HomeMy WebLinkAboutCC 1985-09-12 MinutesINCONPgOIt:1TE1S
18096 �.
OF MEETING HELD ON September 12, 1985
(REGULAR)
PREPARED 8Y THE OFFICE O YHE CITY CLERK
MATTX HIRAI
City cleik
INDEX
MtNUTBS OF REGULAR 999TING
CITY COMMISSION OF MIAMI, FLORIDA
September 120 1985
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1 PLAQUES, PROCLAMATIONS AND SPECIAL PRESENTED 1
ITEMS. 9/12/85
2 URGE FLORIDA LEAGUE OF CITIES TO R 85-863 2
NOMINATE MARTIN YELEN FOR THE "E. 9/12/85
HARRIS DREW AWARD".
3 GRANT REQUEST BY DOWNTOWN MER- M 85-864 2-3
CHANTS' ASSOCIATION FOR CLOSURE OF 9/12/85
FLAGLER STREET ON NOVEMBER 6, 1985
TO DRAW ATTENTION TO THE "MIAMI
INDIANAPOLIS RACE".
4 DIRECT CITY MANAGER TO PLACE ISSUE M 85-865 3
OF MIAMI OUTBOARD CLUB ON NEXT 9/12/85
AGENDA FOR DISCUSSION BY CITY
COMMISSION.
5 DIRECT CITY MANAGER TO PAY CASH DISCUSSION 4
PRIZES TO THE TWO INDIVIDUALS WHO 9/12/85
WON THE INTERNATIONAL FESTIVAL
DOMINOES COMPETITION.
6 GRANT REQUEST FOR WAIVER OF NOISE R 85-866 4-5
ORDINANCE FOR FIREWORKS DISPLAY 9/12/85
WHICH TOOK PLACE AT VILLA VIZCAYA
ON SEPTEMBER 10, 1985, AS PART OF
THE SOUTHERN GOVERNORS' CONFER-
ENCE.
7 RATIFY ACTION BY THE CITY MANAGER R 85-867 5
IN AUTHORIZING EXPENDITURE OF 9/12/85
$12,000 FOR LUNCHEON SESSION
HONORING PRESIDENT OF PANAMA
(SOUTHERN GOVERNORS' CONFERENCE).
8 EXPRESS DEEPEST SYMPATHY TO FAMILY R 85-868 6
AND FRIENDS OF MIAMI POLICE OFFI- 9/12/85
CER MANUAL LOPEZ UPON HIS TRAGIC
DEATH.
9 EXPRESS DEEPEST SYMPATHY TO FAMILY
R 85-869 6-7
AND FRIENDS OF MARY ANN KNIGHT
9/12/85
UPON HER DEATH.
10 EXPRESS DEEPEST SYMPATHY TO FAMILY
R 85-870 7-8
AND FRIENDS OF CONCHITA CASTANEDO
9/12/85
UPON HER DEATH.
11 RENAME STREET IN FRONT OF CITY OF
M 85-871 8-9
MIAMI CONVENTION CENTER AS "SESAME
9/12/85
STREET" ON A TEMPORARY BASIS, FOR
A ONE -WEEK PERIOD# TO WELCOME
STAGING OF "SESAME STREET LIVE",
RT I 9/12/85
pi
12
AUTHORIZE & DIRECT CITY MANAGER TO
FUND THE SIXTH INTER=AMERICAN
SUGAR CANE CONFERENCE" AT LAST
YEAR'S LEVEL OF FUNDING.
13
CITY COMMISSION ENDORSES CANDIDACY
OF BETTY ANDREWS LANTZ, VICE -MAYOR
OF CITY OF SOUTH MIAMI, FOR OFFICE
OF SECOND VICE-PRESIDENT OF THE
FLORIDA LEAGUE OF CITIES.
14
PROPOSE CHANGE OF S.W. 8TH STREET
INTO A TWO-LANE STREET ON A TEMPO-
RARY BASIS.
15
BRIEF DISCUSSION ITEM: DIRECT
ADMINISTRATION TO PREPARE APPRO-
PRIATE PLAQUE TO BE PRESENTED TO
MONTY TRAINER FOR HIS OUTSTANDING
CONTRIBUTION TO THE "MISS UNIVERSE
PAGEANT".
M 85=872 9-15
9/12/85
R 85-873
9/12/85
M 85-874
9/12/85
DISCUSSION
9/12/85
15-16
16-18
18-19
16
BRIEF DISCUSSION ITEM: SALES OF
DISCUSSION
19-20
NEWSPAPERS ON CITY STREETS BY
9/12/85
MINORS.
17
APPROVAL OF CITY COMMISSION MIN-
MOTION
20
UTES.
9/12/85
18
RESCHEDULE REGULAR CITY COMMISSION
R 85-875
20-22
MEETINGS OF NOV. 28 TO NOW TAKE
9/12/85
PLACE ON NOVEMBER 26, 1985.
19
SET DATE FOR DEDICATION OF JOSE
M 85-876
22-23
MARTI MUNICIPAL LOTS NOS. 28 AND
9/12/85
29.
20
SCHEDULE DEDICATION CEREMONIES FOR
M 85-877
23-24
MOORE PARK.
9/12/85
21
EXECUTE AGREEMENT WITH NATIONAL
R 85-878
24-26
CENTER FOR MUNICIPAL DEVELOPMENT,
9/12/85
INC. ("MAN IN WASHINGTON PRO-
GRAM").
22
CONSENT AGENDA:
27-33
22.1
EXTENSION OF EMPLOYMENT FOR VIR-
R 85-879
28
GINIA LIEBERMAN.
9/12/85
22.2
EXTENSION OF EMPLOYMENT FOR RUBEN
R 85-880
28
GONZALEZ.
9/12/85
22.3
CLAIM SETTLEMENT: MERCEDES
R 85-881
28
RODRIGUEZ - $12,000
9/12/85
22.4
QUIT -CLAIM DEED TO JONATHON N.
R 85-882
28
BROOKS, N.W. CORNER OF LOT 14 OF
9/12/85
FEATHERSTONE RIDGE SUBDIVISION.
22.5
ACCEPT 22 DEEDS OF DEDICATION FOR
R 85-883
29
HIGHWAY PURPOSES.
9/12/85
22,6
ORDERING RESOLUTION - WYNWOOD
R 85-884
29
HIGHWAY IMPROVEMENT H-4514
9/12/85
22,7
ACCEPT COMPLETED WORK MELWEB
R 85-885
29
SIGHS, INC. FOR COMMERCIAL DIS-
9/12/85
TRICTS - SIGNS.
22,8
ACCEPT COMPLETED WORK SCKEMA,
R 85-886
29
INC. FOR COCONUT GROVE EXHIBITION
9/12/85
CENTER - RESTROOM FACILITIES+
RT
11
9/12/85
22.9
22610
22,11
22.12
22.13
22.14
22.15
22.16
22.17
22.18
22.19
22.20
22.21
22.22
22.23
22.24
22.25
22,26
AMEND ASSESSMENT ROLL - KOUBEK
SANITARY SEWER IMPROVEMENT DIS-
TRICT SR-5477=0.
AMEND ASSESSMENT ROLL - WEST
TRAILVIEW HIGHWAY IMPROVEMENT
DISTRICT H-4447,
AUTHORIZE PURCHASE OF ONE KUT,-
KWICK MODEL HT-16-60 MOWER.
AUTHORIZE PURCHASE OF ONE DICTA -
PHONE THIRTY CHANNEL TRANSPORT
LOGGER, TWO DUAL DECK ACTIVITY
MONITORS, TWO PRINTERS FROM DICTA -
PHONE CORP., A PITNEY BOWES CO.
APPROVE EMERGENCY PURCHASE OF
INPUT TRANSFORMER FOR UNINTERRUPT-
ED POWER SUPPLY SYSTEM FOR DEPT.
OF COMPUTERS - DEPT. OF BUILDING &
VEHICLE MAINTENANCE.
BID ACCEPTANCE OF E. V. F., INC.
FOR 3 NEW RESCUE AMBULANCES WITH
OPTION TO BUY FOURTH.
�o"
R 85=887 29
9/12/85
R 85-888 29
9/12/85
R 85-889
9/12/85
R 85-890
9/12/85
R 85-891
9/12/85
R 85-892
9/12/85
BID ACCEPTANCE - XEROX CORP. FOR R 85-893
LEASE OF ONE ELECTRONIC COPIER FOR 9/12/85
FIVE YEARS.
BID ACCEPTANCE - JOHN W. BARON
ROOFING FOR FIRE STATION #10.
BID ACCEPTANCE - NATIONAL DRAEGER,
INC. FOR BREATHING APPARATUS AND
MISC. PARTS.
BID ACCEPTANCE - BRUNING CO. FOR
BLUEPRINT REPRODUCTION PAPER
SUPPLIES.
BID ACCEPTANCE - UNIVERSAL COMMU-
NICATIONS SYSTEMS, INC. FOR TELE-
PHONE SYSTEM AT ORANGE BOWL.
BID ACCEPTANCE - GREATER MIAMI
CATERERS FOR FOUR CITY DAY CARE
CENTERS AND FIVE PRE-SCHOOLS.
BID ACCEPTANCE - RIC-MAN INTERNA-
TIONAL, INC. FOR EDGEWATER HIGHWAY
IMPROVEMENT.
BID ACCEPTANCE - M. VILA & ASSOC.,
INC. FOR FIRE, RESCUE & INSPECTION
SERVICES - STORAGE MEZZANINE.
CLOSURE OF STREETS FOR "FAMILY
BICYCLING DAY" - SEPT. 29, 1985.
ACCEPT CERTIFICATION OF RESULTS OF
SPECIAL ELECTION HELD AUGUST 13,
1985 FOR CHARTER AMENDMENT NO. 1.
ACCEPT CERTIFICATION OF RESULTS OF
SPECIAL ELECTION HELD AUGUST 13,
1985 FOR CHARTER AMENDMENT NO, 2.
ACCEPT CERTIFICATION OF RESULTS OF
SPECIAL ELECTION HELD AUGUST 13,
1985 FOR $7,0001000 BAYFRONT PARK
REDEVELOPMENT BONDS,
30
30
30
30
30-31
R 85-894 31
9/12/85
R 85-895 31
9/12/85
R 85-896 31
9/12/85
R 85-897 31
9/12/85
R 85-898 32
9/12/85
R 85-899 32
9/12/85
R 85-900 32
9/12/85
R 85-901 32
9/12/85
R 85-902 32
9/12/85
R 85-903 33
9/12/85
R 85-904 33
9/12/85
RT I�� 9/12/85
22,27 ACCEPT CERTIFICATION OF RESULTS OF R 85-905 33
SPECIAL ELECTION HELD AUGUST 131 9/12/85
1985 FOR EXTENSION OF TWO LEASES
RELATED TO MONTY TRAINER'S PROPER-
TY,
23 A) REQUEST MANAGER ENTIRE HISTO= M 95-906 33-36
RY/BACKGROUND DATE OF CERTAIN AREA R 85-907
IN VIRGINIA KEY, 9/12/85
B) QUIT -CLAIM TO MIAMI-DARE WATER
& SEWER AUTHORITY CITY'S INTEREST
IN WATER MAINS SERVICING AN AREA
OF VIRIGNIA KEY.
24 BID ACCEPTANCE JAY CEE CLEANING R 85-908 36-37
& CUSTODIAL SERVICES FOR MANUAL 9/12/85
ARTIME COMMUNITY CENTER ($23,700).
25 BID ACCEPTANCE - REX-TONE PAINT & R 85-909 37-38
CHEMICAL COMPANY (PAINTING SUP- 9/12/85
PLIES) FOR COMMUNITY DEVELOPMENT
DEPT. ($138,000).
26 BID ACCEPTANCE - BELL & HOWELL - R 85-910 38-40
MICROFILM CAMERA ABR-200 FOR 9/12/85
POLICE DEPARTMENT - $12,996;
OBJECTION BY DAN HARRIS, EASTMAN
KODAK CO.
27 RATIFY AGREEMENT WITH "CELLAR DOOR R 85-911 40-41
CONCERTS, INC." AND "BEACH CLUB 9/12/85
BOOKINGS, INC." FOR BRUCE
SPRINGSTEEN CONCERTS.
28 A) COMMEND MEMBERS OF ADMINISTRA- M 85-912 41-46
TION RESPONSIBLE FOR BRUCE 9/12/85
SPRINGSTEEN CONCERTS' SUCCESS;
B) REQUEST FROM ADMINISTRATION
INFORMATION CONCERNING FEE SCHED-
ULES FOR CONCERTS USED BY COMPARA-
BLE CITIES TO MIAMI;
C) AUTHORIZE STUDY ON PROPOSED
CONSTRUCTION OF STAGE IN THE
ORANGE BOWL.
29 OPEN SEALED BIDS FOR CONSTRUCTION M 85-913 46
OF FAIRLAWN NORTH SANITARY SEWER 9/12/85
IMPROVEMENT - SR-5491-C•
30 AMEND 54-104 OF THE CITY CODE 10031 47
"STREET AND SIDEWALKS", "NON- 9/12/85
STANDARD STREET WIDTHS".
31 IMPLEMENT FIRST SOURCE HIRING 10032 47-48
AGREEMENT BY AND BETWEEN PRIVATE 9/12/85
INDUSTRY COUNCIL OF SOUTH FLORI-
DA/SOUTH FLORIDA EMPLOY-
MENT/TRAINING CONSORTIUM - AS
AUTHORIZED CITY REPRESENTATIVE AND
INDIVIDUAL OR ORGANIZATION RECEIV-
ING SAID CONTRACT.
32 AMEND SECTION 30-26 OF THE CODE - 10033 48-49
INCREASE FEES FOR USE OF CITY DAY 9/12/85
CARE FACILITIES.
33 AMEND 8719 BY ESTABLISHING NEW FIRST 49-50
TRUST & AGENCY FUND "COMMUNITY READING
DEVELOPMENT COUNTY SUPPLEMENT 9/12/85
(FY'85-86)" - $16,000.
7 T iv 9/122/85
34 BRIEF DISCUSSION ANT) DEFERRAL DISCUSSION 50W-51
PROPOSED EMPLOYMENT OF OUTSIDE 9/12/85
COUNSEL TO ASSIST WITH INDUSTRIAL
DEVELOPMENT REVENUE BONDS NEGOTIA-
TtONS "BAYSIDE SPECIALTY CENTER
PARKING GARAGE" PROJECT.
35 ALLOCATE $10,000 IN SUPPORT OF R 85=914 51-53
HAITIAN REFUGEE CENTER /SANT 9/12/85
REFIJIE AYISYIN, INC., LEGAL
SERVICES TO HAITIAN COMMUNITY WITH
PROVISO.
36 AUTHORIZE AGREEMENT WITH METROPOL- R 85-915 53-54
ITAN DADE COUNTY TO IMPLEMENT 9/12/85
PORTION OF METRO'S C.D. BLOCK
GRANT PROGRAM 11TH YEAR - ACCEPT
$16,000 TRANSFER FROM DADE COUN-
TY.
37 ACCEPT LAND APPRAISER'S PROPOSALS R 85-916 54-55
AND FEES - ESTABLISH FAIR MARKET 9/12/85
VALUE OF 13 LOTS AND IMPROVEMENTS
THEREON FOR "SOUTH AREA SUBSTA-
TION".
38 AUTHORIZE AMENDMENT TO AGREEMENT, R 85-917 55-56
SIGNED WITH METRO DADE ON 9/12/85
12/20/83 - ENGAGE CITY OF MIAMI TO
PROVIDE FIRE, RESCUE & INSPECTION
SERVICES TO PORT OF MIAMI.
39 ESTABLISH NEW SPECIAL REVENUE FUND 10034 57
"DEVELOPMENTAL DISABILITIES MODEL 9/12/85
PROJECT: & APPROPRIATE $30,000
FROM U. S. DEPT. OF HEALTH & HUMAN
SERVICES.
40 REGULATE PLACEMENT OF NEWSRACKS IN FIRST 58-60
PUBLIC RIGHTS -OF -WAY; IMPOSE READING
SAFETY & AESTHETIC RESTRICTIONS, 9/12/85
ETC.
41 AMEND CABLE TELEVISION LICENSE DISCUSSION 60-64
ORDINANCE 9332, COMMUNITY ACCESS 9/12/85
CORPORATION, ETC. - TEMPORARILY
DEFERRED. SEE LABEL NO. 43.
42 PRESENTATION OF KEY TO THE CITY TO M 85-918 64-65
HONORABLE MOHAMED ZIAN, INTERIM 9/12/85
MAYOR OF RABATT, CAPITAL OF MOROC-
CO - REQUEST SISTER CITY STATUS
FOR "CITY OF ACADIER, KINGDOM OF
MOROCCO".
43 AMEND CABLE TELEVISION LICENSE 10035 66-81
ORDINANCE 9332. 9/12/85
44 A) PRESENTATION OF KEY TO THE CITY PRESENTED 82
TO HONORABLE RICARDO MARTINEZ 9/12/85
SAPRISSA, MAYOR OF SAN SALVADOR,
EL SALVADOR.
B) DECLARE "JUMBO RESTAURANT
DAY" MR. ROBERT FLAM.
45 APPROVE OFFER OF $725,000 PER R 85-919 82-85
APPRAISAL OF LAND FOR PROPOSED 9/12/85
SMALL PASSIVE PARK AND/OR PUBLIC
MARINA AT APPROXIMATELY N.E. 69TH
STREET & BISCAYNE RAY.
RT v 9/12/85
m
46
APPROVE FY 1985-'86 ADMINISTRATIVE
R 85-920
85-86
13UDGET OF THE "MIAMI SPORT'S AND
9/12/85
EXHIBITION AUTHORITY".
47
EXECUTE AMENDMENT TO LEASE AGREE-
R 85-921
86-87
MENT WITH BAYSIDE CENTER LIMITED
9/12/85
PARTNERSHIP FOR BAYSIDE RETAIL
PARCEL - INCORPORATE REQUIREMENTS
FOR CONSTRUCTIONO FINANCING, ETC,
48
EXECUTE AMENDMENT TO AGREEMENT
R 85-922
87-88
WITH BAYSIDE CENTER LIMITED PART-
9/12/85
NERSHIP "GARBAGE PARCEL LEASE".
49
EXECUTE AGREEMENT WITH BOARD OF
R 85-923
88-90
TRUSTEES OF INTERNAL IMPROVEMENT
9/12/85
TRUST FUND OF THE STATE OF FLORIDA
FOR RELEASE OF DEED RESTRICTIONS
ON LAND ADJACENT TO BAYFRONT PARK
WITHIN BAYSIDE SPECIALTY CENTER
LEASED AREA.
50
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
91-97
OF PROPOSED EXECUTION OF AGREEMENT
9/12/85
WITH NEW WORLD MARINAS, INC. FOR
PURCHASE/TERMINATION RIGHTS IN AND
TO THE MIAMARINA MANAGEMENT AGREE-
MENT (SEE LABEL 62).
51
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
97-108
OF PROPOSED EXECUTION OF AGREE-
9/12/85
MENT WITH THE PIER FIVE BOATMEN'S
ASSOCIATION, INC. - SETTLEMENT OF
CERTAIN DOCKAGE RIGHTS. SEE LABEL
65.
52
DISCUSSION REGARDING CONTRACTOR
CONTINUED
109-118
PARTICIPATION IN THE BAYSIDE
9/12/85
SPECIALTY CENTER PROJECT.
53
FIRST PUBLIC HEARING ON FY -1985-
DISCUSSION
118-128
1986 CITY OF MIAMI BUDGET.
9/12/85
54
A) AUTHORIZE & DIRECT CHIEF OF
M 85-924
128-130
POLICE TO ACQUIRE UP TO 50 ADDI-
9/12/85
TIONAL PATROL CARS.
B) AUTHORIZE & DIRECT CHIEF OF
POLICE TO HIRE 30 ADDITIONAL
P.S.A.'S BRINGING TOTAL TO 150.
55
DIRECT CHIEF OF POLICE TO HIRE 150
M 85-925
131-133
CIVILIANS TO FREE UNIFORMED POLICE
9/12/85
OFFICERS PRESENTLY ON DESKS JOBS
TO WORK ON THE STREETS.
56
INSTRUCT ADMINISTRATION TO PLACE
M 85-926
133-134
ONE MILLION DOLLARS IN A RESERVE
9/12/85
FUND IN SUPPORT OF THE "INNOVATIVE
PARKS PLAN" DEVISED BY THE ADMIN-
ISTRATION.
57
DEFINE AND DESIGNATE TERRITORIAL
FIRST
134-135
LIMITS FOR CITY OF MIAMI FOR
READING
PURPOSES OF TAXATION - FIX
9/12/85
MILLAGE.
58
MAKE APPROPRIATIONS FOR CITY OF
FIRST
135-136
MIAMI BUDGET - FISCAL YEAR 1985-
READING
1986.
9/12/85
RT vi 9/12/85
59
DEFINE AND DESIGNATPa TERRITORIAL
FIRST
136=137
LIMITS OF THE DOWNTOWN DEVELOPMENT
READING
DISTRICT OF THE CITY OF MIAMI —
9/12/85
FIX MILLAGE.
60
MAKE APPROPRIATIONS IN DOWNTOWN
FIRST
137-138
DEVELOPMENT AUTHORITY'S BUDGET FOR
READING
FY-1985-1986.
9/12/85
61
APPROVE PROPOSED USAGE OF FY-1985-
M 85-927
138-139
1986 FEDERAL REVENUE FUNDS SOCIAL
9/12/85
SERVICE AGENCIES' ALLOCATION.
62
ACLARATORY COMMENTS IN CONNECTION
DISCUSSION
140
WITH PRIOR DISCUSSION REGARDING
9/12/85
CONTRACTOR PARTICIPATION IN THE
BAYSIDE SPECIALTY CENTER PROJECT.
63
AUTHORIZE EXECUTION OF AGREEMENT
R 85-928
141-143
WITH NEW WORLD MARINAS, INC. FOR
9/12/85
PURCHASE/TERMINATION RIGHTS IN AND
TO THE MIAMARINA MANAGEMENT AGREE—
MENT FOR $1,675,000.
64
AUTHORIZE EXECUTION OF AGREEMENT
R 85-929
143
WITH BAYSIDE CENTER LIMITED PART—
9/12/85
NERSHIP FOR MANAGEMENT, OPERATION
& MAINTENANCE OF CITY FACILITIES
AT MIAMARINA. SEE LABEL 63.
65
DISCUSSION AND DEFERRAL OF PRO—
M 85-930
143-145
POSED EXECUTION OF AGREEMENT WITH
9/12/85
THE PIER FIVE BOATMEN'S ASSOCIA—
TION REGARDING SETTLEMENT OF
CERTAIN DOCKAGE RIGHTS AT
MIAMARINA, ETC.
66
EXECUTE AMENDED LICENSE AGREEMENT
R 85-931
145-146
WITH MIAMI MOTORSPORTS, INC. —
9/12/85
RELOCATE GRAND PRIX RACE CIRCUIT
FROM BAYFRONT TO BICENTENNIAL
PARK.
67 AUTHORIZE USE OF $600,00 OF HIGH— R 85-932 146
WAY GENERAL OBLIGATION BOND FUNDS 9/12/85
FOR DESIGN AND CONSTRUCTION OF THE
GRAND PRIX RACE PAVING PROJECT.
68 AMEND ORD. 9939 — ESTABLISH "GRAND 10036 147
PRIX RACE CIRCUIT PAVING PROJECT", 9/12/85
APPROPRIATE $600,000.
69 AUTHORIZE AMENDMENT TO MINORITY R 85-933 148
PARTICIPATION AGREEMENT WITH 9/12/85
BAYSIDE SPECIALTY CENTER TO CLARI—
FY CERTAIN GOALS.
70
AUTHORIZE AMENDMENT IV TO PROFES—
R 85-934
148-149
SIONAL AND TECHNICAL ASSISTANCE
9/12/85
AGREEMENT WITH FULLER AND SADAO,
P.C. FOR BAYFRONT PARK REDEVELOP—
MENT PROJECT,
71
AUTHORIZE EXECUTION OF LEASE
R 85-935
149-150
AGREEMENT WITH LADDER COMPANY NO.
9/12/85
4, LTD. FOR PLANNING, DESIGN,
CONSTRUCTION, LEASING AND MANAGE—
MENT OF FORMER FIRE STATION NO. 4.
72
DIRECT CITY CLERK TO READVERTISE
M 85-936
150-151
FOR ONE VACANCY EXISTING IN THE
9/12/85
CITY OF MIAMI ZONING BOARD.
RT
vi
9/12/85
�1
I
73 APPOINT ONE INDIVIDUAL TO THE C[TY R 85=957 151 �152
OF MIAMI PLANNING ADVISORY BOARD. 9/12/85
(NOTE: COMMISSION[R PEREZ AP-
POINTED MR. PABLO GOMEZ).
'74 CONFIRM ORDERING RESOLUTION: M 85=938 152-158
ADVERTISE FOR BIDS FOR CONSTRUC- 9/12/85
TION OF COCONUT GROVE HIGHWAY
IMPROVEMENT H-451 1 - PIfAS) F I .
75 CONFIRM ORDERING RESOLUTION - R 85-939 159
DESIGN PLAZA HIGHWAY IN1PR0VEMENT 9/12/85
H-4509 & ADVERTISE FOR SEALED
BIDS.
76
CONFIRM ORDERING RESOLUTION FOR
R 85-940
159-160
CONSTRUCTION OF CI`CYWIDE - 1981
9/12/85
SANITARY SEWER EXTENSION IMPROVE-
MENT - SR-5476.
77
AUTHORIZE INCREASE IN CONTRACT
R 85-941
160-162
WITH TARGET CONSTRUCTION COMPANY,
9/12/85
INC. FOR THE CONSTRUCTION OF "CITY
HALL CONFERENCE ROOM" - $50,000.
78
WAIVE REQUIREMENTS & PROHIBITION
R 85-942
162-163
IN CODE SEC. 2-302 TO PERMIT
9/12/85
ESTEBAN ABRAHAM, AN EMPLOYEE IN
THE BUILDING & VEHICLE MAINTENANCE
DEPARTMENT TO PARTICIPATE IN THE
HOME RENOVATION ek REHABILITATION
PROGRAM.
79
AUTHORIZE COUNTY COMMISSION TO
R 85-943
163-165
INCREASE THE LEVY OF A SPECIAL
9/12/85
ASSESSMENT TAX FOR ESTABLISHMENT
OF SPECIAL ASSESSMENT DISTRICT
"MIAMI DESIGN PLAZA DISTRICT".
80(A)
REQUEST ADMINISTRATION TO RECOM-
M 85-944
165-167
MEND ON PROPOSED PLAN TO RETAIN
9/12/85
OUTSIDE MANAGEMENT FIRM TO HELP
EXPEDITE MODIFICATIONS PLAN FOR
"MIAMI DESIGN DISTRICT DEVELOPMENT
PLAN".
80(B)
DIRECT ADMINISTRATION TO EXPLORE
M 85-945
167-169
POSSIBILITIES IN THE BUSINESS
9/12/85
WORLD AS TO POTENTIAL COST FOR THE
PRIVATE & PUBLIC SECTORS TO JOINT-
LY RETAIN A BIG MANAGEMENT FIRM
FOR MANAGEMENT OF THE "DESIGN
DISTRICT MALL", ETC.
81
A) DISCUSSION REGARDING REQUEST
DISCUSSION
169-176
FOR FINANCIAL ASSISTANCE FOR THE
9/12/85
1985 "SUNSTREET FESTIVAL";
B) DISCUSSION REGARDING REQUEST
FOR FINANCIAL ASSISTANCE FOR THE
1985 "BIG ORANGE BLOSSOM CLASSIC".
82
DISCUSSION REGARDING REQUESTED
DISCUSSION
176
USAGE OF THE MIAMI BASEBALL STADI-
9/12/85
UM BY "ENTERTAINMENT GALORE" FOR A
CERTAIN EVENT TO BE HELD IN DECEM-
BER.
83
DISCUSSION REGARDING PROPOSED
DISCUSSION
177
REQUEST FOR FINANCIAL ASSISTANCE
9/12/85
FOR THE "ONE ART BALLET THEATRE".
