to realize in t.ne program is that currently a majority of the
participants in the program are members of the Hispanic or Black community in
the Miami City area. i urge your continuing support for this program. It's a
program which our staff has provided background material to members of the
Commission on. Failure to receive the amount of money requested, a hundred
eight thousand, will place in the petition of having to make serious decisions
of our capacity to continue the program at it's current level. Thank you.
Mr. Plummer: Mr. Mayor, I have and I'm going to have them make it available.
They have a list here of the agencies that are just in the criteria and food,
and sick and I'm going to have this photostatic for all of the rest.
.:
Ms. Victoria Hernandez: Mr. I4ayor, and Commissioners, my name is Victoria
Hernandez. I'm the Executive Director of ASPIDA of Florida, an organization
which has provided valuable services to disadvantage Hispanic and Black Youths
for over four years now in the City of Miami and we are very grateful for the
funding that we have received over these last four years. However, 1 am here
before you today to request that you do not pull the rug from underneath us.
In this past year we have received excellent agency performance reports from
your own staff. We have serviced more youths than we had plan to contract to
serve and more importantly, we have provided quality work with these youths,
which is demonstrated by the fact that we do have a group of young Aspidators
here who have come today to observe their City leaders, to observe all of you
and to plead on behalf of ASPIDA that you do not cut the services of ASPIDA to
these youths. In the last year there have been two grand jury investigations
that have noted two increasingly urgent problems in this community, which is
crime and the school drop out rate. Especially, among Blacks and Hispanics.
ASPIDA does precisely or try to get precisely those two problem areas and in
the process we have young leaders being developed everyday. i understand your
predicament, and I understand Commissioner Plummer's concern that we feed the
hungry and the poor, but we cannot abandon or forget our young people. With
me is a young man who would also like to address the Commissioners. Thank
you.
.x.
Mr. Charles Borges: Good evening Mr. Mayor, and Commissioners. My name is
f
Charles Borges. I'm past President of the ASPIDA Club at Robert E. Lee Junior
s
and a member of the ASPIDA Club at Jackson Senior High. On behalf of the rest
f`
of the aspirantes I would like to express my feelings about ASPIDA. I think
ASPIDA is important because it deals with youth, and youth is what will be
tomorrows leaders. I know that from my own personal experiences the
difference it's made in me, because before I joined ASPIDA I used to fight a
lot and get into trouble and I had a lot of conflicts among my brothers. Now,
I can... and I had a bad temper. Now, I control my temper. I get along with
my brothers, and I avoid fights. I have been able to... I have also been able
to realize that 1 have special leadership skills that i didn't know I had
before. I hope you seriously think about ASPIDA and the importance it has to
w 4. •
gl 115 September 26, 1985
0
the youth of ;Miami and that you will support as by funding us. Thank you very
much, have a nice day.
Mayor Ferre:
Excuse me,
Ivir. Washington.
hir. Perez, what's
the name of the
young fellow
that just walked out. Why
don't you get nim
back here for a
moment. I
didn't want
you to walk away witnout congratulating
you and
thanking you.
I know it
takes a certain
amount of nerve to
get up before an
audience and
you did it
real well and I
just wanted to tell
you that we are
all proud of
you.
Mr. Borges: Thank you very much.
Reverend William H. Washington: Mr. I4ayor, members of the City Commission, I
am +.he Reverend William H. Washington, ;3r. Tne Chairman of the bourd of
Directors of Opportunities Industrialization Center, Inc. I appear before you
today along with some of the constituencies of Oij to plead for the continued
existence of a vital community organization which means so much to the hearts
and the mines of people living in the Liberty City and surrounding areas. OiC
as it is known is situated at the very hub of the redevelopment process which
is presently taking place in the old Edison Center Business District where I
partly grew up as a boy. Diagonally across the street from OIC on 62nd Street
and 7th Avenue hangs the picture of the late Dr. Martin Luther King, Jr. as a
reminder and a center piece of what great, sacrifices were made in this
community and other for the advancement and progress of people. While such
fervent attempts are being made to rebuild the community our youth, the most
neglected segment of our society with at uouble unemployment rate grow
listless and hopeless and they need to be encouraged continuing to look to
such organizations as O1C as a symbol and as alternative to the drug culture
and the highway robbery lifestyle. For sixteen years now OIC has stood as a
image of progress with the philosophy of self-help to the community and to the
more than five thousand who have directly benefited for its services. I have
spent personally more than one thousand volunteer hours directly leading the
organization during this crisis along with several hundred of my personal
dollars trying to keep the idea OIC alive, which stands now as an to the
anticipated profits to be made in this area. Some twenty or more churches
rally to OIC's cause when the save OIC dinner was sponsored in April of this
year and many of the businesses also contributed. The County of Dade County
recently passed a resolution granting to OIC three hundred thousand dollars
for the renovation of the building and with additional funds to pay off the
mortgage. OIC met it OJT quota for FSETC and was funded tentatively for one
hundred seventy-eight thousand dollars. However, OIC has back liabilities of
sixty thousand dollars which means, of course, that I have been informed that
these funds will not be released until the liabilities are cleared up. Mr.
Mayor and distinguished Commissioners I am requesting in spite of the
tremendous obligations that this budget presently have, but, because of the
unemployment in our area and the hopelessness and despair of many of our young
people, I am requesting the you would grant to OiC a one time grant of sixty
thousand dollars to take care of its liabilities so that it can get on with
the business at hand of serving the unemployed, the disadvantaged, and the
hopeless in desperate need of a positive gesture from you that they are
important and can make it if they will try.
Mayor Ferre: Thank you, Rev. Washington.
Reverend Washington: Submit it to Reverend William H. Washington, Sr...
Mayor Ferre: Ladies and gentlemen, I would appreciate if you would... and the
'
reason that light d
g goes on and that's a five minute light and I would most
grateful if you would keep your statements as, you know, tight as possible.
All right, thank you, Reverend Washington. We will be back to discuss this
I'm sure.
Ms. Mary R. Smith: Mayor, and Commissioners, my name is Mary R. Smith. I'm
�y
here representing Christian Community Service Agency to talk about a special
appeal on behalf of the Nicaraguans in the Little Havana Community. We are
trying desperately to continue a feeding program where we are serving a
thousand Nicaraguans annually and providing meals, twenty-one thousand meals
per year through donated food goods that we are able to distribute to the
Nicaraguan community and the support services that go along with being able to
feed this group. This is a special group of people in that they are trying to
.m�
gl 116 September 26, 1985
survive legally. They are not entitled to the normal government subsides of
the poor because of their immigration status and it is a real concern to all
of us, especially, in the Little Havana community. I'm hoping that you will
give this some consideration. it's a speci:ai need this year that we ask you
to please...
Mayor Ferret Let me ask you a question. 'where do you get your funding
normally?
Ms. Smith-. For this program, right now the County is helping to fund it. The
churches, the local churches donated goods.
Mayor Ferre: These are the Protestant Churches?
Ms. Smith: Protestant Churches predominantly and donated good that they
generate in Sunday collections...
Mayor Ferre: They are not getting funds from United Way or the State?
Ns. Smith: For tnis particular problem, no.
Mayor Ferre: Ok. Thank you.
I4s. Smith; Thank you.
Ms. Miriam Roman: My name is Miriam Roman. I represent. Centro Mater, 41d
Southwest 1st Avenue. Centro Mater has received twenty thousand dollars and
these funds are to keep the program open during the Summer. We nave... we are
serving eighty preschool children from low income families in the area. We
received funds for the rest of the year, but we need to keep the program open
in order to prevent unemployment for the parents. Please help nis to feed and
take care of our children. Thank you.
Ms. Anatolia Patino: Mayor, and Commissioners, good afternoon. My name is
Anatolia Patino. I represent the NCC Hot -Meals That means First United
Methodist Church of Downtown. We had been receiving ten thousand for about
four years from the City from which we are really grateful. We just asking if
it's possible for us to get the same amount this year, that we continue until
we see what we can do next year without those ten thousand dollars that we
received. Thank you very much.
Mr. Edwin Beacom: I am Edwin Beacom, for the First United Methodist Church.
I am Assistant Director of the Hot Meal Program, and we serve approximately a
hundred fifty meals a day and it would hurt us quite a bit if we didn't get
the same amount. Thank you.
Mayor Ferre: Thank you, sir.
Ms. Ingrid Grau: Good afternoon, Mayor, and Commissioners, my name is Ingrid
Grau, Executive Director of Wynwood Elderly Center. I was here... I'm here
once more to ask for the same request that I requested to you last month.
Wynwood finally has its seventy-two unit elderly housing project and it's
opening probably in October. We are going to be serving a hundred more
l elderly. At the present location...
Mayor Ferre: Are these hot meals?
Ms. Grau: Hot meals. This is Wynwood Elderly Center. You know, we provide
hot meals, transportation, escort, you know, a regular senior center. And we
;! are requesting thirty-three thousand dollars in order to cover the operational
cost for the program since we got this space donated by HUD and also the food
donated by Catholic Service Bureau.
x Mayor Ferre: Ingrid, let me publicly thank you for something. Last time you
were here, you filled this room with senior citizens with signs as you
�ry remember and I told you at that time that anybody could do that and that I
know that that was an inheritance from my good friend Jose Mendez who is no
y {' longer with us and it's fine, but I think that we don't need to operate that
way, and I just want to publicly acknowledge that I recognize that you are
s here a long, that you didn't bring down the two bus loads of senior citizen
3 with signs...
rti 1 117 September 26, 1985
ivis. Grau: I'm completely unarmed.
Mayor Ferre: No you are not unarmed. You are here in foil strength and i
just want to recognize that what you have done and i thank you for the
courtesy you have had to us.
Ills. Grau: And thank you for teaching me a lesson too.
Alayor Ferret Ail right., any other spe.lKers? Are there any other speakers.
Yes; sir?
Mr. Lin Kominski: Yes, my name is Lin Komi.nski. I'm with the Haitian Refugee
Center. First i would like to tiinuk you ail for the grant that you did give
us last month that helped us tttrough the last budget year. We are on of the
agencies that, applied this year for the first time for federal revenue sharing
who did not receive funds. We do serve a service to the community in the fact
that Haitian refugees do need legal representation so they can obtain worx
permits and then become productive members of the City of Miami. That is our
goal and that is why we represent Haitian refugees in asylum claims. We
realize that we did ask for sixty... about, sixty-five thousand dollars in
federal revenue sharing. We understand you did not have that type of funds
available, and we are not requesting that amount, of money at this point.
However, we do need to maintain one or two of our positions. We would
appreciate if the Commission could find the funds to at least pay for one
attorney which is twenty thousand dollars a year to help us maintain and
continue the services we do give to the Haitian asylum seekers. This
position is important. We are in Immigration Court on a daily basis and the
attorneys that we do have cannot handle the load. We did hire a third
attorney with some money that has run out and cannot maintain him throughout
the next year unless we do receive additional funding under some
circumstances. I hope you will take this into account and find some way to
give us this money through the City budget. Thank you.
Mr. Cal Davis: Good evening Ar. Mayor, and Commissioners. Ply name is Cal
Davis. 1 am the Executive Director of the Coconut Grove Family Health Center
and we wish to thank you as well for having supported us through last year and
having made it possible for us to be able to do some renovation and expansion
of our present facility. As Commissioner Dawkins, pointed out, we are
somewhat in a dilemma. We are expanding, moving into additional space to try
to service an increasing client population and yet we are having to do that in
the face of decreasing budgets. We do wish you to take into consideration our
plight. We understand your predicament as well in terms of the decreasing
federal revenue sharing funding, but we do feel that we meet the criteria that
the Commission has established in treating the sick. We are a primary health
care center that provides comprehensive medical services to the residents of
Coconut Grove. Last year we serviced roughly eight thousand seven hundred odd
plus users which represented something lixe twenty-three thousand medical
encounters. We presently have a staff of about twenty-three which is
supported through four separate funding mechanisms, one of which is the City
of Miami, the other is Metro Dade County, United Way and a federal grant. All
of those budgets have been maintenance budgets. What we are asking to
Commission today is to continue us at a maintenance level. We are not asking
any increases in our budget. We received last year twenty-four thousand seven
hundred ninety some odds dollars from the City of Miami. We are asking a
continuance at that level. Thank you.
Mayor Ferre: All right, thank you, sir.
Ms. Josefina Carbonel: Good afternoon Mayor, and Commissioners, my name is
Josefina Carbonel, and I represent the Little Havana Activities and Nutrition
Centers. I agree with Commissioner Plummer that we should keep priorities in
mind, with that in mind a 36 per cent cut on my meals program for the elderly
would represent approximately a hundred meals less, when we have a waiting
list of over two hundred people in three sites.
Mr. Plummer: And you do one hell of a good job, but the simple answer is,
where is it going to come from.
Mayor Ferre: Three site in Miami.
gl
118 September 26, 1985
kiss;
Mr. Carbonel: That's right.
Mr. Plummer: Yes, they do an unbeiievable job ;4r. Mayor. 1 have snuck in
there at times, unannounced..:
,Mayor Ferre: Of course, he goes for a meal.
Mr. Plummer: Not sir, i didn't eat, because if 1 did they would have to Kick
out five other people, but. l nave been triere on any number of occasions, but
the bottom...
.Mayor Ferre: Plummer a little free meal nere and there is not bad, but on any
number of occasions is pushing it a little bit, l wish you won't uo that.
14r. Plummer: But Mr. Mayor, you sent me there to bring back a care package
for you. Look, the point I'm trying to make, you Know, everyone of you call
make a good and great case and I think everyone of you here after all of these
years, I don't know of one here that we can't say that hasn't aone a good job,
but our money is cut.. Something has got to give. Now, I have no magic wand,
nor does any Commissioner sitting up here to say that you can cut this one and
not that one and 1 don't know of any other way to do it fair and equitable
except across the board. 1 got to tell you there are one or two on this list
that I could say that they don't come under my criteria, but if you don't cut
equitable across the board, then I'm going to be taring money from Orlando
Urra and he is going to tell me that he can't feed the hundred people and if I
take it from the Jewish Home for the Aged, they are going to tell me the same
story. I don't know how else to tell you the money is not there.
Mayor Ferre: How about if you take .it from Barbara Carey?
Mr. Plummer: Well, you know, that's one of the ones that doesn't qualify and
I think we are going to have to address that. I think we are going to have to
address a technical institute that doesn't feed... and they do a great. job.
Mr. Mayor, I have distributed to each and every one of you and by the way,
it's amazing, this list here comes to a total of eight hundred forty-four
thousand and restores everyone to last year's level of funding predicated on
the criteria of food and medicine.
Mayor Ferre: Are there any other speakers left? Anybody else wish to add
anything? All right, Mr. Navarro. You are a believer in feeding the poor
too.
Mr. Jose Navarro: Yes. Jose Navarro with Senior Centers of Dade County. I
realize the situation that the Commission is facing and we know that when it
comes to try to solve all of the social needs it's definitely one position in
which I wouldn't like to find myself. However, in behalf of our agency, in
behalf of the individuals that have been able to receive services throughout
this year because of the decision that the Commission made last year, we are
very appreciative. I would like to say that basically the program which we
have requested from the City of Miami is geared towards the frail elderly.
The individuals who are home bound, who are going through a transition of
recuperation or who are facing a physical limitations and by doing that we
feel that we are saving the taxpayers a lot of money, because we are
preventing those individuals from having to go into an institution. Again, we
know what you are facing and that we ask that you take into consideration the
individuals who will be very grateful to the Commission if these services were
to be continued.
Mayor Ferre: Now, let me understand so I can get this right. Last year
Senior Centers of Dade County, that's you. Right?
Mr. Navarro: That's correct.
Mayor Ferre: Senior Centers of Dade County got...
Mr. Plummer; A hundred seventy-four thousand nine nine.
Mayor Ferre; And you are...
gl
119 September 26, 1985
Mr. Plummer: Proposed this year for...
Mayor Ferre: AT 11, 111.
Mr. Plummer: joy.
Mayor Ferre: Now, what you are asking for is...
Mr. Navarro: At least to be able to maintain the same level of funding as
last year. basically, even if we were able to maintain the same level tnis
would represent a reductin in services, because our program was late in
getting going due to the time when it was funded.
Kayor Ferre: You are basically, asking for one seventy-five.
Mr. Navarro: One seventy-five will be able to... would allow us to maintain a
Level of at least three hundred fifty meals per day, seven days a week.
Mr. Perez: How many? Three hundred?
Mayor Ferre: Three hundred fifty.
Mr. Perez: That's all people of the City of ivli.ami?
Mr. Navarro: Witnin tile City of :Miami. Yes.
Mayor Ferre: All right, any other speakers at this time? Are there any other
speakers that wish to address the City of ivli_ami Commission. if not, I will
open it up for questions from the Commission, statements and then I will
accept motions.
Mr. Carollo: Mr. Mayor, I have a couple of questions of Centro Mater. is the
c
request you are making for food?
}<
Mayor Ferre: Your request is for twenty thousand as 1 recall.
Mr. Carollo: I that for food or...
Ms. Roman: Well, the request is to keep the program open and the children
receive breakfast, lunch and snack there.
Mr. Carollo: So, it is for food then too. Thank you. Orlando Urra. Is he
here still? Orlando, what is the minimum that you could do with? kIN
SPANISH).
Yk
Mr. Urra: Eighty-eight thousand dollars.
Mr. Carollo: SIN SPANISHj.
Mr. Urra: Eighty- eight thousand dollars.
Mr. Caroilo: Eighty-eight thousand seven hundred two.
:..;
Mr. Plummer: So, that would be forty-seven more than what lie has now.
Mayor Ferre: You got it.
r.
Mr. Carollo: SIN SPANISH). How many more people are you going to service
here?
I
"
Mr. Urra: We wait about four hundred people everyday, we serve.
Ivir. Carollo: Four hundred people everyday. k1N SPAN1SHj.
N
Mr. Urra: One hundred more.
Mr. Carollo: SIN SPANISHj.
g1 12O September 26, 1985
0
Mr. Urra: We need it for insurance of the buiiding, more food.