RT
viii
9/12/85
CA
84
AUTHORIZE; PURCHASE OF TWO PARCELS
R 95-946
177-178
LOCATED WITHIN THE SOUTHEAST
9/12/85
OVERTOWN/PARK WEST REDEVELOPMENT
AREA,
85
PROCEED WITH DEVELOPMENT OF A
R 85-947
1'78-179
MULTIFAMILY RENTAL HOUSING PRO=
9/12/85
JECT = ISSUE MULTIFAMILY REVENUE
BONDS NOT TO EXCEED $69000,000 FOR
THE BENEFIT OF CIR-
CA/BARNESS/SAWYER.
86
COMMISSION EXPRESSES INTENT TO
R 85-948
179
PROCEED WITH DEVELOPMENT OF MULTI-
9/12/85
FAMILY RENTAL FAMILY PROJECT AND
THE FINANCING OF 150 UNITS THEREOF
THROUGH ISSUANCE OF MULTIFAMILY
REVENUE BONDS -O $9,500,000 FOR
BENEFIT OF CIRCA/BARNESS/SAWYER-
817
BRIEF DISCUSSION AND DEFERRAL OF
DISCUSSION
180-181
REQUEST BY THE "OPPORTUNITIES
9/12/85
INDUSTRIALIZATION CENTER OF DADE
COUNTY" FOR FINANCIAL ASSISTANCE
FOR THEIR ORGANIZATION.
88
CONFIRM ORDERING RESOLUTION - WEST
R 85-949
181-182
LITTLE HAVANA HIGHWAY IMPROVEMENT
9/12/85
H-4510, PHASE I; ADVERTISE FOR
BIDS.
89
DISCUSSION IN CONNECTION WITH
DISCUSSION
182-185
WITHDRAWAL OF PRELIMINARY APPLICA-
9/12/85
TION BY APPLICATION - "COMMODORE
BAY PROJECT".
90
DISCUSSION REGARDING PROPOSED
DISCUSSION
185-196
EMERGENCY ORDINANCE AUTHORIZING
9/12/85
ISSUANCE OF $6,000,000 GENERAL
OBLIGATION BONDS FOR PURPOSE OF
ACQUIRING, FOR PUBLIC PURPOSE,
APPROXIMATELY 6.5 ACRES OF LAND AT
3471 MAIN HIGHWAY.
91
STATE IN PUBLIC RECORD LOUIS
M 85-950
196-198
FARRAKHAN'S VISIT MORE UNWELCOME;
9/12/85
MESSAGES OF HATRED AND RACISM ARE
REPUGNANT TO THE CITY.
92(A)
SECOND READING ORDINANCE FOR
M 85-951
198-207
REGULATION OF SIGN STRUCTURES
9/12/85
PASSED BY CITY COMMISSION, BUT
RESCINDED IN SUBSEQUENT MOTION FOR
INCORPORATION OF AMENDMENT.
92(B)
(B) SECOND READING ORDINANCE:
M 85-952
198-207
AMEND SEC. 2026 OF 9500, SIGNS,
10037
SPECIFIC LIMITATIONS & REQUIRE-
9/12/85
MENTS, ETC. - LIMIT ALLOWABLE
NUMBER OF NEW SIGN STRUCTURES;
ALLOW PERMIT REVOCATION UNDER
CERTAIN CONDITIONS, ETC.
93
ALLOW ONE OUTDOOR ADVERTISING SIGN
R 85-953
207-210
AT 818 S. W. 4TH AVENUE.
9/12/85
94
ALLOW ONE OUTDOOR ADVERTISING -SIGN
R 85-954
211-213
AT 643-45 N. W. 20TH STREET,
9/12/85
95
ALLOW ONE OUTDOOR ADVERTISING SIGN
R 85-955
213-214
AT 656 N. W. 32ND STREET.
9/12/85
RT ix 9/12/85
Ci
96
ALLOW ONE OUTDOOR ADVERTISING SIGN
R 85-956
215"217
AT 3701 N. W. 7TH AVENUE,
9/12/85
917
ALLOW ONE OUTDOOR ADVERTISING SIGN
R 85-957
217-219
AT 1544 N.W. 39TII STREET,
9/12/85
98
DENY REQUEST TO ALLOW ONE OUTDOOR
R 85-958
219=225
ADVERTISING SIGN AT 640 N.W. 26TI1
9/12/85
STREET,
99
DENY REQUEST TO ALLOW ONE OUTDOOR
R 85-959
225-228
ADVERTISING SIGN AT 1512 N. W. 7TH
9/12/85
AVENUE.
100
ALLOW ONE OUTDOOR ADVERTISING SIGN
R 85-960
228-229
AT 643 N.W. 27TH STREET.
9/12/85
101
ALLOW ONE OUTDOOR ADVERTISING SIGN
R 85-961
230-231
AT 1483 N. W. 7TH AVENUE.
9/12/85
102
ALLOW ONE OUTDOOR ADVERTISING SIGN
R 85-962
231-232
AT 650 N. W. 17TH STREET.
9/12/85
103
ACCEPT RECOMMENDATIONS MADE FOR
R 85-963
233
THE DEVELOPMENT OF STRUCTURAL
9/12/85
AESTHETIC STANDARDS BY THE PLAN-
NING DEPARTMENT IN CONJUNCTION
WITH SIGN INDUSTRY.
104
ALLOCATE $15,000 TO DEPARTMENT OF
R 85-964
234-235
PARKS AND RECREATION FOR DEDICA-
9/12/85
TION CEREMONY AT MOORE PARK.
105
REJECT SOLE PROPOSAL RECEIVED FOR
R 85-965
235-236
STREET CLOCK TIME AND TE14PERATURE
9/12/85
DISPLAY BY °RELIATIME, INC."
106
RATIFY CITY MANAGER'S EXECUTION OF
R 85-966
237
PROFESSIONAL SERVICES AGREEMENT
9/12/85
WITH FLORIDA MEMORIAL COLLEGE TO
PROVIDE HUMAN RELATIONS TRAINING
FOR POLICE DEPARTMENT.
107
DEFER PROPOSED EXECUTION OF CON-
DEFERRED
237-238
TRACT WITH TOUCHE ROSS AND COMPANY
9/12/85
FOR PROFESSIONAL SERVICES - COST
REDUCTION IN CITY'S LIGHTING
SYSTEM.
RT x 9/12/85
op 0
MINUTES OF R80ULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of September, 1985, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:04 O'Clock A.M. by Mayor Maurice
A. Ferre with the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
Sergio Pereira, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
ABSENT:
Vice Mayor Joe Carollo
Commissioner Demetrio Perez
An invocation was delivered by Mayor Ferre who then led those present in
a pledge of allegiance to the flag.
1. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
1. PLAQUES PRESENTED: To City Police Officials for their service to the
Little Havana Community. Presented on behalf of Alfonso Alberti,
Chairman of the Little Havana Sub -Council of the Comprehensive Crime
Prevention Project.
2. COMMENDATION: The City Commission expressed to Fire Chief McCullough
their heartfelt congratulations for the Fire Department's handling of a
nursing home fire, thereby avoiding what could have been a major
catastrophe.
3. PROCLAMATION: Declaring Missing and Exploited Children Day. Presented
to Charles Palmer, Vice President of Sales, Fresh Fruit Group.
4. PROCLAMATION: Declaring Allapattah Facade Months. Presented to Ralph
Packingham, President, and Eugene Sorosky, Secretary, of Allapattah
Merchants Association; and Orlando Urra, Board member of the Allatattah
Business Development Authority.
5. FLAG TO COMMISSION: United Wa►y of Dade County, presents a flag to the
Commission to begin its 1985 City campaign.
6. KEY: To Victor Camara - Well known Venezuelan actor, star of the soap
opera "Topacio'.
7. PLAQUE TO CITY: By Larry Suarez, Manager of the the City of Miami
"Bandidos" Softball Team for the City's support of the team.
NOTE FOR THE RECORD: Vice -Mayor Carollo entered meeting at 9:20 A.M.
ld
September 12, 1985
MR
iir---"---".i J.-r "ir----w+.iN.:--.G.i.3-d 6 -.6 r6 - rf C.
2. URGE FLORIDA LEAGUE OF CITIES TO NOMINATE; MARTIN YELE;N FOR THE "E. HARRIS
DREW AWARD".
�r.:wr..—.�..►—...a►r.r.��:a�r a►.�—r.r—��.►s.—.:.��+:raw.r.--...:.:.—��ra—.�.rw►--srrr—:.w ..--wr---►--
Mayor Ferre: All right, let's go into pocket items. Commissioner Plummer?
Mr, Plummer: Mr. Mayor, I think most of you are aware of these pocket items
because the same people came to see you that saw myself, First of all, Mr,
Mayor - I would like to take care of a Florida League matter. We would like
to recommend that this Commission go on record in supporting one of our local
people - Commissioner and Mayor Martin Yelen of West Miami. Every year the
Florida League of Cities choose an official of the year and South Florida,
this year is proffering the name of Martin Yelen, and I would like a
resolution reading"a Resolution urging the Florida League of Cities
Incorporated, to nominate Martin Yelen as a recipient for the Florida
Municipal Official of the E. Harris Drew Award", and I so move, Mr. Mayor,
Mr. Dawkins: Second.
Mayor Ferre: Second by Dawkins. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-863
A RESOLUTION URGING THE FLORIDA LEAGUE OF CITIES, INC.
TO NOMINATE MARTIN YELEN AS THE RECIPIENT FOR THE
FLORIDA'S MUNICIPAL OFFICIAL OF THE YEAR "E. HARRIS
DREW AWARD."
(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
3. GRANT REQUEST BY THE DOWNTOWN MERCHANTS' ASSOCIATION FOR CLOSURE OF
FLAGLER STREET ON NOVEMBER 6, 1985 TO DRAW ATTENTION TO THE "MIAMI
INDIANAPOLIS RACE".
Mr. Plummer: Mr. Mayor, the next one is a request of the Downtown Merchant's
Association through Willy Gort, to close Flagler Street for a portion of the
day on November 6th. You know that is the day after election, and it is to
bring and draw attention to that weekend, Mr. Mayor, of the Miami Indianapolis
Race, and I so move that that be granted from 11:00 A.M. to 2:00 P.M.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre; Further discussion? Call the roll.
Id
2
September 12, 1985
The following motion was introduced by Commissioner Plummer; who moved
its adoption:
MOTION NO, 85-864
A MOTION GRANTING A REQUEST FADE BY THE DOWNTOWN
MERCHANTS' ASSOCIATION FOR CLOSURE OF FLAGLER STREET
DURING A PORTION OF THE DAY ON NOVEMBER 6o 1985 IN
ORDER TO DRAW ATTENTION TO THE "MIAMI INDIANAPOLIS
RACE".
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, �r.
Vice -Mayor Joe Carollo
4. DIRECT CITY MANAGER TO PLACE ISSUE OF MIAMI OUTBOARD CLUB ON NEXT AGENDA
FOR DISCUSSION BY CITY COMMISSION.
Mr. Plummer: And finally, Mr. Mayor, I would ask that a motion be made that
instructs the City Manager to place on the next agenda the lease of the Miami
Outboard Club for full discussion by this Commission. I so move.
Air. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-865
A MOTION DIRECTING THE CITY MANAGER TO PLACE THE
ISSUE OF THE MIAMI OUTBOARD CLUB LEASE ON THE NEXT
AGENDA FOR FULL CONSIDERATION AND DISCUSSION BY THE
CITY COMMISSION.
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
Id 3
September 12, 1985
- - --- - -- --
.i'.�.Y�Y..Tii iiLi L' iw.G �1�3iL Si5�:i9Y.��iYnit�il�'.LY�% ��ii ���iiiciCwl�iiiwL.i..Sr wY'�iY.+ti�L"i�,•,.,. iiYi 3ii.3Tr`iiiliLYi JiiiiS�.
5• DIRECT CITY MANAGER TO PAY CASH PRIZES TO THE TWO INDIVIDUALS WHO WON THE
INTERNATIONAL FESTIVAL DOMINOES COMPETITION.
Mr. Dawkins: I only have one pocket item. Can somebody translate? Come up,
Sergio. Mr. Mayori and fellow Commissioners, these are two of the gentlemen
who play dominoes in our International Festival. They won cash prizes) and as
of the today) they have not received any cash prizes at all.
Mayor Ferre: These are Little Havana domino players?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Dawkins: The gentlemen, Mr. Morley - Marty ... Marty has been here three
times for money and he hasn't paid these guys the first prize money. Have
them explain it to you, will you?
(NOTE FOR RECORD: Here follows short dialogue in Spanish between Mr. Cesar
Odio and unidentified domino players)
Mr. Pereira: $250 each.
Mr. Plummer: That is right, and plus interest! You haven't paid them. You
need to give them interest! What are you guys doing - come on! I will tell
you, I am going to send the matter to the Manager, and that will cost $500 to
have it processed!
Mr. Odio: That is your friend, Marty Friedman.
Mr. Plummer: You talk to Marty Friedman.
(NOTE: REFERRED TO CITY MANAGER)
6. GRANT REQUEST FOR WAIVER OF NOISE ORDINANCE FOR FIREWORKS DISPLAY WHICH
TOOK PLACE AT VILLA VIZCAYA ON SEPTEMBER 10, 1985, AS PART OF THE
SOUTHERN GOVERNORS' CONFERENCE.
Mayor Ferre: All right, Ladies and Gentlemen, the first pocket item I have is
Southern Governor's fireworks. Carol Anne, what is that all about?
Mr. Pereira: you need tyo ratify it.
Mayor Ferre: We have got to ratify what? All right, is there a motion
ratifying that we permit the Southern Governors to set off their fire
crackers?
Mr. Plummer: Absolutely not! (LAUGHTER)
Mr. Dawkins: Second.
Mayor Ferre: It has been moved and seconded. Further discussion? This makes
what they did legal. They are now illegal. The fireworks went off at 10:30
P.M. and this is am emergency waiver of ordinance 9540, which this Commission
has ratified. It has been moved and seconded. Call the roll.
14 4 September 12, 1985
n
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO, 85=866
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
RELAXATION OF TIME LIMITATAIONS ON THE DISPLAY OF
FIRE WORKS AT VILLA VIZCAYA ON SEPTEMBER 10, 1985>
IN CONNECTION WITH THE STATE DINNER HELD IN
CONJUNCTION WITH THE SOUTHERN GOVERNORS' CONFERENCE.
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
7. RATIFY ACTION BY THE CITY MANAGER IN AUTHORIZING EXPENDITURE OF
$12,000/LUNCHEON SESSION HONORING PRESIDENT OF PANAMA (SOUTHERN
GOVERNORS' CONFERENCE).
Mayor Ferre: The second thing is the ratification of the monies spent by the
City Manager on the luncheon sponsored for the President of Panama, at
Southern Governor's Conference. Moved by Dawkins, seconded by Plummer.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-867
A RESOLLUTION RATIFYING, APPROVING AND CONFIRMING THE
ALLOCATION OF $12,000.00 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO PARTLY DEFRAY THE COST
OF THE SOUTHERN GOVERNORS' CONFERENCE LUNCHEON SESSION
"FOCUS ON THE LATIN AMERICAN COMMUNITY" HELD
SEPTEMBER 9, 1985 IN THE CITY OF MIAMI.
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
<'a id 5 September 12, 1985
8. EXPRESS DEEPEST SYMPATHY TO FAMILY AND FRIENDS OF MIAMI POLICE OFFICER
MANUEL LOPEZ UPON H18 TRAGIC DEATH.
Mayor Ferre: Mr. Plummer) you may want to make the resolution about Officer.
Lopez' death.
Mr. Plummer., Mr. Mayor, of course the tragedy that all of us felt and
suffered and I would move at this particular time that this Commission go on
record expressing to the family our greatest condolences and we will keep them
in our prayers and that that motion be forwarded in the proper presentation to
the family of Officer Lopez.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-868
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE
CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF MIAMI POLICE OFFICER MANUEL LOPEZ, UPON HIS
TRAGIC DEATH.
(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
9. EXPRESS DEEPEST SYMPATHY TO FAMILY AND FRIENDS OF MARY ANN KNIGHT UPON
HER DEATH.
Mayor Ferre: A great civic activist and a fine lady, Mrs. Mary Ann Knight,
the wife of Mr. James Knight, former President of the Miami Herald, has passed
away. It is a loss to this community. She was especially helpful in a lot of
things such as children and cancer and all of these great philanthropic
things, and would someone make a motion on Mary Ann Knight's passing?
Mr. Plummer: So moved, Mr. Mayor.
Mayor Ferre: Is there a second?
Mr. Dawkins; Second,
Mayor Ferre; Further discussion? Call the roll.
Id
0
September 12, 1985
The following resolution was introduced by Commissioner Plummer, who
moved its adoption;
RESOLUTION NO, 85=869
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY
OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF
MARY ANN KNIGHT UPON HER DEATH,
(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.
NOTE FOR THE RECORD: VICE -MAYOR CAROLLO RE-ENTERED THE MEETING AT 9:37 A.M.
Although absent during roll call, Vice Mayor Carollo requested of the Clerk to
be shown voting with the motion.
10. EXPRESS DEEPEST SYMPATHY TO FAMILY AND FRIENDS OF CONCHITA CASTENEDO UPON
HER DEATH.
Mayor Ferre: Conchita Castanedo was one of the great women fighters
throughout a long history in Cuba. She was very close to a former president -
President Grau. She was one of the founders of her political party. She was
an activist in this community, much loved. Dr. Virgilio Perez was going to be
here this morning, but was unable to do so, but there is a motion of
condolences for her ..?.
Mr. Carollo: So moved.
Mayor Ferre: All right. Is there a second?
Mr. Plummer: Second, of course.
Mayor Ferre: Further discussion? Call the roll, please•
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-870
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY
OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF
CONCHITA CASTANEDO UPON HER DEATH.
(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-
ld 7 September 12, 1965
•
AYES: Commissioner Miller J, Dawkins
Commissioner J6 L, Plummer, Jr,
Vice=Mayor Joe Carollo
Mayor Maurine A, Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr,
11. RENAME STREET IN FRONT OF CITY OF MIAMI CONVENTION CENTER AS "SESAME
STREET" ON A TEMPORARY BASIS, FOR A ONE -WEEK PERIOD, TO WELCOME STAGING
OF "SESAME STREET LIVE".
Mayor Ferre: Sesame Street - Carol Anne What is Sesame Street? All right,
for the first time, Sesame Street Live will be making its new home in the
Miami Convention Center. It was previously in the Miami Beach Convention
Center. In honor of their first appearance on September 18th - 22nd, they
would like to have the street in front of the Center renamed Sesame Street for
the week of the show only. Additionally, it would be nice if the City could
provide a banner to be hung outside the center on our flag poles which would
read "The City of Miami Welcomes Sesame Street Live". Perhaps the Commission
could rename the street in a Press Conference on the 17th and 18th and they
could provide several of the characters - Big Bird - you know him? You watch
this stuff?Oh, Big Bird, oh yes. Bert and Ernie, Cookie Monster - it said it
enhanced the media event and gains good coverage. Mr. Plummer, I would like to
name you and....
Mr. Plummer: Joe would like to play Big Bird, right? ... in Sesame Street.
Mayor Ferre: And Dawkins as a committee and Carollo, to welcome Big Bird,
Bert and Ernie and the Cookie Monster to Miami.
Mr. Plummer: I will take the latter, Mr. Mayor.
Mayor Ferre: Is there a motion?
Mr. Plummer: Oh, for sure!
Mayor Ferre: That we rename for one week, and that we have a banner, and we
do everything we can to welcome Sesame Street to Miami.
Mr. Carollo: Certainly.
Mayor Ferre: Okay, moved and seconded. Further discussion on Sesame Street?
Call the roll.
The following motion waG introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-871
A MOTION GRANTING A REQUEST FOR RENAMING THE STREET IN
FRONT OF THE CONVENTION CENTER AS "SESAME STREET" FOR THE
PERIOD OF ONE WEEK (SEPT. 18TH-26TH) IN CONNECTION WITH
THE STAGING OF "SESAME STREET LIVE" AT THE CITY OF MIAMI
CONVENTION CENTER; FURTHER REQUESTING A BANNER WHICH WOULD
READ "CITY OF MIAMI WELCOMES SESAME STREET LIVE"; AND
FURTHER APPROVING A PRESS CONFERENCE ON THE 18TH AT THE
KICK OFF TIME WELCOMING SESAME STREET CHARACTERS AND THE
SHOW.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
id 8 September 12 1985
•
AYES: Commissioner J. L. Plummer, Jr.
Vice=Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: done.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
- .� ii��r�-------------i----- i- .. --i----�i�YIM --..---------- --r
12, AUTHORI?.E/DIRECT CITY MANAGER TO FUND 'THE SIXTH INTER-AMERICAN SUGAR
CANE CONFERENCE" AT LAST YEAR'S LEVEL OF FUNDING.
Mayor Ferret My last pocket item deals with the ... Dr. Fors, I would like
to recognize you, sir, and we are about to begin with the Fifth Sugar Seminar
in the State of Florida which is being held at the Knight Convention Center
and the Chair recognizes you, sir.
Dr. Alfonso L. Fors: Mr. Mayor and Commissioners, this is the Sixth Inter -
American Sugar Cane Seminar.
Mayor Ferre: Dr. Fors, we need to identify you for the record.
Dr. Fors: Alfonso L. Fors,do you want my address too? Inter -American Sugar
Cane Seminars originated as an urgency due to two major sugar cane decisions
that affected this central region of the Western Hemisphere. It was a demand
for information and there was a commission then created which ended up as the
First Inter -American Sugar Cane Seminar, in which 350 Latin American
technologists met in the City of Miami. From then on, the Inter -American
Sugar Cane Seminars have contemplated six expertises in the economical
production of sugar cane, always meeting in the City of Miami. More than
2,000 people have attended this seminar in the past five years. We have
published yearly proceedings which brings together more than 3,000 pages of
technical information in this particular subject. We have contemplated since
the First Sugar Cane Seminar, sugar cane diseases, sugar cane pests. Varieties
in breeding, agricultural chemicals, and the study of sugar cane soils. I
have brought with me one of the proceedings, our last proceedings, so you may
. .
NOTE FOR THE RECORD: COMMISSIONER PEREZ ENTERED THE MEETING AT 9:40 A.M.
Mayor Ferre: We don't need to go into the details. Is there a motion now?
Mr. Plummer: Mr. Mayor, I so move.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion?
Mr. Carollo: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Carollo: What is the exact amount that they had asked for?
Mayor Ferre; What is the amount?
Dr. Fora: $50,000,
Mayor Ferre; Well, I think the motion is for the same amount that we
contributed last year, which was how much? $30,000, I think it was $30,000.
Mr. Carollo; Has this been reviewed by the Administration?
ld 9 September 12, 1985
Mr. Pereira: We received the correspondence; I believe it was Tuesday, I was
able to look at it, Obviously it is a technical ,..
Mr. Carollo: That is all 1 need to know; Mr, Manager, Mr. Mayor, I would ask
that this item be deferred, Let me say this on the record, This has nothing
to do with this particular item6 it has to do with what 1 said many a time#
including the last time that this Commission approved the $30#000, That is in
the record that we have to put a stop to spending hundreds of thousands of
dollars in a lot of different projects like this and particularly once we have
warned the people that that was going to be the last year that we were going
to fund them.I think that, yes, once people get it started, we could take
exceptions every now and then, But once they have been going on for years and
years, I don't think they can expect the City of Miami to contribute every
year, in particular, the same amounts of money.
Mayor Ferre: Commissioner, you have a valid point, and this is a point that
is consistent with statements that you have made previously. Now, the problem
is, that this thing is about to begin this week. I think it is on the 18th.
We went through the same process last year and we need to kind of come to a
conclusion on the will of the majority of this Commission on this item. Now,
you want me to put it off until when?
Mr. Carollo: Until the next meeting, Mr. Mayor.
Mayor Ferree Until the next meeting? That is fine.
Mr. Carollo: It is not our fault that the convention might be next week.
They have known about this convention for months and months back.
Mayor Ferre: Yes, but they have written for months and months, trying to get
a resolution of this and then haven't ... it is not their fault that we
haven't given them an answer.
Mr. Carollo: Mr. Mayor, let ...
Mayor Ferre: I've got no problems! I've got no problems.
Mr. Carollo: No, I just want to say on the record - what is our policy going
to be? I thought we had taken a firm position that we were going to stop
spending money in this fashion. This is what I have understood that we have
said. Now, I know Diego Suarez is a gentlemen. He is a great businessman in
this community. He has all my respect, but at the same time, there are a heck
of a lot of other people that I've taken the same position with, and I am
going to look quite hypocritical if right now, without even sitting down and
talking to him to see if there is some really extreme exceptions, I go ahead
and vote for this, and I voted for every other thing, I guess in the past.
Mayor Ferre: The matter is therefore deferred until the meeting of the 26th.
Dr. Fors: I'd like to add some thing to this before I leave.
Mayor Ferre: Yes, sir, Dr. Fors, of course -
Dr. Fors: In the first place I would like to clarify that the contribution of
the City of Miami is approximately one-third of the actual cost of the
seminar. And on the other hand, I would like to point out that we are
contemplating in 1989 the International meeting for the sugar cane
technologists, which always brings together more than 1,500 people, like the
one celebrated in Manila and Rio de Janeiro. I believe that has some impact
in the City of Miami.
Mayor Ferre: This is a way in which the City of Miami has been seeding this
project, and taking good care of it so that it grows and that eventually, our
target has been international sugar cane grower's conventions, which would
more than compensate for the monies that we have put into it. We understand
that, but Commissioner Carollo has some valid points. He needs to sit down
with Mr. Suarez to understand the special importance of this and he needs to
have a full explanation and I think that is appropriate so we will be dealing
with this on the 26th.
14 10 September 12, 1985
Mr. Dawkins: Mr. Mayor,
Mayor Ferre: Yes, sir,
Mr, Dawkins-. My problem is different from Joe's, and I have said it before
and I am going to say it now - what is the policy? Are we going to refer
these things to the Manager for a recommendation? Or are we going to go back
to the policy where certain individuals come up here and we fund them? I too,
have voted against pet projects and referred them to the Manager because that
was our policy,
Mayor Ferre: Right.
Mr. Dawkins: Now, let's send this to the Manager for a recommendation, I have
no problem with it, but if we are just sending it to the Manager, telling the
Manager that even regardless of what you say, when you come back, we are going
to fund it, I've got a problem with that.
Mayor Ferre: No, no. Commissioner, I thought, and I thought, Mr. Manager,
that this matter had gone through the Administration. It has not? All
right, well, we will then deal with it on the 26th. Any other statements?
Dr. Fors: Thank you.
Mr. Plummer: Well, Mr. Mayor, I've got to add to this to it. The sugar cane
industry in this community, in South Florida and this community, is probably
this year having the most serious problems that they have ever had and we are
looking at the livelihood of 10,000 to 12,000 people in that industry, where
they might be going ... a great problem by the end of this month, and I just
feel that, you know ... this is just one person speaking, that the need is
greater this year, than it has ever has been in the past, so I am just
expressing that, that it is a very serious problem. I think the industry is
hurting, and hurting severely, and because of that, Mr. Mayor, I think we need
to look at, especially this year.
Mr. Dawkins: Mr. Plummer, is the money being requested to assist in providing
jobs, or is it being sought to hold a conference to find out what is wrong
with the sugar cane?
Mr. Plummer: I think it is both.
Mr. Dawkins: Okay. Well then, I don't think any member of this Commission,
and I think I speak for all of us, who is not aware, sir, of the critical
sugar cane problem. And I am sure that none of us sitting here, who does not
realize it, if we do not help you, then there will be nobody to help us ...
but, it is just that, I have no problem with it, but I just want to know what
the hell the system is. How are we going to do this? Now, I have no
problem - there is no doubt in anybody's mind, that when you come back you are
going to get it, but we have go to have a system.
Mayor Ferre: Dr. Fors, please be patient and understanding. We are following
a procedure. I think everybody here has expressed their opinion, except
Commissioner Perez. Commissioner, go ahead.
Mr. Perez: Yes, Mr. Mayor, I would like to make very clear my position.
Personally, I understand Commissioner Carollo's request and I think it is
reasonable and it is a standard procedure of this Commission when any member
... I think he deserves the opportunity to meet with the organizers, but I
would like to clarify that these people have at this time representation
from - I think it is 221 countries and more than 300 delegates is what they
told me last week and the banquet last year had the participation of the most
important prominent people in the sugar cane international level. I think
that is an asset to this community. That is a source for revenue for the area
and for jobs, and I am 100% in support of the event at a time that we have in
for discussion.
Mr. Dawkins: Mr. Mayor, I
past, passed motions - I
up, I'd like to make a
think I am going
mean, motions of
motion of intent
to try something. We have, in the
intent and have the Manager follow
that this be done if Commissioner
id 11 September 12, 1985
Carollo does not veto it, that during the week the Manager has the right to go
ahead and do it.
Mayor Ferre: So the motion is therefore amended, giving approval, based on
the Administration's review, and Commissioner Carollo's review. If either one
of them have any problems, then come back on the 26th, is that the motion?
Mr. Dawkins: Yes, Mayor.
Mr. Carollo: That is correct, If either the Manager, with his veto power, or
I, as I understand it
Mr. Plummer: Or any member of this Commission,
Mayor Ferre: That is fine.
Mr. Carollo: In the meantime, Mr. Manager, can you have for me, by Monday
afternoon, the full amount of how many dollars we have contributed to this
organization the past years.
Mayor Ferre: Okay, the motion is for $30,000, is that correct?
Mr. Dawkins: Whatever we have been giving them, Mr. Mayor.
Mr. Plummer: Mr. Mayor, I believe it was $35,000.
Mayor Ferre: $35,000?
Mr. Plummer: Yes, sir.
Mr. Carollo: No, it was $30,000 that we gave last year, correct?
Mr. Plummer: Was it $30,000? I thought it was $35,000, Joe.
Mayor Ferre: What is the motion for?
Mr. Plummer: Same as last year, do it that way.
Mayor Ferre: All right.
Mr. Perez: Look, what is the request? I think that they are requesting
$50,000, no?O
Mr. Carollo: My question is this, Mr. Mayor. Last year when we gave them
money, we placed on the record when we said, and made it clear to them that
this is going to be the last year. Is this going to be the last year, or is
this one of those things that every year just before election, you know, it
kind of gets revived again!
Mayor Ferre: Ask them, because they are the ones that are doing the
requesting.
Dr. Fors: Well, I am not the one who will spend the two-thirds of the money,
but I am sure that we are going to do it anyway, you know, because I think
this is already commited We have skipped a very important point, Mr.
Carollo, is the relationship with Latin America, you know?
Mr. Carollo: I don't argue that point, but let me say this to you. The
easiest thing for me to do is just to sit back, vote for it, throw $50,000 of
the taxpayer's money away and when I run for election again, call Mr. Suarez,
and he will contribute several thousand dollars to my campaign. I mean, I
could take the easy road out also like some of my colleagues and don't get
into any polemics with anyone here, don't argue with anyone, just vote yes,
and give hundreds of thousands of dollars of the taxpayers' money away! But,
that is not what I am trying to accomplish. What I am trying to accomplish is
to, get some fiscal responsibility back into this budget in the City of Miami,
so that we can have monies instead of spending it on things of this nature
that private enterprise should be the one that pays for it. We can spend the
money in parks and recreation; we could the spend the money on additional
zoning inspectors; we could spend the money on police and fire, which is the
Id 12 September 12, 1985
main, and practically only reason that this Commission exists as a body, for
the protection of life and property. These projects that you talked about?
They are great! They are fine projects, but private enterprise should pay for
them, not public funds. That is the point that I am trying to make, This is
the reason that in this city and other municipalities in this County are going
through some of the hardships that we are going through. We are taxing the
taxpayers to death and then on top of that, every year we are throwing
hundreds of thousands of dollars away in areas that city government has no
business getting into, it should be private enterprise and this is the point
that I am trying to make. See, when I say that I am conservative, I am
conservative across the line, not just in some things when it is convenient,
and then I take a very liberal attitude in some others, when it is convenient
for that.
Dr. Fors: Well, perhaps I am not as eloquent as you speaking. I am not a
politician, you know. I am a technologist, you know, and perhaps my ....
because I want to see the progress of technology.
Mr. Carollo: Okay, I understand it, and I ...
Dr. Fors: And also I have ... excuse me, please ... I travel to Congo last
year, and I saw some thing that really impressed me that I would like to say
here, you know?
Mayor Ferre: You traveled where?
Dr. Fors: To Congo, in Africa, and I want to say that right there I realized
that sociology mixed with technology is very important, and I saw the impact
that the Cubans were doing over there, you know? And it was very much ...
Mayor Ferre: Who was doing it?
Dr. Fors: The Cubans. It was very much ... the Cuban Commission, you know,
heath, technology commission, etc., you know.
Mayor Ferre: You are talking about Communist Cuba?
Dr. Fors: Yes, And I was very much impressed and very much, I would say,
regretted that I couldn't do something about it. I couldn't send 20 or 30
people over there to make through technology and through sociology, something
to help this country. Perhaps I do not express myself very well, but I think
you know what I am trying to say.
Mayor Ferre: I think the point of what you are trying to say is, that as a
Cuban yourself, you were upset to see Communist Cuba in the sugar ...
Mr. Dawkins: Positive - in a positive ...
Mayor Ferre: ... in the Congo, taking advantages of situations where on our
side we weren't doing as much, and that this is an opportunity..
Dr. Fors: Yes, I am sorry I had to go so far, but you know as Governor Graham
said when he went to Panama, he said that Bulgaria entertained 30 students,
paid their expenses over there and trained them in Bulgaria, you know,
technologists.
Mayor Ferre: Bulgaria?
Dr. Fora: Yes.
Mayor Ferre: I understand your point. In other words - that the Communists
are doing more than we are in Central America in giving assistance through
scholarships and we are not giving - we are giving very little, and you think
that we need to
Dr. Fors: I am sorry that I had deviate this topic. I am sorry I am taking
so much of your time, you know?
Mayor Ferre: No, no, that is all right, Dr. Fors. Thank you, and we have a
motion, which is a positive motion. I hope you understand what is being done
Id 13 Septeml er 12, 1985
here, in other words this Commission is going on record approving the same
amount as was expended last year and as I recalli it is $30j000#
Dr. Forst 1 understand Mr, Carollo's point of view. I have a .,,
Mayor Ferret Let me finish now provided, however, that any member of this
Commission has a right to veto that and by so doing' bringing it to the
Commission for reconsideration on the 26th the meeting of September 26th,
and that Mr. Suarez is to call Commissioner Carollo in particular and discuss
this matter, and that it must be approved by the Administration. Is that my
understanding of the motion?
Mr, Dawkins: Yes, Mr. Mayor.
Mayor Ferret Anybody have any disagreement .., the maker or the seconder of
the motion? Are we ready to vote on it? All right, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption;
MOTION NO. 85-872
A MOTION OF THE CITY COMMISSION GOING ON RECORD AND
APPROVING IN PRINCIPLE FUNDING OF THE "SIXTH INTER-
AMERICAN SUGAR CANE CONFERENCE", AT LAST YEAR'S LEVEL
OF FUNDING; PROVIDED, HOWEVER, AS FOLLOWS:
(a) THAT THE CITY MANAGER REVIEW AND APPROVE THIS
ISSUE, AND
(b) THAT ANY MEMBER OF THE CITY COMMISSION MAY VETO
THIS CONTRIBUTION ANY TIME DURING THIS WEEK, AND BY SO
DOING, WOULD AUTOMATICALLY BRING THIS ISSUE BACK
BEFORE THE COMMISSION FOR FURTHER CONSIDERATION.
Upon being seconded by Commissioner Plummer, 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.
ON ROLL CALL:
Mr. Carollo: I vote "yes" with the stipulation that I can bring it back on
the 26th.
Dr. Fors: I want you to know, please, before I leave that I am expressing my
own personal feelings toward the seminar. I am not talking for Mr. Suarez. I
am talking for myself.
Mr. Carollo: Well, you can express to Mr. Suarez my feelings. They are not
personal at all; on the contrary, if I would let my personal feelings
interfere with what I have to do as a public official, I would probably be all
in favor of it, but when I see what is happening to this community, that this
community as a whole, and I am talking about all the municipalities and in
particular, Dade County, is probably looking at a strong reality of going
bankrupt within five years - the County will be first. The main reason is,
Metrorail and the way funds are being thrown away. We have reached
practically, the 10-mill cap right now. There is no other way, except with
special assessments, that we can collect additional monies from the taxpayers
so what we are facing down the line, is very tragic. I don't think we have
any room to be throwing hundreds and hundreds ,of thousands of dollars into
projects that private enterprise should handle, year after year. Let me give
you an example. I have a home in Coconut Grove that I bought a year ago. It
is nothing out of this world, in fact, it is very plain. It just has a large
yard. That home, when I bought it, was assessed by Dade County for $153,000,
Id 14 September 12, 19$5
It has been now assessed to $179,000, which means; I have to pay, a yeah,
$4,500 = just in a month alone, I have to pay $375 in taxes! And then I see
some people out there, having to gall of wanting to raise $2.00 more per mill,
when they have been a main cause of the reason of why we have crime in this
community at the level that we have, because they spend all of their time
attacking police officers Now, this community is being taxed to
death, The reason you see so many homes for sale in Coconut Grove - it is riot
because most of these people don't want to live with Cubans or Blacks in the
City. The main reason is, they can't afford to live in the City any longer.
They are people that are retired. When they bought their homes, they paid very
little taxes and now, they have their homes paid up, but they can't afford to
pay that $300, $400 a month in taxes alone, so we have to cut the line
somewhere, and unfortunately, what you said before is very correct, but it
should be the responsibility of the Federal Government to protect our national
security in the way that you talk about. A little city of Miami that only has
a budget of a little $200tOOO,000, cannot spend that kind of money.
Dr. Fors: I understand that the City of Miami extends sometimes to certain
areas.
Mayor Ferre: Dr. Fors, thank you very much for your patience.
Dr. Fors: Well, I like to me ... I mean ...
Mayor Ferre: Well, you can I would recommend that you make a private
meeting with Commissioner Carollo. You can ...
Dr. Fors: I like to defend myself. All right, thank you.
Mr. Carollo: Thank you, very much.
Mayor Ferre: Thank you, sir.
13. CITY COMMISSION ENDORSES CANDIDACY OF BETTY ANDREWS LANTZ, VICE -MAYOR OF
CITY OF SOUTH MIAMI, FOR OFFICE OF SECOND VICE-PRESIDENT OF THE FLORIDA
LEAGUE OF CITIES.
Mr. Plummer: Mr. Mayor, Betty Anne Lantz, the Vice -Mayor of the City of South
Miami is being proffered for the Second Vice -President of the Florida League,
and I so move.
Mayor Ferre: Seconded by Demetrio Perez. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-873
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI ENDORSING THE CANDIDACY OF BETTY ANDREWS
LANTZ, VICE -MAYOR OF THE CITY OF SOUTH MIAMI, FLORIDA
FOR THE OFFICE OF SECOND VICE-PRESIDENT OF THE FLORIDA
LEAGUE OF CITIES.
(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 -
id 15 September 12, 1955
0
0
AYES: Commissioner Deinetrio Perez, Jr,
Commissioner Miller J, Dawkins
Commissioner J, L. Plummer, Jr,
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None,
ABSENTt None.
NOTE FOR THE RECORD: Commissioner Perez requested of the Administration to
review the area around S. W. 63Court and 2nd Street pursuant to request
from the neighbors in that area who are requesting to have sidewalks put
in and Royal Poincianas, planted the area, and to come back to the City
Commission with his recommendations.
14. PROPOSE CHANGE OF S.W. 8TH ST. INTO A TWO-LANE STREET ON A TEMPORARY
BASIS.
Mr. Perez: Mr. Mayor, we know what is the situation on S. W. 6th Street and
7th Street close to I-95 - the repairs there. Several merchants of that area
have requested that the State of Florida be given the opportunity to have two-
way traffic on S. W. 8 th Street from S. W. 8th Avenue to 27th Avenue and I
would like to make that formal request - a resolution urging the Secretary of
the State of Florida, Department of Transportation to grant the pending
request from the Florida House District - that traffic on S.W. 8th Street in
the City of Miami be approved on temporary basis to travel in both directions
between 8th and 27th Avenue, and to send this letter to the Secretary of
Transportation.
Mayor Ferre: All right, is there a second on this request? As you know, there
has been a tremendous amount of discussion recently about making Calle Ocho a
two-way street and I think it has the consensus of most of the merchants in
Little Havana. Is there any further discussion on this?
Mr. Carollo: Mr. Mayor, we all received the request that they made. I think
that the appropriate steps that we have always had to follow was it has to go
through different committees that we have for that.
Mr. Plummer: The Memorial Committee.
Mr. Carollo: Yes, the Memorial Committee.
Mayor Ferre: And it also has to go through the Administration, I think.
Mr. Carollo: So I would vote in favor of letting it go through a process that
it has to and coming back to us for a final vote.
Mayor Ferre; Does the maker of the motion accept that amendment to follow due
process, and due process is that it go to the Memorial Committee, and then
also to the Administration for a recommendation?
Mr. Perez: The only reason is that this is on temporary basis. That is only
at the time of the repairs, no? That is not for permanent basis.
Mayor Ferre: See, what he is asking is that this be temporary while they are
tearing up 7th Street, which is really a mess, and I think there is a certain
amount of emergency involved in it.
Mr. Carollo; This is not with the Calle Ocho ..,
Id 16 September 12, 1985
Mr, Plummer! it is two portions# is what I am hearing.
Mayor Ferre: I will read the resolution,
Mr. Carollo: I didn't understand it,
Mayor Ferre: "A resolution urging the Secretary of State, of Transportation,
to grant the pending request of Louis Morsel member of the Florida House# that
vehicular traffic on S, W, 8th Street in the City of Miami be permitted on a
temporary# or trial basis# to travel in both directions between 8th Street and
27th Avenue; further directing the City Clerk to forward copy of this
resolution to Secretary of State# Department of Transportation," In other
words# it is on a temporary basis.
Mr. Carollo: I would be afraid to get into that right now, Mr. Mayor. You
know, we are making a decision where no studies have been made, or anything
else. It is like for us to say now that we are going to make South Bayshore
Drive one way between Main Highway and 22nd Avenue. We don't know what effect
it might have or not have.
Mayor Ferre: Commissioner, let me tell you, my personal opinion is this. We,
and I am not saying this to knock anybody, but I don't believe in high-falutin
experts, you know, like Harvard lawyers, people like that - you get all of
these people that are ... sometimes the best way to get things done, is just
go out and do them. We've got a serious problem, you know, because the State
is tearing up 7th Street. All these merchants are basically asking for is
that you fix 7th Street to permit two-way traffic so that customers... If it
doesn't work, then we'll close it down.
Mr. Carollo: Demetrio, can we do this? Can we pass it on first reading and
then come back on second reading on the 26th when we meet again?
Mr. Perez: Sure, I think it would be better....
Mr. Carollo: I have no problems with it. I'm just afraid that if it turns
out to be a negative instead of a positive, that it's all going to come back
to us. I want to make sure that some of these merchants that you mentioned,
they come here, we get an opinion from the majority of the merchants....
Mr. Perez: I think that is important, but that is a resolution anyhow, we
don't have a second reading. I think it would be better to invite this group
to come on the 26th and the merchant community of that area... in order that
we don't have any responsibility....
Mayor Ferre: Let's do it this way. This is a motion of intent. We will vote
on it in a resolution form on the 26th and invite the merchants of Little
Havana to come here and speak at 9:00 on the 26th. Is that acceptable?
Mr. Carollo: Good, and could the Manager send out an invitation?
Mr. Pereira: We will notify them.
Mr. Carollo: On behalf of the Commission on the request of Commissioner
Perez.
Mayor Ferre: Further discussion on the motion as amended? Call the roll.
ld 17 September 12, 1985
The following motion was introduced by Commissioner Perez, who moved its
adoption!
MOTION N0. 85=874
A MOTION OF THE CITY COMMISSION DECLARING ITS INTENT
TO TAKE A FORMAL VOTE AT ITS MEETING OF SEPT. 26TH IN
CONNECTION WITH PROPOSED REQUEST TO BE MADE OF THE
DEPT. OF TRANSPORTATION TO HAVE S.W. 8TH STREET MADE
INTO A TWO-WAY STREET, ON A TEMPORARY BASIS, WHILE 7TH
STREET IS BEING TORN DOWN BY THE STATE DUE TO ONGOING
PROJECT; FURTHER REFERRING THIS REQUEST TO THE CITY OF
MIAMI MEMORIAL COMMITTEE FOR THEIR RECOMMENDATION; AND
FURTHER DIRECTING THE ADMINISTRATION TO INVITE THE
AFFECTED MERCHANTS ON S.W. 8TH TO COME BEFORE THE
COMMISSION TO DISCUSS THEIR REQUEST.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
15 BRIEF DISCUSSION ITEM: DIRECT ADMINISTRATION TO PREPARE APPROPRIATE
PLAQUE TO BE PRESENTED TO MONTY TRAINER FOR HIS OUTSTANDING CONTRIBUTION
TO THE "MISS UNIVERSE PAGEANT"
Mr. Carollo: I have two items that are not pocket items but they are things
that the administration has forgotten on the wayside. Mr. Manager, on the
meeting of July 18th of this year, we made a motion that was approved
unanimously by this Commission whereas we were asking the administration to...
well, I'll read what the motion said:
"A motion directing the City Manager to instruct the appropriate
department to prepare a special commendation on a plaque for Mr.
Monty Trainer on behalf of the City of Miami for his commendable
efforts and assistance in connection with the successful
completion of the Miss Universe Pageant; further requesting the
Manager to arrange for a dinner or luncheon at which time said
commendation will be presented."
along with honoring people such as Cesar Odio, Tony Pajares, Liz Sierra and
many others whose efforts were the ones that made the Miss Universe Pageant
a very successful pageant. Again, few people know this because the way he
usually is, but if it hadn't been for Mr. Trainer putting up $50,000 up
front with Mr. together with $100,000 personal note of guarantee and
then going to the State and single-handedly lobbying all the people up
there, we would not have gotten the half million dollars from the State. So
this is July 18th; it's two months later. I realize in August we had a
recess, but I want this done before the month is over.
Mr. Pereira; The problem is not us. We have had three dates set up. We' re
trying to work around Mr. Trainer's calendar. The latest date that he gave us
is October 2nd. I believe now he wants to change that also. It's not...you
know, we're ready to roll. It's that we're trying to work around his schedule
and he has a very busy schedule. Whenever he can kind of set fast on a date,
we'll do it.
Mr. Carollo; Can you bring the Commission up to date on the next meeting as
to what date can be worked out that would be convenient for him and all the
other people that we're going to...,
Id
18
September 12, 1985
Mrs Pereira! Right now itis October the 2nd, but again) he is vacillating on
that date.
Mr. Plummert Not Monty!
16 BRIEF DISCUSSION ITEM: SALES OF NEWSPAPERS ON CITY STREETS BY MINORS
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Mr. Carollo: The other thing that I have is that our last meeting in July we
made two motions. One had to do with the newsracks, which we'll be dealing
later on today. We instructed the administration very clearly to enforce the
law on peddlers in the streets, including those that are selling newspapers,
minors that are selling newspapers. Two months later I see that nothing has
changed. I'm seeing that apparently the administration might have some
concern in taking on the Non -group. Mr. Manager, can you tell me what the
problem is? The laws are being violated. I don't want to wait until a kid
gets run down and killed before we have to enforce the law.
Mr. Pereira: Vice Mayor Carollo, I believe that there was some sort of
misunderstanding as to the intention and we accept responsibility for it.
Right now there is a meeting going on with the Chief of Police and all the
appropriate parties in order that we can move on immediately this afternoon
and begin to enforce those regulations.
Mr. Carollo: I don't want you to immediately enforce them this afternoon,
until you give notice to the distributors of the newspapers.
Mr. Pereira: In terms of getting it going this afternoon and notifying all
the appropriate parties.
Mr. Carollo: I want to give them a deadline that is reasonable. If they
don't meet it, by then then we enforce it. Or if not, they can go to court
and try to get an injunction and until it is resolved in court.
Mayor Ferre: There was also another provision, Commissioner, you might
recall.
Mr. Carollo: Yes, there was, Mr. Mayor.
Mayor Ferre: About trying to help those children, so that....
Mr. Carollo: That is correct.
Mr. Pereira: We have a problem.
Mr. Carollo: There was a memorandum from the head of our personnel
department, which I find totally unacceptable. She insinuated that in
accordance with meeting with your staff, the way they were interpreted is that
according to the law we cannot employ these kids that are 11, 12, 13, and 14.
I find that hard to believe. I think however, that it is accurate that we
don't have any employment right now that we could hire them on, because all of
the employment that we have is full time and therefore, that would be in
violation of the law. But the instruction that this Commission gave was to
find jobs, any kind of job that we would need, on a part time, limited basis
where these kids could earn some money but not be endangering their lives.
Mr. Plummer: Joe, I've got the answer. Turn the problem over to the Non -
group.
Mr. Carollo; You mean the Non -Group Clan Mafia. It's a mixture between the
Clan, the Mafia, you know.
Mr. Plummer; Mas or menos.
Mayor Ferre; It's called the Cabal. That's the new name for it, the Cabal.
Id 19 September 12, 1985
Mr+ Plummer: The Cabal?
Mayor Ferre: Cabal, yea, look it up in the dictionary+
Mr. Plummer: K4-
Mayor Ferre: Cabal, this is the Miami Cabal. That's the new name for it.
Mr. Plummer: Spell it so that I can look it up.
Mayor Ferre: Spell it? I don't know how to spell.
Mr. Pereira: What is Cabal?
Mr, Plummert Is that with a "C" or "K"?
Mr. Pereira: With a "C".
Mr. Plummer: I'm told it's C-A-B-A-L.
Mayor Ferret Cabal, it means a secret society, Cabal, you know, clandestine,
3 they meet in the dark.
Mr. Carollo: Isn't that sort of like an anarchist who wants to overthrow a
government legally elected?
Mayor Ferret Cabal, they meet in the dark. Are we ready to move along?
17 APPROVAL OF CITY COMMISSION MINUTES
Mayor Ferre: We're now on item number "A", which is the approval of the
Commission meetings of June 13th, Planning and Zoning Meeting of May 23rd and
June 20th and October 19th and July 9th. Is there a motion?
Mr. Plummer: So move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
THEREUPON MOTION DULY MADE AND SECONDED THE MINUTES OF THE REGULAR
MEETING OF NNE 13, 1985, THE PLANNING AND ZONING MEETINGS OF MAY
23 AND AND JUNE 20, 1985, AND THE SPECIAL MEETINGS OF OCTOBER 19,
1984 AND JULY 9, 1985 WERE APPROVED UNANIMOUSLY.
18 RESCHEDULE REGULAR CITY COMMISSION MEETINGS OF NOV. 28 TO NOW TAKE PLACE
ON NOV. 26, 1985
Mr. Carollo: One additional thing, Mr. Mayor, the meeting of November 14th, I
need that changed to the last week of November because....
Mayor Ferre: We have Thanksgiving then.
Mr. Carollo; Yes, but Thanksgiving will be over by the 25th, Mr. Mayor.
Mayor Ferre; No, it's the 26th, 27th, 28th.
Mr. Plummer; So, hold it on the 26th.
Mr, Carollo; That's right, you're correct on that.
al 20 September 12, 1985
x,
Mayor Perre: What day do you want to hold it on?
Mr. Carollo: We could have it before Thanksgiving, from the 25th through the
- �7
Mayor Ferre: Choose a day.
Mr. Carollot The problem that I have is that you all insisted that I had to
represent the City of Miami in home during that week,
Mr. Plummer: Instead of turkey you are going to eat pasta.
Mr. Carollo: I don't want to cancel out on the Pope.
Mayor Ferre: The Pope would be very upset if you did that, Commissioner.
Mr. Plummer: Send me a telegram.
Mayor Ferret Are we ready to change the date? What is the date you
recommend?
Mr. Carollo: I recommend the 26th to make sure I get back by that time.
Mayor Ferre: You think the Pope will let you out by then.
Mr. Plummer: Not if he goes to confession.
Mr. Carollo: I'll put in a word for you guys.
Mayor Ferre: There is a motion by Commissioner Carollo; seconded by Plummer
that the meeting of November 14th....
Mr. Plummer: Wait a minute. When is the second meeting of that month?
Mr. Carollo: I don't see any.
Mr. Pereira: Can't be the 28th. That's Thanksgiving.
Mayor Ferre: Why is the 11th marked in blue? That's the election date; is
that it?
Mr. Plummer: No, that's the 5th.
Mayor Ferre: The 11th is Veterans Day, which is a legal holiday. The 12th is
election day.
Mr. Carollo: For the record, between the 9th and whatever date you hold the
meeting in the last week of....
Mayor Ferre: I tell you what, Commissioner. I think what we need to do is
this Commission will need to ratify the election, so we need to have a meeting
on the 14th one way or the other to ratify the election.
Mr. Carollo: We could ratify it afterwards.
Mr. Plummer: We would do it after Joe gets the blessings of the Pope.
Mayor Ferre: That gets to be very... we've never done that. We always need
to ratify the election. I would leave the 14th meeting for the ratification
of the results of the election one way or the other.
Mr. Carollo: The election will be the 12th, right?
Mr. Plummer: No.
Mayor Ferre: Yes, sir, leave the 14th as is,,,.
Mr. Plummer: Are there going to be run-offs? I didn't know there were going
to be run-offs this year,
sl 21 September 12, 1985
Mayor Ferret Then the motion reads that the second meeting of November be
held on the 25th. Is that the day you chose?
Mr. Carollot 26th,
Mayor Ferret Mr. Manager# the only things to be put on the agenda of the 14th
will be the ratification of the election and whatever non=controversial#
house -keeping types of things of no major import.
Mr. Carollot If that could be made clear to any possible new person that
might come to this Commission, I don't want anything of importance to pass me
while I'm away.
Mayor Ferret Is there any further discussion on that motion? Call the roll:
The following resolution was introduced by Commissioner Carollo, who
moved its adoptions
RESOLUTION NO. 85-875
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION
MEETING OF NOVEMBER 28, 1985, TO TAKE PLACE ON
NOVEMBER 26, 1985 AT 9:00 A.M.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
19 SET DATE FOR DEDICATIONN OF JOSE MARTI MUNICIPAL LOTS NOS. 28 AND 29
Mayor Ferre: We're now on item "B" which is the dedication of the Jose Marti
Municipal Lot 28 and 29. What day you want to do that? These are the parking
lots. Can we do it in the October 10th lunch break?
Mr. Plummer: I think it would be better in November. October will be fine.
Mayor Ferre: October 10th?
Mr. Plummer: That's fine.
Mayor Ferre: Do you have any problems with that, Roger?
Mr. Roger Carlton: We're trying to do it in conjunction with the festival
there.
Mayor Ferret Oh, that's right, the festival is October the 10th.
Mr. Carlton; Same day, that's why we're trying to do it then.
Mayor Ferre; O.K., so you need a motion on it?
Mr. Plummer; Second.
Mayor Ferre; Motion by Perez.
$1 22 September 12, 1985
Mr, Carollot By the way, did you take care of the little problem with our
Miami Hurricanes on the car?
Mr. Carlton,. Please define "take care." We did remove the vehicle. We did
bring the vehicle back.
Mr. Carollo! I just wanted to make sure there was no biased involvement in
there from a Gator alumni.
Mr. Carlton! I was at lunch during the occurrence so I had nothing to do with
it.
Mr. Plummer% There are some people telling me you've been at lunch for a long
time.
Mayor Ferre: I vote yes.
Mrs. Hirai: We haven't called the roll.
Mayor Ferre: I'm sorry. Call the roll.
Mr. Plummer! What's the motion?
The following motion was introduced by Commissioner Perez, who moved its
adoption:
MOTION NO. 85-876
A MOTION SETTING THE DATE OF OCTOBER 10, 1985 AS THE
DEDICATION DATE FOR JOSE MARTI PARK MUNICIPAL LOTS
NUMBERS 28 AND 29.
Upon being seconded by Commissioner Plummer, 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.
20 SCHEDULE DEDICATION CEREMONIES FOR MOORE PARK
Mayor Ferre: Now we're on item number "C" Moore Park, October 24th.
Mr. Carl Kern: If possible, could we do that on a Saturday? We'd like to
plan a large event. The kids are back in school... if possible make it....
Mayor Ferre; The Saturday closest to the 24th is the 26th. How's that? Is
that too close?
Mr. Plummer: The 25th of October?
Mayor Ferre; Would you rather do it on the second in November?