Mr. Carolio: Thank you.
Ar. Perez: Mr. Manager, how many centers of Orlando Urra do we have in the
City of Miami. You know +het we are going to inaugurate next Monday a new
social center. Do the City have any otner cen*er as what Orlando...
Mr. Castaneda: This is the only one like this tnat we hive.
14r. Perez: This is the only center that +re have in the City of Xi.ami. area.
Mr. Castaneda: For meals facility. in Model City we have the tacolcy program
which is a youth recreationai type program whi.cti is operated by non-profit.
But center for meals facility of this magnitude is the only one.
Mr. Perez: For meals for facility, this is ttte only one sponsored by the City
of Xiami. I4r. kayor, are we open f5r a motion?
Mayor Ferre: Well, wait a mi.nute, let's get questions first. Any other
questions from any other member of the Commission?
Mr. Plummer: Mr. Mayor, i just Want to bring out to you...
Mayor Ferre: Questions, questions.
Mr. Plummer: No, ok. I have none.
Mayor Ferre: No more questions. AIL right., now statements. Go ahead
Plummer.
Mr. Plummer: Mr. Mayor, on this list which we have prepared to those of
feeding the sick and treating the.... the hungry and the sick, it comes to a
total, if we give them last year's funding to eight hundred and forty-four
thousand doi.lars. Or it ieaves over a balance of a hundred thirty thousand to
address either increasing those or others.
Mayor Ferra: No, no. You for got Centro Md ter, too.
Mr. Plummer: No, sir. I'm saying we can do Centro Rater and the Urra
difference if that is the wisdom of the Commission, because they both address
food and you can take it from that one thirty-six. I'm sorry. Yes, from the
one thirty-six you take away sixty-seven more.
Mr. Carolio: You know what I would be in favor of J. L.
Mr. Plummer: What's that?
Mr.
Carolio: To cutting it to programs that, one, are
either
feeding....strictly that. Feeding...
Mr.
Plummer:
That's what this is, Joe. This was at last year's fund.
I put
one
of these
in front of your book.
Mr.
Carollo:
Ok. I got it now.
Mr.
Plummer:
That still leaves you sixty-four thousand over Mr. Mayor.
Mayor Ferre:
How much?
Mr.
Plummer:
Sixty-four thousand.
Mr.
Carollo:
What I would do is... is that including the additional
funds
that
Urra is
asking for?
"Ir.
Plummer:
Yes, sir. In other words, what you would be doing to the
eight
forty-four
you would be adding sixty-seven. So, that would be...
Mr.
Carollo;
Yes. Does that include Centro Rater?
gl
121 September 26, 1985
01
Mrs Plut ►er For twenty thousand,
Mrs Cdrollot Does that include Centro Mdter?
Mrs Plummer: Yes# sir: I have gadded that to the bottom of those two items.
Mrs Cdroll,): Ok.
Mayor Ferre: I got to tell you something and I'm not trying to break this
down on a racial basis, because i don't think we can,,.poverty and hunger
can't be broken down that way, but i got to tell you that out of this nine
hundred thousand dollars, Black services as Coconut Grove Family Clinic,
Haitian, James Scott, that's it. Right# Miller?
Mr. Dawkins: Correct.
Mayor Ferre: That's twenty-four and seventy-five is a hundred and thirty-
five. lt's a hundred thirty=five thousand. Now, the last time I looked we
have...
Mr. Carollo:
A hundred and what?
Mayor Ferre:
A hundred thirty-five thousand. We got an awful lot of poor
Black people.
Mr. Plummer:
Mr. Mayor, you still have seventy thousand left over, if you use
+he format...
Mayor Ferre:
Well I think you have to do something for Belafonte Tacolcy. I
think you nave
to do something...
Mr. Dawkins:
Ain't feeding?
Mr. Plummer:
Would you like to consider going more heavy on like James E.
Scott?
Mayor Ferre:
I think you got to do that. You got to do that to balance it
somehow.
Mr. Plummer:
All right.
7
Mr. Dawkins:
I mean, if we are going to remain within what we said, feeding
people, that's
what we will have to do.
Mr. Plummer:
How much more do you want to address to James E. Scott.
Mr. Carollo:
... you want to make sure some that don't eat too good and some
don't eat at
all.
Mayor Ferre:
Well, the other problem is that you have got organizations such
as PROCK and
ASPIDA that have served a certain segment of this community that
l:
are completely ignored by this alternate proposal. I mean, this is just...
It's complicated. I'm not telling you that... See, I think what Urra is
requesting is
proper and I ain't got no problems with it.
Mr. Plummer:
Can I offer you a suggestion?
Mayor Ferre:
Yes, why don't you.
Mr. Plummer:
Mr. Mayor, let me offer you a suggestion. I think we have a
5
concurrence somewhat
that what we do is pass this at the eight forty-four and
hold the rest
in abeyance.
Al
Mayor Ferre:
Do what?
A
Mr. Plummer;
To pass the eight forty-four and hold the rest in abeyance
Mayor Ferre;
I think you are just kidding yourself. What you have left...
y,
Ms. Pl er;
All right, I'm ,just trying to get you off dead center.
gl
122 Setembex 26, 1955
Mayor Ferre: You are not betting me off the hoor:, because what you got is you
got, seventy thousand dollars that's Left over to be distributed amongst people
who need two million dollars.
Mr, D�iwxitist You are right Maurice rind it can't be
Mayor Ferre: And you know, there is just no way you can fit such a big need
in such a small little barrel and we may as weil face up to the issue and
obviously, 1 don't thin; the way +.iris thing..: We can Rio one of two things.
Either everybody just takes a st.raignt, across t ie board cut or we are just
going to have to cut some programs out and they are just., going to be the
losers and some will survive in ta,;t and some ;ri.li go by the way side. I
mean, want to tell you I just... every year tnis thing comes up i say the same
thing over and over again. Tnis is tite worst part of the job of sitting up
here and serving on this Commission. Every year deciding who gets money and
who doesn't get money. 1 hate it. it's the worst part of the job. The worst
job in the world is deciding which social services isn't going to be funded.
it's just terrible. Mr. Manager, does the administration have any pearls of
wisdom or Solomonic solutions to how we can distribute when we only have a
hundred loaves or five loaves of bread, how we can feed a hundred people?
Mr. Pereira: I have to agree with you the problem is it's one of the toughest
things that we have to go through is when we have to review all these programs
which are doing a tremendous job in the community and try to come up... and I
just have to repeat what I said to you earlier. The only acid most fair way
and equity way of doing it, in my years in tnis business is, you know, the
equal distribution of the satisfaction arid that's, you know,...That's just the
only... that's probably the only fair way to, you know, to do it, Mr. Mayor
and you know....
Mayor Ferre: What is Tacoicy Economic Development. Corporation... Otis, 1 see
you didn't speak out.. What happens... What do you do whit that money?
Mr. Otis Pitts: Mr. Mayor, and members of the Commission, my name is Otis
Pitts. I'm the President of Tacolcy Economic Development. Corporation. Last
year we were responsible for creating directly Edison Plaza of over a hundred
thirty jobs in that community. To marginally employ individuals and
unemployed persons, principally effecting the youth in the community. Over a
hundred twenty-two jobs were created for youth alone at the Winn Dixie Store.
Some eighty jobs were created at the... indirectly created at the MacDonald's.
Now, we are instrumental in getting a strip shopping center built which now
has some ten stores. We provided a variety of services to persons in the
area. We painted up some twenty odd businesses in the area.
Mayor Ferre: Well, how important is this proposed sixty thousand dollars to
you?
Mr. Pitts: Well, it adversely affects our budget. We are requesting an
increased amount.. It will drastically cut what we are trying to do in the
organization. It...
Mayor Ferre: Well, how come you didn't get up and speak before?
Mr. Pitts: Ky concern is is if there are going to be cuts and they are going
to be equitably cut across the program then if that's toe position of the
Commission and of the staff, then we feel like everybody suffers equally in
that regard, but when it gets to... if the issue on the table is, we are going
to cut some organizations out and leave some in, then I feel at that point,
and time...
Mayor Ferre: All right, well, I will tell you what one member's position is
here. If we have to suffer, then everybody has to suffer equally. That's the
only way I'm going to vote.
Mr. Dawkins; That's one of the reasons that Mr. Pitts did not say anything,
because he had said that if you were going to feed the hunger, he would not
stand... his agency would not stand in the way of feeding the hunger. Now,...
but if we decided to go another way then it would be time to defend your
program. Is that right, Iwir. Pitts?
gl 123 September 26, 1985
Ar. Pitts: In effect, that was ray approach. However, we do recognize that
without this funding we cannot fund some: essential services in the area. We
are prepared, of course, to recognize tnat the staff nas, and the City of
;Miami Commission has a problem trying to fund all this need and I understand
and have to be sensitive to that. We are hopeful, of course, trying to
negotiate something with the City which permits us to fund some of the
activities that we are doing. We feel they are critical to the survival of
our agency. Many of the persons whom you are trying to address in other
programs, we are helping them as weir.
Mr. Plummer: I wiil try a motion .if you went.
Mayor Ferre: Go right. ahead.
Mr. Plummer: 114r. Mayor, I will propose that this list which nas been
formulated of feeding t.iie hungry and treating the sick for eight hundred
forty-four thousand six forty-four which is the same amount of money that each
one of those agencies received last year to be in-luded, beyaud that figure
would be twenty thousand for Centro iMater and forty-seven thousand for the
Allapattan Community Action to increase theirs, because it is a City program
would come to nine hundred eleven thousand six hundred forty-four dollars and
that the remaining be held in abeyance for further action by this Commission.
Kayor Ferre: I will accept that motion. is there a second to the motion? is
there a second to the motion? Oue last time. Now, repeat your motion.
Mr. Plummer: Mr. Carollo, my motion is that the alternative that we have been
handed for food and medicine of eight hundred forty-four thousand, to that to
be added twenty thousand for Centro Rater and forty-seven tnousand for Urra's
program for a total of nine eleven six four four and a seventy thousand
balance that would be in that account be held for further action by the
Commission.
Mayor Ferre: All right, for the .Last time now. Is there a second for the
motion as made?
Mr. Carollo: Ok, I will go along with that motion.
Mayor Ferre: Ail right, there is now a second to the motion. is there
further discussion?
Mr. Plummer: Mr. Mayor, just to... so that for clarification let me, if I
may, that would be the agencies of Action Community Center, Allapattah
Community Action, Coconut Grove Family, First United Methodist, Haitian
American Community, James E. Scott, Little Havana Activities, Miami Bridge,
Miami Jewish Home for the Aged, Senior Centers of Dade County and Southwest
Social Services, Centro Mater and the increase, of course, to Aliapattah
Community Action.
Mayor Ferre: Further discussion, call the roll.
Mr. Perez: Ok. Before calling the roil Rr. Mayor, I would like to ask a
question.
Mayor Ferre: Go right ahead.
Mr. Perez: The Senior Center of Dade County, Mr. Navarro...
Mayor Ferre: He is asking for the same funding as last year.
Mr. Perez: You think that you can run your program with a hundred seventy-
four thousand?
Mr. Navarro: Well, definitely. It would represent a reduction of units based
on...
Mr. Perez; How much will be the minimum that you accept or that you...
Mr. Navarro; In order to maintain the same level of eighty-five...
gl 124 September 26, 1985
Mr. Perez: You are asking for four hundred'?
F
Mr, Navarre: We are requesting four Hundred in order to mdiutain the same
present level. The basic problem is that since the program was implemented,
we have had tremendous request. We are presently serving four hundred
seventy-five and there is a very large waiting list that was based when we
developed the proposal for the four hundred thousand. In order to maintain
our .acceptable level of operation based on the beginning of the two hundred
thousand...
Mr. Perez: About. -S25,000 more, i ask the maker of the motion...
Mr. Plummer: i will accept that .amendment.
Mr. Carollo: What's the amendment now?
K r. Plummer: Twenty-five thousand more for Senior Centers.
Mr. Carollo: Twenty-five thousand more.
Mr. Plummer: Yes, air.
Mr. Carollo: I will go along with that. flake it two hundred even.
Mr. Plummer: Ali right, that will bring us down to... it st,iil .leaves us with
a balance of forty-five thousand.
Mr. Perez: Ok. Now, you have the Puerto Rican Opportunity Center.
Mayor Ferre: You have got Freddy Santiago and the people...
Mr. Perez: Yes, what is... and Ingrid, the Wynwood...
Mayor Ferre: You have Ingrid Grau with the Wynwood.
Mr. Perez: Ingrid Grau. Of the Puerto Opportunity Center, where is Freddy
Santiago?
Mr. La Santa: He stepped out but if you have any questions my name is
La Santa. I'm the program coordinator.
Mayor Ferre: How about Wynwood Elderly Center. Is that for food'? Is that
nutritional? What is your request?
r
y
Ms. Grau: Thirty-three thousand.
"
Mr. Plummer: For which group?
:.
Ms. Grau: Wynwood Elderly Center.
Mr. Perez: That's for meals?
u; ?
Ms. Grau: That's for additional cost to provide meals.
Fi I
Mr. Plummer: Well, you received nothing last year. So, that's a new program.
Mr. Carollo: And you are asking for thirty-three.
Ms. Grau: Thousand.
Mr. Carollo: What is that going for?
Ms. Grau: Excuse me.
`
Mr. Carollo: What would that be going for?
,•„ ,
L
Ms. Grau: To provide the insurance and everything we need to provide the
food, but we have the food.
gl 125 September 26, 1985
PIN
Mr. Carallo: Ok, Thirty=three... Ali right...
Mr. Plummer: it's a brand new program. That's +tie problem.
Mr. Carollo: How about Youth Co-op. Is that being included in what you
mentioned J. L.?
i0ir. Plummer: No, sir.
Mr. Perez: But it's a brand new program, but nave a track record established.
When did you start your program, Ingrid? ingri.d, when do start your program?
Ms. Grau: We will start our program only if we can eet the facility.
Mr. Carollo: Yes, I know, but your agency. No, not this program in
particular.
Ms. Grau: Oh. We have our agency since 19'16. it's funded through Community
Development, City of Miami.
Mayor Ferre: Well, you know, you are talking about Plummer medicine, food and
medicine. Right'?
Mr. Plummer: Yes, sir.
Mayor Ferre: Well, you know, tr►e industrial Howe for the Blind deals with
their nineteen or twenty blind people. Haw are you going to turn tnoue people
down? Six thousand dollars.
Mr. Plummer:
You want to include it?
Mayor Ferre:
Well, you know, I want to .include them all, but, the problem... I
look at these things and the hardship and what are you going to tell those
blind people?
That they no Unger can't be funded for six thousand dollars.
Mr. Plummer:
That leaves us with a balance of tnirty-nine.
Mayor Ferre:
Well, I have made my statement and I'm sticking to it.
1
Mr. Plummer:
Are you making that as an Amendment Mr. Mayor.
I
Mayor Ferre:
You do what you think is right as far as I'm concerned.
I
Mr. Plummer:
I will accept it as an amendment. The amendment then, to the
original proposal would be twenty thousand for Centro I -later, increasing Urra
forty-seven thousand more, Metro Senior Centers, increasing them twenty-five
more and the
Industrial Home for the Blind six thousand.
i
Mr. Dawkins:
Leaves what?
Mr. Plummer:
Leave a balance of thirty-nine.
Mr. Dawkins:
Give the James E. Scott Community Association the thirty-three.
I mean, I don't
want to participate in this, but 1 don't have no choice.
Mr. Carollo:
Allapattah Community Action.
{
a
Mr. Plummer:
We have already done that. We have increased them by forty-
seven.
r_
Mr. Carollo:
Would increase it forty-seven, but it's actually less than what
they requested here.
Mayor Ferre:
No, no, they got the full amount. Eighty-eight thousand
dollars.
F
�
Mr. Carollo:
No ei ht ei ht thousand seven hundred two Mr. Ra or.
, g Yor.- g Ray
Plummer:
That's brings them up to that, Joe.
gl
126 September 26, 1985
r... ,
Mr. Carollo: No, it don't, because forty-one and forty=seven is...
Ar. Plummer: Joe, an addi.t.ionai forty-seven.
Rr. Carollo: That brings it up to eighty-eight four four two about three
hundred short of the request. 6o, let's ju.3t, make it forty-seven five J. L.
Forty-seven five.
Mr. Plummer: Fine.
Mr. Dawkins: No.
Mayor Ferre: You know, i got to...
Mr. Dawkins:
Hold it, hold it. No, Mr. Mayor, no.
Hold
it. Hold it. I
have sat, here. 1 have been quite simply because nobody
h-us
been oth here. You
have juggled
figures, you have gone up and down and you
have:
aadea. Now, it's
not racial,
it's the truth. You haven't added a
damn
pe►ay to a Black
organization
and now I say give tne... I waited good until
you get to the last
amount and I
say give that thirty-three thousands to
James
E. Scott and you
guys say "no"
let's take three hundred off of tnat.
Now,
that's not fair.
That's unfair.
Mr. Carollo: No, I said five hundred before you mentioned tnat... no, three
hundred. Now, which of the Black organizations ttiat we have left?
Mr. Dawkins: That feeds, Joe. That's feeds.
Mr. Carollo: That feeds. Well, of course, you know that feeds.
Mr. Dawkins: James E. Scott.
Mr. Carollo:
JESCA is the only thing we have?
Mr. Dawkins:
And Haitian America, but they got seventy-five thousand
and
James E. Scott
only got thirty.
Mr. Carollo:
They got seventy-five thousand and James. E. Scott has
only
gotten what?
Thirty-five.
Mr. Dawkins:
Thirty-five thousand.
Mr. Carollo:
Then no way. James E. Scott does a heck of a lot more than,
you
know, any other Black organization that feeds. How can we give seventy-five
to the Haitian group and only thirty-five to them?
Mr. Dawkins:
Ask them over there. Ask the administration, Joe.
Mr. Carollo:
Now, I'm not trying to take anything from the group, but I
know
that James E.
Scott, you know, is a very well run organization.
Mayor Ferre:
Go ahead.
Ms. Rosa Castro Fineberg: Thank you for giving me an opportunity to speak to
the Commission. We are blessed with the number of social service agencies,
all of which are doing a commendable job according to what you have seen and
according to the staff reports. We are cursed and that there is not enough
money to go around. If the Commission chooses to cut deals, no sanity can
emerge. Give "X" to this group and "X" to that group when all of them are
worthy and all of them are deserving of your support. If we have a problem...
as some of you on the Commission said a moment ago, we have to share that
problem equally. All of us tighten our belts and all of us try to solve the
root cause of the problem, but we cannot deny to any of the various seenents
of the social service offers the opportunity to continue their work. Thank
YOU*
Mr. Pereira: We need your name for the record.
Ms. Rosa Castro Fineberg: Rosa Castro Fineberg.
gl
127 September 26, 1965
I'lay:Dr Terre: 1 want to rei+.erat,: wltiut i)r. Fineberg stated. i Fnow that not
meals are impor*.ant, bat *here is .i 7t more in ine programs of VIi.ami Other
tnati not meal programs and the only.:. I'm Only going to vote: for an equal
reduction so theft it's..c itle pain is distribated to every equally. 1 can'+,
vote any other way, I just got to say that there is :an awfal lot of programs
that we are about to ernasculate here tiow --And stop where peop,.a tnat are in
great need are going to be greatly hurt and next year we don't nave a... we
gave a valid excuse and is there is r,o more fed,rai funds, but tnis year we
don't have that excuse, because we got a million dollars in federal funds to
distribute and I don't think we can go about uoi.ng it in my opinion this way.
The only fair way to do tnis is to let everybody take tneir fair share of cuts
and t.nat's t.ue only fair way of doing it -,nd if later at, we nave to supplement
a program because it's going out of business because they can't nang in *.here,
Weil, we will have to deal with that issae one -it a time. But the only fair
way to do it is to say everybody vets an equal cut and trier we will take you
up on a hardsni.p basis one by one. And this is a well. triougt,t out program.
It includes a cross section. It has .Black. it nas north, souttc, east, west,
Hispanic, Puerto Ricatis, Haitians, Cubans. You know, poverty and suffering
don't have color skin or racial backgrounds.
&r.
Dawkins: The
only problem
I have is not enough money.
Ott.
flow, 1 agree
witn
the Mayor to
cut equally,
but
my problem with cutting
equal.Ly
is that I
have
a Manager who
has a bare
bone
budget, and 1 tni_nK if i
were
to sit, here
and
tell you that,
I'm going; to
cut
equally :across tree board
and
wtien you run
out
of money come
bacK, there
will
be no money to come back
to.
OK. So,...
i4r. Plummer: Tne cupboard is bear.
lqr. Dawkins: Say what J. L.?
Mr. Plummer: The cupboard is bear.
Mr. Dawkins: So, it's one of
tnese situations where if we
cut,
which it looks
like it's going to be equally, some of you wiil be out
of
business
in six
months, some of you are going
to be out of businesu in nine
months
and
some of
you will be out of business
in less than that, and those feed
people,
I don't
know where you are going to
turn or what you are going to
do,
but I'm pretty
sure that the will of this
Commission up here is going
to
act as
what it
thinks is best for the City
of Miami, and I don't know what
the hell
to do,
but... So, I'm finished.
Mr. Plummer: Let me reaffirm the motion that's on the floor. The eight
forty-four would be as proposed. The remaining balance would go to Centro
Meter for twenty thousand. Increasing Allapattah Community Center by forty-
seven five. increasing Metro Senior Center by twenty-five, the Blind by six
thousand and the remaining balance of thirty-eight, thousand three seventy-one
would increase James E. Scott.
Mr. Carollo: That's correct.
Mr.Andre Bonide: Mr. Mayor, Mr. Commissioners, 1 am... my name is Andre
Bonide, Overtown Day Care and Neighborhood Center, 1401 North Miami Avenue. I
am mostly distressed and very anxious about the trend that is being to be
adopted. At first we understand that the Commission as priority and even I
don't feel the necessity to convey or share my concern about the children. It
is earlier doing this session. It was mentioned that some measures would be
taken to prevent the children abuse in the street, but .if you neglect a child
day care center, it is not only you allow the abuse, but you punish, you
penalize innocent victims. At the day care center we feed the children three
times a day and particularly those children I am referring to, if they are not
attending the day care center they will spend days long without, any food. If
you... I did not hear anybody mention the Overtown Day Care Center and it
seems to be forgotten, but I want just... I knew the support we found with
many Commissioners and I want to thank everyone who support and who want and
who are very concerned about the well-being of the children. What I am
requesting is that you don't forget the children of Overtown Day Care Center,
not only we feed them, but we provide the all comprehensive services that they
needed for a .. in life for the parents. Thank you.
gl
128 September 26, 1985
U
sir. Carolio: All right, sir. Of.. How m:lny more speakers do we have? utis.
14r. Pitts: i just waist to once sgai.n. it's very di.t'fi_cult, ail of us who are
part of the social service community, if' you will, find it very difficult to
be here speaKing about what we should get ►a.7re or less -una against each other
and 1 think we are ali in a rather awkwarl position to feel very awkward
standing here to Milk about what we should be getting versus someone else.
Again, I hope I made myself clear, but I just once again wanted to say that I
think we have to share this reduction equitabiy. i mean at the same rate of
reduction. Many services that are being provided are not direct food and the
like and i none of us want to speak against food and medicine. Those are
apples kinds of issues, but there are a number of very vitae services that are
going and they are a necessary part of the overall tdpest,ry that helps n,�Iid
this community together. Belafont,e Tacolcy Center of wlii.ch 1 was formdlly
associated with has been an essential agency in this community and has
provided many service and also provide food and day care to youngster, because
they are not directly requesting funding nere, but also share some of their
expenses, and pro -rate expenses to t:iis FRS budget. They are not being
mentioned and I think +.here are a number of programs just liKe that that are
going to be adversely affected and are equally as critical to the survival and
the welfare of this community, and 1 wish we woula consider .a more equitable
way which allows more people to participate and benefit from these funds
rather than to be restricted in a mrA user that excludes a lot of the, vital
services that are being provided. That's all I want to add. Thank you very
much.
Mr. Carollo: Ok. Now, we have a motion and we have a second, is there any
further discussion fr)m the Commission? Hearing none can you call the roll
Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. b5-1012
A RESOLUTION ALLOCATING 6925,515 OF FY 1985-86 FEDERAL
REVENUE SHAKING FUNDS APPROPRIATED BY ORDINANCE AO. 100j9,
ADOPTED SEPTE}V1BER 17, 1985, AND 50,000 OF TENTH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROPRIATED BY
ORDINANCE NO. 98A , ADOPTED MAY 10, 1964, TO SOCIAL
SERVICE AGENCIES LISTED HEREIN FOR THE PERIOD FROM OCTOBER
1, 1985 THROUGH SEPTEMBM �O, 1986; FURTHER AUTHORIZING
THE CITY MANAGER TO ENTER INTO AGREEKENT WITH THE
AFOREMENTIONED AGENCIES 1N A FORM ACCEPTANCE TO THE CITY
ATTORNEY.
a
kHere follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
1 Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
NOES: Mayor Maurice A. Ferre
ABSENT: None.
Mr. Dawkins: Mr. Manager, I have been with you because of your budget and you
and I have made some very very tough decisions and I want you to understand
sir, that if at any time I find, if at any time I find that you have gone back
and rescinded or if y.iou have found money any where to do anything with, I'm
going to demand that you find money to go back and fund all of these programs,
because I'm going on the strength of this and your telling me, sir, that there
is no money and I'm going to believe you, but if any of as come up here with a
gI 129 September 26, 1985
t
f
s
pet project and you find money, then I'm going to pull this same sheet back
out and demand that money be found for everyone of these agencies.
Mayor Ferre: Well, i would tell you that... Yes, sir, go ahead.
Mr. Perez: Yes, 1�ir. Manager, as you know ail of us are very concerned about
what are the issues. We have approved what we tnink tnat are the main needs
about foods, about medicine. 0K. Hat my question is how much do you tni.nk
that wili be the maximum amount that we can obtain from the contingency fund
in order to try to alleviate the other group and to try to make a future
decision about another allocation. How much will be the maximum? Do you
think that it would be possible to obtain a three hundred *housund?
Ar. Dawkins: �lr. Mayor. Ok.
Mayor Ferre: Go ahead. Are you finished?
Mr. Pereira: I would, you know, 1 would have to look into that, but i can
tell you that, you know, that ready there is no money, you know, -available.
Now, you know, I will look into it, but you know, I think 1 can tell you that
there is no addition, you know, dollars to, you know, to address this Kind of
problem, but I will research it. Definitely.
Mr. Perez: Ok. Mr. Manager, just as one vote request, 1 don't Know if we are
going to adopt any other motion today, but as one vote request I would like to
have for the next Regular Commission Meeting on October 10th a possible
recommendation in order to allocate three hundred thousand dollars more for
the other social and community organizations.
Mr. Dawkins: Mr. Mayor, I just finished saying that if the Manager find any
money any where that we were going to fund these programs. So, now since the
Manager is going to attempt to find some money, I withdraw my vote ... Bull
shit, you should have said that the first don't wait... no, no, no, I can't
sit up here and play games.
Mayor Ferre: 1 voted "no" from the beginning.
Mr.
Dawkins: I know you did.
I'm talking to the Manager. See... I
mean, you
are
playing games up here
and
you are playing games with people out,
here for
votes. My name is going
to be mud because 1 cut out some favorite
programs
and
now we are going to
sit
up here and try to play God and play
Jesus or
somebody and tell the Manager
go find three hundred thousand dollars.
Hell,
if
can find three hundred
thousand
dollars we don't need to cut no
programs.
So,
either you can or you
can't.
So, now say that now.
Mr. Pereira: Well, my respond I think was very clear. 1 said I would look
into it, but I can tell you right now that there is no money there.
Mr. Dawkins: Well, then don't say you are going to look for it if you know
damn well it's not there. I mean... no, no...
Mr. Pereira: The money is not there. I mean...
Mr. Dawkins: All right, well say it. Well, explain it to this
Commissioner...
Mr. Perez: Ok. But...
Mr. Dawkins: Hold it Mr... wait one minute. Tell the Commissioner that so
that he too will know that it's not there and he will not have people coming
him saying "well, I thought that you were going to find three hundred thousand
dollars that he is trying, find that's not there.
Mr. Pereira: You know, the money is not there. If the money would have been
there, you know, originally, you know, we would have certainly addressed it on
our recommendation and you know, the reason we did not address it because, in
fact, the dollars are not there.
Mr. Perez: Ok. But Mr. Manager, how did we find the other day when we had
the opportunity to discuss the budget how did we find the proper allocation
gl
130 September 26, 1985
for Police when ti►is Commission requested an increase in t.ne Police budget.
We found the money.
Mr. Pereira: No, what we did was we joggled, you know, ttie existing funds and
we deferred the funding of some items in order to audress, you know, ttie
police issue. It was not newly found money. It was simply that we tool: from
Peter, and we took some money from forfeiture funds that are there for it
specifically to be utilized, you know, for iaw elif.orcement type of activities.
It was no+. new found money. it was money that we...
Mayor Ferre: Weil, what he is asking you is can you find Peter again?
iMr. Pereira: No, Paui.
Mr. Perez: Ok.
Kr. [Manager,
or Hr. t+layor, I would like
to make a formal
motion tonight in
order to instruct the City administration
to allocate t.tiree
hundred thousand
dollars more
and with a recommendation for
the next regular
Commission meeting
into comply
with the different requests
that we have here
with the recommendation of the
administration.
Mr. Dawkins: IMr. i+iayor, i wit.iidraw my vote...
Mayor Ferre: And you have a right to do that sir. Unless somebody... hold
on. Now, do it iegaily unless anybody on the Commission objects, Commissioner
Dawkins has the right to change his vote from "yes" to "no". That makes two
of us. Anybody else want to change their vote?
Mr. Dawkins: Wait a minute not. Wait now. What happened Mr. Commissioner
while you were gone Commissioner Perez instructed the Manager to go into the
budget and locate three hundred tnousand dollars with which to fund the
programs that are not dealing with food anu medicine. Ok.
Hr. Carollo: How much are we...
Mr. Dawkins: Wait let me finish, Joe, please. And I said tnat I withdraw my
motion and if no one objects being on the prevailing side, I'm going to make a
motion that the whole thing be deferred until they find the three hundred
thousand doiiars.
Mr. Carollo: Miller, you know, I think ;with all the good intention that
Commissioner Perez has we know that three hundred thousand dollars is not
i there. It is a waste of time for the Manager, and his staff to be given that
assignment, you know, there is no sense in even considering that. The money
isn't there. So, let's not waste anymore time. Let's not beat around the
bushes, you know, and leave it like .it is. Unless Commissioner Perez wants to
may be forfeit the grant for the municipalities for their funds. I'm sure,
you know, that can't be. That's a commitment we have already.
j Mr. Plummer: Let me say for one. I will pledge to you and to these people
j sitting here, if there is a dollar found by the Manager, I will vote to
rescind this motion.
Mayor Ferre: Well, that fact is that what has now happened is that we have
voted for nine hundred eleven thousand dollars of the...
Mr. Plummer: No, sir. Excuse me, you have voted nine hundred eighty-one
thousand five hundred fifty. Remember the remaining balance Commissioner
Dawkins said to give to James E. Scott.
Mayor Ferre: And in effect, we have defunded or not funded ASIPDA, Carey
Technical Institute, Belafonte Tacolcy, Culmer,...
Mr. Plummer: No, Culmer was not funded last year I don't think.
Mayor Farre: Youth Co-opt, and the others and I need to tell you that what
you cut. out Mr. Dawkins, and members of this Commission are all the Black
programs and the two Puerto Rican neighborhood programs. So, it's not based
on a racial...
�j
gl 1S1 September 26, 1985
Ar. Carollo•. Mr. Mayor, in all frankness, 1 think we have got to stop this
horse manure of labeling everytning based on ethnic:Ity or race or religion:
You know, we.., this is what's bringing tnis city to some of the problems that
we huve financially and others, 1 think once we can put that aside, you know,
we can get on and be more constructive and I think what we have done here
today is being constructive. Sure, not everyone has gotten what they wanted,
but you know, we know that's a part of life and particularly in hard times
like this. But if we are going to look a+ uverything based on if this is
green or white or blue or red, my God. I mean, let us get, the American
Indians and you 'Know, let's get the..:
Mayor Ferre: No, just fairness. it's not... 1 don't Know of any red, white
or blue people, i do know of poor Black people and that's what I'm talking
about.
141r. Carollo: Now, hr. Mayor, if you want, you know, we can go aheaa and cut
may be a hundred police officers, lay off firemen, lay off whoever we want,
you know, and let's start opening a store on each block and giving out food or
anyt.ning else...
Mayor Ferre: Nobody is recommending that.
Mr. Carollo: But you know, what bothers me is, you know, that every time we
get, into something particularly when darn election comes by, you know, we get
speeches like this and I wasn't trying to cut you down in anyway. I was
trying to give some constructive opinion, but you know, you want to, you know,
get on a soap box and starting telling me that the Blacks this and the Cubans
that. You know, this is what's hurting us.
Mayor Ferre: Commissioner, you have your opinion. I'm entitled to my
opinion. This is an opinion that I express every year. Election or none
election year and I want to tell you that I have stood for office for twelve
years, six times and 1 have been re-elected and I do not... believe it, or not,
I do not worry about re -elections.
Mr. Carollo: I have heard scores of times what you say in public and 1 have
heard even more what you total me in private. So, go ahead and let's finish
this.
Mayor Ferre: You know, I'm just telling you that my position is my position.
You...
Mr. Carollo: And what you say in public is not what you told me private.
Mayor Ferre: Well, you can say anything you want and you can rant and rave
and you can have your tantrums and you accuse and you can do anything you
want, the facts are the facts.
Mr. Plummer: Mr. Mayor, I will only make a concluding statement. Today was
damn difficult, but it isn't going to be half as bad as next year, when we
have got to tell the people that are depending on food that there is no money.
That is going to be the day.
Mr. Dawkins: Why is going to be necessary next year to tell them when you
have said at the beginning of this meeting that everyone should go on notice
now that there will be no money next year?
Mr. Plummer: Because I guess they live on hope and faith that maybe something
will change.
Mr. Dawkins: Well, I have one closing statement to say that it is unfortunate
that the agencies that deal with food and medicine were not more evenly
distributed to the community, but I have no problem with suggestions of
anybody in the City of Miami, be he Black, blue, green, or purple, that in the
event that you are hungry and you are a citizen of the City of Miami, you go
either one of these centers and eat. I don't care where it is located. You
find out that the City of Miami funded it, and you get right in line and eat.
ld 152
September 26, 1985
Nayor Ferret Well, anything else +.flat, needs to be said on this'? We +.flank you
for patience. 1 apologize for the diffic.uities that we nad, 1 am sorry for
those of you who didn't get funded. We will see what we can do in the future.
—.a+rr�.—�.3..�—.►r—��r'w i..—a.�s.r. --ter... ——..r+.——r—r--r �.----:.�.�-
69. AUTHOR1zx AND PERMIT BELLE MEADE HORNOWNERS ASSOCIATION* INC. TO RESTRICT
VEHICULAR ACCESS TO TH91R NEIGHBORHOOD (ON A SIX MONTH TRIAL BASIS) BY
CONSTRUCTING TE ORARY BARRICADES ACROSS CERTAIN SPSCIFIND POINTS.
Mayor Ferret We are now on item Number )'I, which is the b100 o'clock agenda,
+Ile Belle Meade homeowners Association, Itic, All rigs+., 1.1r. Grill, go ahead.
Mr. Robert Grill: Give us a minute to get the people in, please.
Mayor Ferret Yes, but very quic,cty, because we are ready running late now.