Mr. Plummer; That would be fine. I'd rather do it in November.
Mayor Ferre; Does that give you enough time?
Mr. Kern; Oh, yes, sir.
Mayor Ferre; Is there any problem with the second of November, Saturday in
the morning, I assume,
al 23 5ePtember 12, 1905
Mra Kern: Yes.
Mayor Ferre; Plummer moves; Perez seconds that the inauguration of Moore Park
be the 2nd of November, Saturday, in the morning. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption;
MOTION NO. 85-877
A MOTION SCHEDULING THE DEDICATION CEREMONIES OF MOORE
PARK FOR SATURDAY, NOVEMBER 2, 1985 IN THE MORNING.
Upon being seconded by Commissioner Perez, the notion 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.
21 EXECUTE AGREEMENT WITH NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC.
("MAN IN WASHINGTON PROGRAM").
Mayor Ferre: Mr. Manager, the Chair recognizes you on item "D", Legislative
Consultant Contracts.
Mr. Pereira: I can't... there is something wrong.
Mayor Ferre: Do you want to add anything to the memorandum?
Mr. Pereira: No, sir, I think the memorandum is pretty explicit and my
recommendation is included in there.
Mr. Plummer: So move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
Mr. Carollo: Is this on "D"?
Mayor Ferre: "D" yes as in the memorandum explained.
going to be making again?
Mr. Dawkins: That's not Sisser.
Mayor Ferre: Sure he is.
Mr. Carollo: He's got to be there, sure.
Mr. Dawkins: Hold it, I withdraw my motion.
Mayor Ferre: Sylvester Lukis.
How much is Mr. Sisser
Mr. Pereira; Mark is coming up in the back. You want to move that now to do.
Mr. Plummer: Which number?
Mayor Ferre; No, no, you got Cramer, Haber a Lukis and....
>
al 24 September 12, 1985
1i
Mr. Pereira: 46,
Mr, Plummer: Mr. Mayori 46 addresses Mark Israel,
Mayor Ferret The second one is Mark Israel.
Mr, Plummer: Item 46.
Mr. Pereira: item 46,
Mayor Ferret The third one is Rick Sisser. The next one is Marilyn Reed,
The last..► there is Athalie Range.
Mr. Dawkins: What is the dollar value here?
Mr. Carollo: Anybody else has some to put in there?
Mayor Ferre: Arthur Teele.
Mr. Dawkins: What is the dollar value, Mr. Manager?
Mr. Pereira: Do you mean in terms of the total package? I have to add it up.
Give me a couple of minutes.
Mr. Plummer: His machine doesn't go that high.
Mr. Dawkins: Defer it and bring it back to me as individual packages next
time so I know what each individual makes.
Mr. Pereira: It is an individual package.
Mr. Plummer: Sisser is $42,000; Mark Israel is $20,000; I don't have Athalie
and Marilyn Reed.
Mr. Pereira: Back page.
Mr. Dawkins: $1,191, must be expense account.
we could just pay her $1,000.
Mayor Ferre: Who's that?
Mr. Dawkins: Athalie.
Mayor Ferre: Look at the right all the way down.
There is no way in the world
Mr. Dawkins: Twenty nine.
Mr. Plummer: This has to be a mistake.
Mr. Pereira: Twenty nine, we pay twenty and the balance has to be a mistake
here, a typo. That's got to be a typo. The contract amount is for $29,000.
Obviously we have disbursed at this point $20,000.
Mr. Dawkins: That twenty nine is now one thousand.
Mr. Pereira: It's twenty-nine thousand total contract.
Mr. Dawkins: Twenty nine thousand, period; no change, no nothing.
INAI','DIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: What do you want to do, Miller?
Mr. Dawkins: Nothing I can do. Mr. Manager already got it drawn up and what
have you.
Mr. Carollo: He's going to bring it back or... the problem that I have is
what if they're new people in November that want to....
Mayor Terre; What?
eI 25 September 12, 1985
Mr. Dawkins,. Joe said what happens is three people come here, one in my
place and two more in somebody else's place# and they don't agree with this?
Mayor Ferret They can reverse it. This Commission is always entitled to
reverse anything.
Mr. Plummer: Well# he makes a good point, is there a provision, Mr. Manager#
in there of a 30-day termination?
Mr. Pereira: All of our contracts have a provision of a 30-day termination,
Mr. Carollo: Not all of our contracts, Mr. Manager.
Mr. Pereira: Well, all of them have a termination provision. Do you want to
deal with mine?
Mayor Ferre: He doesn't have a contract.
Mr. Plummer: I tell you there is an exclusion in there for people with cigars
but they don't start smoking.
Mr. Pereira: Give me some.
Mayor Ferret What's the will of this Commission?
Mr. Plummer: I'll move it, Mr. Mayor.
Mayor Ferre: Is there a second?
Mr. Carollo: Miller seconded it.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll on item "D"
as in the memorandum.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-878
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE NATIONAL CENTER FOR MUNICIPAL
DEVELOPMENT INC. TO CONTINUE REPRESENTATION OF THE
CITY OF MIAMI IN WASHINGTON D.C. BY MR. MARK ISRAEL,
AS PART OF THE MAN IN WASHINGTON PROGRAM; FURTHER
AUTHORIZING THE PAYMENT OF $20,000 AS A FEE FOR SAID
SERVICES, PAYABLE IN 12 EQUAL MONTHLY INSTALLMENTS;
FURTHER AUTHORIZING AN ADDITIONAL SUM NOT TO EXCEED
$4,000 FOR REIMBURSEMENT OF OUT-OF-POCKET
DISBURSEMENTS; WITH FUNDS THEREFOR ALLOCATED FROM
SPECIAL PROGRAMS AND ACCOUNTS, SPECIAL SERVICES,
LIAISON, MAN IN WASHINGTON PROGRAM.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT; None,
01 26 September 12, 1985
i&a i"" Lti" 3" iw.L9.a a."3i. " i:Si"3 a6:C .'P'Si313YiiiiTi"G.Y��iii
22 CONSENT AGENDA
Mayor Ferre: The next item before this Commission is the Consent Agenda.
Does anybody have anything on the Consent Agenda that they want to pull? The
Consent Agenda, let's go fellows.
Mr. Carollo; I have one item item here that I have a problem with.
Mayor Ferre: What item do you want to pull? All I'm asking is what you want
to pull and then we can discuss them.
Mr. Pereira: 28 has to be withdrawn, Mr. Mayor.
Mayor Ferre: Tell me again.
i-
Mr. Pereira: 28 must be withdrawn.
Mayor Ferre: 28 has been withdrawn.
AT THIS POINT THIS ITEM IS TEMPORARILY DEFERRED AND A COMMENT IS
MADE PERTAINING TO PREVIOUS ITEM (Label 21, R-85-878)
Mr. Plummer: We did include in that package, Madam Clerk, that of the package
of the lobbyist, the legislative committee, that included item 46. What we
did was in total.
Mrs. Hirai: Yes, it was 46 in fact.
AT THIS POINT THE DISCUSSION GOES BACK TO THE CONSENT AGENDA
(Label 22)
Mr. Carollo: Item 16, I want to pull out.
Mayor Ferre: Pull out item 16. Anything else? Any other items between
item... the Consent is from item 2 to 33.
Mr. Dawkins: Pull 21, pull 5.
Mayor Ferre: 21 and 5, what else?
Mr. Perez: I would like, Mr. Mayor, to know from the administration why we
don't have any minority firms on item 16, 17, all the items from 16 to 27; we
don't have any minority firms in any.
Mayor Ferre: Mr. Manager.
Mr. Pereira: Mr. Mayor, we have, as you know, we're working and we'll be
coming back to this Commission on the 26th with a very strong recommendation
for a minority participation ordinance for your consideration. I have to tell
you very honestly that the present system that we have really, even though it
has a lot of good intentions, they have really no legislative back-up in order
to let us do the kinds of things that can be done in this package. We're
subject to put items out in bids and the lowest bidder, whomever it is and we
must agree to the most responsive and lowest bidder. We tried out best to try
to get minority firms to get into and bid. Obviously we have not been that
successful, but hopefully on the 26th when we come up with this package, there
will be a very clear and definite way where we will get minorities involved in
all of these issues.
Mr. Dan Harris: Mr, Mayor, I'd like to speak to item 24 at some point.
Mayor Ferre; I tell you what, Out of courtesy to you, I'll pull item 24
until we have an opportunity to discuss it. Any other items to be -pulled at
this time? Let me re -read then the items pulled; 5, 160 21, and 24. Are
there any other items to be pulled? Any other items? Does anybody want to
spear to the items that have not been pulled? Seeing none and hearing none,
is there a motion on the Consent Agenda?
sl 27 September 12, 1985
Mr. Carollo: So move.
Mayor Ferre: Except for items 51 161 21, and 24•
Mr. Dawkins: So mover
Mayor Ferre: It's been moved and seconded. Further discussion? Call the
roll on the Consent Agenda.
THEREUPON, THE FOLLOWING RESOLUTIONS WERE INTRODUCED BY VICE MAYOR
CAROLLO AND SECONDED BY COMMISSIONER DAWKINS AND WERE ADOPTED BY THE FOLLOWING
VOTES
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.
22.1 EXTENSION OF EMPLOYMENT FOR VIRGINIA LIEBERMAN.
RESOLUTION NO. 85-879
A RESOLUTION APPROVING A TWO YEAR EXTENSION OF EMPLOYMENT PAST THE
AGE OF 78 FOR VIRGINIA LIEBERMAN, TYPIST CLERK II, DEPARTMENT OF
POLICE, EFFECTIVE JULY 29, 1985 THROUGH JULY 28, 1987, WITH THE
PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, VIRGINIA
LIEBERMAN'S PHYSICAL CONDITION SHALL BE RE-EVALUATED TO DETERMINE
IF HER CONDITION IS SATISFACTORY FOR CONTINUED EMPLOYMENT.
22.2 EXTENSION OF EMPLOYMENT FOR RUBEN GONZALEZ
RESOLUTION NO. 85-880
A RESOLUTION APPROVING A TWO YEAR EXTENSION OF EMPLOYMENT PAST THE
AGE OF 70 FOR RUBEN GONZALEZ, MAIL CLERK, DEPARTMENT OF HUMAN
RESOURCES, EFFECTIVE SEPTEMBER 10, 1984 THROUGH SEPTEMBER 9, 1986,
WITH THE PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF,
RUBEN GONZALEZ' PHYSICAL CONDITION SHALL BE RE-EVALUATED TO
DETERMINE IF HIS CONDITION IS SATISFACTORY FOR CONTINUED
EMPLOYMENT.
22.3 SETTLEMENT: MERCEDES RODRIGUEZ $12,000
RESOLUTION NO. 85-881
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
MERCEDES RODRIGUEZ THE SUM OF TWELVE THOUSAND DOLLARS ($12,000)
WITHOUT THE ADMISSION OF LIABILITY IN FULL AND COMPLETE SETTLEMENT
OF ALL BODILY INJURY, PERSONAL INJURY, PROTECTION LIENS, CLAIMS,
DEMANDS AGAINST THE CITY OF MIAMI AND UPON THE EXECUTION OF A
RELEASE RELEASING THE CITY FROM ALL CLAIMS AND COUNTERCLAIMS AND
DEMANDS.
22.4 QUIT -CLAIM DEED TO JONATHON N. BROOKS, N.W. CORNER OF LOT 14 OF
FEATHERSTONE RIDGE SUBDIVISION
RESOLUTION NO. 85-882
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS TO EXECUTE A QUIT-
CLAIM DEED TO JONATHON N. BROOKS FOR A PORTION OF THE EXTERNAL
AREA OF A CURVE AT THE NORTHWEST CORNER OF LOT 14 OF FEATHERSTONE
RIDGE SUBDIVISION (11-53).
01 28 September 12, 1985
22.5 22 DEEDS OF DEDICATION FOR HIGHWAY
RESOLUTION N0. 85-883
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI
TO ACCEPT TWENTY-TWO (22) DEEDS OF .DEDICATION FOR HIGHWAY PURPOSES
AND APPROVING THE RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF
DADE COUNTYf FLORIDA.
22.6 ORDERING WYNDWOOD HIGHWAY IMPROVEMENT H-4514
RESOLUTION NO. 85-884
A RESOLUTION ORDERING WYNDWOOD HIGHWAY IMPROVEMENT H-4514 AND
DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL
BE MADE FOR A PORTION OF THE COST THEREOF AS WYNDWOOD HIGHWAY
IMPROVEMENT DISTRICT H-4514.
22.7 ACCEPTING COMPLETED WORK OF MELWEB SIGNS, INC. FOR COMMERCIAL
DISTRICTS - SIGNS
RESOLUTION NO. 85-885
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MELWEB SIGNS, INC. AT
A TOTAL COST OF $71,630.00 FOR COMMERCIAL DISTRICTS - SIGNS AND
AUTHORIZING A FINAL PAYMENT OF $7,163.00
22.8 ACCEPTING COMPLETED WORK OF SCKEMA, INC. FOR COCONUT GROVE
EXHIBITION CENTER - RESTROOM FACILITIES
RESOLUTION NO. 85-886
A RESOLUTION ACCEPTING THE COMPLETED WORK OF SCKEMA, INC. AT A
TOTAL COST OF $68,232.42 FOR COCONUT GROVE EXHIBITION CENTER -
RESTROOM FACILITIES AND AUTHORIZING A FINAL PAYMENT OF $7,134.05
22.9 KOUBEK SANITARY SEWER IMPROVEMENT DISTRICT SR-5477-C (CENTERLINE
SEWER)
RESOLUTION NO. 85-887
A RESOLUTION AMENDING THE ASSESSMENT ROLL FOR CONSTRUCTION OF
KOUBEK SANITARY SEWER IMPROVEMENT IN KOUBEK SANITARY SEWER
IMPROVEMENT DISTRICT SR-5477-0 (CENTERLINE SEWER) BY CORRECTING
THE LEGAL DESCRIPTION OF A CERTAIN PARCEL OF LAND AS DESCRIBED IN
SAID ASSESSMENT ROLL
22.10 WEST TRAILVIEW HIGHWAY IMPROVEMENT DISTRICT H-4447
RESOLUTION NO. 85-888
A RESOLUTION AMENDING THE ASSESSMENT ROLL FOR CONSTRUCTION OF WEST
TRAILVIEW HIGHWAY IMPROVEMENT IN WEST TRAILVIEW HIGHWAY
IMPROVEMENT DISTRICT H-4447 BY CORRECTING THE LEGAL DESCRIPTION OF
A CERTAIN PARCEL OF LAND AS DESCRIBED IN SAID ASSESSMENT ROLL
e1 29 September 120 1985
22,11 PURCHASE OF ONE KUT=KWICK MODEL HT16=60 MOWER
1
RESOLUTION NO, 85-889
A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) KUT=KWICK MODE1.
HT16=60 MOWER FROM THE KUT=KWICK CORPORATION UNDER AN EXISTING
STATE OF FLORIDA CONTRACT FOR THE OFFICE OF STADIUMS AT A TOTAL
PROPOSED COST OF $5o850.00; ALLOCATING FUNDS THREFOR FROM THE
y 1984-85 OPERATING BUDGET, AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT•
22.12 PURCHASE ONE DICTAPHONE THIRTY CHANNEL TRANSPORT LOGGER, TWO DUAL
DECK ACTIVITY MONITORS, TWO PRINTERS FROM DICTAPHONE CORP., A
PITNEY BOWES CO.
RESOLUTION NO. 85-890
A RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DICTAPHONE THIRTY
CHANNEL TRANSPORT LOGGER, TWO (2) PRINTERS PLUS INSTALLATION FROM
THE DICTAPHONE CORPORATION, A PITNEY BOWES COMPANY, UNDER AN
EXISTING STATE OF FLORIDA CONTRACT FOR THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF
$31,705.75; ALLOCATING FUNDS THEREFOR FROM THE FIRE BONDS PROJECT;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
22.13 FORMAL COMPETITIVE BIDS COULD NOT BE MET — APPROVING EMERGENCY
PURCHASE OF INPUT TRANSFORMER FOR UNINTERRUPTED POWER SUPPLY
SYSTEM
RESOLUTION NO. 85-891
A RESOLUTION RATIFYING AND CONFIRMING THE EMERGENCY FINDING OF THE
CITY MANAGER BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION THAT THE REQUIREMENTS FOR FORMAL COMPETITIVE
SEALED BIDS COULD NOT BE MET DUE TO A POWER BLACKOUT EXPOSURE;
FURTHER APPROVING THE EMERGENCY PURCHASE OF AN INPUT TRANSFORMER
FOR THE U.P.S (UNINTERRUPTED POWER SUPPLY) SYSTEM AT A COST OF
$7,144.64; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE 1984-85 BUDGET.
22.14 ACCEPTING BID OF E.V.F., INC. FOR 3 NEW RESCUE AMBULANCES WITH
OPTION TO BUY FOURTH
RESOLUTION NO. 85-892
A RESOLUTION ACCEPTING THE BID OF E.V.F., INC. FOR FURNISHING
THREE (3) NEW RESCUE AMBULANCES COMPLETE WITH EQUIPMENT, AND AN
OPTION TO PURCHASE A FOURTH NEW RESCUE AMBULANCE COMPLETE WITH
EQUIPMENT FOR THE DEPARTMENT OF FIRE RESCUE AND INSPECTION
SERVICES AT A TOTAL ESTIMATED COST OF $372,420.00; ALLOCATING
FUNDS THEREFOR FROM THE 1981 FIRE BOND PROJECTS; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
22.15 ACCEPTING BID OF XEROX CORP. FOR LEASE OF ONE ELECTRONIC COPIER
FOR FIVE YEARS
sl 30 September 12, 1985
A RESOLUTION ACCEPTING THE BID OF XEROX CORPORATION FOR THE
LEASING OF ONE (1) ELECTRONIC COPIER ON A CONTRACT BASIS FOR FIVE
m,
(5) YEARS TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE -
PRINT SHOP DIVISION AT A TOTAL ESTIMATED ANNUAL COST OF
$48#681,12; ALLOCATING FUNDS FOR THE FIRST YEAR FROM THE 1985=86
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE,
22.16 ACCEPTING BID OF JOHN W. BARON ROOFING FOR FIRE STATION #10
RESOLUTION NO. 85-894
A RESOLUTION ACCEPTING THE BID OF JOHN W. BARON ROOFING FOR
FURNISHING ALL LABOR AND MATERIALS FOR RE -ROOFING OF FIRE STATION
#10 TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A
TOTAL COST OF $14,500.00; ALLOCATING FUNDS THEREFOR FROM THE 1984-
85 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THIS SERVICE AND MATERIALS.
22.17 ACCEPTING BID OF NATIONAL DRAEGER, INC. FOR BREATHING APPARATUS
AND MISC. PARTS
RESOLUTION NO. 85-895
A RESOLUTION ACCEPTING THE BID OF NATIONAL DRAEGER, INC. FOR
FURNISHING SELF CONTAINED BREATHING APPARATUS PACKAGES AND
MISCELLANEOUS PARTS TO THE DEPARTMENT OF FIRE RESCUE AND
INSPECTION SERVICES ON A CONTRACT BASIS FOR TWO (2) YEARS WITH AN
INITIAL PURCHASE OF 200 UNITS AT A TOTAL BID PRICE OF $250,847.82
MINUS A TRADE-IN ALLOWANCE OF $7,800.00 FOR A NET COST OF
$243,074.82; WITH UNIT PRICES REMAINING UNCHANGED FOR THE FIRST
YEAR AND A MAXIMUM PRICE INCREASE OF 4.5% DURING THE SECOND YEAR;
ALLOCATING FUNDS THEREFOR FROM THE 1981 FIRE BOND PROJECTS;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF
1 'ti
"'. PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
22.18 ACCEPTING BID OF BRUNING CO. FOR BLUEPRINT REPRODUCTION PAPER
SUPPLIES
RESOLUTION NO. 85-896
A RESOLUTION ACCEPTING THE BID OF BRUNING COMPANY FOR FURNISHING
BLUEPRINT REPRODUCTION PAPER SUPPLIES; ON A CONTRACT BASIS FOR ONE
YEAR, RENEWABLE ANNUALLY TO THE DEPARTMENT OF PUBLIC WORKS AT A
TOTAL PROPOSED FIRST YEAR COST OF $7,500.00 ALLOCATING FUNDS
THEREFOR FROM THE 1985-86 OPERATING BUDGET; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THESE MATERIALS.
22.19 ACCEPTING BID OF UNIVERSAL COMMUNICATIONS SYSTEMS, INC. FOR
TELEPHONE SYSTEM AT ORANGE BOWL
RESOLUTION NO. 85-897
A RESOLUTION ACCEPTING THE BID OF UNIVERSAL COMMUNICATION SYSTEMS,
INC. FOR FURNISHING A NEW TELEPHONE SYSTEM AT THE ORANGE BOWL, TO
THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL
COST OF $48,098.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86
ORANGE BOWL OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
eI 31 September 12, 1985
22.20 ACCEPTING THE BID OF GREATER MIAMI CATERERS FOR FOUR CITY DAY CARE
CENTERS AND FIVE PRE=SCHOOLS
RESOLUTION N0. 85-898
A RESOLUTION ACCEPTING THE BID OF GREATER MIAMI CATERERS FOR
FURNISHING MEALS FOR FOUR (4) CITY DAY CARE CENTERS AND FIVE (5)
PRE-SCHOOLS FOR THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL
PROPOSED AMOUNT OF $73081.00; ALLOCATING FUNDS THEREFOR FROM THE
A GRANT FROM THE U.S. DEPARTMENT OF AGRICULTURE TO THE FLORIDA
STATE DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
22.21 ACCEPTING BID OF RIC-MAN INTERNATIONAL, INC. FOR EDGEWATER HIGHWAY
IMPROVEMENT
RESOLUTION NO. 85-899
A RESOLUTION ACCEPTING THE BID OF RIC-MAN INTERNATIONAL, INC. IN
THE PROPOSED AMOUNT OF $1,940,473.00, BASE BID OF THE PROPOSAL,
FOR EDGEWATER HIGHWAY IMPROVEMENT IN EDGEWATER HIGHWAY IMPROVEMENT
DISTRICT WITH MONIES THEREFOR ALLOCATED FROM THE "EDGEWATER STREET
IMPROVEMENTS - PHASE I" IN THE AMOUNT OF $1,940,473.00 TO COVER
THE CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
22.22 ACCEPTING BID OF M. VILA & ASSOC., INC. FOR FIRE, RESCUE &
INSPECTION SERVICES
RESOLUTION NO. 85-900
A RESOLUTION ACCEPTING THE BID OF M. VILA & ASSOCIATES, INC. IN
THE PROPOSED AMOUNT OF $10,090.00 BASE BID OF THE PROPOSAL FOR
FIRE, RESCUE & INSPECTION SERVICES - STORAGE MEZZANINE WITH MONIES
THEREFOR ALLOCATED FROM THE "EXPANSION OF FIRE ALARM OFFICE"
ACCOUNT IN THE AMOUNT OFF $10,090.00 TO COVER THE CONTRACT COST;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID
FIRM.
22.2,-C CLOSURE OF STREETS FOR "FAMILY BICYCLING DAY" ON SEPT. 29, 1985
RESOLUTION NO. 85-901
A RESOLUTION CONCERNING THE DADE COUNTY BICYCLE COALITION'S
"FAMILY BICYCLING DAY" WHICH IS TO TAKE PLACE SEPTEMBER 29, 1985,
CLOSING CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC DURING
SPECIFIED 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.
22.25— ACCEPTING CERTIFICATION OF RESULTS OF SPECIAL ELECTION HELD AUGUST
13, 1985 FOR CHARTER AMENDMENT NO. 1
RESOLUTION NO. 85-902
A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD AUGUST 13, 19985 IN WHICH CHARTER
AMENDMENT NO. 1 PROVIDING FOR THE CREATION OF AN EXECUTIVE MAYOR
FORD OF GOVERNMENT FOR THE CITY OF MIAMI; DEFINING QUALIFICATIONS,
FUNCTIONS AND COMPENSATION OF THE MAYOR, COMMISSION, CHAIRMAN OF
THE COMMISSION, DIRECTOR OF ADMINISTRATION, DIRECTOR OF FINANCE
AND BUDGET, AND CITY ATTORNEY; ESTABLISHING TERMS OF OFFICE AND
ELECTION DATES FOR FIVE COMMISSIONERS AND THE MAYOR; DEFINING THE
CLASSIFIED AND UNCLASSIFIED CIVIL SERVICE; AND SETTING TERMS AND
CONDITIONS OF OFFICE FOR THE CI`!'Y ATTORNEY AND CITY CLERK WAS
DISAPPROVED BY THE ELECTORATE.
a3 32 September 12, 1985
22,26' ACCEPTING CERTIFICATION OF RESULTS OF SPECIAL ELECTION HELD AUGUST
13, 1985 FOR CHARTER AMENDMENT 906 2
RESOLUTION N06 85-903
A RESOLUTION OFFICIALLY ACCEPTING, THE ATTACHED CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD AUGUST 13, 1985 IN WHICH CHARTER AMENDMENT
NO. 2 PROVIDING FOR THE; HOLDING OF PARTISAN ELECTIONS FOR THE
OFFICE OF MAYOR IF THE PROPOSED EXECUTIVE MAYOR CHARTER AMENDMENT
KNOWN AS CHARTER AMENDMENT NO. 1, SCHEDULED FOR REFERENDUM ON
AUGUST 13, 1985 BECOMES EFFECTIVE, SAID PARTISAN ELECTIONS TO
COMMENCE NOVEMBER 5, 1985; SETTING FORTH PROCEDURES FOR NOMINATION
OF CANDIDATES; PROVIDING FOR A FIRST AND SECOND PRIMARY NOMINATION
ELECTION; PROVIDING FOR THE NAMES OF QUALIFIED INDEPENDENT
CANDIDATES TO BE PLACED ON THE BALLOT AT THE REGULAR ELECTION WAS
DISAPPROVED BY THE ELECTORATE.
22.27 ACCEPTING CERTIFICATION OF SPECIAL ELECTION HELD AUGUST 13, 1985
FOR $7M BAYFRONT PARK REDEVELOPMENT BONDS
RESOLUTION NO. 85-904
A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD AUGUST 13, 1985 IN WHICH THE ISSUANCE OF
$7,000,000 GENERAL OBLIGATION BONDS OF THE CITY OF MIAMI, FLORIDA,
FOR THE BAYFRONT PARK REDEVELOPMENT PROJECT WAS DISAPPROVED BY THE
ELECTORATE.
22.28` ACCEPTING CERTIFICATION OF SPECIAL ELECTION HELD AUGUST 13, 1985
FOR EXTENSION OF TWO LEASES RELATED TO MONTY TRAINER'S PROPERTY
RESOLUTION NO. 85-905
A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD AUGUST 13, 1985 IN WHICH THE EXTENSION,
COMBINATION AND MODIFICATION OF TWO EXISTING LEASE AGREEMENTS
RELATED TO THE OPERATION OF MONTY TRAINER'S RESTAURANT, MARINA,
AND BOATSHED FACILITY LOCATED ON CITY -OWNED WATERFRONT PROPERTY IN
THE COCONUT GROVE AREA OF THE CITY OF MIAMI, FLORIDA, WAS APPROVED
BY THE ELECTORATE.
23 (A) REQUEST MANAGER ENTIRE HISTORY/BACKGROUND DATA OF CERTAIN AREA IN
VIRGINIA KEY.
(B) QUIT -CLAIM TO MIAMI-DADE WATER & SEWER AUTHORITY CITY'S INTEREST IN
WATER MAINS SERVICING AN AREA OF VIRGINIA KEY.
Mayor Ferre: Take up item 5.
Mr. Dawkins: Mr. Manager, have someone explain to me why this is necessary.
Mr. Pereira: Don Cather.
Mr. Dawkins; Why we have to give it up and give it to the County.
Mr. Don Cather: Item 5 is the granting of easement for the water and sewer
authority to serve the Rusty Pelican Restaurant. If it doesn't pass, then
they won't be able to open their restaurant.
Mr. Dawkins; Yes, but why do we have to give Dade County a bill of sales for
these facilities before they let anybody connect up to them,
sl
33
September 12, 1985
Mr, Cather: That is their standard procedures site They want to have a bill
of sale for that place where they put their water and sewer pipes in the
grounds standard procedure&
Mr, Carollo: Mt, Managers this has to do with Horatio's Restaurant up there?