Hr. Grill: Good evening, members of the Commission and Ladies and Gentlemen.
My name is Robert Grill. 1 live i.n Belle Meade, 7u4 N. E. 'J) vd Street itl the
City of ,Miami. 1 am the President of Belle I+ieade Homeowners association in my
fifth year, and Belle Meade is a community of 400 single family homes, located
in the N. E. section of Miami. We brought several people here tonight, and 1
would like for them to briefly stand and be recognized from Belle !Meade.
Mayor Ferret Ali right, will the members of the Belle Meade Association tell
this Commission - is anybody opposed to what is being proposed here?
Unidentified Speaker: No.
Mayor Ferret Is everybody for it?
Unidentified Speaker: Yes.
Mayor Ferret All right now, Administration, do you have any objections to
what is being proposed here? Does anybody wish to speak in opposition to a
resolution authorizing and permitting Belle Meade Homeowners Association to
restrict vehicular access on a six-month trial basis to the Belle Meade
neighborhood by constructing temporary barricades across N. E. 2nd Terrace and
N. E. 73rd Street, N. E. 74th Street, N. E. 75th Street, and N. E. '/7th Street
at the easterly side of the intersection witri N. E. 6th Court, subject to the
execution of an amendment to be prepared by the City of Miami in conformance
to the requirements of the City of Miami Law Department and Public Works
Department. In other words, they have to be properly insured. They have to
be legal. It has to be ali those things. Okay'? Yes, sir?
Hr. Plummer: I am not speaking in opposition. I feel for the residents of
Belle Meade as I feel for all of the other neighborhoods of this community. I
want to remind you that in my particular neighborhood, when a petition of my
neighbors was taken up, that was their request, and it was turned down, okay?
Mayor Ferret That is a different day.
Mr. Plummer: I am just saying to you that once you do .it for Belle Meade, I
think every other neighborhood in this community has the same right ...
Mayor Ferret Absolutely!
Mr. Plummer: ... to come before this Commission and expect the same results
t : t
G
that they are being granted here today, so I am just putting it on the record
x
so when I go back home and my neighbors say to me, "How come those people in
north got it, but we didn't'?", I am going to tell them to refile their
petition and come back before this Commission to block off their streets, and
keep them totally residential as they should be, and I readily admit! Ali
right, but you know, 3,000 people a day are going through Tiger Tail when it
f
is designed for 400, and those people are there issuing about 100 tickets a
days for people that are cutting through that neighborhood, so all I am saying
is, I am putting it on the record, I am voting for the motion.
fir
�r
�
r
r
gl 133 September 26, 1985
iT
g r
Mayor Ferre; J. L., wait a minute!
case, circumstances are not quite +he
neighborhood too.
Mr. Plummer: Sure.
In the first place; in +.hat particular
same, even *,hough I am for it in this
Mayor Ferre: But, I've got to tell you why the circumstances are not the
same. These are dead end streets that go down to the bay, that is number one.
Number two, you are talking about a neighborhood that, has been beset, and i am
sorry, but there is no secret about the prostitution and the crime along
Biscayne Boulevard, and that doesn't ...
Mr. Plummer: The hookers are not going to stop at tiie barricades.
Mayor Ferre: Well, but I think it will ... it just, you know, it is a help,
and this is a neighborhood that is totally united in this. There is no
through street. You can't go through this neighborhood on your way to Miami
Beach. I mean, this isn't one of these +.rings where ...
Mr. Plummer: Mr. Mayor, I don't disagree witri anything that you are saying.
Ail right, it is making this neighborhood exclusive.
Mayor Ferre: No!
Xr. Plummer: I've got no problem with that.
kayor Ferre: You've got an entrance too. You get into that.
Mr. Plummer: I've got no problem with that!
Mayor Ferre: As long as you can get in and out of that, neighborhood, 1 thinK
Mr. Carollo: You know what bothers me? The same thing that they are
requesting now was what was requested about a year and one-half, two years ago
Mr. Grill: Three years.
s
Mr. Carollo: Three years! How time flies when you are having fun, huh?
Mr. Grill: Then you gave us five and....
Mr. Carollo: And this is the difference of what happens now, when City
i
Administration wants to be the servant, not the master of the people, and when
i
the City Administration wants to be positive and cooperate with neighbors and
,r
not be against them and oppose them, so I am glad that after all of this time,
we finally come around and are going to approve something that I have made a
motion back then in trying to approve it until a past member of this
Administration intimidated our department heads into recommending against it
yy
r i
and if there is no further discussion, I would like to make a ►notion to ...
Mr. Dawkins: Further discussion. When this was brought up before, like you
e
,.
said, a lot of things were said that were not true and I said then, and I say
W
it now, we have a group who wants to retain a neighborhood, who wants to
!
remain in the neighborhood, who desire safety, and regardless of whether you
believe it or not, who are trying to come home in the afternoon and find their
j
belongings in their homes, okay? And it is no secret that crime is high in
Miami and it is no secret, that if we, as citizens, don't attempt to protect
our neighborhood, they will be taken from us. Now, like you say, three years
ago, the same group came before us. They are willing to put their money where
their mouth is. They are saying "We don't want this to cost you a penny. We
want it. And I agree. The only problem I have with it is, I don't think
(and this is just my personal opinion) that this should be six months, because
{
if the .. will not accept it in three months (90 days), they are not going to
accept it in six months, so I would like to see a change in the resolution,
from a six months to a 90 day trial basis and if they don't have complete
1,•
support of the majority of the neighbors in 90 days, then it is killed,
because if you are not going to get it in 90 days, you are not going to get it
six months.
t S k
•:2 F
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Jrv
F� �#4lh
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ld 134 September 26, 1985
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sa
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Mr. Grill: 90 days is good.
presentation.
vie have no problem. We have a short
Mayor Ferre: Okay. Iill tell you, I know you have worked hard on your
presentation, but you have got five votes here, I think, so why don't you just
.. .
Mr. Dawkins: Yes, quit while you are ahead.
Mr. Carollo: Mr. Wayor, 1 will make a motion of approval.
Mr. Dawkins: Second.
Mayor Ferre: All right, the matter has been moved on a y0 day basis. All
right, Commissioner ...
Mr. Plummer: I would liece to amend the motion that if he makes the
presentation, we withdraw the original! SLAUGHTER!)
Mayor Ferre: All right, it has been seconded by Commissioner Dawkins. is
there further discussion? All right, call the roll oil the motion as
presented.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-1015
A RESOLUTION AUTHOiiiZING AND PERAiTTiNG BELLE MEADE
HOMEOWNERS' ASSOCIATION INC. TO RESTRICT VEHICULAR
ACCESS ON A 90-DAY TRIAL BASIS TO THE BELLE MEADS
NEIGHBORHOOD BY CONSTRUCTING TEMPORARY BARRICADES
ACROSS N.E. '12 TERRACE, N.E. 75 STREET, N.E. 74
STREET, N.E. 75 STREET AND N.E. '77 STREET AT THE
EASTERLY SIDE OF THEIR iNTERSECTIUN WITH N.E. 6 COURT,
SUBJECT TO THE EXECUTION OF AN AGREEMENT TO BE
PREPARED BY THE CITY OF MIAMI IN CONFORMANCE WITH THE
REQUIREMENTS OF THE CITY OF RIAI4I LAW DEPARTMENT AND
PUBLIC WORKS DEPARTMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Cierk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: I want to say for the record because Walter Pierce is here and
other members of the Administration, that I think what made a big difference
was our visit to Seattle, okay? And I think that a group of us, and I was one
of them, went to Seattle last year, which is the City where this has all
started, and it works, and it has protected neighborhoods a little bit, not
totally, but better than before, and so I think that now that we have seen
physically, some of us have seen how it works, we have hope that this will
help this important neighborhood, and anyway, if I had voted no for this,
Marie Petit would never talk to me again, so ... all right, thank you very
much, and good night.
ld
135
September 26, 1985
i
t
70. GRANT REQUEST BY COCONUT GROVE 14ARKSTLNG FUR USE OF PEACOCK PARK, CLOSURE
OF CERTAIN STREETS AND PERMIT FOR THE SALE OF BEER iN CONNECTiN WITH "'THE
GREAT COCONUT GROVE WAITERS RACE" SUBJECT TO iSSUANCI; OF NEUESSARY
PERA11TS,
Mayor Ferre: We are now on item jy. Marshaii Steingold - :Marshall? Yes,
sir.
Mr. Marshall Steingold: rlr. Nayor and members of the Commission, my name is
Marshall Steingold, Director of Coconut. Greve Narketi-ng, representing a number
of the businesses, restaurants, hotels, in Coconut Grove. What I am here for
today, Item j9, is request, some suhpovt services for the Coconut Grove Waiters
Race.
Mayor Ferre: What do you want?
Mr. Steingold: Three things, a permit to be able to sell beer in Peacock Park
on the day of the event ...
Mayor Ferre: Plummer moves that.. It is seconded by Perez to sell beer.
Further discussion on +he selling of beer in Peacock Park on the event day.
Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1014
A MOTION GRANTING REQUEST RECEIVED FROM MARSHALL
STEINGOLD, OF COCONUT GROVE MARKETING, FOR USE OF PEACOCK
PARK, FURTHER GRANTING PER141iSSION FOR THE SALT; OF BEER AT
THE PARK AND FOR CLOSURE OF BAYSHORE DRIVE FROM PEACOCK
PARK TO 27TH AVENUE, 1N CONNECTION WITH "THE GREAT COCONUT
GROVE WAITERS RACE." SAID STREET CLOSURE SUBJECT TO
ISSUANCE OF NECESSARY PERMITS BY THE DEPARTMENT OF POLICE
AND THE DEPARTMENT OF FIRE, RESCUE, AND INSPECTION
SERVICES, AND SUBJECT TO ASSURANCES THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY; FURTHER REFERRING
TO THE CITY MANAGER THE BALANCE OF THEIR REQUESTS
INVOLVING COSTS TO THE CITY.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Caroilo
ON ROLL CALL:
Mr. Plummer: Fully understanding they have to get a permit from the State, I
vote "yes".
Mayor Ferre: What is the second thing?
Mr. Steingold: The second thing is to be able to close South Bayshore Drive
from Peacock Park to 27th Avenue.
Mayor Ferre: Moved and seconded. Further discussion? Call the roil.
NOTE FOR THE RECORD:
shown hereinabove.
Id
Street closure was incorporated in MOTION No. 85-1014
136
September 26, 1985
Mayors Ferre: And the third thing?
Nits Steingold: And the third is to request a p6rt!61i bf ifs -kind servides: fbr
P61ide and Fire during the day of the event, and dleanups
Mr. Plummer: Refer it to the Manager.
Mayor Ferre: Motion to refer to the Manager. What are you shaking .YmAr head
about? Oh, you don't like the food?
Mr. Pereira: The food is all right.
Mayor Ferre: There is a motion that it be referred to you. You don't Vbte on
this Commissions so what are you shaking your head for?
Mr. Pereira: i know 1 don't vote.
Mayor Ferre: Listen, that was Howard Gary's mistake.
Mr. Pereira; No, I was just going like that because I was eating.
Mayor Ferre: Oh, I am sorry, i apologize.
Mr. Pereira: Put it on the record. it has absolutely nothing to do With the
vote.
I4ayor Ferre: It has been moved and seconded. Call the roll.
MOTION to refer to City Manager in -kind services was
approved by following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre.
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carolio
------------------------------------------------------------------------
71- CONTINUE TO OCT. 10, 1985 PUBLIC HEARING ADVERTISED FOR TODAY, BUT NOT
SCHEDULED ON TODAY'S AGENDA CONCERNING PURCHASE OF A PORTION OF PROPERTY
BELONGING TO ROSEK&RY YiCKENHEISER.
------------------------------------------------------------------------------
Mrs. Dougherty: Mr. I4ayor, in 1983 , you asKed us to acquire some property.
We were supposed to have a public hearing on it again today. We advertised
for it. It was not on the agenda, so we ask that you defer your public
hearing on the acquisition of 25 S. E. 6th Street until the October 10th.
Mr. Plummer: So moved.
Mr. Pereira: it is part of the Sister City Program.
Mayor Ferre: Is there a second? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption;
MOTION NO. 85-1015
A MOTION TO CONTINUE TO OCTOBER 10, 1985, PUBLIC HEARING
WHICH HAD BEEN ADVERTISED FOR TODAY BUT NOT SCHEDULED ON
THE AGENDA, CONCERNING THE PURCHASE OF A PORTION OF
PROPERTY LOCATED AT 25 S.E. 6TH STREET, BELONGING TO
ROSEMARY WICKENHEISER.
F
Id 1 7 50ptelabQr 26, 1985
Upon being seconded by Commissioner Perez, the mo+ion was passed and
adopted by the following vote -
AYES*. Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice=Mayor Joe Carollo
72. EXECUTE SUBLEASE AGREEMENT 41TH TAE LAW FiRi+I OF DANIELS AND HICKS FOR
SPACE AT 169 E. FLAGLER STREET; FURTHER AU'THORILING AMENDMENT OF EXISTING
LEASE WITH DUPONT BUILDING ASSOC., LTD. FOR ELASE OF ADDITIONAL SPACE FUR
USE BY THE LAW DEPARTMENT.
Mr. Plummer: Mr. Mayor, 1 offer a motion at tciis time, "a resolution
authorizing the City manager to execute a sub -lease agreement with the law
firm of Daniels and Hicks for the lease of approximately 785 square feet at..
169 E. Flagler Street, further authorizing the City Manager to execute an
amendment to an existing lease agreement with Dupont Building Associates
Limited for the lease of the additional office space for the use by the Law
Department commencing by the end of the above referenced sub -lease with the
funds therefore allocated from budgeted Law Department funds." This is w.itthin
her budget, Mr. Mayor, and I move it.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
i
l
Mayor Ferre: Further discussion? Call the roll.
_
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
s
RESOLUTION NO. 85-1016
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBLEASE AGREEMENT WITH THE LAW FIRM OF DANIELS �ND HICKS
FOR THE LEASE OF APPROXIAATELY 785 SQUARE FEET, AT 169
!
EAST FLAGLER STREET, FURTHER AUTHORIZING THE CITY 14ANAGER
TO EXECUTE AN AMENDMENT TO AN EXISTING LEASE AGREEMENT
WITH DUPONT BUILDING ASSOCIATES LTD, FOR THE LEASE OF THE
'
ADDITIONAL OFFICE SPACEI FOR USE BY THE LAW DEPARTMENT
COMMENCING AT THE END OF THE ABOVE REFERENCED SUBLEASE
AGREEMENT WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED LAW
1
DEPARTMENT FUNDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.'
1The
actual number of square feet shall be established
by the City Attorney and the figure of "approximately
�.
785 square feet" is not determinative of the ultimate
P
requirement for additional office space.
{
Upon being seconded by Commissioner Perez, the resolution was passed and
�,•
adopted by the following vote-
iF
fiSc
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� , ;:
ld 138 September 26, 1985
AYES: Commissioner Miller J. Dawlti.ns
Commissioner J. L. P.iammer, Jr.
Commissioner Demetr.io J. Perez, Jr.
Mayor Maurice A. Fevre
NUEa: Done.
Ai3SEN'i': Vice -Mayor Joe Carollo
73. FURTHER C0114ENTS 1N CONiJECTlON Wi'U DEFEHHRAL OF AG',Wi)A iTE14 )2 AND >5
�APPOiNTSIYIENT'i TO THE BOAHD6 OF TitUSTEES OF THE CITY*6 tih,TiHEiIENT
TRUST6j.
Mr. Plummer: What do we have left besides Pan American?
Mr. Rosencrantz: Item 52 and 'D.
Mr. Piurnmer: Item 53, is that the Pension Board? is that it? is that all we
have left?
Mr. Pereira: Yes, that is all you have.
Mr. Plummer: 1 understand j3 - someone said to me that that "as to be redone
because there are employees involved? is that true?
Mr. Rosencrantz: Yes.
Mr. Plummer: Is that j3?
Mr. Rosencrantz: That is item jj, yes.
Mr. Plummer: You don't need four/'fifties just to throw it out and start over
again, do you?
i
Mr. Rosencrantz: No, what we have, there are two unions that are supposed to
make recommendations to the City Commission. Each union is responsible to
nominate six people, of which you will pick two. One of the unions nominated
six people, but three of the people they nominated were City employees. The
City employees cannot be on that particular list.
Mr. Plummer: So are you are saying Item j3 has to be readvertised, or
r
reworked? Are you withdrawing j3?
Mr. Rosencrantz: No. On Item 33, you can pick the candidates that were
recommended by the American Federation of State and County Employees. You can
pick two people from that list. The Sanitation Workers list only really
contains three eligible names.
�,
Mr. Plummer: What do you want to do, Mr. Mayor?
Mayor Fevre: I think you have got pick 33, and then you have got to ...
4
Mr. Plummer: Well, I think 32 first, right?
p
PM
Mayor Ferre: I had 32 a moment ago.
y
Mr. Plummer; I had it.
Mayor Ferre: I think one is Don Hickman and Charlie Hall. The other one is
Eli
Clyde Pettiway.
04
Mr. Plummer; Mr. Mayor, I am going to nominate Rose Gordon.
Mayor Ferre: Rose Gordon and Clyde Pettiway. Wait a minute. We have to
select one from each list, right?
Id 139 September 26, 1985
r
ivir. Rosenerantz: No, you select two from each list. One of the people that
you select will serve for a one-year term, and the second person wiii serve
for a two -=year term.
Mayor Ferre: I've got you. All right, Don Hickman gets a two=year term, and
1 would select Charlie Hall. Rose: Goruon is not on that list, is sne?
International Association of Fire Fighters,
Mr. Rosencrant.z: That, is item j2.
Mr. Plummer: But this is Police, this is Fire Fignters. 1 had a different
list.
Mr. Rosenerantz: I think you were looking at item )5, Xr. Plummer, and this
is Item j2.
Mr. Plummer:
Okay, Rose:
would
be on 55.
kayor Ferre:
Ail right,
for
the Fire Fignters, we want Don iiirkman for the
two-year and
Charlie Hall
for
one-year, right?
Nr. Plummer: Okay.
Mayor Ferre: And for the cops, we want. Clyde Pett.iway and Jesse 'Liner.
Mr. Plummer: Which is which?
Hr. Dawkins: No, hold up and defer it. Continue it.
Mr. Carollo:
I agree. Defer it.
Mayor Ferre:
Do you want to defer on both of them, or one of them?
Mr. Dawkins:
Ail of them.
Mayor Ferre:
Well, is that causing any problems?
Mr. Rosencrantz: My concern, Mr. Mayor, is in the Gates Case settlement iu
June, we were
committed to reform these boards. The new boards have to be in
place to start
to transact business with the two new pension sy;3tems, so I
think it is rather important that if possible to make the appointments to the
-
board so they
can begin functioning.
j
Mr. Carollo:
We could do it by the next meeting. That wouldn't hold up
1
anything.
1
=1
Mr. Dawkins:
I pick Miriam Alonso and Milton Hall.
Mayor Ferre:
Go ahead, what now?
_
Mr. Carollo:
We are going to pick two of each one, right.'?
�x y it
.�
Mr. Pereira:
No.
j
Mr. Plummer:
I would suggest we defer this until October 10th.
Mr. Carollo:
I will go along with Miriam Alonso.
(INAUDIBLE COMMENT'
l4ayor Ferre:
Okay, I will go along with the deferral.
{
Mr. Plummer:
I move ltem J2 and )3 be deferred until October 10th. All
right, there is
a motion and a second for deferral,
r j
Mayor Ferre:
All right, there is a motion and a second for deferral.
Mr. Plummer:
Continued for further information.
e
W.
'� ro
,,-
Id
140 September 26, 1985
:G r
Fi Sr
x
.. .
KID -I
Mayor Ferra: Continued, along with ...
THEREUPON, ON NOTION DULY KADE by Commissioner
Plummer and seconded by Commissioner Dawkins,
the City Commission deferred consideration of
the above item by the following vote:
AYES: Commissioner Miller J. Dawki.tis
Commissioner J. L. Plummer
Vice-I4ayor Joe Carollo.
Mayor Maurice A. Ferre
NOES: NUNS
ABSENT: Commissioner Demetrio Perez, Jr.
kr. Plummer: That is ;�2 and j>.
74. FIRST READING ORDINANCE: GRANT REQUEST BY PAN kKERICAN HOSPITAL CORP.
FOR ATLAS CHANGE FROM RS-2/2 TO RG-3/5 AT APPROXIMATELY 5950-5990 N. Y. 7
STREET
------------------------------------------------------------------------------
Mayor Ferre: We are now on Item 11. Go ahead.
Mr. Joe McManus: The proposal before you on +,his Item is by the applicant,
Pan American Hospital, currently located on the north side of N. W. 7t1i
Street - the rezoning of property on the south side of N. W. 7th Street, from
RS-2/2, one family Detached Residential to RG-j/5, General Residential. That
change would be a change from single family, residential, to multi -family.
The Planning Department observes that the immediate area to the south, east
and west of the property under discussion is predominantly single family
residential. There is no need for additional multi -family use in the area,
therefore the granting of the petitioned change in zoning would be a precedent
for subsequent rezoning and this rezoning would be an undue encroachment into
the stable residential area. Thank you.
Mayor Ferre: All right, we will now hear from the proponents.
Mr. Al Cardenas: Thank you, Mr. Mayor and members of the Commission. I have
made it a point to make my presentation as short as possible. I know that we
have had my presentation made on at least previous occasions and you have
patiently heard to it, as well as to the comments from the neighbors, both for
and against this project. I have asked for the sake of time that those
neighbors who appeared before you last time on behalf of the project, that
they remain seated, and I will be the only spokesman in favor of that
proposal, and try to expedite that process as much as possible.
Mayor Ferre: Just so we get some of the emotional stuff out of the way - all
those that are in favor of this change, would you please stand up so that we
know that you are here. Those that are for this - okay, so we don't have
questions. Now, those of you that live in the neighborhood, that are for this
change, stand up. Okay, now you can sit down. Those of you that work for the
Pan American Hospital, or work for one of the doctors involved, please stand
up, so we can all identify each other. Okay, now you can sit down. Now, all
those who are opposed, stand up. If you are against it, stand up. Okay, now,
those of you who are opposed to it, who live in the neighborhood, stand up.
Anybody who is opposed to it who doesn't live in the neighborhood? Okay, now
we understand what the makeup is. Anybody else? Do we need any other
clarification? If not, sit down. All right, proceed.
Mr. Cardenas: Our clients, Pan American Hospital and Matthew Schoenberg, own
those four homes which comprise a. city block in length that face N. W. 7th
Street. They are 5950, 5960, 5980 and 5990 N. W. 7th Street. It is a full
city block immediately across the street from the Pan American Hospital. The
present zoning at that Location is RS-2. Proposed zoning is RG-3/5. This
Id 141
September 26, 1985
matter went before the Zoning Board prior to my representing tnese clients and
the matter lost. At that time, there was a proposal to rezone property
without any restrictions and limitations of any kind. The neighbors were
rightfuliy concerned as to what types of structures or use that Land could be
given. After that zoning hearing was over, and a couple of weeks later, i was
retained to represent the owners of +hi.s property. i had two meetings witn
the neighbors. I know you had a meeting there with them as well, based on
their concerns, which I heard. We prepared a declaration of restricted
covenant.,, which we proffered voluntarily to tiie City of Kiami .ynd to the
Commission. That declaration of restricted covenant, greatly and substantially
limited the use to which that property could be given. Not only did it
limited use to the property, it limited the height, it 1i_miteu +fie intensity
of development and it limited everything else. What ended up happening here,
is that instuad of having four si.ng.Le homes at taut part.ic:alar city biocx, you
aill be eliminating two single family homes, the two in tree corner. You will
retain +lie two homes in tiie middle. You will in fact) be reauci.ng the number
of gross square feet of construction in that particular block, and those two
homes will be improved upon, so that there will be a residential cnaracter
totally reserved, but there will be one difference, and twat is tnat there
will be a vast improvement in appearance, there will be a vast improvement, as
far as that concerned. As I said it earlier, there was a concern also by the
neighbors as to the hours of operation. There Was concern that there would be
unlimited usage of tnese facilities. A+, that, time i expressed to this
Commission that this particular intended use strictly was the administrative
offices of four doctors, or the principals of tnis hospital. Those
administrative offices are intended to be used during normdi worKi.ng hours and
in order to make sure that that is the case, we also proffered a restriction
to limit the number of hours in wnien that particular facility or office can
operate under. We limited the height to one story and we limited any further
development as to that full city block, so that in essence, what you see, is
what you get, and we are legally bound to that., effect. I want to, if 1 may,
read the provisions in the declaration of restrictions that you have before
you today. It says that there will be no building or structure tnat shall
exceed one story in height; that there will be a landscape buffer zone
established and maintained along the rear lots lines of the property. No one
shall use this property, or conduct any activity whatsoever between the hours
of 10:00 P.M. and 6:00 A.M. The architectural designs of any buildings or
structures shall be in conformity with the general character of the
neighborhood. None of the following uses, which are otherwise permitted in
the zoning classification which we are seeking from you are going to be
permitted and we eliminated it - hotels, tourist homes, guest domes,
convalescent homes, community based residential facilities, prior club
conversion of multiple dwellings, so that, there could be no apartment
buildings or occupancy of private pleasure craft. We eliminated everything,
only on what it is specifically we are intended to do. Now, let me recap
this, if I may, what the situation here is. We have a number of neighbors
here, who in good faith, and 1 respect each and every one of them for
exercising their right, have come to protect, what they felt from the outset
was an invasion of the use of that property. What 1 think I have not been
successful at, and I admit it to this Commission, is to communicate to these
neighbors the vast change which had occurred from the time that this
application was originally submitted, to where we stand here today. It is the
difference between night and day. I would hope that I was communicative and
4
persuasive. I admit that I have not been and I can assure you, to recap, that
this is the right thing to do. Let me leave on the records the reasons why,
and I am recapping and this is the conclusion of my presentation. One, there
will be less square footage than there currently is, of usable space. Two, we
will be retaining the residential integrity of the neighborhood, while
considerably improving the existing structures, which if you will see them
now, you know they are in a bad case of deterioration. We will thereby
improve the area's property values, because everyone will benefit as a result
of this expenditure. There is a declaration of restricted covenant, which has
'
been negotiated, which has been proffered to the City of Miami that will
assure height and density restrictions for the sake of the neighbors. It will
only be one story. Four homes are currently vacant. This could mean trouble.
This way it will be occupied and equipped with alarm systems for the safety of
.�
the premises and the safety of the neighborhood. The property taxes will
increase because of it - increase in the land use zonification and
classification and the increase in the value of the property as a result of
investiture in this improvement. The hour restrictions in the use of the
�w
x
Id 142 September 26 1985
property will insure peace and tranquillity, Tile beautiful landscaping will
provide adequate buffer zones to the properties to the rear. We
will be eliminating, as i read earlier, voluntarily, other uses permitted
under the zoning classification. Proper planning recommends that properties
facing each other have similar Land use classifications were facing the
hospital. These dre professional offices used exciusively by doctors in a
total non=hospital related area. Now, I want to add one more word of caution,
and that is, the benefit that ni.ndsight has provi.cied. ,Many of these
neighbors, and they are well organized, and I respect them for that., were here
before +.his very same Commission, at the +ime, if you will recall, that tile
Holiday inn and the Hilton projects were being proposed. At that time there
was a great deal of concern as to +he impact in +nis area ana what will occur
as a result of these things coming up. I think you will realize and the
neighbors will realize that what actually occurred was a positive impact. We
expanded considerably our tax base. We provide a necessary service to the
community and it is ali in keeping with the integrity and character of that
area* i think many of the neighbors who expressed concern and came to these
very Chambers are satisfied toddy witii the use of tndt, hotel area and are
satisfied with i.t. I assure you that the same will occur here once this
project would be completed. A substantial amount of change in this area nas
occurred in the past, few years, to the east of this property. This will stop
that type of commercial activity because it is not a commercial activity, it
is a professional office environment, totally different, and will assure that
there will be no commercial activity in this area. We are protecting the rate
of growth of commercial activity towards the west. We are providing an
excellent buffer growth on '7til Street, and it is the right type of atmosphere,
professional office building, with these type of limitations. Pan American
Hospital, lastly, has been a good neighbor. it has been there over 20 years.
It has kept its word. I assure you that these limited professional offices
will likewise keep their word, will likewise ao what I have told you this
evening will be done, and it will be an asset to the neighborhood. Thank you
very much.
Mayor Ferre: All right, we now will hear from the opponents. How many of the
opponents wish to be heard ton.ignt? Only those who wish to be heard, those
who will be the spokespeople for the neighborhood - eight, all right, why
don't you start. Three minutes, that ought to be about one-half hour.
Ms. Yolanda Liscano: has translated by Aurelio Perez-Lugones My name is
Yolanda Liscano. She lives at 5'71 N. W. 60th Avenue. I express my thanks to
all the Commissioners, to the Mayor, for listening to us again; to the City
Manager and the persons on the 'Zoning Board, and we are here now, about the
same. We have talked a lot and we have explained a lot about this issue. We
are not talking at this point about four houses and a proposed doctor's
office. We are talking now about refusing to have this rezoning. We don't
want this rezoning, because we know what is coming after the rezoning. It is
very easy to draw four medical offices and if these doctors want to be very
close to the hospital, and they like so much to ... if they like to just, cross
the street to the hospital, they should move into the four houses and leave
it. We think there happens to be a ... and this is a neighborhood of poor
people that have worked very hard, and we have poor people's houses, we want
for you to be very clear that we don't want any changes of zoning, neither
now, nor in ten years. We don't have anything against Pan American, or the
Hilton or the church, nothing at all. We are very grateful to all of them.
Pan American up to now has been there and has never done anything to us. Now
they want to change the zoning. We want to tell them very clearly, that we
don't want any change of zoning. We don't want, to them to insist in this
because we are live all of our lives in this tragedy. I have been to the
Police Station. I made this question - how much the criminality is going to
increase by changing the zoning; how much the rubbish would be increased on
everything that is behind there, and I was told that SOp. So, speaking for
myself, I bought my house with so much sacrifice. I have tried to save my
home, to raise my children, but now, because of four persons, they want to
sacrifice so many families who are against it. This is all. Thank you very
much for listening to me, and God willing, we wish this to be decided now.
God give you life and that you vote in favor of the one who has reason not of
the one who has the most. thank you very much for listening to me.
Mayor Ferre: All right, next speaker? Yes, sir.
Id
14)
September 26, 1985
Mr. Carlos Elia:
has translated by ►4r, Perez=Lugones His name is Carlos
Eiia,
he lives
at., 6;>O N. W. 60th Court...
Today i would like +o ask to
+lie
person
deciding
this, which is the Mayor,
if' somebody was supposed to
send
notices
for this
meeting because no one in
ti►e neighborhood has received
any
notice,
We are
under the impression that
this meeting was going to be a
secret,
because
nobody in the neighborhood
knew until the iast minute,
that
this was
going to be happening today, it seems
t,r►at Pan American has in
its
mind the politics
of Fidei Castro.
Mayor Ferree �Co►nments in Spanish)
Mr. Elia: kComments in Spanish) Translated by Cesar Odio) That is his
opinion because the hospital is bringing persor►s who are outside the
neighborhood to impress the Commissioners and 1 am absolately sure that, ti►ey
don't feel for the neighborhood like we feel, as we ao, as we live there avid
we have our houses tnere. And the hospital, in spite of all of this
verification regarding the construction, we cannot believe because they have
spent more tr►an $500,OOU on in piece of ground to build something worth
;$58,000. Nobody believes that. i do not believe the intentions of the
hospital. I don't know tiie motives, but they don't, present the phase - the
second phase of this. This is the fear we have, and we live in tile
neighborhood. k'; object to this construction that ti►e hospital is trying to
buiiu in our neighborhood. We, in our neighborhood, we have had several
meetings. We are completely opposed and we expect that the Commissioners, in
this opportunity, wii.i decide with respect to tnis question. Thank you very
much.
Mayor Ferre: Comments in Spanish)
Mr. Aurelio Perez-Lugonez: Comments in Spanish)
Mayor Ferre: Comments in Spanish) Do you want to put that in the record, in
English?
Mr. Perez-Lugonez: Comments in Spanish) The reason why the Department
didn't send notices to property owners, is that when the Commission continues
to a date certain, and tnat happened at tire last meeting, they continued the
meeting, that is the notice of the meeting, and everybody who was present was
so notified. This is by law. So far as the allegation that the meeting was
set to be the 26th, the City Code, the Commission meetings happens and the
second and the fourth Thursday of the month, and that is by law, and this is
the fourth Thursday of the month.
Mayor Ferre: All right, next speaker.
Ms. Minerva Trouche: To begin with, the first notice meeting I was never
notified and I am one ...
Mayor Ferre: We need your name and address.
Ms. Trouche: I am sorry. Ply name is [GIs. Minerva Trouche and I am one of the
neighbors in this affected. I was never notified in the first event. I don't
,� 5r
know why. I don't know how you notified everybody, but I wasn't one of them.
'
Mayor Ferre: You should have been notified.
Ms. Trouche: Yes, I should have been, exactly. Another thing. Most of the
people that are opposed to this is people that live around this neighborhood.
We are the ones that are affected, not the people that work for Pan American,
because they don't live in our area, so I don't see why they should have any
`
feelings towards this; us, we are the ones that Are affected. I just want to
tell the Commissioners and the Mayor to just note how many people came tonight
.
opposing it, and they are all neighbors that do live there. Thank you.
Mayor Ferre; All right, thank you, and we have noticed. Next speaker.
j
Mr. W. Romanovski; 600 N. W. 59th Court. Mr. Mayor and Commissioners, we
1
have been discussing ...I won't make this n long speech like the gentlemen who
represents the Pan American Hospital and he makes a very nice speech, but I tun
t
going to say the reality. nth Street N.W. is a very busy street. There is a
Id 144 September 26, 1985
lot. of traffic in +here, if there were to put a doctor's office like they
say, but we don't believe it, but, then let's say it, the traffic wiii be
hellish, and when we have to go out at noon, especially on 59th Court, it is a
very busy intersection. Like i said before, we like to keep our neighborhood
the way it is, nice and quiet, We don't want to be one of those noisy
neighborhoods that they have and all that. Now, sometning else i wouid iike to
ask. We have a agenda here, July 25th, and it says here "If this application
is not legislatively decided within 55 days, from July ?5th, this application
shall be deemed to have been denied". We had more trian 55 days already, since
we were here,
I1r. Perez-Lugotiez: Mr. Playor, may i answer tha+.
Mayor Ferre: Go ahead.
Mr. Perez-Lugotlez: There are two things. The month of August doesn't count
by law, because during the month of August the City Commission and the
different boards of the City of Miami do not meet. Besides that., within the
90 days that you see there, there is also what we catl a 60 day clock, wnieh
items that are continued with a date certain, can happen within those 60 days,
within 90 days - actually, the total time that an item can be by continuance,
and deferrals in front of this Commission is 150 days.
Mr. Kamonovski: Okay, i didn't know. but, anyway, I would like to ask the
Commissioners and Mr. Nayor, we had several meetings already to realize what
our petition is and 1 appreciate that. Thank you.
Mayor Ferre: Ali right, thank you. Next speaker'?
Mr. Jose Fernandez: My name is Jose Fernandez: i live at u20 N. W. 5yth
Court over 18 years. I'll try to done as quick as possible, not to consume
the 3 minutes, but in this matter, the change of zoning, we are not discussing
about the building that they want to do in there. We are discussing the
change of zonification because after this change takes effect, anybody can
build a bar, or a lounge or a nightclub in the next block, and that is going
to bring crime, assault, robbery, crimes, everything! We don't want that in
our neighborhood. We like to keep our neighborhood like it is in the
beginning, in 1969, when my house was built. Thanks very, very much for
hearing me.