Mr* Cather: Yes,
Mr, Carollo: to they have adequate parking spaces in that area there?
Mr. Cather: I'm not familiar with that.
Mr. Carollo: Very interesting.
Mr: Pereira: We'll find out for you; we'll get the Planning Department back
here.
Mr. Carollo: Mr. Managers by any chance, if you remember there is a small
parcel of land that there was talk that we were going to lease it out right
next to the bay; it was like a hundred by a hundred? Was that ever given to
anyone?
Mr. Pereira: Not to my knowledge. That was withdrawn if I recall correctly.
That was withdrawn from the agenda a long time ago.
Mr. Carollo: That never came back.
Air. Pereira: I don't believe that ever came back, sir.
Mr. Carollo: Can you double check on that?
Mr. Pereira: I'll double check for you, but I'm almost positive.
Mr. Carollo: And double check to see if these people have the adequate
parking spaces in that area. Plus I want to see what our laws are in as far
as this restaurant has to come before the Commission for permission to have a
liquor license or not.
Mayor Ferre: Item 5 is therefore continued. Is that correct? Let's
formalize that. Will somebody make a motion, then, to continue item 5?
Mr. Cather: It should be passed today, sir.
Mayor Ferre: I know, but there are some questions. Is everybody willing to
vote for this thing now? Do you want to continue?
Mr. Plummer: Mr. Mayor, my concern is that he said the Rusty Pelican was also
involved.
Mr. Cather: Yes, sir.
Mr. Plummer: That is City revenue direct. That's not like Horatio's.
Horatio's is a different story. That's a sub -lease. I'm concerned that if we
delay the Rusty Pelican, every dollar, I think, over there represents 32$ to
us in the source of revenue.
Mayor Ferre: We're talking about the water mains.
Mr. Plummer: But Mr. Mayor, that's holding up their C.O.
Mayor Ferre: Precisely, therefore, what I'm saying, Mr. Plummer, is that I
think that the valid questions of Commissioner Carollo and Dawkins brought up
regarding parking, licenses, and all that are items that require investigation
but have nothing to do with item 5.
Mr. Carollo; But the point I'm trying to make, Mr. Mayor, is that the way
that whole thing was constructed over there,,. it just seemed it went up over
night and nothing was ever brought up before this Commission. I don't know
what the heck is going on over there, I'd like to find out.
Mayor Ferre: Mr. Manager, we have a motion on the floor by Commissioner
Carollo that you put on the agenda at the earliest convenience, but no later
sl 34 September 12, 1985
than October 10th# discussion of that whole are; contracts, analyses or
permits# liquor permits, parking, parking problems# revenues# s full history
of that area) including the Rusty Pelican) Horatio's# the marina. This
Commission would like to fully review that whole area# how it came about# who
got what permit# how they got it, why it didn't come to the Commission# what
the income is and etc. Is there a second to that motion?
Mr. Plummer: Second it# of course..
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption;
MOTION No. 85-906
A MOTION INSTRUCTING THE CITY MANAGER TO PUT ON THE
AGENDA, NO LATER THAN BY OCTOBER 10TH, A DISCUSSION OF
THE ENTIRE HISTORY OF THE WHOLE AREA IN AND AROUND THE
RUSTY PELICAN, HORATIO'S, THE MARINA SITE, ETC.; SUCH
HISTORY TO INCLUDE DATA ON ALL PAST CONTRACTS,
ANALYSES, PERMITS, LIQUOR PERMITS, PARKING, PARKING
PROBLEMS, REVENUES, ETC.
Upon being seconded by Commissioner Plummer, 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.
Mr. Dawkins: Mr. Manager, I also want you to bring to me at the next meeting
some kind of an agreement or some kind of an explanation or some format for us
to receive some benefits from Dade County for some of the things that we do.
I am fed up with every time I sit up here and we have to give up something,
the County receives some benefits and then when we want something we have to
pay for it through the nose. I mean it's been happening for the four years
I've been here.
Mr. Carollo: Have we gotten anything from Dade County that we haven't paid up
through the nose through sooner or later?
Mr. Plummer: We get a kiss.
Mayor Ferre: We now need a motion on item 5. Is there a motion on 5?
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: Plummer moves. Dawkins seconds. Further discussion on 5? Call
the roll.
al 35 September 12, 1985
The following resolution was introduced by Commissioner Plummer, who
moved its adoption!
RESOLUTION NO, 85-907
A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO QUIT -CLAIM TO MIAMI-DADS WATER AND SEWER
AUTHORITY ANY INTEREST THE CITY OF MIAMI MAY HAVE IN
THE WATER MAINS AND FACILITIES THAT SERVE HORATIO'S
RESTAURANT LOCATED WITHIN THE ACCESS ROADWAY TO RUSTY
PELICAN RESTAURANT ON VIRGINIA KEY.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
24 ACCEPT BID: JAY CEE CLEANING & CUSTODIAL SERVICES FOR MANUEL ARTIME
COMMUNITY CENTER ($23,700)
Mayor Ferre: Take up item 16. Go ahead, who pulled it?
Mr. Carollo: Mr. Manager, how long is this contract going to be for?
UNIDENTIFIED SPEAKER: It's a one year contract, Mr. Vice -Mayor.
Mr. Carollo: How long will it be before we can have bids in this again?
UNIDENTIFIED SPEAKER: It would be approximately one year.
Mr. Carollo: I'd be in favor of giving it to this company only for the time
that it takes to have new bids given out again.
UNIDENTIFIED SPEAKER: That is our intention, Commission, to rebid it.
Mr. Carollo: Yes, but you're giving it to them for a whole year before we
rebid again. It doesn't take a whole year to bid.
Mayor Ferre: The motion is that item 16 be approved on a 30 day basis to be
reinstituted every 30 days until a new bid is taken, at which time the
contract be terminated and will be re -awarded.
Mr. Carollo: Let me ask the following question. How long will it take you to
ask for bids for this particular contract and be able to come back to the
Commission.
UNIDENTIFIED SPEAKER: I would say that to go out for bid, receive and come to
the Commission would probably be about a 90 day process.
Mayor Ferre: Put that into the motion then. This will not be continued for
more than four times without coming back to the Commission.
Mr. Carollo: That's correct.
Mayor Ferre* That gives you 120 days.
UNIDENTIFIED SPEAKER. That is satisfactory,
sl 36 September 12, 1985
s
Mayor Pierre! On the 12Oth day you have to come back to this Commission for
further continuation of approval. Is that the motion?
Mr. Carollo! That is fine.
Mayor Ferre: Is there a second?
Mr. Plummer; Second.
Mayor Ferre: Further discussion on item 16, as amended. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-908
A RESOLUTION ACCEPTING AND RATIFYING BY AN AFFIRMATIVE
VOTE OF NOT LESS THAN 4/5THS OF THE MEMBERS OF THE
CITY COMMISSION THE EMERGENCY FINDINGS OF THE CITY
MANAGER AND THE ASSISTANT CHIEF PROCUREMENT OFFICER
RESULTING FROM THE FACT THAT A. CLEANING ASSOCIATES,
INC. TERMINATED ITS CONTRACT FOR CUSTODIAL SERVICES AT
THE MANUEL ARTIME COMMUNITY CENTER; FURTHER RATIFYING
THE ACCEPTANCE OF THE BID OF JAY CEE CLEANING, THE
NEXT LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, FOR
FURNISHING CUSTODIAL SERVICES FOR THE MANUEL ARTIME
COMMUNITY CENTER AT A TOTAL PROPOSED COST OF $23,700,
USING FUNDS THEREFOR PREVIOUSLY ALLOCATED UNDER
RESOLUTION NO. 85-514 ADOPTED MAY 9, 1985 FROM THE
1984-85 OPERATING BUDGET OF THE DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE; FURTHER AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THESE SERVICES
SUBJECT TO CERTAIN LIMITATIONS AND CONDITIONS.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
25. ACCEPT BID: REX-TONE PAINT & CHEMICAL COMPANY (painting supplies) FOR:
COMMUNITY DEVELOPMENT DEPT. ($138,000)•
Mayor Ferre: Take up item 21.
Mr. Dawkins: Mr. Manager, who were the bidders and what minorities were there
on this contract?
Mr. Pereira: There were thirty-five potential bidders. There were five bids
received. There were bids sent to three Black firms and fourteen Hispanic
firms. The lowest bidder...
Mr. Dawkins; Rex -Tone is What?
Mr. Pereira: The Lowest bidder is a minority firm, Hispanic.
Mr. Dawkins; Rex -Tone is a Hispanic?
al 37 September 12, 1985
Mr, Pereira: Yest the firm that we are awarding to is Hispanic.
Mr. Dawkins: They are a minority?
Mr, Pereira: Yes, Hispanic,
Mn Dawkinst What's the address?
Mr. Art Mullinst Mr, Commissioner Rex=Tone faint and Chemical Company's
address is 7220 Northwest 77th Street, The bid is signed by Luis Lopez,
President and they have indicated on their bid that they are a Hispanic
minority,
Mr, Dawkins: Ok. No, problem as long as.,. I just want to know that a
hundred thirty-eight thousand dollars went to a minority. That's all I needed
to know. Thank you. Move 21.
Mayor Ferree Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-909
A RESOLUTION ACCEPTING THE BID OF REX-TONE PAINT &
CHEMICAL COMPANY FOR FURNISHING HOUSE PAINT AND
PAINTING SUPPLIES ON A CONTRACT BASIS TO PARTICIPANTS
IN THE GREAT NEIGHBORHOODS RESIDENTIAL EXTERIOR PAINT
PROGRAM FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT AT
AN ESTIMATED COST OF $138,000.00; ALLOCATING FUNDS
THEREFOR FROM THE 11TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICERS TO
ISSUE A PURCHASE ORDER FOR THESE MATERIAL.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
26. ACCEPT BID: BELL & HOWELL - MICROFILM CAMERA ABR-200 FOR: POLICE
DEPARTMENT $12,996).
Mayor Ferre; All right, take up #24,
to be heard on that. Go ahead.
Mr. Dan Harris; Thank you, Mr. Mayor.
Mayor Ferre; Yes, sir.
There was a gentleman here that asked
Mr. Harris: I am Dan Harris with Eastman Kodak company. This is a bid for a
microfilmer, a piece of microfilm equipment for the Police Department, They
si 38 September 12, 1985
currently have between four and five million pieces of paper on microfilm and
that the amount of that paper is not getting any less. So, the primary
concern here is a piece of equipment that will give them the greatest
productivityi reliability and quality that you expect while meeting the
specifications. There were some six bidders here. This is the second time
this bid has been up. The first time I understand was not accepted because
there were no minority bidders. So, this is the second time around and only
two companies bid. The Bell & Howell Company and Eastman Kodak, I guess were
the only ones that felt like we met the specifications. The Kodak machine
that we bid, the record 1 550 is approximately a thousand dollars less
expensive and yet it's two to five times more productive. I have discussed
and demonstrated this machine to Ms. Lasala, the records supervisor for the
Police Department and the machine is perfectly acceptable to her. It has a
lot of advantages. To begin with, the service contract will be less expensive
than the Bell & Howell machine, future interchangeable cassettes that they
will need cost about three hundred twenty-nine dollars compared to about seven
hundred dollars from Bell & Howell. So, I recommend Mr. Mayor and
Commissioners that the Kodak bid be accepted as the low bid within
specifications.
Mayor Ferre: All right, from the administration.
Mr. Mullins: Mr. Mayor, the evaluation of the two bids supplied to Purchasing
by the Chief of Police stated that the low bid of Eastman Kodak is not
recommended because this equipment that's needed by the Police Department in
order to carry the several microfilming jobs at the same time as required in
the specifications would need at least four micro -cassettes. The Kodak bid
included only one in their bid price and we would need to purchase at least
three more at a cost of three hundred dollars each which would put the total
price of the Kodak equipment higher than the Bell & Howell recommended award.
Mayor Ferre: Ok.
Mr. Plummer: Did the bid call for four?
Mr. Mullins: Yes, sir.
Mr. Plummer: You see, let me tell you where I got a problem and I continue to
have a problem. If the bid calls for four and they did not bid four, then
they are not a bidder. You see, you continuously bring up here the problem
that people who supply a bid that did not meet specs in my estimation are not
a bidder. Now, they either meet the specs or don't bring their name up to me
for consideration because to me it's a non -bidder. Now, that's where we are
getting into a lot of trouble. Either... to me... you bring to me all people
that met the specs as presented and if they didn't don't even bring their
names.
Mayor Ferre: All right, further discussion.
Mr. Harris: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Harris: I do not remember that the bid had four cassettes since we are a
bidder and the specifications we...
Mayor Ferre: Would you show him what the bid document says sir.
Mr. Harris: We will be glad to provide the four sets for our bid price.
Mr. Plummer: Well, sir, you can't negotiate a bid standing up at this
microphone. You know, if it called for four and you didn't bid it, you can't
negotiate it here.
Mayor Ferre: Mr. Mullins, the administration recommends this firmly, does it?
Mr. Mullins: Yes.
Mayor Ferre: All right, further discussion? All right, is there a motion on
Item 24?
Mr, Plummer; I so move Mr. Mayor,
al 39 September 12, 1985
Mayor Ferret That we follow the administration's recommendations as they
follow procedure, Is there a second? Seconded by Perez, further discussion;
call the roll on 24,
The following resolution was introduced by Commissioner Plummer; who
moved its adoption:
RESOLUTION NO, 85-910
A RESOLUTION ACCEPTING THE BID OF BELL & HOWELL FOR
FURNIS14ING ONE (1) MICROFILM CAMERA ABR-200 TO THE
DEPARTMENT OF POLICE AT A 'DOTAL PROPOSED COST OF
$12,996.00; ALLOCATING FUNDS THEREFOR FROM THE 1984-85
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE 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 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
NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION AGREED TO HEAR AGENDA
ITEMS NO. 89-100 "SIGN STRUCTURES", etc.) AT 8:00 P.M. ON THIS SAME DATE.
27. RATIFY AGREEMENT WITH "CELLAR DOOR CONCERTS, INC." AND "BEACH CLUB
BOOKINGS, INC." (Bruce Springsteen Concerts).
Mayor Ferre: We are now then, unless there is another emergency and if so,
speak up...
Mr. Plummer: Mr. Mayor, I'm sorry. To make our department legal. Mr. Mayor,
I offer a motion that we ratify the contract for the Bruce Springsteen concert
that was negotiated by the department.
Mayor Ferre: Well, I'm glad you brought that up because I have got a motion
on that that I would like to make.
Mr. Plummer: Mr. Mayor, I'm happy to announce to you the following results,
that we received in rent one hundred thousand dollars, parking nineteen
thousand dollars, our portion of the tee shirt concession which I was a big
contributor, fifty-five thousand dollars and our portion of the food and
beverage is seventy-seven thousand less the police staffing which is the
expense. We came out with a net for the City of Miami in the Orange Bowl of
the two nights with two hundred fourteen thousand dollars. The equivalent of
four Dolphin games.
Mr. Carollo: How much of that have we spent already so far in this meeting on
festivals and parties and what have you?
Mr. Plummer; We might break even. I offer Mr. Mayor, a resolution ratifying,
approving and confirming the action of the City Manager in his execution of
the attached agreement with Cellar Door Concerts, Inc. and Beach Club
Bookings, Inc., for the Bruce Springsteen concert staged at the Orange Bowl on
September 9th and 10th.
Mayor Ferre; Is there a second?
al 40 September 12, 1985
Mr. Carollo: Second.
Mayon Ferre: Further discussion, call the roll.
Mr. Dawkins: Further discussion:
Mayor Ferre: Yes, sir.
Mr. Dawkins: Did we get a hundred thousand dollars per night rent?
Mr, Plummer: No, sir, for both nights. It was sixty for the first and forty
for the second.
Mayor Ferre: All right.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-911
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN HIS EXECUTION OF THE
ATTACHED AGREEMENT WITH CELLAR DOOR CONCERTS, INC.,
AND BEACH CLUB BOOKINGS, INC., FOR THE BRUCE
SPRINGSTEEN CONCERTS STAGED AT THE ORANGE BOWL STADIUM
ON SEPTEMBER 9 AND 10, 1985•
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
28. (A) COMMEND MEMBERS OF ADMINISTRATION RESPONSIBLE FOR BRUCE SPRINGSTEEN
CONCERTS' SUCCESS:
(B) REQUEST FROM ADMINISTRATION INFORMATION CONCERNING FEE SCHEDULES FOR
CONCERTS USED BY COMPARABLE CITIES TO MIAMI:
(C) AUTHORIZE STUDY ON PROPOSED CONSTRUCTION OF STAGE IN THE ORANGE BOWL.
Mayor Ferre: Mr. Vice -Mayor if you would take the gavel and I would like to
make a motion at this time.
Mr. Carollo: I have the gavel Mr. Mayor.
Mayor Ferre: All right, I would like to make a motion commending Cesar Odio
in particular and the other people involved in both stadiums. I would like to
include J. L. Plummer and I would like appropriate plaques to be made ---not
the cheapo varieties that we do, but nice brass plaques for the proper people
in recognition of the fact that we have had a series of winners now, starting
with Michael Jackson and now with the Boss. We have had a winning series and
as of this moment the coffers of the City of Miami are a half a million
dollars richer because of the activities of the City of Miami in bringing
these big time concerts and activities to our community proving once again
that the Orange Bowl is alive and can survive with or without the Miami
Dolphins. Now, that doesn't mean that we don't want the Dolphins. The
Dolphins are always welcome in the Orange Bowl, If Mr. Robbie is not
si 41 September 12, 1985
Ii
successful in his endeavors and I'm not saying one way or the other that he is
or he isn't) that the stadium will always be there for any paying tenant who
wishes to take advantage of this property. I would like to make in
conjunction with this so I don't have to make two motions, Mr. Manage) a
request that you provide to this Commission a schedule of fees being paid by
these same entertainers in Jacksonville) in Tampa) Orlando and other Southern
cities) because you will find that the cheapest rental of any stadium in the
South is the Orange Bowl and we now)... Now) that we have made our point.
Now) that we have shown that it can be a draw) I would say that if we had
charged for these concerts what Orlando and Tampa has been charging) we would
have made a million dollars rather than a half a million. Now) I'm not
objecting. I love the half a million dollars and I think we did the right
thing and I would do it over again) but now that we have made our point) we
have shown that if we have the right kind of combination we can pack that
Orange Bowl. If it's time for us to get a fair shake from all of our tenants
and I would like to since 1986 is around the bend and we will be renegotiating
with Mr. Robbie as well as with others) like to start the work which is going
to be a very tedious methodical job of getting, listing what other stadiums
are getting at the present time for the rental. We had the concessions... The
concessions contract is up next year. We need to start looking at what other
concession contracts are. What other people are getting. What other stadiums
are getting for both football and other extra type of activities such as Bruce
Springsteen and I so move.
Mr. Carollo: There is motion, is there a second?
Mr. Dawkins: I second it.
Mr. Carollo: There is a second. Now, Mr. Mayor, for...
Mr. Dawkins: Under discussion.
Mr. Carollo: Under discussion, did you say you wanted a plaque or tomb stone
for Commissioner Plummer?
Mr. Dawkins: Both, under discussion. I too would like to say to this City
that quite some time ago Mr. Odio came to me and said that the Orange Bowl
could support itself and at that time he started with...where are you Odio---
with the demolition derby, remember. And everybody was saying that Joe Robbie
was going to get angry because you were tearing up the ground and how much did
you make with the demolition derby?
Mr. Carollo: How much?
Mayor Ferre: Hundred thousand.
Mr. Carollo: Hundred thousand.
Mr. Dawkins: So, that shows you that if we allow the staff to go ahead and do
its job, we can... the Orange Bowl as you say Mr. Mayor, will support itself.
Mayor Ferre: May be we can have some polo games for the non -group.
Mr. Dawkins: Don't bother them...
Mr. Carollo: That's an ideal.
Mr. Plummer: No, no, you can't do that, because the Miami Daily News is not a
part of the non -group.
Mr. Dawkins: The only non -group member I can associate with is Jessie McCrary
and one out of that ain't got no power.
Mayor Ferre: You know,... and he doesn't like polo. Jessie is not a polo
player?
Mr. Dawkins: No.
Mr. Carollo: Well, I think football is more to their liking, this way they
can cover their faces. With the helmets, you know.
gl 42 September 12, 1985
•
Mayor Ferret Mrs Managers I would like to say that I would as part of that
Previous motion also like to include a commendation to the Police Department
and to the other government peoples because we had a hundred fifty thousand
human beings congregated in that little space over two nights. We had twenty
arrests for minor and please I want to stress "minor" incidents: There was
tremendous crowd control. The Police and Fire Department both did and
exceptional fine job and I think we need to... Now, Mr. Manager, that brings
up another subject which I also want to make a part of this. I think we also
need to now really actively look for other activities for the Orange Bowl that
wo may have been holding back on. For example, Motor Cross, you knows ...
Plummer, you are the Chairman of this committee for Motor Cross and we need to
kind of start bringing all of these things to the forefront. Now, there is
one other thing that I want to talk about. We are going to look at
concessions. We are going to look at other events and what they are being
charged. Now, the other thing is the payment for services, because in the
Police hearings we all heard from the Police Chief that other than Washington
D.C. the City of Miami Police Department has more special events than any
other police department in America which I find hard to believe as compared to
New York and Los Angeles and Chicago, but whether we are first or second or
third there is no question we are up there and these special events do not
always pay their fair share. So, we also need to balance that. If somebody
can charge and extra buck for a special event and with that cover police
expenses, I think we ought to start instituting that now that we are coming
such a heavy duty city on special events.
Mr. Plummer: Mr. Mayor, that goes on one step further and I was going to
propose during the budget hearings this afternoon that it is a tremendous
drain on the manpower of this city and I have spoken with the Chief about the
possibility of forming a special cadre of retired officers who could
possibility still with their certification and everything could make
themselves available as a special event officer and it could be paid for by
the promoters and I was going to bring that up this afternoon during the
budget hearings.
Mayor Ferre: (COMMENT INAUDIBLE).
Air. Plummer: Yes, yes for sure.
Mr. Pereira: Mr. Mayor, if I may comment, I think that not only your comments
are appropriate in terms of the police and everybody else who worked for the
Bruce Springsteen concert, but I don't know how many people realize that we
have five straight dates in our city with special events started on Friday
night that went on eventfully and very well coordinated and I just want to
reiterate to you that our position that I have been saying all along in terms
of the Orange Bowl, that the Orange Bowl is an event oriented facility.
Mayor Ferre: Mr. Manager, I want to expand my motion to include one fifth
item and that is that you immediately formalize a study and I think with an
outside consultant to build a stage at one end of the opened end of the
stadium so that we will have the ability to really get these big concerts in
here with all the sound equipment and all the stuff that they need to have.
Ok. Now, and also that the committee that Commissioner Plummer heads ... is
it a committee of one?
Mr. Plummer: air, you all are supposed to make recommendations. Each one of
the Commissioners are to make one recommendation for that committee, then I'm
to balance it with the additional of the same of amount to the outside.
Mr. Carollo: What committee is that now?
Mr. Plummer: That's the committee to study the Orange Bowl and the future of
the Orange Bowl.
Mayor Ferre: Ok. I will tell you, I will appoint Mr. Jorge De Cardenas as
my... and would you all appoint your respective people for the future use...
Mr. Plummer: Mr, Mayor, I'm also just asking the
subject to remember that each one of you today
committee which I head for the Freedom Tower.
Commission to on a separate
are to name a member to the
gI 43 September 12, 1985
Mr, Caroliht My appointment will be Nancy Davis,
Mr, Plummer! For the Orange Bowl or Freedom Tower?
Mr, Carollo: For the Freedom Tower,
Mr, Plummer: Well, let's,,, we will come to that this afternoon,
Mayor Ferre! Well, make your appointments as soon as you can on this Orange
Bowl committee and are we ready to vote now Mr,,., excuse me.,,
Ms. Joanne Holshouser: Could 1 make just one comment please?
Mr. Carollo: Madam, certainly,
Ms Holshouser: Oh, I'm sorry. I'm very excited about what you are doing. As
many of you know, I have been before you many times in the last five or six
years asking for us to pay attention to the safety for the fact that special
events in this Country and I travel a lot as a professional consultant to
other cities. I think you are on absolutely the right track and I was going
to say and Mr. Ferre beat me to it, how proud I am of the Police Department .
We don't need tragedies in Dade County and in the City of Miami and I thought
this was outstanding. If I could just ask and I would hope that one of you
would let me serve on that committee because I think that what the Mayor has
suggested is perfect. We need a stage. We need abilities to do more things,
but if we could just add one more commendation. I am so proud that the Daily
Bread food bank received twenty-five thousand dollars from Mr. Stringsteen. I
know that he does this in other communities and I think that this is something
that he deserves praise for and I think we could perhaps somehow suggest that
other people do it. This means that people in the community who couldn't come
to the concert have directly benefited from us doing this. Thank you.
Mr. Carollo: Thank you for your comments and congratulations on your new
consulting job that you have here in Miami.
Ms. Holshouser: Thank you so much, Mr. Carollo.
Mr. Carollo: Can we have roll call Madam Clerk?
gl 44 September 12, 1985
The following motion was introduced by Commissioner Ferrer who moved its
adoption.,
MOTION N04 85-912
A MOTION OF THE CITY COMMISSION COMMENDING CESAR ODIO,
IN PARTICULAR, AND OTHER MEMBERS OF THE ADMINISTRATION
WHO WERE INVOLVED IN THE NEGOTIATIONS TO BRING THE
BRUCE SPRINGSTEEN CONCERT TO MIAMI, WHICH CONCERT WAS
STAGED AT THE ORANGE BOWL STADIUM ON SEPTEMBER 9TH AND
10TH; FURTHER COMMENDING COMMISSIONER J. L. PLUMMER
FOR HIS ASSISTANCE AND PARTICIPATION; AND INCLUDING A
VERY SPECIAL COMMENDATION TO THE MIAMI POLICE
DEPARTMENT FOR THEIR EFFICIENT COVERAGE OF THE EVENTS
AND CONTROL OF THE CROWDS; AND FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER AS FOLLOWS:
1- TO HAVE PREPARED APPROPRIATE BRASS PLAQUES TO BE
PRESENTED TO ALL INDIVIDUALS WHO WERE INVOLVED IN
RECOGNITION OF THEIR EFFORTS AS A CONSEQUENCE OF
WHICH, VARIOUS IMPORTANT CONCERTS HAVE COME TO THE
CITY OF MIAMI ADDING TO THIS CITY'S COFFERS IN EXCESS
OF $500,000;
7- TO PROVIDE TO THE COMMISSION INFORMATION REGARDING
THE FEES PRESENTLY BEING PAID BY THESE PROMOTERS IN
LIKE CITIES SUCH AS TAMPA, ORLANDO, ETC., WITH A VIEW
TOWARD CHANGING THE CITY'S FEE STRUCTURE TO REFLECT A
MORE EQUITABLE RETURN TO THE CITY; AND
3- FINALLY, TO AUTHORIZE A STUDY IN CONNECTION WITH
PROPOSED CONSTRUCTION OF A STAGE AT THE OPEN END OF
THE ORANGE BOWL STADIUM SO THAT THE CITY WILL BE ABLE
TO SUCCESSFULLY BID AND ATTRACT EVEN BIGGER CONCERTS
TO THIS CITY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
BI 45 September 12, 1985
AYES:
Commissioner Miller is Dawkins
Commissioner J. L. Plummeti Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Fevre
z
NOES: None.
ABSENT: Commissioner Demetrio Perez Jr,
29. OPEN SEALED BIDS FOR CONSTRUCTION OF FAIRLAWN MOTH SANITARY SEWER
IMPROVEMENT - SR-5491-C,
Mayor Ferre: We will now be taken up the item that comes up at 11 o'clock
which his the sealed bids for the construction of the Fairlawn North Sanitary
Sewer Improvements which is SR-5491-C. Item #1 as properly advertised and in
about ten seconds I will accept a motion.
Mr. Plummer: Ten seconds, I move it.
Mayor Ferre: It has now been moved by Plummer, it is 11 o'clock.
Mr. Carollo: Second.
Mayor Ferre: Seconded by Carollo, further discussion? All right, call the
roll on the opening of bids.