Mr. Perez-Lugonez: Mr. Mayor, as matter of clarification, the rezoning that
they are seeking, does not allow commercial enterprises like bars or shopping
centers or anything like that. It allows hospitals and medical, professional
offices. That zonification does allow that, but we are not talking about any
commercial uses like you have mentioned. This is a matter of clarification.
(C014MENTS 1N SPANISH)
Ms. Grace Booth: Mayor Ferre, Commissioner, my name is Grace Booth. I live at
551 N. W. 60th Avenue. I had my home built out there 50 years ago and there
have been a lot of changes, but thank God they are for the good. Please,
don't change on us. We like it the way it is.
Mayor Ferre: All right, are there any other public speakers in the
neighborhood at this time? Do you want to speak? Please! Please feel free.
Anybody who wishes to speak. This is a public hearing.
Mr. Manuel Acosta -Medina: (As translated by Mr. Perez-Lugones I want to tell
the Mayor and the Commissioners that I am against these rezoaificatioon
applications. Thank you, very much.
Mr. McManus: Mr. Mayor and members of the Commission ...
Mr. Perez: Mr. Mayor, let me clarify something. When I was in the hall Mr.
Acosta asked me two questions that I think that I would like to clarify for
the record. One question, Rr. Acosta ...(CO1*1ENTS IN SPANISH) ...
Mr. Acosta -Medina; (COMMENTS iN SPANISH)
Mr. Perez: I think that it is important that we clarify the question that he
has, you know? ... because he says his property he will have to sell to the
Id
145
September 26, 1985
hospitsi if they change the zoning. He is asking me +fiat question acid 1 would
li.xe +o clarify for +lie record.
Mr, Acosta -Medina: �As +rdasia+ed by i',lr. Sergio Rodriguez) ... if' rie was
obliged +.o seLl nis property, if +here was a zoning change approved *►sere.
This was one of my clues+iorrs to +he Commissioner Deme+rio Perez.
I-ir. Perez: Couid we get the answer from the Ci.+y A++orney`:'
Mr. Sergio Rodriguez: �COV1MENTa IN SPANigH/ 1 said tnat ne was not obliged
to sell nis proper+y.
Mr. Cardenas: In cone.Lusion, i4r. iviay•,)r, if' obviously the decision is to be
made this evening on emotion, I am a Loser, because 1 sure didn't one half the
job that these foi cs did in communicating feeling on this issue, but 1 xnow
that is not how you vote. 1 think there is one issue that. I do have to
clarify, if 1 am going to have access to the process here, arid that is,
credibility, because us I was hearing the neighbor's concerns, what was
worrying me and hurting me the most was the issue credibility, because there
is no doubt in what i have neard here +his evening, that the major and
overwhelming concern of the residents is tnat they don't believe what we are
saying here this evening, and I don't know how else to explain it. I don' t
know how eise to communicate it.. i assure you that tail hospital is owned by
serious people, decent people. it has bQen in existence 2j years. it has
always kept, its word. it has got three acres on site to expand hospital
facilities if need be. What is intended to be done by these people cannot be
conducted within the parameters of the hospital, which is the only reason wrio
monies have to be sent in land acquisition across from it. I have set for+h
and 1 have presented to this Commission and to the City a declaration of
restrictive covenants, which is binding on my client. You crave heard no staff
that there can be no commercial activity whatsoever generated in this
property; that, the only thing this property can be used for is single family
residences, because we i,ave excluded multi -family use, or the offices of these
'
doctors that I have talked about. 1 have also shown you the declaration read
—`
from it that it is one story to be comprised of two homes. It is less square
footage than is there now, and the only thing that, will happen is that the
residential interior of the neighborhood will remain, but with one major
difference - a vast improvement in the aesthetics and looks of that facility.
Let me, if I may then, conclude that the real issue before you this evening,
is not one of credibility. i think we have proven that, and your staff has
assured you with the answers to these questions. The issue here this evening
whether we are going to positively or negatively affect this community and I
respectfully suggest to you that everything we have shown you indicates that
�b
it will be a positive improvement, that +.here is some serious concern and 1
�s
believe they are still the concerns of these neighbors, but it is not founded.
It is not founded because they just won't believe what 1 say, but you have
advisors who have told you what I have said is the truth. It is just a
technical tru+.h, and 1 cannot deviate from we are promising. We are not
tY
changing the residential character of the neighborhood. We are retaining and
improving it, and Ladies and Gentlemen, that is what we are here about this
'
evening. It is a move ahead. It is a positive move. It prevents the
x
commercialization of 7ttc Street. It doesn't encourage it, because it is
coming up with an improvement, and improvement which does not in any way take
s�
away from the residential integrity of the neighborhood. It compliments it.
f
It is one way to say that you are setting trend west, of 57tn Avenue and it is
not a commercial trend, it is the right trend and I respectfully request that
you approve this application.
x
Mayor Ferre: Counselor, I think in the interest of understanding here, since
you made your speech and a lot of people here just didn't follow it. I think,
s
if you will forgive me for suggesting it, I think you ought to repeat your
r� !
statement in Spanish.
Mr. Al Cardenas: (SPEAKS IN SPANISH).
9
Mayor Ferre: kIN SPANISHj.
Ms, Yolanda Liscano: (SPEAKS IN SPANISHj.
gl 146 September 26, 1985
{ Ivir. Perez-Lugones: tTransia+,ing for Ws. Li.scano) First of dii 1 went to say
that now can we believe that they are not going +o do some+ui.ng else when they
have present four house when tliey have bought eight houses. In the first
place they are saying a iie right there.
Mr. Carollo: Al, do you ;now about the Other houses +ha+ +ney bough+.?
Mr. Cardenas: i sure do.
bir. Carollo: Which are they in the map'?
I4r. Perez-Lugones: The blue property.
Mr. Cardenas: The blue property. The properties marked in blue, Vice -Mayor.
The other is owned by our ciien+s. Let me say this. Ply clients have been
accumulating tnese properties over a period of time. Tnere are a number of
uses for these properties. Some include, you know, as you hospital hours are
twenty-four hours a day. The majority of the uses of triese other houses have
nothing to do at al.i with what I'm here for this evening. Tney have
residential access to these homes, because that's a twenty-four nour a day
business for doctors, for employees. They rent them at favorabie terms to
employees of ttie hospital. Those homes are not in this application. They are
not intended to be in the application and the doctors have assured rue that
they are not a part of this process, nor are tney intended for any hospital
use whatsoever, other than the axillary uses which dre given to them at this
point and time.
Mr. Carollo: A11 right, let me ,ask this of you. The yeiiow in the map is
where you have the tour homes that you want to make the change in.
Mr. Cardenas: Yes.
Mr. Carollo:
Now, there are four lots there. Correct.?
¢
Mr. Cardenas:
That's correct.
Mr. Carollo:
What's the average size of each lot there, approximately? Are
•
they fifty foot lots?
NIr. Cardenas:
Yes, they are forty-five by a hundred. Something like that.
Mr. Carollo:
Forty-five by a hundred. Which of the two Douses out of the
four that you
are going to keepY The two in the middle?
a
Mr. Cardenas:
The two in the middle.
Mr. Carollo:
Ok. Are you planning on making any kind of Wall in the back as
a barrier?
Mr. Cardenas:
Yes, wall and landscaping, both.
r
Mr. Carollo:
Wall and landscaping. How high of a wall are you planning on
putting?
Mr. Cardenas:
It's a six foot wall.
Mr. Carollo:
A six foot wall. And what kind of land... how far back are you
going to space
the wall from the property of the neighbors adjacent to it?
7'
Mr. Cardenas;
Well, I , when 1 met ;with the neighbors adjacent to it, i told
them we would
do it either way, which they preferred. We would put the wall
in the boundary of a property or we could put the landscaping in the boundary
t
and the wall further
from it. Whichever way they prefer it is ok with us.
x
Mr. Carollo;
Ok. What's the total square footage of building that you going
-.
to have left
f`5
Mr. Cardenas:
About twenty-five hundred square feet.
ld 147 September 26, 1985
Mr, Caroiio: That's between both of the homes that are left?
Mr, Cardenas, That's correct,
Mr. Carollo: Twenty-five hundred between both of them'?
Air. Cardenas: Ttrat is correct.
hr. Carollo: So, in ot.ner words... Or.. Now, +nu uses for the douses across
the street., what use are 4-hey going nave, people +nal are going to sleep
t.nere, Al?
I4r. Cardenas: No, no one call be in +Dose homes between *ire tiours of 10 P.ui.
and U- A.M,
Mr. Carollo: I'm saying the other four iddi.t.ionai houses tnat you bougnt.
Mr. Cardenas: Oil. The other four houses, 1 unuerstand, are now leases to
employees of a hospital who pnysiQaiiy live there and there is one that
previously was beirig used for storage which is not appropriate, and the
clients were legaily auvised to it and they have since discontinued that
usage.
Mr. Carollo: Ok. Now, if 1 may ask, do you know what prices they paid for
those other four different homes?
Mr. Cardenas: They paid about and 1 said it in the newspaper, they probably
ended up paying ten or fifteen per cent more per home than these folxs wou.La
have paid.
Mr. Carollo: See, 1 guess their concern would be, you know, if a year from
now the four additional homes that they bougnt, your clients are going to come
before the Commission to ask the same request that trrey are asking for these
homes. That might not necessarily be bad, but what I'm saying is that if this
is the intention your client, then let's have it out in the open what their
intentions truly is.
Mr. Cardenas: I specifically asked the client and told him that, it would be a
much better effort if we could all take care of it at once. They assured me
-
and explained to me that they had no need for their personally offices at, that
location. There is nothing that I know of that I can proffer legally, because
if there is my clients would be willing to by the time of the second reading.
Mr. Carollo: Lucia, is there anything that they could proffer .regally that
those four other additional lots that they have... it's four lots right?
Mr. Cardenas: If there is we would be willing to proffer.
`
Mr. Carollo: That they can proffer that the use of those homes would stay the
same and that they would not change it to what they are asking for instance,
in the other four lots if they were to be granted today.
xz
I4s. Dougherty: Yes, sir. They can proffer a covenant which would include
that property as well.
Mr. Cardenas: I would suggest if Lucia is willing to accept such a proffer by
a
the time of second reading and you still Have one more time to go
`
Commissioner, i can assure you it will be in her hands and you can evaluate
your vote at that time based on our performance.
Mr. Carollo: Can you translate some of what we said.
Mr. Perez-Lugones: (iN SPANISH).
Mr. Carollo: (IN SPANiSH).
`'.
Ms. Liscano: SIN SPANISH).
,a
r
Mr. Carollo: SIN SPANISH).
gl 148 September 26, 1985
i-ir.
Perez=Lugozles: �TRAA6LAT&i FOR N6, Li6CAI O) 6 We want
to let you
know
that
we cannot +rus+. a person +ha+ has aiready violated +he
law, because
they
tzave
used that house. Because they have used two of +.hose
douses for a
time
of tell years and nobody in the neighborhood nod denounced
+hem. They
have
used
them as offices, as storage, i have lived *nere for seven years and
nave
seezz
that.
Mr. Carollo: 114 SPANiSH). i see a warehous(; or storage.
As. Liscano: k1li SPANISH).
Mr. Carollo: Weii, they have admitted tnat +ziey have used one of +.nose lloraes.
iris. Liscano: k N SPAN1SH).
hr. Perez-Lugones: �Translatt:s for ms. Liscano) We cannot trust in persons
that have violated the iaw in the firet p_Lace. The secozid p.Lace we are
talking about not wanting the rezoning. We want treat very cieur. We are not
talking about houses, doctors, or landscaping, because if we want we can do
that because we can afford to do landscaping, because we have worked ten zzours
a day in this Country, and i Know what is worKi.ng and i wanted to make a
garden in my house, 1 could. We don't want to change the scene of what we are
dealing with. We are dealing with a rezoning. We don't want a reasoning. We
want that, very clear. i have been taixing the last, few days with all the
persons that 1 believe are in tnis type of tizi.ng. I don't nave the advantage
of having studiea law, but cny rather arrivea here very old and ne coutau't
afford to send me to school, but if he could have done that, I would nave been
more than many other attorneys in town, because lair. Cardenas, and 1 nave
talked face to face, and I have told 'pica that he will never try to convince me
and that., he knows that 1 know that he has to do that because tilat's his job
and he gets paid for it, but it is my hove and nobody is going to pay me to
convince me. Nobody wiii be able to convince me. He can talk very
beautifully, and he can work very well, that is giving honor to who ne
service, but ice likes what, I have...
Mayor Ferre: SIN SPANISH).
Mr. Perez-Lugones: tTranstastes for I -Is. Liscano.) No, I have been here sixteen
years.
Rayor Ferre: k1N SPANISH).
Mr. Perez-Lugones: Nine years in this neighborhood. Sixteen in this Country.
Mayor Ferre: �iN SPANISH).
Mr. Carollo: SIN SPANISH).
Ms. Liscano: k1N SPANISH).
Mr. Perez-Lugones: kTranslates for Ms. Liscano.) I don't think I would be good
for that, because if 1 had to defend a guess like this I would have said look
for another lawyer. I'm not good for this.
Mayor Ferre: We have to continue now because we...
Mr. Cardenas: hayor, just for the record and to coneluae. I think that
everything that lady said is meritorious. There is one word for the record I
would like to add and that had to do with the credibility of Pan American.
You know, it's been a hospital that I think everyone in this community can be
proud of. It's been known for always being above a reproach. It's provided a
fine public service. it's a non-profit institution and I think it's a proud
table of people of minority origin who have done a wonderful thing and there
are a lot of wonderful people who work there professionally and as workers and
I would not like in anyway to diminish or taint their reputation and their
personality through this process. They have often times ill the past had
agreements with the City. Never once have they faultered There is just one
incident about the warehousing of situations in a home which unfortunately,
they were not aware of it and I assure you this type of thing will never occur
again, but I did want to go on the record.
gl
149 September 26, 1985
Pir. Dawkins: Can you t,ransiate for me please. Mr.
repeatedly that it's impossibie for you to get these
your client is telling the truth. As a Lawyer you
people. What is the reason that you cannot get thet
your client will do what lie says.
a
Cardenas, you have said
residents to believe that.
do this daily couvincing
to accept 'he fact that
Mr, Cardenas: I wish 1 knew. Beiieve me, if' i Knew 1 would try it, i would
walk backwards from here to their norne if I could. it's been a most
frustrating process, and I can't find fault or honesty, i honestly feel lixe
quite a number of tnem believe `hat and sirenuousLy ivgue it and 1 have failell
to lixe theta very very much because of tale integrity of their concerns. I
just for the life of we uon't know what ease i can uo to. let 'hem Know tnat
tile things w}ltcn i have promised them nave by law to be compiieu With.
Av. Dawkins: OK. The second 'hing, it's i.mpassi.bie for you to be as
emotional as tney are, because you don't live there. See, ao let's don't
worry about the emotionalism, because you and I cannot display that they are
displaying, but toy concern is what. are you going to do to ensure +his
Commission and these residents that in the event that this variance is granted
that, no other houses wili be anything else but, residents. If it's put up a
bond, I don't care... 1 mean, whatever is acceptable to theta. See, because
for some reason they do not believe us ana tney must have a reason and what it
is, I mean, we have got to cracx that barrier. if we don't. .;raQK the barrier,
then we aren't ,going to have any peace, 1 don't care what we do.
Ar. Cardenas: There is one thing which 1 can suggest.. 1 tniuk it's tree only
positive thing we can do ana that is that ate have to go oil to a second
reading. That I have thirty days ait.hin which to meet with the City Attorney
who is here representing the interest of the citizens of the City and tale City
administration and provide her with a document which is legally acceptable to
this City and to the residents that there will not be any development in that
property other than the single families which are there and recognizing that,
those homes can only be used for residential purposes and nothing else
whatsoever.
Mr. Dawkins: I have one more question and then I gill be finished. will
there be any patient traffic into those offices?
Mr. Cardenas: There will not..
Mr. Dawkins: Or will tile doctors see all of there patients at the hospital
and they will be the only individuals in those offices.
Mr. Cardenas: I must give you a very accurate answer. By law they cannot see
for their private these patients at the hospital. They will not see in their
offices anyone who should be hospitalized or should be receiving out patient
medical care or would not conduct any operations where they be... tnat require
out patient medical care facilities. They will be primarily doing two things.
One, and to a greater extent 1 believe, conducting the administration of their
business. Doctor's Hernandez and Mora are primarily administrators by this
time, but they do have private patients who they see and 1 believe that they
have informed me that they will continue to see those private patients.
However, let me assure you Commissioner of the impact of what...
Mr. Dawkins; Not me. No, no, assure them.
Mr. Cardenas: Yes, of the impact of what I'm talking about. There is a
maximum, a maximum capacity there for twenty automobiles. The staff and the
doctors will all occupy may ten or twelve. There will not be any degree of
traffic or I would say any degree of inflow. It's not in anyway what you and
1 know as a medical center, out patient medical office, and of course, not a
hospital. It's a very low key operation comprised of the administrative
duties and some patient care which does not... is not in anyway a serious type
of health care.
Mr. Dawkins; Ok. I did say one more questions,
This is the last question. Ok. You said that up
able to change their position towards this. Do you
get it changed by the second reading?
gl
150
but this is the last one.
to now you have not been
plan to pray or do what to
September 26, 1985
Av. Dawkins: OK. The second 'hing, it's i.mpassi.bie for you to be as
emotional as tney are, because you don't live there. See, ao let's don't
worry about the emotionalism, because you and I cannot display that they are
displaying, but toy concern is what. are you going to do to ensure +his
Commission and these residents that in the event that this variance is granted
that, no other houses wili be anything else but, residents. If it's put up a
bond, I don't care... 1 mean, whatever is acceptable to theta. See, because
for some reason they do not believe us ana tney must have a reason and what it
is, I mean, we have got to cracx that barrier. if we don't. .;raQK the barrier,
then we aren't ,going to have any peace, 1 don't care what we do.
Ar. Cardenas: There is one thing which 1 can suggest.. 1 tniuk it's tree only
positive thing we can do ana that is that ate have to go oil to a second
reading. That I have thirty days ait.hin which to meet with the City Attorney
who is here representing the interest of the citizens of the City and tale City
administration and provide her with a document which is legally acceptable to
this City and to the residents that there will not be any development in that
property other than the single families which are there and recognizing that,
those homes can only be used for residential purposes and nothing else
whatsoever.
Mr. Dawkins: I have one more question and then I gill be finished. will
there be any patient traffic into those offices?
Mr. Cardenas: There will not..
Mr. Dawkins: Or will tile doctors see all of there patients at the hospital
and they will be the only individuals in those offices.
Mr. Cardenas: I must give you a very accurate answer. By law they cannot see
for their private these patients at the hospital. They will not see in their
offices anyone who should be hospitalized or should be receiving out patient
medical care or would not conduct any operations where they be... tnat require
out patient medical care facilities. They will be primarily doing two things.
One, and to a greater extent 1 believe, conducting the administration of their
business. Doctor's Hernandez and Mora are primarily administrators by this
time, but they do have private patients who they see and 1 believe that they
have informed me that they will continue to see those private patients.
However, let me assure you Commissioner of the impact of what...
Mr. Dawkins; Not me. No, no, assure them.
Mr. Cardenas: Yes, of the impact of what I'm talking about. There is a
maximum, a maximum capacity there for twenty automobiles. The staff and the
doctors will all occupy may ten or twelve. There will not be any degree of
traffic or I would say any degree of inflow. It's not in anyway what you and
1 know as a medical center, out patient medical office, and of course, not a
hospital. It's a very low key operation comprised of the administrative
duties and some patient care which does not... is not in anyway a serious type
of health care.
Mr. Dawkins; Ok. I did say one more questions,
This is the last question. Ok. You said that up
able to change their position towards this. Do you
get it changed by the second reading?
gl
150
but this is the last one.
to now you have not been
plan to pray or do what to
September 26, 1985
Hr. Cardenas: I would probably rush here before "hey get there and go to
Saint Dominick and light the candies myself so '-hat they don't have access to
the candle process:
Mr. Albert B. hiller: Mr. Kayor, Commissioners, my name is Kiiier. Albert B.
Miller. 1 have lived in the area for tnir+y-two years. 1 nave come here to
support my neighbors. We want very simply to keep this a residential area.
One hundred per cent residentia.L. Ilow, we aot,'t deify the creaibiiity of the
Pan American Hospital. We have seen it built6 we probably even nelped to
work on +ha+. iiospi+al. We are good neighbors and we want them +o be good
neighbors. If 1 could offer a suggestion, ratifier tiiau come on this side of
'Ith .;+.reel and upset my feilow neighbors go the other way or go up a flight or
two. Go across the river there. Put: a bridge across and put up your ioctors
offices if you line. fir. Viayor, feilow Commissioners, I am respectfully
requesting that you deny the petition. Thank you.
Mayor Ferre: I tiiitik what's happening now is that we dre going to start
repeating over and over again. So, Mr. Fernandez, you have had your turn and
what's going to happen is, there is no*.tiing here that's going to be said that
hasn't been said before. ao, I respectfully request now that we move along
and we are at the question perioa from t.ne Commission and are there any
further questions from members of the Commission? Any otner questions from
members of the Commission?
Mr. Carollo: where does the commercial .and apartment zoning stops over at
57th Avenue. I'm saying on North of 'Ith ;;+.reef, where does that type of
zoning stops? Does it come across 57tli Avenue?
Rr. Whipple: I believe it's at 57+.h at Air Park Plaza.
Mr. Cardenas: Yes, there is a shopping center on the North sine of Northwest
corner of 57th if you will recall.
i4r. Carollo: Crossing 57th?
Mr. Cardenas: Airport Center I believe it's called. Yes, sir. Airport Parx.
So,... but as you know we are not seeking either commercial or multi -family.
Mr. Carollo: I realize that. The reason I'm asking that. .is that from 57th
Avenue all the way down to, I got 12th Avenue on Northwest 'Ith Street, it is
all either commercial or zoned for apartment buildings. I don't think there
is anymore residential any where between 57th Avenue Northwest to 12th Avenue
along Northwest 7th Street.
Mr. Cardenas: I think what you are seeing us ask for here this evening if 1
can visualize it, is very much the same thing Commissioner to even a lower
scale that you see along Coral Way which is residential on both sides. it
think you have seen a strip of previously owned single fami.Ly homes which has
been converted to a professional office and they have complimentea and blended
very nicely with that activity. That's exactly what...
I-Ir. Carollo: That's is true, but the point that I'm trying to make is that I
don't think there is any question whatsoever, whether it's this year, two
years from now or three years from now or five years from now or ten years
from now, that you are going to have a growth in that part of Northwest 7th
Street and those are realities of life. This City twenty years ago had a
population of maybe two hundred thousand, today it's got over four hundred
thousand people and you know, it's growing at brickell Avenue, you know, if
somebody would have told you ten years ago that 1ir.ickell Avenue would be today
what it is, may be none of us would have believed it. I mean, 1 could go on
and on. Now, Coral Way is another prime example. My God, when I first moved
to Miami with my parents, if my father would have known what Coral Way would
be today, he would have been firat one buying three or four homes there.
Everything has changed here. It's a fact of life and if from 12th Avenue on
"
Northwest 7th Street all the way to 57th Avenue, you have the type of zoning
"
that you have, you know, for a fact that it's a matter of time. Whether with
this Commission or a new Commission or one after that one, that part is going
to change. You know and you could be assured on that as you can be sure you
are sitting here tonight it's going to change. Well, you could fight this,
ti
x,
k
Yf�:
gl 151 September 26, 1985
+hey co uid fight it, you know, things could go to court, but the facts remain
that there is going to be changes whether it's rign+, now Or a iii tie inter all
Or a littie after that, there is going to be changes +.here. That the problem
is that what kind of change is going to came +here. That's what's important.
and 1 think that right now and in tyre +,hex+ few years you have a better hold in
deciding the Kind of changes t}rat you are going to have +iiere, instead of may
be a li+.tie further on, may be lose that cont.roi +tra+ you nave now and what
I'm trying +o +ell you is that I knew +ha+ what `ney are presenting here you
don't want. it's very cleari it's very clear that a-ii of you uon't want it.
It's also very clear that you don't believe what +trey are +eiii.rig you, you
.Know, and I t.irink you have, you Know smpie seasons why to feel +.slat way, but
at the same time if this doesn't pass today, sooner or is+er, and i would say
sooner, you are going to get some+.ping approved, whether... if not by this
Commission Or ario+tier, +.list is going to be much more dense, much mare bulkier
and much bigger than anything they are presenting now and you are going to
remember what I'm telling you know later on. Now, wao knows, you know, i
might no+, be around here, may be none of us will be around uere, but it's
going to happen...Wha+•... sirY 'Weil, trey, look, iet me teli you somettli_ng, i
make five thousand dollars here a year and any time anybody wants tO vote me
out of office, hey, vote me out Of office. 1 frank.Ly, (don't give darn myself
You know, you have tnat right. You go tilere right, now to the City Clerk, get
a petition and then you can start getticig signatures and dust try to recall
me. One thing that. I have is my worta, sir, and I didn't meet with anybody
from Pan American Hospital, even tnougn they were calling me two and three and
four times a day because 1 wanted to come here today and make up mind based up
the arguments 1 was hearing and when Mr. Cardenas, finally, came to my office
today and caught me there around 2:15, 1 told the gentleman that tie brought
from the hospital exactly what I toia you There now, that I'm, going to make up
my mind after hearing both sides. So, you know, if you feel that at any point
and time you want to get me out, of office, sir, you know that's fine. You
know, it's not going to do anything to ruin my standard of living or it's not
going to do anything to change my way of life. I will assure you, I call maKe
a living, whether in Miami or any where in the United States and I'm not going
to starve. I'm going to ail right. Now, the...
rlayor Ferre: Any other questions.
Mr. Carollo: Mr. Rayor, I'm not done. Thank you. Now, the point that I'm
trying to make across to you, is that it would seers to me that it would be in
your benefit to direct the best form of change for you now where you could
have it in your hands in the future. Believe in their word, I wouldn't
frankly. 1 wouldn't believe their word or nobody's word. Times have changed
so drastically that the Only thing frankly, that you should believe in is
something in black and white, that's written, signed, notarized and then put
in court where it is legally and that's the only thing that would make them or
somebody else that they might sell property in the future keep their word and
based on that is what you should make a decision in. If Mr. Cardenas comes
here with all the owners and they all swear up and down, that wouldn't be
enough. Now, if 1-1r. Cardenas, on behalf of the owners agrees in writing and
it's placed in the courts where they have to abide by that, whether today, ten
years from now or a hundred years from now, that's a different story. �iN
SPANISH).
Mayor Ferre: Ok. Any other questions from. members of the Commission. All
right, I hear no other questions. So, we are about to take a position one way
or the other. You want to say one last word Mr. Fernandez? 1 will let you
have the floor, but then after that we roust move along.
Mr. Jose Fernandez: Ok. Thanks Mayor, and Commissioners... all right. Mr.
Cardenas said that +hey would be using one house as a water house in that
area. I'm going to mention to you five addresses they have been using. 5980
and 5990, +,hat they bought +,!lose houses about eight or nine years ago as a
water houses. That's the one on the corner of o0th Avenue and 7th Street.
Then 5950 and 5960 they were using one of them as a water house and the other
one they were using taking blood out, of people in there. I saw myself. Now,
at 650 Northwest 59th Court, the house next to me, here is a picture 1 want to
submit to you that i took that day when Gomez Movers, La Viajera was moving
k�
the whole three loads with this big truck which you are going to see and you
-'
can see in nere about the time that...
br'
T
�q
=a
g1 152 September 26, 1985
14r. Caroilo: They admitted to that aiready, �iN SPANISH),
R r. Fernandez: fiat not one house. They were using five houses for years,
They were violating the law, the government. law. We can't believe it; because
in *..he beginning they said that they was going to build administration
buildings, then they change it, to four doctors offices, which is commercial
because doctors chd rges the customers. That's couuuercial.
Kayor Ferre: All right, Mr. Fernandez, +tunic you. A.Ll right, we have to...
Yo.iando, go right ahead, but this is it. We must close now.
Ks. Liscano: SIN SPANISH).
Mr. Pere z-Lugones: TRANSLATOR). for As. liscano) 1 be.Lieve tciat wuat you
say is the truth, but i believe that we are always going to be in opposing
sides, because I Know that for decent people in this country it is very
difficult and there is a lot, of fight to be able to preserve an area ciean the
way we want it., out we are always going to be fignting. if tci(,- vote exist, we
should do it house by house to see who is in agreement with, because I think
you will find only two or three who worx in the Pan American in the whole area
and I believe that when a mess gets together to brought forward something
which is going to be prejudicial, if the vote exist., then that should be done
to see the majority that exist who is in opposition. Tnis gentleman has
prepared a meeting to which I attended, he couldn't convince us. We know what
is coming behind ail of this...
Mayor Ferre: kIN SPAA16H).
[GIs. liscano: kiN SPANISH).
Mr. Cardenas: FIN SPANISH).
Mayor Ferre:
Ali right,
now, I think
we have concluded all... everybody has
and I'm very
happy that
the neighbors
nave expressed their opinion. 1 Know
the people are
worried,
but thank God
we live in a democracy. We live in a
democracy and
we function
that way. Now, are there any further questions or
statements by
members of
Commission at
this time?
Mr. Carollo:
Yes, l-Ir. kayor. I have got sixteen minutes before I have to go.
Mayor Ferre:
Sixteen minutes. 1 understand. Ail right, is there further...
Mr. Plummer:
Can I ask a question? I heard all these people applaud
something that,
Mr. Cardenas said. Did you withdraw.
Mayor Ferre:
Uh, he said...
Mr. Plummer:
Nobody translated for me.
Mr. Cardenas:
Oh, that's right. I just said that, J. L., that we were going
to forge together
and continue to be good neighbors in this process.
Mr. Plummer:
Thank God.
Mayor Ferre:
All right, if there are no further questions now. Is there a...
I4r. Carollo;
Plummer used to have in his business years ago, "Se hab.La
espanol. Now he's
got "Se habla a ingles".
Mayor Farre:
Are we ready to vote now. Is there a motion on the floor? is
there a motion
by a member of the Commission?
Mr. Perez: Mr. Cardenas, let me ask you something. How many times did you
try to meet with this group?
Mr, Cardenas; Twice.
Mr, Perez; What was..
gl 15S September 26, 1985
Mr, Cardenas: We had two meetings. Two meetings that... where everyone was
notified in writing of the meetings same addresses and names that were sent
notices of the meetings before the Commission and Z*oning Board. I think we
have truly, truly exhausted ail possibilities and alternatives. We have
discussed the issue as much as could possibly be aiscussed.
Ar. Perez: Do you explain your covenant very c.Lear to these neighbors?
i4r. Cardenas: 1 think there is probably a greater understanding as a result
of your inquiries this evening. I thi.nk we nave corisider:toiy gotten tnrre.
Kr, Perez: Perez-Lugones, how many property owners do we have in `ne close
radius?
Xr. Perez-Lugones: 1 would have to count the property owners list.. Now, the
average is about seventy/eignty that's an average, but that, applies to
anything. That applies to everything and it's not in particular tiiis
neighborhood -
Mr. Perez: Ok. i would like before... 1 don't know if someone want to make
any motion, but what 1 would like is that tnese people have clear information.
I think that we have a like of information in this case. I have received
several calls in my office. Everybody is asking something completely
different. In this case it's Mr. Acosta who have a questi.onea tnat 1 think
that aeserve the full explanation as this and as the first one of the first
person who spoke here tonight, who made an statement which was clarified by
the administration. i tnink that we have a lacK of information oil this issue.
Anyhow, we have the opportunity to come before this Commission for a seconu
reading for a final decision. After reading the covenant, I would like the
counsel clarify for me each one and I would like to clarify in Spanish what
are the part of the covenant:. Senor Cardenas, �i1V SPANISH).
Mr. Cardenas: %IN SPANISH).
Mr. Perez: 1 would like to make a motion after having the opportunity to
review all the details. I would like to grant this petition. I know that as
any decision take a risk, but 1 would like to grant the petition making by Pan
American Hospital in oruer to approve the petition that the change of the
ordinance 9500 from RS-2/2 to RG-j/5.
Mayor Ferre: There is a motion on the floor. Now, is there a second to the
motion?
Mr. Carollo: The motion for approval. Ok. I just said O.K. it's a motion for
approval.
Mayor Ferre: There is a motion for approval, is there a second? There is no
second for...
Mr. Dawkins: 1 second it. (COMMENTS INAUDIBLE).
Mayor Ferre: The motion has been moved and seconded on first reading. Let...
Mr. Carollo: Ok. There is a motion and there is a second, discussion.
Mayor Ferre: Under discussion. Go ahead.
Mr. Carollo: Mr. Cardenas, as far a the wall to separate the back of those
lots from the neighbors. You said six feet. if this is approved I would like
to see it eight feet so that the neighbors won't have to see anything
whatsoever. Is that acceptable to the maker and seconder of the motion?
14r. Dawkins: I accept.
Mr. Carollo: Secondly.
Mr. Cardenas: Just for tiie sake of the record, technically, also. I would
wish for you not to make it part of the motion, rather let me proffer it,
voluntarily. In other words, let me amend the declaration which I voluntarily
proffered and 1 will do so prior to the second reading.
gl 154 September 26, 1985
Y 9au�_�ur ?•_ :� s
I4r. Carollo: I understand that and +..vat's the appropriate way of doing it.
Secondly, how many feet are you going to be willing to leave between `lie fence
and the neighbors property.
Mr. Cardenas:
1 would have to consult with the
arci►itect, but there are at
leas+., 1 would
say whichever way the neighbor wants
it,, you Know, which 1
will
communicate with
*hem and then draft, +lie declaration accordingly. They
may
want the fence
on the boundary line or they may
want it two or three or
four
or five feet, away
from it,. 1 will...
Mr. Carollo:
i think you are going to have to
proffer something tnat
will
clarify it, now,
because later on what's going to
happen if it's approved
it's
not going to be
the way the neighbors wants it.
Mr. Cardenas: Wiiieliever the Commission feels...
lair. Caroilo: it's going to be the way tile...
Mr. Cardenas: Whichever the Commission feels is snore appropriate for the
adjacent land owner, I would be willing to say rive feet from the property
boundary line.
14r. Carollo: Five feet from the property line. How long of a lot is it?
Mr. Cardenas: Well, it's going to go from street to street, so it will be
Close to...
Mr. Carollo: Yes, from Northwest 7tn Street straight back, how long are the
lots? Hundred forty feet.
Mr. Cardenas: Hundred something?
Mr. Carollo: Just a hundred something.
Mr. Cardenas: Hundred thirteen, hundred twenty. Something like that.
Mr. Carollo: Ok. So, five feet is about all you could probably really afford
to leave there. Ok. And those five feet that you leave as a buffer zone,
will you be willing to landscape that fully to the pleasure of the neighbors.
Mr. Cardenas: I would be willing to do that. i mean, I would much rather
establish a budget. It's going to be difficult to consultant with them on the
specifics.
Mr. Carollo: Well, then why don't you establish a budget now that you would
be willing to volunteer.
Mr. Cardenas: I would say ten thousand dollars just for the landscaping, of
course, it's going to cost a lot more for the fence.
Mr. Carollo: Well, of course, for the fence, you better believe it.
Especialiy, if you are volunteering eight feet concrete, right?
Mr. Cardenas: That's correct. Masonry wall.
Mr. Carollo: Yes, what's the length of it? Two hundred feet.?
Mr. Cardenas: About two hundred feet. That's correct.