This being the date and time advertised for receiving sealed bids for
Fairlawn North Sanitary Sewer Improvement SR-5491-C, the Mayor announced that
the City Commission was now ready to receive sealed bids:
The following Motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 85-913
A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER
FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS
DATE FOR: FAIRLAWN NORTH SANITARY SEWER IMPROVEMENT SR-5491-C
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
Lanzo Construction Co.
Douglas N. Higgins, Inc.
Joe Reinertson Equipment co.
Man -Con Incorporated
Ric -Man International, Inc.
gl 46 September 12, 1985
30. SECOND READING ORDINANCE., AMEND 54-104 CITY CODE= ("STREET &
SIDEWALKS ) t ON=STANDARD STREET WIDTHS").
Mayor Ferre: We are on Item 35. This amends Chapter 54 of the Code of the
City of Miami, Florida, entitled "Street and sidewalks" by amending Section
54-104 entitled "Non Standard Street Widths". Now, this changes base building
line locations for several streets. Overtown/Park West created need for these
modifications. Also, traffic conditions necessitates these changes. Is there
any discuss on this matter. Would Mr. Manager, you have some member of staff
inform the missing three members of the Commission that we are in session and
that we need their presence here so that we can do the business of the people
of Miami.
Mr. Pereira: They're on their way, sir. There is J.L. Plummer right there.
Mayor Ferre: All right, Commissioner Plummer moves... we got to operate J.L.
Seconded by Dawkins, is there further discussion on Item 35. Read the
ordinance on second reading. All right, call the roll please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, ENTITLED "STREETS AND
SIDEWALKS: BY AMENDING SECTION 54-104 ENTITLED
"NONSTANDARD STREET WIDTHS", BY THE ADDITION OR
DELETION OF CERTAIN STREETS; ESTABLISHING AN EFFECTIVE
DATE; AND CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of July 18, 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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
(*)Note: Although absent during roll call, Vice Mayoer Carollo requested of
the Clerk to be shown as voting with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10031
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.
31. SECOND READING ORDINANCE: IMPLEMENT FIRST SOURCE HIRING AGREEMENT (By and
between PRIVATE INDUSTRY COUNCIL OF SOUTH FLORIDA/SOUTH FLORIDA
EMPLOYMENT/TRAINING CONSORTIUM -as authorized City representative- and
INDIVIDUAL or ORGANIZATION RECEIVING SAID CONTRACT.
Mayor Ferre: We are on Item #36 which is a second reading. This ties local
public developers to jobs for city residents to low income residents. This is
called a first source hiring agreement,
gl 47 September 12, 19$5
Mr. Plummer: (COMMENTS INAUDIBLE)+
Mayor Ferret Commissioner Dawkins has been instrumental in moving forward the
moves.
Mr, Plummert I second.
Mayor Ferret Commissioner Plummer seconds, is there further discussion? All
right, read the ordinance. Call the roll please.
AN ORDINANCE ENTITLED -
AN ORDINANCE IMPLEMENTING THE "FIRST SOURCE HIRING
AGREEMENT"AND SETTING AS A CONDITION PRECEDENT TO THE
EXECUTION OF CONTRACTS RESULTING IN THE CREATION OF
NEW PERMANENT JOBS, THE SUCCESSFUL NEGOTIATION OF A
"FIRST SOURCE HIRING AGREEMENT" BETWEEN THE PRIVATE
INDUSTRY COUNCIL OF SOUTH FLORIDA/SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM, AUTHORIZED
REPRESENTATIVE OF THE CITY OF MIAMI, AND THE
ORGANIZATION OR INDIVIDUAL RECEIVING SAID CONTRACT,
UNLESS SUCH AN AGREEMENT IS FOUND TO BE INFEASIBLE BY
THE CITY MANAGER, AND SUCH FINDING AS APPROVED BY THE
CITY COMMISSION OF THE CITY OF MIAMI, WITH THE PRIMARY
BENEFICIARIES OF THIS AGREEMENT BEING THE PARTICIPANTS
OF THE CITY OF MIAMI, TRAINING AND EMPLOYMENT PROGRAMS
AND OTHER RESIDENTS OF THE CITY OF MIAMI; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of July 18, 1985, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
(*)Although absent during roll call, Vice Mayor Carollo requested of the Clerk
to be shown as voting with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10032
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.
32. SECOND READING ORDINANCE: AMEND SEC. 30-26 OF CODE - INCREASE FEES FOR
USE OF CITY DAY CARE FACILITIES.
Mayor Ferre: We are now on Item 38 which is the fee schedule of the Code of
the City of Miami, Florida to amend for the purpose of generally increasing
the fees charged for the use -of City day care facilities. Is there a motion?
Mr. Daewking: Move it.
g! 48 September 12, 19$5
M
Mr, Plummer! Move
Mayor Fevre: All right, it's been moved by Plummer; seconded by Dawkins# read
Item 38, Call the roll,
AN ORDINANCE ENTITLED=
AN ORDINANCE AMENDING SECTION 30-261 ENTITLED: "FEE
SCHEDULE"# OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, FOR THE PURPOSE OF GENERALLY INCREASING
THE FEES CHARGED FOR USE OF CITY DAY CARE FACILITIES,
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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
(*)Note Although absent during roll call, Vice Mayor Carollo requested of the
Clerk, to be shown as voting with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10033
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
33. FIRST READING ORDINANCE: AMEND 1 OF 8719- ESTABLISH NTAF "COMMUNITY
DEVELOPMENT COUNTY SUPPLEMENT FY-1985-1986 - $16,000.
Mayor Ferre: We are now on Item 40 on first reading. This is a summary grant
appropriations ordinance by establishing a new trust fund entitled "The
Community Development County Supplement" appropriating sixteen thousand
dollars.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins, is there a second?
Mr. Plummer% Wait a minute, excuse me. My agenda... are we speaking of Item
40?
Mayor Ferre: 40. 4-0.
Mr. Plummer: Oh, 4-0. I'm sorry.
Mayor Ferre: This is a sixteen thousand dollar item.
Mr. Plummer; Sixteen thousand.
Mayor Ferre;
Mr. Plummer;
16,000.
Yes, sir. Ok. Second.
gl
49 September 12, 1985
Mayor Ferre: Moved by Dawkins, seconded by Plummer, further discussion on
first reading? Read the ordinance please. Call the roll please,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE N0. 8719
ADOPTED OCTOBER 26, 19770 AS AMENDED, THE SUMMARY
GRANT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW
TRUST AND AGENCY FUND, ENTITLED: "COMMUNITY
DEVELOPMENT COUNTY SUPPLEMENT (FY'85-86)", AND
APPROPRIATING $16,000 FOR THE EXECUTION OF SAME;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer and passed on its first reading by title 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.
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.
(*)Note: Although absent during roll call, Vice Mayor Carollo requested of the
Clerk, to be shown as voting with the motion.
34. BRIEF DISCUSSION AND DEFERRAL - PROPOSED EMPLOYMENT OF OUTSIDE COUNSEL TO
ASSIST WITH INDUSTRIAL DEVELOPMENT REVENUE BONDS NEGOTIATIONS ("BAYSIDE
SPECIALTY CENTER PARKING GARAGE" PROJECT).
Mayor Ferre: We are now on Item 41.
Mr. Dawkins: Defer it.
Mayor Ferre: This item is being deferred.
Mr. Plummer: Well, Ok, defer it, but I got some questions to ask to be
answered while it's being deferred. It's my understanding. Well, I guess the
question I want to ask... Madam City Attorney this Commission established a
policy in which there were names of firms that were listed and it would be on
a rotating basis. I don't remember the name of this firm being on that list.
Now, that's not saying that it's bad, but I think the policy of this
Commission was as I recalled, we establish five firms so there would be no
partiality. We would take one, then the next, then the next, then the next.
Ms. Dougherty: That is true and you have adopted the bond counsel firms for
this issue. This man however, has been working on the Bayside agreement and
was originally hired as you know, by Howard Gary and David Weaver. He is not
a bond counsel. This is a method by which he can be paid out of the bond
funds for the work that he would be doing. So, it's up to you whatever you
want to do.
Mr. Plummer: Well, I just wanted to ask that question, but obviously,
Commissioner Dawkins wants it deferred.
Ms. Dougherty: He is not a bond counsel in the normal sense.
Mr, Dawkins: I'm not going anything with it until you guys get me some Black
law firms entitled into this. If I have to keep deferring it until..,
gl 50 September 12, 1985
M
Mayor Ferre: There has been a request that this item be deferred: !tog moved
by Dawkins, second by Plummer that this item be continued. Further
discussion, call the roll on the continuation of 41.
THEREUPON THE FOREGOING MOTION TO CONTINUE ITEM NO. 41 was introduced by
Commissioner Dawkins, and seconded by Commissioner Plummer, and was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
Mr. Dawekins: We have too many minority people, Latin and Black firms and I
don't ever see them when it comes to the big money.
35• ALLOCATE $10,000 IN SUPPORT OF HAITIAN REFUGEE CENTER/SANT REFIJIE
AYISYIN, INC. (legal services to Haitian community, with a proviso).
Mayor Ferre: We are on Item 42.
Mr. Dawkins: Move it.
Mayor Ferre: All right, this has been moved by Dawkins, seconded by Plummer.
It is the Haitian refugee center so on payment for services.
Mr. Dawkins: This is the Haitian Refugee Center. This is not the .......
Mayor Ferre: Haitian. Haitian.
Mr. Dawkins: This has nothing to do with the Catholic fund.
Mayor Ferre: No, no.
Mr. Dawkins: Ok. Because I'm not giving the Catholics no money to do what
they are supposed to be doing.
Mayor Ferre: Hey, hey, you are not going to be invited by the Pope.
Mr. Dawking: O.K. I'll rephrase that.
Mr. Plummer: Tell me what are the services that this money is to be used to
perform.
Mayor Ferre: Go right ahead. Father why don't you come up and explain.
Rev. Jacques Juste: Good morning Mr. Mayor. Good morning Commissioners. The
Haitian Refugee Center will use the money to provide free assistance, free
legal services to Haitian Refugees who are indigent.
Mayor Ferre: all right, thank you Father. Is there further discussion? All
right, it's been moved by Dawkins, seconded by Plummer, further discussion,
call the roll on 42.
Mr. Plummer: Wait a minute. Father, excuse me. Father I got to put on
proviso in there, all right and I'm not entering into the controversy that I
know that exist, but I cannot let it pass without saying that none of this
money can be used to legally combat with a goverment agency and I think you
read between those lines. I would hate to be accused Mr. Mayon, that this
gl 51 September 12, 1985
money was used to fight the federal government, taxpayers money locally. And
if you are using it for legal aid to represent the Haitian community in legal
problems of day to day...
Mayor Ferre: Wells I may have a disagreement with that, but I think that if
those monies are going to be used for legal battles with the federal
government this Commission must know about it.
Mr. Plummer: leery definitely. I would hate to be accused of using Miami
taxpayers money to fight our own federal government. I'm sure that you have
other monies available. If that's your choice to do such, but legal aid to
the Haitians who have problems with rents and with minor legal problems I have
no problem with that Father.
Rev. Juste: I would like to express to you in all due respect Commissioner,
that we have many Haitians here right now, they don't have the money. They
have children born here in this City and they need help and the government is
trying to deport some of them and these Haitians if we don't get rid of them,
their children will be left here and there will be nothing we can do for them.
Mr. Plummer: Father, you can divert some of your other legal aid money for
that and use this for the legal problems of the community. Now, let me say
this. Ok. And my fear is I have expressed it, but another fear, next we will
have knocking on the door the Nicaraguans, the E1 Salvadorians. All you know,
have a fight with that same situation, not the same situation, but the same
fight and I just have to tell you I have no problem with giving you money for
the run of the mill, the everyday problems of legal assistance to the Haitian
people.
Rev. Juste: Well, Commissioner, understand that we have been doing a great
favor to the U. S. government to this Country by clarifying the immigration
laws and everybody loves us because we are doing that now. It's becoming
clearer and clearer. It's helping everyone in this Country.
Mayor Ferre: Father, let me see if I can solve the problem.
Mr. Plummer: I think you had a good idea Maurice.
Mayor Ferre: How big a budget do you have Father?
Rev. Juste: Let me let the administrator Mr. Len Kaminsky answer that
question.
Mayor Ferre: Is fifty thousand, a hundred thousand?
Rev. Juste: Well, for this year we have...
UNIDENTIFIED SPEAKER: Our actually expenses for the year were in the
neighborhood of three hundred thousand dollars.
Mayor Ferre: All right, well then sir, I would recommend that you use these
monies for other than the sources that Father is referring to. You
understand. Then you can use your other money to do what he is talking about
and that way the City of Miami has a clear conscience that it's not using
local taxpayers dollars to combat the federal government.
Mr. Dawkins: What areas do you get into in your firm? Legally I mean. What
legal...
UNIDENTIFIED SPEAKER: Legally, the Haitian Refugee Center specifically
represents Haitians in immigration problems.
Mr. Dawkins; Immigration only.
UNIDENTIFIED SPEAKER: Badsically, However, our attorneys and our paralegals do
offer legal advise to any Haitian that comes in for other services.
Mayor Ferre: So, apply these monies for those things.
Mr. Dawkins; Apply
to those only and then
take the rest
,
gl
52
September
12, 1985
Mr. Plummer; That's fine. So, use it for that.
Mayor Ferre: It's just an accounting procedure for goodness sake. Stop
arguing.
Mr. Dawkins: Budgetary.,.* Ok. You understand what we are saying now?
Rev. Juste: We understand Mr. Mayor. Thank you very much.
Mayor Ferre: All right, this has been moved and seconded, further discussion,
call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-914
A RESOLUTION ALLOCATING $5,500 FROM SPECIAL PROGRAMS AND
ACCOUNT, CONTINGENT FUND, SAID SUM BEING IN ADDITION TO
$4,500 ALSO BEING ALLOCATED FROM SAID FUND IN SUPPORT OF
THE HAITIAN REFUGEE CENTER/SANT REFIJIE AYISYIN, INC. FOR
THE PERIOD FROM AUGUST 1, 1985 THROUGH SEPTEMBER 30, 1985
TO MAINTAIN SERVICES PROVIDED BY THE AGENCY TO THE HAITIAN
COMMUNITY; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID AGENCY; SAID AGREEMENT TO PROVIDE THAT
NO MONIES ALLOCATED HEREUNDER ARE TO BE USED FOR
INSTITUTION OF ANY LEGAL PROCEEDINGS AGAINST ANY
GOVERNMENTAL AGENCY OR INSTRUMENTALITY.
(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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
(*) Note: Although absent during roll call, Vice Mayor Carollo requested of
the Clerk, to be shown as voting with the motion.
36. EXECUTE AGREEMENT WITH METRO DADE COUNTY - IMPLEMENT PORTION OF METRO'S
C.D. BLOCK GRANT PROGRAM (11TH YEAR) - ACCEPT $16,000 TRANSFER FROM METRO
DADE.
Mayor Ferre: We are now on Item 43, This authorizes the Manager to enter
into an agreement with Metro. Dade County Community Development Block Grant
during the eleventh year for certain social services, sixteen thousand
dollars.
Mr. Dawkins: (COMMENT INAUDIBLE).
Mayor Ferre; Dawkins moves.
Mr. Plummer; Second.
gl 53 September 12, 1985
Mayor Ferre: Plummer seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION N0. 85=915
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE PURPOSE OF
IMPLEMENTING A PORTION OF DADE COUNTY'S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM DURING THE ELEVENTH YEAR
FOR A CERTAIN SOCIAL SERVICE ACTIVITY; AUTHORIZING THE
CITY MANAGER TO ACCEPT A TRANSFER OF FUNDS FROM DADE
COUNTY IN THE AMOUNT OF $16,000.
(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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
(*) Note: Although absent during roll call, Vicer Mayor Carollo requested of
the Clerk, to be shown as voting with the motion.
37. ACCEPT LAND APPRAISER'S PROPOSALS AND FEES - ESTABLISH FAIR I4ARKET VALUE
OF 13 LOTS AND IMPROVEMENTS THEREON FOR "SOUTH AREA SUBSTATION".
Mayor Ferre: 44 accepts the proposal of Leonard A. Bisz and Claire Franklin
Britt M.A.I. appraisals for a fee four thousand nine fifty and eight thousand
respectively, ok, for market value of thirteen lots in the South area
substation. Are we ready to vote for that? Appraisals. Moved by Dawkins,
seconded by Plummer, further...
Mr. Plummer: Mr. Mayor, I will second the motion, but I sure would like to
see a copy of the appraisals. I don't know if they did a good job or not.
Mayor Ferre: Mr. Manager. Juanita when the appraisals are finished would you
provide copies.
Mr. Plummer: They are finished.
Ms. Juanita Shearer: My understanding sir, is that this is allowing us to
procure the appraisals. Yes, we will certainly provide them to you. No, sir,
they are not.
Mr. Plummer: Oh, they are not finished.
Ms. Shearer: No, sir, they are not.
Mayor Ferre; Well, you know, until they get paid they are not about to give
you an appraisal. All right, call the roll on 44•
g1 54 September 12, 1985
{ The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO, 85-916
A RESOLUTION ACCEPTING THE PROPOSALS OF LEONARD A. BISZ
AND CLAIR FRANKLIN BRITT, MAI APPRAISERS, FOR A FEE OF
$4,950,00 AND $S,000.00 RESPECTFULLY, PLUS EXPERT WITNESS
FEES OF $100.00 AND $50.00 PER HOUR RESPECTIVELY FOR THE
PURPOSE OF ESTABLISHING FAIR MARKET VALUE OF 13 LOTS AND
THE IMPROVEMENTS THEREON FOR THE SOUTH AREA POLICE
SUBSTATION, SAID PROPERTY LEGALLY DESCRIBED AS LOTS 4
THROUGH 16, ALL IN KENILWORTH REVISED SUBDIVISION, AS
RECORDED IN PLAT BOOK 5 AT PAGE 115; BOUNDED ON THE NORTH
BY WEST FLAGLER STREET; WEST BY SW 23 AVENUE; SOUTH BY SW
FIRST STREET; EAST BY BEACOM BOULEVARD, A/K/A SW 22 AVENUE
ROAD; FUNDS COVERING THE COST OF THE APPRAISALS BEING
ALLOCATED FROM 1984 MIAMI POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS.
(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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
(*) Note: Although absent during roll call, Vice Mayor Carollo requested of
the Clerk, to be shown as voting with the motion.
38. AUTHORIZE AMENDMENT TO AGREEMENT, SIGNED WITH METRO DADE ON 12/20/83 -
ENGAGE CITY OF MIAMI TO PROVIDE FIRE, RESCUE & INSPECTION SERVICES TO
PORT OF MIAMI.
Mayor Ferre: We are on 45. This is between Metropolitan Dade County for
engagement of the City's fire and rescue in connection with the operation of
the Port of Miami.
Mr. Plummer: How much?
Mr. Pereira: I think basically it's fifteen thousand... no, thirteen thousand
dollars for...
Mr. Dawkins: Thirteen thousand dollars a day?
Mayor Ferre: Chief.
Chief McCullough: Chief McCullough, City of Miami Fire Department. The Port
of Miami contract has been in effect since December 15, 1982.
Mr. Plummer: Excuse me, how much?
Chief McCullough: Fifteen thousand dollars a month.
Mr. Plummer; A month.
Chief McCullough; A month.
gl
55 September 12, 1985
Mr. Pereira; Plus there is a charge for usage of equipment.
Chief McCullough., There is an hourly rate charge for equipment of major
events,
Mayor Ferre: Twelve hundred dollars per hour for the aerial company, nine per
hour for the pumper company) six hundred per, hour for the advance life
support, three hundred for the air truck:
Mr. Dawkins: Chief, you think that's a fair return for us?
Chief McCullough: Yes, sir.
Mr. Dawkins: I move it.
Mr. Plummer: Second.
Mayor Ferre: Further discussion, call the roll on 45.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-917
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO
THE AGREEMENT BETWEEN THE CITY AND METROPOLITAN DADE
COUNTY FOR ENGAGEMENT OF THE CITY OF MIAMI TO PROVIDE
FIRE, RESCUE AND FIRE INSPECTION SERVICES IN CONNECTION
WITH THE OPERATION OF THE PORT OF MIAMI, IN ACCORDANCE
WITH THE TERMS AND CONDITIONS AS OUTLINED UNDER THE
ORIGINAL AGREEMENT OF DECEMBER 20, 1983, AND TWO
SUBSEQUENT LETTER MODIFICATIONS BETWEEN THE PARTIES DATED
FEBRUARY 28, 1984, AND FEBRUARY 29, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
gI 56 September 12, 1985
M
39, EMERGENCY ORDINANCE: ESTABLISH NTAF1. "DEVELOPMENT DISABILITIES MODEL
PROJECT" APPROPRIATE $301000 GRANT FROM U,S. DEPT, OF HEALTH & HUMAN
SERVICES.
iii��iG�ii�..". •"„" i�.TiS�-��Siii+iii�i�i�r��i"...._._..._i.�1f..i�31i�����i�i��G-JrWGr+iti"il" ..••'..M��3i:+i�.iwiii"-��'
Mayor Ferre: All rights now we revert back to the four fifths things that we
need and that we revert back to the first one which I think was 34 which
requires four fifths. This is an emergency ordinance it establishes the
special revenue fund entitled "Development Disabilities Model Project". This
is staff training in youth of recreational activities for the disable,o United
States Department of Health and Human Services and so on. Plummer moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds, is there further discussion on Item 34? All
right, read the ordinance please. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "DEVELOPMENTAL DISABILITIES
MODEL PROJECT:, APPROPRIATING FUNDS FOR ITS OPERATION
IN THE AMOUNT OF $33,000 COMPOSED OF $30,000 FROM THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
AND $3,000 FROM FISCAL YEAR 1984- 85 SPECIAL PROGRAMS
AND ACCOUNTS: MATCHING FUNDS FOR GRANTS; AND
AUTHORIZING THE CITY MANAGER TO ACCEPT THE $30,000
GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES; CONTAINING A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and
Dawkins, for adoption as an emergency measure
requirement of reading same on two separate days,
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.
seconded by Commissioner
and dispensing with the
which was agreed to by the
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, 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 N0, 10034_
The City
announced that
to the public.
Attorney read the ordinance into the public record and
copies were available to the members of the City Commission and
gI 57 September 120 1985
xsG:s:.:yi:�z+n= ac��at� pis: �:�s iasi �� c.�asssc arm s:s scss�c 7ctsztar�ssur�.-rt:t� szr. �r rti�ssn:.� r: ic:rii,c: �s�:u� �zassc��rst ��c:t
40► FIRST._EtEADING ORDINANCE:. REGULATE PLACEMENT OF NEWSRACKS IN PUBLIC
RIGHTS-OFF=WAY; IMPOSE SAFETY/AESTHETIC RESTRICTIONS; etc,
Mayor Ferret We are now on the newsracks in public rights -of -way in the City
of Miami to impose safety and aesthetic restrictions that are related thereto.
This is in second reading. Now) is there anybody in the audience that wishes
to address the Commission on this issue of public right-of-way rights.
Anybody wish to address the Commission on this issue? Commissioner Carollo
the Chair recognizes you.
Mr. Carollo: Thank you Mr. Mayor, Mr. Mayor, we have made some changes in
the ordinance to tighten some of the loop holes even more and strengthen the
position of the City of Miami more so in the courts. I think may be the City
Attorney can better explain the changes we have made. I only have one
additional recommendation that on the fee, instead of beginning with a full
enforcement on a monthly basis that maybe we try out ... I don't think it will
work, but we will try it out that way first, semiannual enforcement. which
brings the fee down from a hundred dollars per rack to a little over seven
dollars and if it don't work, then we always have the option six month later
to raise the fee, but less start with that and this way may be, you know, some
of the people that are threatening to take us to court, you know, won't cry as
much.
Mayor Ferre: All right, Madam City Attorney into the record any...
Ms. Dougherty: Yes, sir, Mr. Mayor. This will be an ordinance to be read on
first reading and I would also like to point out some other changes.
Commissioner Carollo... I mean, Vice -Mayor Carollo mentioned that the fee
change on page 5 will be from one hundred dollars to seven dollars and fifty
center.
Mr. Carollo: Well, let me ask you this Lucia. The seven fifty, we were
rounding the numbers off right?
Ms. Dougherty: Yes, sir.
Mr. Carollo: What does the actual amount comes to that we figured would cost
us? Seven dollars and sixteen cents?
Ms. Dougherty: Yes, sir.
Mr. Carollo: Let's go with that. Seven dollars and sixteen cents.
Ms. Dougherty: Very good.
Mr. Carollo: This way, you know, for the extra thirty-four cents I would
hate, you know, for one of these newspapers to make a big thing out of it in
court.
Ms. Dougherty: Very good. The next change I would like to make to the
ordinance that is in your package to be read on first reading is that on "E"
on page 6, there will be an additional sentence that will read as follows:
"Further no such newsracks shall be bolted or otherwise attached to the City
sidewalk" "F" will read as follows: "No newsrack shall be placed at any site
or location when such newsrack unreasonably interferes with or impedes the
flow of pedestrian traffic or vehicular traffic". And the rest is further as
reflected.
Mr. Plummer: Is that a substantial change?
Ms. Dougherty: This ordinance here is changed substantially from the one that
you have. Now, I'm making additional changes to the one that you have had.
"G" will read as follows: "No newsracks shall be used to advertise or
publicize anything other than periodicals offered for sale. "H" will then be
reflected in accordance to a memorandum I received this morning from Walter
Pierce which reads as follows: "Application of visibility triangles shall be
gl 58 September 12, 1985
as follows: (1) The street intersection visibility triangles shall be
maintained to include an area bounded by first twenty=five feet along the
intersecting edges of the tight -of -way projected where rounded in a line
running across the lot in connection with the ends of such twenty=five feet
foot lines. (2) At intersections of drive -ways with street such visibility
triangle shall be maintained to include an area bounded by the first ten feet
along the intersecting area of the base building line and the drive --way
projected where rounded and a line running across inner intervening right-of-
way and a lot connecting the end of such ten lines". That is a safety
standard to make sure that people can see pass drive=way and intersections.
And other than those changes to the ordinance that you have in your package
that was substantially changed from first reading, the only other thing is I
would like the record to reflect the same evidence that was presented at the
Commission meeting at first reading.
Mayor Ferret Yes, all right, any further discussion on this? Any further
comments?
Mr. Carollo: Mr. Mayor, I think the City Attorney has established for the
record some changes that needed to be made and I proposed the fee to be
lowered to lowered to seven sixteen to be changed to a semi-annually
inspections.
Mayor Ferre: All right.
Mr. Plummer: Commissioner Carollo let me proffer something for your
consideration, that all such revenues derived be gone into a special fund for
the purposes of hiring these teenagers that you spoke about before. Consider
it. Just consider it, we can add it on the second reading.
Mr. Carollo: I would have no problems with it. However, we cannot do that
legally, because the only... the monies we collect from this can only be spent
to enforce and regulate the newsracks.
Mayor Ferre: And you want to make sure that this stands up legally in court.
Mr. Carollo: Sure.
Mayor Ferre: I mean, this is obviously, going to be challenged.
Mr Carollo: otherwise, believe me, I would have come up with many many
fabulous ideas.
Mr. Plummer: All right, sir. I was unaware. Are you moving it Commissioner
Carollo?
Mr. Carollo: Yes, I am.
Mr. Plummer: I am seconding it.
Mr. Carollo: There has been a motion and a second.
Mayor Ferre: Is there a second?
Mr. Plummer: Yes, sir.