Mr. Carollo: Ok. And ten thousand dollars in landscaping and two hundred
feet time five, ten thousand for landscaping is fine. How many parking spaces
will you have there?
Mr. Cardenas: Twenty-seven.
14r. Carollo; Twenty-seven parking spaces inside.
14r. Cardenas; In total.
gl 155 September 26, 1985
Mr. Carollo: How many people will you have working there?
Mr. Cardenas: About twelve.
Mr, Carollo: About twelve people. How many of those will be doctors.
P1r. Cardenas: Three of four.
Mr. Carolio:ao, what it will be is just office space that will be used for
medical purpose.
Mr. Cardenas: That's right. And let, me also add that the doctors also have a
hospital day. So, they are at ~heir offices seeing patients may be three days
a week eacn.
Mr. Carollo: Yes, three days a week, but then the other three or four days
some other doctors probably comes.
Mr. Cardenas: That's right..
Mr. Carollo: bo, lets face it, it's going to be seven days a week or six days
a week rather.
Mayor Ferre: All right, further stipulations.
Mr. Cardenas: The stipulations is that 1 will proffer a restrictive covenant
by the time of the second reading.
Mayor Ferre: Well, you have already said that..
Mr. Cardenas: Right. 'which will include the eight feet, in height and the
landscaping at ten thousand dollars.
Mayor Ferre: 1 have just got one question Al. As I understand it, this is a
F.
proposal that is substantially differently than where it started.
Mr. Cardenas: I would say it's... that's an understatement.
Mayor Ferre: In other words, this thing started out as being a total
_
different... with all the restrictions and all the covenants and the walls and
the landscaping and the restrictive covenants that are going to be legally
binding, this is of a very substantial difference. Now, my question is to
you, Ms. Dougherty, does this with all these covenants that have been
proffered here. Does this set legal precedent for other properties in the
immediate vicinity?
Ms. Dougherty: Each property has to be determined on its own merits, but the
truth is it will set a precedent to the extent that you can't treat like
properties differently. So....
Mayor Ferre: No, that's not... but the question is does it means...
3
obviously, somebody can ask for the identical same thing and we couldn't treat
#,r
them differently, but could somebody who does not proffer all of these
covenants...
Ms. Dougherty: If the exact same situation... if the property was so similar,
then it would set a precedent. If it wasn't similar, then you would have to
have the same.
Mayor Ferre: Ok. That's my question. My question is, can somebody come in
right next door buy four lots and take us to court and win rezoning based on
what we have offered him, but without the restrictive covenants?
4 '.
h
Ms. Dougherty: Yes.
�y7
Mr. Cardenas: Let me, though, Mr. Mayor, add this technical caveat, which I
think will put your mind at ease. There are only two blocks which immediately
zr'
r,
face the hospital, which is in and of itself a major zoning reason.
k t i
Mayor Ferre: That's very important.
J
81 156 September 26, 1985
Mr. Uardenas:
proffer and
enforceabie,
resideiitials.
We own the homes in boti► lots. I have this evening agreed to
counse or as I already *old you, Ws acceptab.ie to her as
a restriction :limiting my use of tree four homes in the otiier lot
!Mayor Ferre: That's absolutely critical.
Mr. Cardenas: So, +hat *here wiii only be *wo blocks facing *tie uosp.ital,
both will be covered this evening. So, there is no chance of anotrier
situation as long as you clarify in your proceeai.ngs that you see *his land
use as being appropriate due to the fact that it's across from a hospital.
Mayor Ferre: That's absolutely oriticai. till rigri*, I nave no further
questions. Anybody else? Read tree ordinance. Ali right, caii the roil.
AA ORDINANCE ENTITLED -
All ORDINANCE AMENDING THE �;ONiNG ATLAS OF ORDINANCE
NO. y500, THE ZONING ORDiiiANGE OF THE CITY OF AlAvil,
FLORIDA, BY CHANGING THE ,ONiNG CLASSIFICATION uF
APPROhiKATELY 5y50-5990 NORTHwEaT 7TH STREET
14IAKI, FLORiDA F'RON RJ 212 ONE FA141LY DETACHED
RESIDENTIAL TO RG--)/5 GENERAL KE6tDENT1AL iMlNG
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. )1 OF SAID CONING ATLAS ilADE A PART OF
ORDINANCE NO. 95OU BY REFERENCE AND Db6CR1P`1'IUN iN
ARTICLE ^), SECTION 5UU, THERI;UF; CONTAINING A
REPREALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Perez ana suconded by Commissioner
Dawkins and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice-I4ayor Joe Caroilo
Kayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
ON ROLL CALL:
Mr. Dawkins: �COP94ENT INAUDIBLE AWAY FROM MICROPHONE).
hr. Carollo: Let me explain why I'm voting file way that I will on this
matter. From the outset of
wnen this started to what it is now that they are
getting there has been a tremendous compromise on their part. What they
started asking for in the
beginning to what is actually... what is being
presented now is a night and
day difference. The best protection that you are
going to get for this neighborhood, for the future of this neighborhood to
remain residential and residential
as much as it possibly can in the flavor
that it has is going to be
in getting the guarantee that they will give in
writing that will be placed
in court, because all tiiat you are going to have
left in here are two small
homes that are twenty-five hundred square feet.
That is nothing in size and
it's only going to be limited to that area with
those four lots, the other
four, they will not be able to do anything with,
but what they have there.
So, as far as I'm concerned, I have to vote my
conscience, 1 have to vote
what I think is reasonable and I think that that
is quite reasonable what it's
ended up to be from the beginning. Therefore, I
vote "yes",
Mayor Ferre; Obviously, this has passed. I could take the easy way out. The
easy way out is to vote "no". That's the easy way out and then I could go to
gl 157 September 26, 1985
Nkfi, l-". "i..`1i.,•e:,C_'.4 _ _-_.__._ ,._.._._
you and say I voted "no", but it didn't passe:, but 1 +mink it's important that
people take positions and +hey vote their conscience. You knows I don't wu0
you to tell me that I'm hiding behind something or that somebody can acouse rat!
of +axing tile easy way out. I +ni.nK widen i first rne+ with you when we nazi -ne
public hearing, the situation in my opinion was drastically different from
what is being proposed here tonigh+. Tnis and+ter nus obviously, passed, but i
do think that because of tree f3c+ that they owned ttre property in +he
vicinity, +tie four to+s makes it aruciai for +hose people in the neibhbortrood
to nave a guaran+ee +hat somebody else won'+ Dome in and breaK +ne
neighborhood zoning and 1 +hinx tnat something is roiug +o happen ih tnis
immediate area. It's bound to happen away and I tiiiak wtra+ is being proffered
here is certainly a much more reasonable approach `han what would nappen
otherwise, i_t's happened anyway. I could tape the easy way out ana vote
"not". If +here covenants are not properly satisfactory to me when 1 see them
in thirty days, I will vote "no", but I think in all honesty, i have got to
vote my conscience in this and say +fiat I think that., you have given sufficient
restrictive covenants to protect the neighborhood, and i think that thin is a
major major step forward. i vote with it.
75. DIRECT CITY KANAGER TO SCHEDULE FUR NEXT CW01155.iON MEETING, PRESENTATiUN
rsY RELIATiNE iNC. REGARDING 6TREET CLUCK TINE AND `1&IPERATURE DISPLAYS.
Mayor Ferre: J. L., last time around, you remember it. was 1U:jo, almost 11:00
and this Reli.atime... the people that want to put street clocks, you Know, ana
we just rammed it right down and didn't give the kid a chance to speak. He
wants to be heard on it and I... Not tonigrrt. He says, ha tninKs that we owe
it to him to at least let him speak, that we didn't le+, him do that. So, 1
don't have any objections. 1 would be happy to reschedule this natter for a
rehearing and I would so move that Relia+.ime be given the opportunity to speak
their peace, even though, i don't thin; it's going to change ray position, but
I think they are entitled to that. Will you call the roll J. L.? Or would
somebody second that?
Mr. Plummer: Call the roll.
The following motion was introduced by Commissioner Ferre, who
moved its adoption:
MOTION NO. 65-1017
A MOTION DIRECTING THE CITY MANGER TO SCHEDULE FOR THE
NEXT COM14ISSION MEETING, A PERSONAL APPEARANCE BY
REPRESENTATIVES OF RELIATiIAE INC., REGARDING STREET
CLOCK TIME AND TE141PERATURE DISPLAYS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor kaurice A. Ferre
NOES:
ABSENT:
None.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
gl 158 September 2b, 1985
Tlis BEING NO IlURTHER BUSINgss TO CORE BEFOitis THE CITY COKKIS$IONr THE
KHMINGW AS ADJOURNED AT gt05 O'CLOCK P,K-
ATT93Tt
plat ty Hirai
C ITY C 66RK
W .; .
Maurice A, Ferte
x A Y 0 R
159 September 26, 1965
loVY OF MHAMI
DOCUMENT
MEETING OATI
N D-EX SEPTEMBER 26, 1985
DOCLMVIT IDENTIFICATION COMMISSION RETAIEVAI
ACTION _A'JD CODE NO.
ALLOCATE $1,502 IN SUPPORT OF "CAMERATA 85-969
BARILOCHE IN CONCERT" (SISTER CITY IN CONCERT)
TO BE HELD AT GUSMAN HALL CULTURAL CENTER.,
NOVEMBER 1, 1985.
EXPRESS SOLIDARITY WITH PEOPLE OF THE UNITED 85-970
STATES OF MEXICO IN THEIR TIME OF NEED AND
MISFORTUNE, INSTRUCT CITY MANAGER TO IDENTI-
FY WHAT KIND OF EQUIPMENT THE CITY OF MIAMI
CAN SENT AT THIS TIME.
EXPRESS THE FULL SUPPORT OF THE MIAMI CITY
COMMISSION FOR ALL EFFORTS BEING MADE TO
HAVE THE FEDERAL REVENUE SHARING PROGRAM
EXTENDED AND MAINTAINED IN ORDER THAT ESSEN-
TIAL ACTIVITIES OF STATE AND LOCAL GOVERNMENTS
BE CONTINUED AT A SATISFACTORY LEVEL OF
SERVICE.
APPOINT: PABLO GOMEZ AS AMEMBER OF THE
CITY PLANNING ADVISORY BOARD EXPIRING ON
DECEMBER 31, 1987.
AUTHORIZE LAW FIRM OF SAGE, GRAY, TODD,
AND SIMS TO ASSIST IN THE FINAL NEGOTIATION
AND DOCUMENT'S DRAFT IN CONNECTION WITH
THE INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR BAYSIDE SPECIALTY CENTER PARKING GARAGE
PROJECT, ETC.
GRANT A PERMIT TO SELL BEER ON BRICKELL
AREA IN CONNECTION WITH BIG BAND CONCERT
TO BE HELD ON OCTOBER 10, 1985 (BRICKELL
PARK.
IDENTIFY/DESIGNATE CITY MANAGER SERGIO PE-
REIRA AS THE CITY OF MIAMP S REPRESENTATIVE
TO SERVE IN THE NEWLY FORMED BEACON COUNCIL.
APPROVE THREE YEAR STRATEGIC PLAN FOR INTER-
NATIONAL TRADE PROMOTION ($536,000.).
AUTHORIZE TO EXECUTE INDIVIDUAL CONTRACT
AGREEMENTS WITH LOCAL TRADE PROMOTION ORGANI-
ZATION TO SUPPORT EXISTING AND CURRENTLY
FUNDED EVENTS TO TAKE PLACE IN MIAMI $206,000.)
85-971
85-974
85-976
r'
It�OCU1�IENTI�VDEX
CONTINUED
WCUMENT IDENTIFICATION
ALLOCATE $30,000. IN SUPPORT OF "VI INTER-
AMERICAN SUGARCANE SEMINAR ON IRRIGATION
AND DRAINAGE" (SEPTEMBER 25 - 27, 1985).
CONCERN THE GREAT COCONUT GROVE BICYCLE
RACE TO TAKE PLACE ON OCTOBER 10, 11, AND
13, 1985 TO CLOSE STREETS THROUGH VEHICULAR
TRAFFIC DURING SPECIFIC DATE AND HOURS,
ETC.....
APPROVE THE INSTALLATION OF DRIVE-IN FACILI-
TIES AT THE UNIBANK, N.A. 5215 SOUTHWEST
8TH STREET.
ACCEPT THE PROPOSAL OF COCONUT GROVE CHAMBER
OF COMMERCE TO LEASE SPACE IN THE COMMUNITY
BUILDING CITY OF MIAMI'S PEACOCK PARK,
FOR THE PURPOSE OF DISTRIBUTING INFORMATION
REGARDING TOURISM CITY ACTIVITIES AND EVENTS
AND FOR ORGANIZING RECREATIONAL CULTURAL
AND EDUCATIONAL ACTIVITIES, ETC....
AUTHORIZE $15,000. IN SUPPORT OF THE COUNCIL
ON INTERNATIONAL VISITORS OF GREATER MIAMI,
INC. (C.I.V.) SUBJECT TO FUNDING BEING
PROVIDED BY METRO DADE.
ALLOCATE $35,000. IN SUPPORT OF THE FLORIDA
EXPORTERS AND IMPORTERS ASSOCIATION PROGRAM
OF ACTIVITIES (OCTOBER 1, 1985 THROUGH
SEPTEMBER 30, 1986).
APPOINT: COMMISSIONER J. L. PLUMMER AS
VOTING DELEGATE REPRESENTING THE CITY OF
MIAMI AT THE 59TH ANNUAL CONVENTION OF
THE FLORIDA LEAGUE OF CITIES (HOLLYWOOD, -
FLORIDA, OCTOBER 10 - 12, 1985.
MAKE PROVISION FOR HOLDING OF NONPARTISAN
CITY OF MIAMI PRIMARY ELECTION TO TAKE
PLACE ON NOVEMBER 5 AND A GENERAL MUNICIPAL
ELECTION, NOVEMBER 12, 1985.
RECHEDULE REGULAR CITY COMMISSION MEETING
OF NOVEMBER 14, 1985 TO TAKE PLACE ON NO-
VEMBER 13, 1985 AT 12:00 NOON.
85-992
85-993
85-994
m-Romer.
85-1000
DOCUMENT IDENTIFICATION
AUTHORIZE CLOSURE OF STREETS IN CONNECTION
WITH THE 1985 MIAMI INTERNATIONAL BOOK
FAIR" SUBJECT TO ISSUANCE OF PERMITS, ETC...
ACCEPT BID OF C.P.T. OF SOUTH FLORIDA,
INC. FOR FURNISHING ONE AUTOMATIC DOCUMENT
DEST MODEL 212 WORKLESS STATION TO THE
DEPARTMENT OF COMPUTER ($12,656.40).
ACCEPT BID OF PHYSIC) CONTROL CORPORATION
FOR FURNISHING MAINTENANCE FOR LIFE SUPPORT
EQUIPMENT FOR DEPARTMENT OF FIRE, RESCUE,
AND INSPECTION ($12,551.00).
GRANT OF TEMPORARY PERMIT BY STATE OF FLORI-
DA TO DISPENSE BEER IN CONNECTION WITH
THE ANUUAL PICNIC (NOVEMBER 10, 1985 ON
PEACOCK PARK) FOR VIETNAM VETERANS ASSOCIA-
TION.
AUTHORIZE CITY MANAGER TO APPLY FOR CERTIFI-
CATION UNDER FLORIDA'S CERTIFIED LOCAL
GOVERNMENTS PROGRAM TO PARTICIPATE IN THE
FEDERAL HISTORIC PRESERVATION PROGRAM.
ACCEPT RECOMMENDATIONS OF THE CITY MANAGER
AND COMPETITIVE SELECTION COMMITTEE - CON-
SULTANT FOR "INDUSTRIAL LAND USE NEEDS
STUDY FOR THE CITY OF MIAMI.
ACCEPT RECOMMENDATIONS OF THE CITY MANAGER
AND THE COMPETITIVE SELECTION COMMITTEE
CONCERNING FOR PREPARATION OF A "DESIGN
CRITERIA MANUAL FOR BRICKELL PROMENADE,
APPROVING NAMES: RODRIGUEZ KHULY QUTAOGA
CHI
ARCHITECTS; ALLEN GARCIA; ,
AND PALES, ARCHITECS; ETC....
WAIVE REQUIREMENTS FOR COMPETITIVE SEALED
BID, APPROVE PURCHASE OF MAINTENANCE SERV-
ICES FOR TEN DATAGRAM CORP,COMMUNICATIONS
CONCENTRATORS ($8,200.),
�.rn-�"�-r'si-p*-i'��'e,.-'`a„�_�
c U r`ar,1 5 5 i V n IN
ACTION AND C
85-1002
DOCUMENT IDENTIFICATION
WAIVE THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDS AND APPROVE THE PLACEMENT OF A ONE
- THIRD PAGE, BLACK AND WHITE ADVERTISEMENT
IN THE NEW YORK TIMES SUNDAY MAGAZINE ($7,855.
ALLOCATE $925,515. OF FY 1985-86 FEDERAL
REVENUE SHARING FUNDS TO SELECTED SOCIAL
SERVICES AGENCIES FOR THE PERIOD OF OCTOBER
1, 1985 THROUGH SEPTEMBER 30, 1986; ETC...
AUTHORIZE AND PERMIT BELLE MEADE HOMEOWNERS'
ASSOCIATION, INC. TO RESTRICT VEHICULAR
ACCESS ON A 90 - DAY TRIAL BASIS TO THE
BELLE MEADE NEIGHBORHOOD.
AUTHORIZE TO EXECUTE A SUBLEASE AGREEMENT
WITH LAW FIRM OF DANIELS AND HICKS FOR SPACE
AT 169 EAST FLAGLER STREET; FURTHER AUTHORIZE
AMENDMENT TO EXISTING LEASE WITH DUPONT
BUILDING ASSOCIATES LTD.FOR LEASE OF ADDI-
TIONAL SPACE FOR LAW DEPARTMENT.
0VIM;I s s I
ACTION