Mayor Ferre: Yes, sir. All right, now, further discussion. Now, this is on
first reading. Read the ordinance as...Call the roll.
tgl 59 September 12, 1985
AN ORDINANCE ENTITLED -
AN ORDINANCE REGULATING THE PLACEMENT OF NEWSRACKS IN
PUBLIC RIGHTS-OF=WAY IN THE CITY OF MIAMI AND IMPOSING
SAFETY AND AESTHETIC RESTRICTIONS RELATED THERETO;
PROVIDING A STATEMENT OF PURPOSE; PROVIDING THAT SAID
ORDINANCE SHALL BECOME EFFECTIVE UPON ADOPTION WITH
THE PROVISIONS THEREOF BEING OPERATIVE UPON ALL SUCH
EXISTING AND FUTURE NEWSRACKS; ESTABLISHING
DEFINITIONS; ESTABLISHING STANDARDS FOR OPERATION,
PLACEMENT AND INSTALLATION OF NEWSRACKS; PROVIDING FOR
REMOVAL OF NEWSRACKS; ESTABLISHING PROCEDURES FOR
HEARINGS ON VIOLATIONS; REQUIRING A PERMIT AND PAYMENT
OF A PERMIT FEE; REQUIRING INSURANCE AND
INDEMNIFICATION; PROVIDING FOR SEVERABILITY; INCLUSION
IN THE CODE OF THE CITY OF MIAMI, FLORIDA; AND, UPON
ADOPTION OF THIS ORDINANCE, INSTRUCTING THE CITY
MANAGER TO SEND A COPY OF THIS ORDINANCE, TO THE
DISTRIBUTOR OF EACH NEWSPAPER, MAGAZINE OR OTHER NEWS
PERIODICAL PLACED IN NEWSRACKS WITHIN THE CITY.
Was introduced by Commissioner Carollo and seconded by Commissioner
Plummer and passed on its first reading by title 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.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
41. SECOND READING_ ORDINANCE: AMEND CABLE TELEVISION ORDINANCE 9332 - DELETE
SECS. 402 & 403 ESTABLISHMENT OF COMMUNITY ACCESS CORPORATION; ETC.)
Temporarily deferred, See label No. 43, below.
Mayor Ferre: We are now on Item
ordinance, Miami Cable. I know there
address the Commission on this issue.
the discussion on Item 39.
Mr. Pereira: Yes, sir. Jack.
#39 which is the television license
are members of the public that wish to
Mr. Manager, would you have staff open
Mr. Carollo: Is Mr. Meyers present here?
Mayor Ferre: Senator Meyers is not here. I haven't seen him. Is there
anybody here representing... Well, I guess this is not really a request of
Miami Cable. This is something that we are doing internally. Is that
correct?
Mr. Pereira: That's right.
Mayor Ferre: Ok. Go ahead, Jack.
Mr. Jack Eads; Yes, sir, Mr. Mayor and members of the Commission, the
ordinance that you have in front of you is the same ordinance that was
presented at the July 25th meeting. It comes as a result of several actions
having affect on the City. The first is the Federal Communications Act that
became effective in December of 1984. The County wide cable ordinance and a
request from the cable operator, There are three elements. Three essential
elements of this ordinance, The first is the transfer of one per cent of the
gl 60 September 12, 1985
City's five per cent franchise fee to Dade County together with Metropolitan
Dade it's taking over the responsibility of public access, Secondly, the
security fund being reduced to a million dollars to the cable operator. That
comes at the request of the cable operator, The one million dollars would be
returned when the system is fully completed and accepted to City standards,.
And the third comes as a result of the Federal Act. The prepayments would be
eliminated, We are obligated as a result of the act to pay interest on those
prepayments until such time as they catch up with the franchise fee. At that
point we have recommended to the Commission that we eliminate those
prepayments. Allow what's been paid to catch up and then begin payments to
the City at the actual rate of four per cent to the City and one per cent to
the County. That's the essence of the ordinance as presented.
Mayor Ferre: All right, sir. We will now hear from members of the public
that wish to address the Commission on this issue.
Mr. Plummer: Well, let me... Mayor, excuse me for one moment. May I clarify
something. Mr. Eads and Mr. Manager, there was one thing that I didn't hear
in Mr. Eads's presentation that was made at the last hearing and I read in the
non -newspaper the non -article that said something in reference to the fact
that there was a denial of the public to public access. It was my
understanding that you brought out in the last hearing Mr. Manager, that we
were going to give a percentage of our franchise to Dade County and in return
they would assume the responsibility of public access through the Anna Brenner
Meyers facility. Now, I didn't hear that Mr. Eads in your presentation and...
Mr. Eads: If I omitted that sir, that was a mistake. Very definite that is a
part of this ordinance.
Mr. Plummer: Well, I think you need to go through for the record and may be
for myself as well as other, because as I recall as presented by the Manager,
in no way was it denying the public access. So, for my edification let's go
through that one more time.
Mr. Eads: That is exactly the fact Commissioner . What's proposed is what is
done on a City wide basis be accomplished on a County wide basis in terms of
public access. Mr. Bello from Metropolitan Dade County is here and I believe
he can answer any of any questions you may have...
Mayor Ferre: Why don't we get him on the record here.
Mr. Pereira: By the way... if I may, Mayor and members of the Commission, it
was... some statements were attributed to Mr. Bello on the article yesterday.
Mr. Bello was never contacted by the newspaper.
Mayor Ferre: Well, let's get him to say that on the record himself.
Mr. Tony Bello: Tony Bello, Metropolitan Dade County. There is a big
difference in... there is a difference in what some people describe as public
access. Dade County is committed to public access in allowing the community
access to the media. There are rules and procedures that we follow to
maintain an certain order and I think that's where some folks are getting hung
up in how we structure our program in comparison to some of the procedures
that MCAC had set up.
Mr. Plummer: Mr. Bello, did I hear them say that the quotes attributed to you
in the article were not actually fact, that you did not speak with the
reporter?
Mr. Bello: I spoke to someone from the law firm representing MCAC. I think
that letter was used in the article, but I never spoke to the reporter on this
issue.
Mayor Ferre; Well, whether you spoke to a reporter or to a lawyer or it was
in a letter, were the statements attributed to you in the article in the Miami
Herald... does that reflect your feeling? Is that an accurate statement?
Mr. Bello; Would you tell me which one, sir. There were somethings that
were...
gl 61 September 12, 1985
•
Mayor Ferre: You want to get me a copy of the article. Get me a copy of the
article so we can do6,4
Mr. Plummer: Yes; and while you are doing that I would also like to have a
copy of the letter from Dr. Britton. I assume a man by the name of Don
McCullough does work for Dr. Britton and he is answerable to Dr, Britton,
because what I read in the paper, obviously, is misleading, but I want to make
sure that it's not misleading. I have a copy now) Don, thank you,
Mr. Pereira: The article) if I may Mr, Mayor, attributes Mr, Bello's as
saying that "Dade County Cable said that there is no duplication, In fact if
we were to setup our own access operation and the County had their own access
operation", he is attributed of saying that there was.., in fact there will be
no duplication, You might want to.,.
Mayor Ferre: Well, let me read you the exact statement. "City Manager,
Sergio Pereira, said Tuesday he has proposed the changes "To avoid duplication
with the County". But Tony Bello, Dade County's cable coordinator said "There
is no duplication". You are Mr, Bello?
Mr. Bello: Yes.
Mayor Ferre: Now, is that true? There is no duplication?
Mr. Bello: No, there would be duplication if MCAC continued to do... the
process continued.
Mayor Ferre: Well, we would like to get from Mr. Mark Fisher a...if you would
like to because we can't force him, clarification as to why he has misquoted
you on the record.
Mr. Plummer: May I. Excuse me, are you finished with Mr. Bello?
Mayor Ferre: I am.
Mr. Plummer: May I ask Mr. McCullough to come to the mike?
Mayor Ferre: Well, now, Mr. Plummer, yes, I think out of courtesy to those
who wish to present positions here. What I would like to do before we get
into the question period, let everybody make their presentations according
to... and you can go right ahead and make your presentation and then after
that we will get into a question and answer.
Mr. Plummer: Well, Mr. Mayor, I was hoping that the things that I brought up
now would be addressed in their presentations to give them the chance of
rebuttal.
Mayor Ferre: All right, why don't you go ahead then and ask your questions so
that they can be addressed, but briefly so that...
Mr. Plummer: Well, Mr. McCullough in a letter signed by Dr. Britton which I
assume you had a great part in, there is an indication that the Anna Brenner
Meyers has a facility of which you had has a conflict with being used by other
governmental agencies. Reading from this letter there is also a concern that
the role of the new access corporation may well be in conflict with the
understanding in which the school system and the County enter into a
intergovernmental agreements under which we have jointly developed the cable
television access project. Reading from the article, I will have to find it
in the paper. It gave the impression that the Anna Brenner Meyers facility
was not in fact desirous of such. Would you in your presentation please
clarify that for me ,please,
Mr, Don McCullough: Mr. Plummer, I think the portion you mentioned in terms
of the conflict between the present arrangement between the County and the
school system for the use of Anna Brenner Meyers, That is not really germane,
it doesn't affect. It was directed to the County sir and that would not have
any affect on the City. I think the real problem at the moment is that as
trust we were asked to serve as sort of his trustees for this new cable access
corporation and as being trustees we want to be responsive to what the City
charged us with originally and in this case we are dealing with,,, this is a
gI 62 September 12, 1985
•
portion of our letter referring to public access and where we are is Mr.
I
Plummer is there appears to be a difference in definition as to what public
access is. We have operated..: there is in the City's promises or proposals
and in the County ordinance we talk about three kinds of access. One, is
governmental access which is obvious. One is educational access which is kind
of like you used to call educational television. It's a rather broad range of
educational, cultural, and informational programming. So) you have got
governmental and you have educational access. The third kind of access we
talk about as a subgroup of all access is public access and that's the kind
where people come in off the street, people have an idea) a poem, a
presentation, a documentary to produce) come to this non-profit corporation
and say here I have got this idea, I would like to produce it. They don't
have any government affiliation or any civic or institutional affiliation.
They come as individuals. So, there is three kinds of access as we have
understood it. Government access, educational access and public access. Mr.
Plummer we have not done that kind of public access. I believe your manager
and your staff are referring to public access is a big generic topic. It's a
x big... and we said that we are doing governmental access and educational
access, but we don't know if there is a provision and all we are saying is we
want to bring that to your attention. We don't know if there is a provision
for the different kind of narrow kind of public access in which individuals
themselves produce programs, rather than institutions or government. So long
as we don't have any brief one side or the other Mr. Plummer. We want to be
responsive to what our charge was and we wanted to bring that to your
attention and a part from that whatever your decision is, of course, because
that's the City's right and responsibility.
Mr. Plummer: Well, reading from the article Don, in it I'm quoting. "Dade
County School Superintendent, Leonard Britton on Monday wrote a strongly
worded letter protesting the City's plan to leave access programming to Dade
County.
Mr. McCullough: I didn't read that as a strongly worded protest. I read it
as a letter.
Mr. Plummer: Well, you see, that's what I'm trying to get clarified.
Mr. McCullough: I read it as a letter drawing the attention of the two
managers to some things that we thought were perhaps not as obvious as they
might ought to be and we wanted to do... as our trust job as a trustee for the
Cable Access Corporation and the charge you gave as originally was to try and
bring that to your attention and whatever you decide to do, great, but
that's... but we see that that piece of public access, that very individual
which the Miami Cable Access Corporation had to have a very strong interest in
may not be covered in this change.
Mr. Plummer: I understand what you are saying. Now, obviously, the writer of
the article did not and I want to go on the record that some approximately...
was it two years ago?
Mr. McCullough: Yes, sir.
Mr. Plummer: That you invited me down there to..
Mr. McCullough: Yes, air that's true.
Mr. McCullough: That's right
Mr. Plummer; ..e inspect the facility, to go all through the studios, the
sound equipment, the mobile facilities. The satellite facilities and it was
your suggestion at the time that the City of Miami strong consider using the
Anna Brenner Meyers facility with it's Miami Cable T.V. Am I making a correct
statement?
Mr. McCullough; Yes, air you are.
Mr. Plummer; All right, sir.
Mayor Ferre; Wait a minute, let me answer that.
gl
63 September 12, 1985
•
Mt, Plummer! Excuse me; let me finish please.
Mayor Ferre! Let me add just one sentence to it.
Mr. Plummer: Go ahead:
Mayor Ferre: I was down there also at the inauguration of a radio program
about a year ago and I think the same statement was made to me. These are
tremendous public facilities that remain unused in the sense that capacity is
much more than it is presently being used and that it's just a shame that we
can't use them more. So, that certainly one of the things that I clearly
understood.
Mr. McCullough: Well, if 1 can respond to that part. 1 think in time it was
a little over two years ago Mr. Plummer and we were in the very starting
stages. That's facility has grown wildly. We are probably producing more
programming now than any place in the Country. There are dozens and dozens of
organizations and stuff going through there every month and at this point, I
think about a month ago I responded in a letter to, I think it was Ms.
Smoller, that said that we would be glad to help in anyway we could in the
beginning, but we do not have the capacity to take over the entire thing that
I think was originally promised or suggested by the City and by the County.
I'm talking about volume now. I think that in the future if City's full
desires for what it said in the ordinance in terms of programming is still
what you want you are going to have to recognize there is going to have to be
more facilities and that's all it said in the letter. You can't do it from
one facility. You are going to need more and that probably if you want to do
all those things that you wanted to do in the original ordinance, I doubt that
with the number of dollars and support that's available at this time, that you
are going to be able to do all of those things and so long as that's ok,
that's fine.
Mr. Plummer: Well, I just want it on the record that as of two years ago I
was invited down by you and it was the suggestion after touring the facilities
that the City strongly consider the possibility of using those facilities and
I think that's it's strange that we cycle history in two years that we are now
going to be using that facility which you and I looked into two years ago.
Thank you, sir.
Mr. McCullough: Yes, sir.
AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED.
42. PRESENTATION; KEY TO THE CITY GIVEN TO HONORABLE MOHAMED . ZIAN, INTERIM
MAYOR OF RABATT, CAPITAL OF MOROCCO- REQUEST SISTER CITY STATUS FOR "CITY
OF ACADIER, KINGDOM OF MOROCCO".
Mayor Ferre: All right, I think... we are going to have to interrupt the
proceedings at this time because we have a distinguished guess. I thought he
was here because I was to follow the proceedings here, but evidently he
must leave and at this time ... do we have a photographer Marjorie? Did you
call? We have a distinguished guess who is the president of the Justice
Commission and a distinguished visitor from Rabatt, the kingdom of Morocco.
He is the President of the City Council in the Capitol of Morocco and he
honors with his presence. Ladies and gentlemen, would you help me welcome the
Honorable Mohamed A. Zian to this community. While the President of the City
Council of Rabatt is here and Mr. Victor Asria and others in this community
and I have been following with the government of Morocco and also with the
government... and through our own ambassador and Ambassador Reed who is now
assistant to General Vernon Walters at the United Nations has done a wonderful
job. There has been a recommendation that the City of Miami request a sister
city relationship with the City of Acadier which is on the Atlantic Coast and
I would like to recommend that this Commission take that position and I would
like for a motion to be made to that extent.
Mr. Plummer; So move.
gl 64 September 12, 1985
Mr, Perez! Second
Mayor Ferre:Moved and seconded, the City of Miami officially request a sister
city relationship with the city of Acadier in the Kingdom of Morocco, further
discussion, call the roll►
The following motion was introduced by Commissioner Plummet, who
moved its adoption:
MOTION NO. 85-918
A MOTION OFFICIALLY REQUESTING A SISTER CITY
RELATIONSHIP WITH THE CITY OF AGADIER, MOROCCO.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Ferre: I think a member of this Commission must take responsibility to
that. I will ask for volunteers if anybody... Plummer you said that you...
Mr. Plummer: I will be happy to Mr. Mayor.
Mayor Ferre: You have any problems?
Mr. Carollo: With Plummer? No. But I would suggest Mr. Mayor, that... we
did this once before and then when we had two additional members of the
Commission it kind of, you know, went by the way side that we assign
individual members of the Commission to be responsible again for the different
sister cities that we have. The last time as I recollected, several years ago
I was responsible for Santiago and Buenos Aires, but you know, may be some of
the Commissioners might want to change some of the cities around.
Mayor Ferre: I don't care how it's done or which one of these cities you...
and if you would like, I have no problems.
Mr. Plummer: I have no problem.
Mayor Ferre: You guys work it out. Whoever wants to be... somebody on the
Commission has to take responsibility.
Mr. Plummer: I will be happy as a state representative of the sister city
group to at least start the necessary procedures and with that, if any other
member of this Commission wishes to be the direct representative, it's fine
with me and I will be happy to serve as such if no one else.
Mayor Ferre: We will... you will be work with Victor Assria who has
volunteered and since he is from that part of the world originally a
neighboring Country I think... and since he has shown his ability and
expertise with the wonderful job he did both in Spain and in Nice. I think we
are in good hands. So, Mr. Plummer if you and Mr. Asria would work together
and I will be happy to draft a letter to the Ambassador and to the Minister to
see if we can officially request this, we will be on our way. Thank you very
much Mr. President,
gl 65 September 12, 1985
." .aA6i6Aj6"aaiii9Aa."A,6Ad&.46-a2 Z6.ai ;&."::deg.
43- (CONTINUED DISCUSSION): SECOND READINGORDLONCE! AMEND CABLE
TELEVISION ORDINANCE 9332 (See label Nos 41# above),
Mayor Verret All right# we are now back to the item that we interrupted and I
will recognize people who wish to address the Commission on this issues Yes#
sir# your name and address for the record.
Mr. Terry Kelly: My name is Terry Kelly. I'm a Vice=President at Miami Dade
Community College and currently the Chairman of the Board of the Miami Cable
Access Corporation. About three and a half years ago the City officials asked
the higher education community in Miami and the Dade County Public Schools if
they would lend personnel to form an initial board to oversee and to start
planning for public access within the City of Miami responding to the set of
ordinances that were put forward. That group responded and there is a
representative from every higher education institution in Miami and from the
Dade County Public Schools worked, I think, in good faith and diligently to
try to execute what the City was asking. We had terrific cooperation from the
City of Miami up until the last several months in which we really have had
virtually no communication and I have to tell you the board was somewhat
disappointed not having been informed at all that they were to be dismantled
on first reading this past July. So there is a feeling of disappointment that
you asked us to serve. We came together. We followed the bench marks. We
followed the guidance and we thought we were fully executing what the City
wanted. We certainly understand change of circumstance and so forth, but we
were always willing to work in anyway in order to make what the City initially
wanted. Nevertheless, a couple of facts. One, we now do exist. We are a
duly formed corporation with bank accounts and investments and accounts and
attorneys and staff and furniture and so forth. So, we are going to need some
help from the Commission as to how we can orderly fold out this corporation
that you all asked us to build and there are some issues that I think you need
to be aware of because in addition to following the ordinance, you also asked
us to enter into a separate contractual agreement with the City which we did
and so there does now exist a contract between the cooperation and the City.
Now, as a group we have several concerns. We are not saying that public
access might not work from the County's standpoint, but we certainly think
there is not clarity on definition of what is meant and so your original
intent may not be the current intent of the County. We think there is still
questions about funding, questions about commitments from the other various
cable franchises that would have to be involved and whether there will even be
any channel space or not. So, I think you need to be aware that as it stands
today, if there is still intent to deliver on public access to the residents
of the City of Miami, there are a lot of unanswered questions about that, but
more importantly to me at the moment is asking you to help us resolve these
contractual issues that we have as a result of being formed. Now, I would
like to ask the attorney that represents from the firm of Steele Hector and
Davis to tell you what those issues are because I find them to be very
important. I'm going to ask Tom Julin to do that.
Mr. Dawkins: Mr. Mayor, before we go any further. Being an employee of Miami
Dade and Miami Dade is against this and I wouldn't want it to appear as a
conflict of interest in that, so I'm going to ask for the right to abstain
from this.
Mr. Kelly: I'm not against.
Mr. Plummer: Well, I honor that, but wait a minute, let me get the record
clear, I don't think Miami Dade is protesting. This gentlemen works for
them, is a member of Cable Access and also a member of Miami Dade, but Miami
Dade to my knowledge has not expressed either way or any thing as it relates
to this change,
Mr, Kelly; Our President Mr, Plummer did write to the Mayor and asked that
there be a delay in this matter until such time as these issues which you are
about to hear would have some time to be adjudicated.
gl 66 September 12, 1985
t
Mr. Plummer; Mr. Kellyt there is a big difference in asking for a delay and a
protest.
Mr. Kelly: Yest I don't want to in anyway convey that I ..
i
Mr. Plummer., Not I just want to make the record clear,
Mr. Kelly: I want to make sure that I'm not against it. We have always been
trying to work in terms of how you wanted us to work. What I'm trying to say
now is you created us in a sense and so please help us... dismantle us in an
orderly fashion so that we as board members can be fully protected.
Mayor Ferre: I think that is a proper request that if it is the will of the
majority of this Commission to proceed in this direction that it be done in an
orderly and reasonable way. I think that's perfectly within order: Are there
"
any other speakers?
Mr. Thomas R. Julin. Mr. Mayor and Commissioners, I'm Thomas R. Julin of
Steele Hector and Davis. The firm has represented the Miami Cable Access
Corporation since it was first formed and we have been asked to provide them
with advise as to what their contractual rights are and what their obligations
are as members of the Board of Directors of this corporation. You have to
start in the first instance with the ordinance that you now have in effect and
I think that something that is being overlooked that the...
Mayor Ferre: Excuse me, Mr. Manager could you have somebody put some order
back... you know, we are getting too much noise.
Mr. Julin: There are two sections of the ordinance which would be repealed by
the proposed amendment. The... and it's significant what those sections do.
They require Miami Cable Vision to provide two million dollars for a facility
for public educational and government access channels. It also requires Miami
Cable Vision to provide one million dollars for salaries for personnel to
staff those facilities. In addition those sections of the ordinance now, in
effect, require that three per cent of the gross revenues be paid to the City
of Miami. That at least twenty per cent of that three per cent be paid to the
Miami Cable Access Corporation directly. Now, the contract that the City of
f`
Miami entered into with Miami Cable Access Corporation requires that the City
pay those funds to MCAC and if also requires that the City enforce the
ordinance against Miami Cable Vision. This contract has been in effect since
July 24th of last year. Yet there have been no payments other than the
initial two hundred thousand dollar start up fee which has been used for
planning and developing a very elaborate program for establishing the Miami
Cable Access Corporation.
Mayor Ferre: And your point is what? That we owe you money.
bXL Mr. Julin: My point is that the City does owe a substantial sum and by merely
amending the ordinance cannot release Miami Cable Vision from its obligation.
Over the life of the contract it's fourteen million dollars.
Mayor Ferre: Has the sum been established of what we owe you?
Mr. Julin: Yes, it's very clear from the contract. It's two hundred thousand
r:`• dollars minimum annually, plus two million dollars for a facility.
Mayor Ferre: And you have expended that? You have expended the two million
dollars?
r
4 Mr. Julin: No.
Mayor Ferre: Oh, you haven't.
Mr. Julin; There was an initial two hundred thousand dollars payment by Miami
3iY
4 Cable Vision which was a separate provision of the ordinance and then each
year there is an additional two hundred thousand dollar minimum payment.
' There is a one million dollar payment that is required by Miami Cable Vision
'. for salaries, for public educational,.
gl 67 September 12, 1985
i
Mayor Ferret Counselor what you are doing is repeating what the contract
provision says which you are reading that into the "record I guess or restating
into the record.
Mr. dulin: No, no, I'm trying to establish that the proposed amendments would
release Miami Cable Vision from these obligations. 'that's why I think the
Miami Herald has reported that this appears to be pulling the plug on public
access because.., and the other problem is that the County, Mr. Bello, has
told us repeatedly that the County would not provide any public access under
the proposed plan. They would provide educational and governmental channels.
Mayor Ferre: Well, let's go over the issues. The City Commission is the
governing body of the City of Miami. The administration administers the City.
This is an important issue. The administration has dealt with and has come up
with a recommendation. Obviously, you clients disagree with that
recommendation. You are here, I assume, arguing why we should not do this
even though I haven't heard that yet and I think what you are telling us is
that your clients have certain legal rights. We are aware of that. We have a
City Attorney. I will be asking... Now, we don't want to do anything that is
illegal. I'm sure Congress has the right to change laws and the legislature
has rights to change laws and the City of Miami has rights, this legislative
body, to change policies and regulations and laws. What as I understand the
administration is doing is passing the responsibility and some of the sources
of income to Metropolitan Dade County so that the approach can be under
community basis rather than through City basis. Now, I read Senator Meek's
political statements in the newspaper and that's fine. Senator Meek is a
politician and she is entitled to make political statements. I think whether
or not it sheds heat or light is another matter. The issue before this
Commission is whether this is a wise move for the interest of the people of
Miami and that's really what I would like for the people who are here as
opponents to address. Now, you can use your legal arguments, you can say for
court and you can tell the judge after you put in a lawsuit as to whatever it
is to enjoin the City. We are here trying to decide whether not we are going
to follow the advise of the administration who is recommending a solution to
what is perceived to be a problem.
Mr. Julin: I don't mean to make legal arguments. I merely want to point out
that the ordinance purports to be transferring this from the City to the
County. In fact it does not do so. What the affect of it is is to eliminate
public access channels and to eliminate the requirement that Miami Cable
Vision provides support for public access channels. That's the problem here
and as I say the County has repeatedly told the board of this corporation that
they will not provide the same services. Indeed, they couldn't because they
wouldn't have the same funding that your ordinance now in effect requires.
Mayor Ferre: That's your statement, but I understand that the County is
willing and ready to testify differently.
Mr. Julin: I don't think that's the case. I think Mr. Bello has made his
case perfectly clear.
Mayor Ferre: Mr. Bello, come back again and let's get this straight now. Is
the County going to provide public access?
Mr. Bello: We feel that everyone in the community is at one point or another.
Whether they have different ideas, they all belong to a certain community
group. If you are against apartheid you belong to a certain group. We allow
those groups on and we allow any members...
Mayor Ferre: Let me ask you this Mr. Bello. We have Channel 2 which is and
we have channel 17 and we have different public television stations that serve
different constituencies and purposes. Now, if I want to go on Channel 2, I'm
sure I can do it provided I go through an organization and an organized group
that has access and I can make any kind of a statement that I want as long as
I don't violate certain rules and regulations of the FCC. Now, and I know I'm
going to get in trouble. I guess I'm just an old hand at getting in trouble.
Yes, here I go again. I want to tell you and this is... and I know the ACLU
is going to be all upset, but I need to tell you how I feel about public
access. The newspapers have a lot of fun saying that my pornography ordinance
came out of a trip to New York. That is totally false. I started an that way
Bl 68 September 12, 1985
I * V
before I went to flew York and way before at the Carlyle Hotel I saw that
program) but what I saw and I will put it into the record) describe it to you
again) is a public access show and in that public, access show Jack or whatever
his name is and his friends sit around in the nude talking about the different
ways to have oral sex# anal sex and other kinds of sex and what the best way
for this type of a thing and who# you know) and all these descriptions and
playing around with themselves, literally) right on television which besides
having no saving social grace or artistic grace was frankly, disgusting# you
know. Now, I don't mind nude men and women and I don't mind shows that show
explicit sex and all that) but that public expression in the public access
show of these people cohorting in public...
Mr. Carollo; What hour of the day or night did they have this program, sir?
Mayor Ferre: They put it on all the time. Iton all the time. They
have... it's the public access channel and they particular show that I saw was
around 11:30. I had come back with my family and I wanted to catch the news
and I just happen to run across this and I just couldn't believe the ugliness
of these people. That is what caught my attention, is the ugliness of these
horrible looking people! ... you know, doing the most unbelievable things
right there in front of a television camera! Now, the only thing that
concerns me, I've got to tell you very honestly, in public assess, is the
manipulation of ideas and the manipulation of things. The newspaper story
says that ... in the non -newspaper of Miami, it says that Gary Smith ... he is
the Executive Director ... Mr. Smith? Where is Mr. Smith? Mr. Smith says the
Commission does not want ... Mr. Smith now knows what is in the mind of the
Commission. Mr. Smith says "The Commission" ... he doesn't say "I think the
Commission". This is a statement of fact! "The Commission does not want
people getting up and expressing themselves, or perhaps opposing something the
Commission did". "To my knowledge, no other City has ever turned against
access", so he doesn't say that is is my opinion that I think the Commission
... he is making a statement of fact! "The Commission does not want people
getting up and expressing themselves or perhaps opposing something the
Commission did". Fact, says Mr. Smith. Now, what I am concerned, it is my
opinion that it is Mr. Smith and people like Mr. Smith, and with all due
respect to my good friend Clark Merrill - where is he?Where is fading away
Cark Merrill?
Mr. Plummer: He faded.
Mayor Ferre: ...and my good friend, Clark Merrill, who is enthused with the
idea of dealing with the public by taking polls or by having data information
and impacting on public opinion through this process. Now, I am scared of
that, because I don't like a Big Brother approach of any sort, and I just
dread the moment or the idea, when a corporation, public access, or otherwise,
will have the opportunity to manipulate, through these types of data boxes or
access, so that you can press a button and vote one way or another. I just
think that the portent of that and the direction, it is horrifying. Now,
Metropolitan Dade County is going to deal with it. If this thing passes, we
are not eliminating the problem, we are just passing the problem to someone
else to deal with and question therefore, to me, is one, is this proper? Will
the public's interest be maintained by Metropolitan Dade County? Is the best
of interest of the people of Miami, as well as Metro, served and will they
serve the best interest of the people of Miami, and are we in effect, letting
somebody off the hook, or are we progressing? I think that the recommendation
that the Administration has made, as I have read it, seems reasonable in
nature. I am willing to listen to those who want to tell me why it is
unreasonable, provided that it is done without these de facto statements of
what I am thinking and what somebody thinks I am thinking, rather than an
expression of what they think I am thinking.
Mr. Kelly: If I could just respond briefly, Your concerns are real legitimate
concerns, obviously, I am sure that the Commission had the same concerns when
the ordinance was initially enacted - I would think you had the same concerns.
Mayor Ferre; And I so expressed on the record and made part of the
resolution, as you are well aware,
Id 69 September 12, 1985
Mr. Kelly! And accordingly, a part of the ordinance requires that
representatives of the higher institutions in this community, the University
of Miami, Florida International, Florida Memorial, Miami Dade = other colleges
and universities in this area, have distinguished representatives who have
been working on this Board for three years, spending hundreds of hours of
professional time.
Mayor Ferree Won't the County do the same thing?
Mr. Bello: Mr. Mayor, as a matter of fact, the County has issued a
letter from the City Manager and the County manager and asked all of those
members of the MCAC Board to join the County and to be part of the new
corporation.
Mayor Ferree I think you are just making a mountain out of a mole hill. I
think the County is going to do the exact same thing the City is doing.
Mr. Kelly:
The
County has
told us they will not. Mr. Bello has told us that
the County
will
provide no
public access to cable television under their plan.
They want
the
MCAC Board
to join with them, but Mr. Bello has told me
repeatedly
that
there will
be no public access under the County plan.
Mr. Plummer: Mr. Bello, would you clarify ... it is simple! Mr. Bello, are
you going to allow public access under the County plan?
Mr. Tony Bello: We will.
Mr. Kelly: Mr. Bello doesn't tell you though, what he means by public access.
Air. Plummer: Did you hear his answer?
Mr. Kelly: He is telling you public access, but lie means that they will
provide educational and governmental, but there will be no first come, first
serve.
Mr. Plummer: He didn't limit it! Now, if he wants to limit it, and say that
000
Mayor Ferre: You mean like Jack, and his fellows - you know, talking about
.
Mr. Kelly: The Boy Scouts, the ACLU - anyone who wants to come in.
Mayor Ferre: I've got a problem with Jack.
Mr. Plummer: Jack who?
Mayor Ferre: Whatever his name is! Jack and his friends. No, not you, Jack!
Mr. Carollo: Wrong Jack, huh?
Mr. Kelly: That is very clear. The one thing that is clear is that the
County will not provide that type of access.
Mr. Plummer: Sir, he has stated on the record he will!
Mr. Kelly: Well, if you believe that he ... that the County is representing,
because he says that, that they are going to provide first come, first serve
services, you are wrong, and I would ask Mr. Bello to clarify that.
Mr. Plummer: Mr. Bello, do you work for the County Manager?
Mr. Bello: Yes, Sir.
Mr. Plummer; Do you speak for the County Manager?
Mr. Bello: I think I do.
Xre Plummer: Are you stating for the record that you are going to allow public
access?
0 70 September 12, 1905
Mr. Bello: Yes, sit,
Mr. Plummer: Thank you! NOW, I may I pursue something else?
Mayor Ferret Well, but J.L., I understand his point. I understand his point!
Mr. Plummets I understand his point, but he didn't limit it. He heard his
paint.
Mayor Ferret He wants total public access on a first come, first serve basis.
I've got to tell you, I didn't know we had that, because if I had known we had
that, I've want to tell you, I would be opposed to that, and I am opposed to
it right now, and if this thing survives, if MCAC survives, I am going to make
a motion that we immediately change that. I am not for that. I am absolutely
not for that. I don't mind the Baptist ministers, as an organized group,
speaking before the Commission. I don't mind ACLU coming before us. I don't
mind the Communist party coming before us, or the Nazi party, or the KKK, but
I am sure not going to have an operation where anybody who just walks off the
street can take off his clothes and tell its what the best way to have oral sex
is, but just have access to the ...
Mr. Kelly: And in the course of eliminating that, you are releasing the cable
company from a $14,000,000 obligation.
Mayor Ferre: That is another issue. That is a separate issue.
Mr. Plummer: Okay, let me. Counsel, please, if I may ...
Mr. Carollo: It is my understanding that the cable company will be paying a
fee to Dade County, won't they?
Mr. Plummer: Okay, that is what I want to ...
Mr. Carollo: Am I correct or not in that?
Mr. Plummer: That is correct - 1%.
Mr. Bello: The item is before the County Commission at a public hearing on
Wednesday.
Mr. Plummer: Counselor, the City has paid only $200,000 and you are correct,
under the formula, would be entitled to more. May I ask, sir, of that
$200,000, how much have you spent?
Mr. Kelly: I think it is $150,000.
Mr. Plummer: In other words, you haven't spent all that you have, and there
has never been a need for more at this present time.
Mr. Kelly: There is immediately a need for more to do public access
programming.
:.
Mr.
Plummer: There
was also a need established by your committee last year,
as
I recall, in the
cable budget of last year, of approximately $1,000,000 to
build
a facility and duplicate the already existing Anna Brenner Meyers
facility.
Mr.
Kelly: It would
not be at all duplicative and ...
Mr.
Plummer: But it
would be a duplicate facility!
r
k
Mr.
Kelly: No, it would not.
:. Mr. Plummer: It wouldn't?
Mr. Kelly: It would not, and there are people here that explain to you
exactly what Anna Brenner Meyers facility can provide. There is a small room
now that is available in that facility
14 71 September 12, 1985
4.
Mr. Plummer! Wells you also heard Don speak about the possibility if the need
existed for expansion,
Me& Kelly; There are people here that can provide you with details about what
s:
that facility can provide: it cannot provide .a facility that would be
equivalent to a $2,0000000 facility.
Me, Plummer,. Oh, oh, I am not arguing that! Nor, would it be if it was a
$4,000,000 facility, or a $6,0000000. You can have Jack and friends and
friends and friends, whoever, Jack is, okay? And also for the record, sir,
just so we understand = there was a requeo-At from our Fire Department this
year, for almost $100000000 to establish an access facility, for just the Fire
Department, and we know that the City was going to be asked for another
$10000,000 to establish one for the Police Department. I was one that stopped
that action and asked the Fire Chief to go immediately and inquire about the
use of the facility at the Anna Brenner Meyers. That was mine, because of my
visit with Don McCullough, okay? Now, that is the only thin. ... one other
thing, sir. That 20% of 3% that you spoke of has now been eliminated by the
F.C.C. That 3% does not exist.
Mee Kelly: No, it hasn't. It has not.
Mr. Plummer: Excuse me, sir. Was the F.C.C. ruling eliminating 3%?
Mr. Kelly: No, it did not eliminate the 3%•
Mr. Plummer: Did it not eliminate the five plus three %? It eliminated the
-
3%.
Mr. Kelly: No, there is now a Federal cable communications policy act in
effect, and it exempts the required payment for public educational and
governmental services and facilities, so you can still impose your 3% fee and
you are not in violation of any Federal law.
Mayor Ferre: All right, well thank you very much for your statement. Are
there any other statements to be made? It is 12:15 P.M.
r,
Mr. Kelly: Mr. Mayor, can I just say one thing that I want to be clear. The
intention of the Board was never to be an adversary board, it was to work with
the policies and the City Commission and I really think we did that. We were
not in ... if there were policies or directions or guidelines that this
Commission would impose on the M.C.A.C., we were there to serve at your
pleasure. The only thing that I thought we needed to do to be responsible wits
to say that we do have a contract and there are some issues and they can,
�.
however those legal issues get resolved, but we do have that as a contractual
ry
agreement today. Our notion was to serve the City of Miami and I would not
'
like the members of the Board to be reflected any way other than trying to
serve the best interests of the City of Miami. I think they did that. We are
just trying to look for a little time to orderly close it out.
Lr;
{
.`
Mayor Ferre: Look, I don't think there is any question as to intentions, at
least not on part, that people are doing this on an honorable basis, okay?
Nor, do I think there is any question that we are trying to let anybody off
the hook, and if that is the case, I think we need to get into that issue.
Nor, that we are not trying to follow due process in folding this whole
operation over to the County. I do think that a better public purpose is
ur
}
served b letting all of this be handled b one
y g y government agency. Now, I
l
don't mind to reverse it, if we can convince the County to do it - let us do
the whole thing for the County if they want to give us the ... but I think
ter,,
they are the umbrella government and I think they are the ones that we need to
do it for us. Now, does the Administration want to add anything else to the
:<4
recommendation?
Mr. Pereira: No, Mr. Mayor.
Mayor Ferre: I think there is a queston,...Senator Myers, I see you sitting
down there,.* yes, but I've got a question. If we get into a lawsuit, I think
your firm needs to indemnify the City of Miami, and I think Metropolitan Dade
County needs to indemnify. We are not going to get to this thing without some
kind of coverage. You guys are going to take it over, you are going to take
over our responsibilities too.
ld W September 12, 1985
Mr. Plummert Well, we are paying them a fee for it4
Mayon Ferret You bet!
Mr. Plummer: It is a contractual agreement.
Mayor Ferre: You bet, 1 mean I am not going to get into a lawsuit here) which
you know is coming, or may be coming.
Mr. Plummer: Let me ask one other question of the Manager. Mr. Manager, you
sees people are forgetting that about two years ago, I came to this Commission
and told them about that dirty old monster) Metro was instigating some rules
and regulations where they are going to be under home rule charter, entitled
to so much of a percentage of every cable television system in Dade County)
and I tried to get a fight started to fight that. It wasn't possible, and
Metro prevailed. My question to you, Mr. Manager is, that if for some reason,
the concerns of those expressed here today, that cable access is not granted
through the County, that we can break that contractual agreement.
Mrs. Dougherty: We have not entered one yet.
Mr. Plummer: Excuse me?
Mrs. Dougherty: We do not have a contract with the County yet.
Mr. Plummer: But it is going to be ... isn't it going to be under a
contractual agreement?
Mr. Pereira: Yes, it will be under contractual agreement.
Mr. Plummer: And as such, if what has been said here today is not ...
Mr. Pereira: Have to take it over!
Mr. Plummer: ... we can take it back? All right.
Mr. Pereira: Yes.
Mayor Ferre: Let me also understand, because you know, once we give ... we
have been through this process with the library, with the Water and Sewer
Board, and with the incinerator. Once we give it Metro, you know, we can't
get it back!
Mr. Plummer: Well, Mr. Mayor, there is a big difference. We gave to Metro,
for example, the Water and Sewer, a $400,000,000 gift, and the only proviso
that we placed in that gift was that if at any time they vacated the facility,
they reverted back. Likewise, the same thing existed with the libraries that
we gave to them as a gift, that if the property was ever vacated, such as the
one down on Biscayne Boulevard, it reverted back to City ownership. This is a
contractual agreement for services.
Mayor Ferre: Okay, but now, Mr. Manager, is this an ordinance at first
reading?
Mr. Plummer: Second.
Mr.Pereira: Second.
Mayor Ferre: Mrs. Smoller - Sue Smoller, my concern about pornography and the
little black boxes and polling and all that kind of stuff, is that somehow
incorporated in all of this?
Mrs. Smoller: Mr. Mayor, in a sense, it is.
Mayor Ferre: Well, tell me in what sense it is and what sense it is not.
Mrs. Smoller: In this sense in that the public access programming - in two
ways. First, in the public access programming and educational access
programming that the County will be performing - it is already doing the
Id 73 September 12, 19B5
r
public access of the type that t think that you alluded to as being beneficial
to the community, the community group - Little Havana Chamber of Commerce.
That is the type they are doing already with organisations.
Mayor Ferre: t am not worried about that.
Mrs. Smaller: That is right. The other type, as Mr. Bello has said, and
again, public access Ito to very large term, and the walk in soap box access,
the rules and regulations of Bade County, at this time, do not encourage that
particular type of access, and if that is the kind that you are worried about,
no that will not occur.
Mayor Verret This show I am talking about in New York has become nationally
fatuous. Everybody knows about the darn thing, and you know, the way this show
came about, was just a group of people - I don't know what the purpose of it
is, I guess shocked, but it still going on, you know. Every once in a while
this fellow Jack brings his friends down and has this little show!
Mr. Carollo: Do you check it out every time you have gone there, Maurice?
Mayor Ferre: Yes.
Mr. Carollo: Still on, huh?
Mrs. Smaller: I very clearly understand your concerns, and I am sure Mr.
Bello understands them very well, and certainly the !dCAC has heard them and if
they are not addressed they won't exist.
Mayor Ferre: See, the City of Miami is not doing this capriciously and
arbitrarily. We put it on the ballot! You know, the non -newspaper and that
other bump on a log down there that lives off of the non -newspaper ...
Mr. Plummer: Willy don't look like a bump on a log!
Mayor Ferre: What is the name of that other guy? I always have a mental
block with his name.
Mr. Plummer: Klunkenberg!
Mayor Ferret Klunkenberg, yes. Klunkenberg?
Mr. Plummer: Kleinberg.
Mayor Ferre: Kleinberg! Kleinberg doesn't seem to want to believe it.
Mr. Plummer: Boy, are you going to get a lot of free publicity on this
campaign! (LAUGHTER)
Mayor Ferre: I could care less. My opinion of Klunkenberg, he knows what I
think of him! And I know what he thinks of me, because he writes it all the
time.
Mr. Plummer: Mayor, you have got to say one thing. He is not a member of the
non -group!
Mayor Ferre: Right.
Mr. Plummer: They didn't invite the Daily News to be a member of the non -
group!
Mayor Ferre: That fellow wouldn't be a member of many groups. Anyway ...
Mrs. Smaller: Mr. Mayor, you had another concern, and that was not polling.
Mayor Ferre: Yes, but Sue, I am getting to Klunkenberg's point on all of
this, see. He keeps referring to this thing, but he doesn't want to ever
admit that we put it on the ballot, see? ... and the problem is, that he is a
good old fashioned 1950 American liberal, okay? ... and the good old fashioned
1950 American liberals don't want to recognize that when people express
themselves, then you know "Well, that is not a fair test, because it wasn't
14 74 September 12, 1985
r7
enough of a vote" and this and that. You knowf and then when it passes) then
it is fair is fair* but if he is on the losing side, he doesn't want to
recognize the public has spoken on this. The City of Miami has spoken. They
do not want pornography on their cable television. Now) I am asking you, on
the record) how the County is going to protect the will of the people of
Miami, not this Commission!
Mrs. Smoller: Through its operational rules and regulations) sir.
Mayor Ferret What guarantee do we have that those rules and regulations will
be mean anything?
Mrs. Smoller: Participation in drafting them, sir.
Mayor Ferree And suppose they decide that Jack... and have a little program
in the children's hour? Let's let the little kids know about all these
wonderful things that they could be doing! How are we going to keep that from
happening?
Mr. Carollo: We will make a motion barring Jack from Miami.
Mayor Ferret Well, how about Fuster, or whatever his name is? Okay?
Mr. Carollo: Well, they took care of him already.
Mayor Ferret Well, not yet, and I will tell you, there is a lot of them out
there, and that is what I am talking about, because Jack and his friends
eventually end up in being Fuster., and that is what I am talking about.
Mr. Carollo: Well, all that I want to establish for the record ...
Mr. Plummer: Would you clarify for the record - my left ear over here is
saying that you are supposed to be saying Jack and Jill, and your problem is
it is Jack and Jack.
Mayor Ferret Well, Jill was around too, but I don't know why she came into
the picture, because this was Jack and Jack. It was the Jack and Jack and a
Jill and Jill show!
Mr. Carollo: I just wanted to establish for the record, Mr. Mayor, that even
though you are trying to get credit for being the person to ban Jack, I was
actually the person to ban Jack when I made a motion to close down the nudist
beach in Virginia Beach. That is how it all got started! We banned Jack
there and then we banned Jack in cable television.
Mayor Ferret Yes, but you see, organizations like NOW, and a lot of these
feminist groups, are now totally opposed to pornography, because it has been
clearly proven in scientific tests and universities over the past decade, that
there is a direct relationship between pornography and between these types of
explicit sex shows, and rapes and abuses of children, and woman and other
people, and I just want to make sure that the will of the people of Miami that
has been expressed and has been expressed at the ballot box will be adhered to
and maintained in the public policy as Metropolitan Dade County would adhere
it. And if not, I want to know what regresses we have to it.
Mr. Plummer: That's what I was saying about the contractual.
Mr. Bello: Mr. Mayor, we have a program policy and as the new organizations
are going to be coming back from MCAC, those members will be broadening the
program policy and those policies reflect community standards and that kind of
thing.
Mr. Carollo: When you are saying community standards, the kind of community
standards that Maurice might have, that Jack might have, that Klunkenberg
might have, they might vary drastically.
Mr. .Bello; Well, the corporation will set forth a programming board to review
things of a touchy nature, and they will say, this is something that we can
put on, and no, it doesn't meet the standards of this community. And that
whole thing is in the process of development now. If we turn anyone away, the
id 75 September 12, 1955
County and the Dade County Public Schools, we are going to face the First
"`
z.
Amendment Issue on that, It is something that we +.+
Mr, Plummer: Let me ask this question. Ian't it reasonable to believe that
�.
if the five members of our present access committee (seven), are going to
become members of this other group, that they would be in fact, there
representing this Commission, and as such, would express views of this
Commission. Now, that to me would seem normal.
Mayor Ferre: In the same way that we put representatives of the Library
Board, and they represent the City of Miami.
Mr, Bello: The City of Miami will also have members of the staff as part of
the corporation, will reflect the Commission's ..
Mayor Ferre: Well, okay, I think we are at a point where ...
Dr. Nicholas Salio: May I address that one issue?
Mayor Ferre: Yes, sir.
Dr. Salio: I am Dr. Nicholas Salio, and a member of the MCAC. I am on there
as a representative from St. Thomas University, and I think that is the key
issue. As a representative of a corporation, which you have created in the
best interests of the citizens of Miami, which has worked diligently for two
some plus years to work out all of these things, and I read the last paragraph
of a letter that is addressed to the institutional presidents, from the joint
signatures of the County and City Manager:
"We invite you to join with the City and the County to develop the bylaws
of the new access corporation to serve the citizens of Dade County."
Our request and our presence here before you this morning is to say why should
you abdicate and give up what you have so diligently pursued with resources
and give us away when you could retain us and we are asking you not to not
take action, but simply to insure by deferring action, that we have a key
roll in representing the City of Miami Commission's interest in the joint
venture that you are proposing, which is still a proposal.
Mr. Plummer: Well, Doctor, I think the answer to that question is this - that
.�
is that we have never had to pay the County before a part of our fee. We now
are going to be having to give them 1% of that fee because of this Home Rule
Charter change setting the minimum - them having the access to that money, and
in return, we said "Okay, if we give you that money, what will you do for us?"
And I think, as I recall the answer was, we will take over your responsibility
Yt
pertaining to access, so in effect, we are paying 1 %, which we have not done
}
in the past, which we are going to have to do now and in return,
contractually, they are going to take over those responsibilities which have
been ... are you talking about millions of dollars in the future and we are
Y g
not going to be saddled with that obligation. I think that is my answer to
'
your question.
aT
Dr. Salio: But the process of negotiation is still in a dynamic state and if
sy
the vote you are taking, considering action on today is taken, this
'f
corporation will no longer be able to function and have any voice as an
established entity. It will pass into oblivion, and it will resurface, never
again as an entity which has worked together for two years , as something
completely different under the County. Now, this is not to malign any
;-
intentions of anyone, but you have a vested interest in this corporation and
4;
in the negotiations it ensued, we ought to be representing your voice and your
concerns for the citizens of Miami. This is what we are asking you to do, and
'
if you take this action today, we will no longer be able to do that, because
that tie is severed completely. You are taking a very finite action with
regards to the corporate structure itself. Thank you.
Mayor Ferre: Yes, Ma'am?
Me. Marcia Evans Hope: May I? Mr. Mayor, my name is Marcia Evans Hope and I
am a member of MCAC Board. I come as a citizen of Miami., also as the
representative for Dr. Britton on the MCAC Board, I think the point that Mr.
Id 76 September 12, 1985
Plummer was discussing with Nick is critical in the sense that we have not
only extended the $200,000, or some pants of the $200#000, planning and
setting up goals and objectives, but we have also gone through the process of
incorporating an entity, which again will be , we talked about duplicating
in programming for the two access corporations, if they were both to exist,
but I think there is also a mention of duplication of legal fees, etc., if
there is going to be a corporation formed that will provide the umbrella
services we are talking about for Dade County and the City of Miami, so it
just appears that the duplication of programming is one issue which we all
don't want to do, but also the duplication of the effort that is taking place
in terms of incorporating has to be addressed in terms of whether it would be
easier to just change the name of the organization and bring in the
representation that needs to be brought in from the County so that it is a
larger organization.
Mayor Ferre: I want to point out to you, you represent Dr. Britton.
Ms. Hope: Yes.
Mayor Ferre: All of Dr. Britton's schools are not in the City of Miami.
Ms. Hope: Exactly. We are all for the umbrella.
Mayor Ferre: F.I.U. is not in the City of Miami. St. Thomas University is
not in the City of Miami. University of Miami is not in the City of Miami, so
I think we have appointed a fairly universal group which really represents the
Greater Metropolitan area.
Ms. Hope: Oh, I don't question that.
Mayor Ferre: I really think the only issue is, are we fulfilling our
responsibility and to me, are we doing it properly, and what accountability is
there from the County long-term on what I think is especially is the expressed
will of the people of Miami in a vote on pornography.
Ms. Hope: Okay, the point I am making is the cost that is involved in
incorporating MCAC and getting that entity organized. It does not need to be
duplicated, okay.
Mayor Ferre: That is up to the County and you don't have any objections to
that, do you, to consider it? I will tell you, it is up to Merritt Stierheim
and the County Commission to make that decision. They are elected to
represent all of us and it seems to me that if I were them, I would certainly
take advantage of what you have done up until now and use that as a vehicle.
Ms. Hope: Okay, one more point. The other point that I think we sort of
talked around - Don was here talking about facilities, and I think that the
ordinance is being recommended for a certain parts to be deleted - 4, 2, 8,
etcetera, etcetera, and I think that one of the issues that needs to be
addressed is the cost of of the facility. If the access is going to continue
and grow, etcetera, and encompass both the City of Miami and Dade County, the
question is whether the dollars, or additional facilities will be provided
under the new arrangement with 1% from the City going to the County. Whether
that umbrella group will have adequate funding to provide the additional
facilities necessary, the initial ordinance talked about having access
facilities in several communities, the Hispanic community and the Black
community specifically, and I think that it needs to be addressed before you
delete any reference to the funding, whether that funding will be provided in
some other form.
Mr. Dawkins: Mr. Vice -Mayor.
Mr. Carollo; Yes, air?
Mr. Dawkins; The City Attorney informed me that I do not have a conflict of
interest. There are other individuals who wish to be heard on this, but I
don't know whether it would be repetitious of what you heard today or not, so �= I would like to make a motion that this be continued until the next meeting.
r z
Id 77 September 12, 1985
a
Mr. Carollo: There is a Motion that this item be continued until the next
meeting, is there a second? is there a second? Well, we will just wait
until the Mayor comes back in a few seconds.
Mr. Plummer: Mr, Manager, I have to ask you, and through you, to your staff)
if in any way you have changed your recommendation after what you have heard
here today.
Mr. Pereira: No, sir.
Mr. Plummer: Then I can't second the motion.
Mr. Kelly: Let me make just one other point .,.
Mr. Carollo: You are out of order right now. There is a motion before us.
Mr. Dawkins, would you like to wait for the Mayor to come back in a few
seconds or would you like to withdraw the motion?
Mr. Dawkins: No, I will let the motion stand and call the vote. I mean,
there isn't any withdrawal, because it didn't get seconded. It died.
Mr. Carollo: That is why I am asking you. Would you like to wait for the
Mayor to get back?
Mr. Dawkins: No, I will go with what it is. I will let it go.
Mr. Carollo: The motion has been withdrawn. I am going to rule as the Chair,
unless the Mayor changes his mind when he comes back, that we are going to
limit of this to a maximum of 10 more minutes of discussion before we take a
vote on it. Yes, sir?
Mr. Kelly: In the spirit again of trying to help you understand what a really
spectacular plan that was originally raised for public access in the City of
Miami. One of the technology parts of it, it was up to 20 channels that were
allocated for such use for government education public access. The reality of
it is probably all the discussion , it probably won't take place, but if there
is virtually no room on most of the cable systems that currently are in the
County system. We just went through a long debate, with Storer, who wanted to
take part of the education channel back, so the question ... that is why the
notion of having a little more time seemed to us to make some sense, because a
lot of those issues, if the City still wanted to make sure that their original
plan was going to be adopted by the County. Obviously, when all is said and
done, you need a space, you need a channel to air it and I think the question
is very much out on whether there is going to be any channel space on a
series of different kinds of cable companies that make up the total county
System. So, that is why we are asking for a little more time, if you still
wanted to see that your original plan would become part of the County. It is
not an adversary kind of thing. We are down here to serve at the City's
request. Those are some of the issues - the funding, the facilities, the
question of channel space, and the definition of access. If you are all
satisfied,we're satisfied.
Mr. Plummer: Well, Mr. Kelly, you have asked a reasonable question, which I
have not heard even an answer much, maybe a reasonable answer. Mr. Manager,
have you or your staff addressed the question he raised, is how to help them
dismantle this corporation. Now, you know, I understand there is legalities
involved, there is contracts involved and you just can't leave them - if we
dissolve in reality - dissolve that corporation, we can't leave them out there
hanging. Now, have you addressed that? Do you plan on addressing that?
Mr. Pereira: Yes, sir.
Mr. Plummer: He makes a very reasonable request.
Ms. Smoller; Depending on the will of the Commission, yes, the City has
considered plans with the Law Department and certainly will be ... it was not
appropriate to discuss with the MCAC prior to the Commission taking an action,
but yes, this has given us ... you know, we are concerned about this, and we
have every intention in working together in a constructive, orderly way.
14 78 September 12, 1985
:e•
Mr. Plummer: Well# I will speak for one, okay? We created them, We brought
them into existence and if we are in effect dissolving them, I would expect
that this City to fully# and I mean# 100% assist them to get them off of any
<w obligations or anything else that they have,
Mayor Ferrel Well# I want to tell you something# that my vote is conditional
on the City Attorney being satisfied with a proper document of indemnification
of the City of Miami, from and/or Miami Cable and/or Metropolitan Dade County.
We are not going to get into this thing in all of a sudden) have a lawsuit and
end up getting caught up in a mess and not# you know ... if we are going to do
this, we need to have an idemnification from either/or, or both! Mrs. Gibson,
am
Mrs. Thelma Gibson: Mr. Mayor and members of the Commission, I am Thelma
Gibson, 3661 Franklin Avenue, Coconut Grove. I come before this Commission,
really to ask for delay on your opinion today. I just read about this
yesterday and today, and some three years ago I agonized over this with
Commissioners Plummer and Carollo and Theodore Gibson as they were getting a
recall about this whole thing of cable television, and I really believe that
we need to do more about the citizens of this community and public access. I
y would hate to see us turn this over to the County without having the assurance
of what is going to happen here is what was worked out by this Commission to
be sure of public access to cable television, and I really believe that we are
doing now, we are not clear on. I don't always believe what I read in the
paper, and what I have listened to here this morning has not hit it enough to
make a sound judgment, I would think, and ...
Mayor Ferre: Mrs. Gibson, it is very hard to say no to you. It really is,
but I want you to understand that this is a matter that the Administration had
deliberated on, has come to a conclusion, has recommended. This is the second
reading. I don't see how in the world ...
Mr. Plummer: Well, I will tell you how you can do it, okay? As we know, an
E ordinance does not become effective for 30 days after second reading. I would
say that in effect, that if Thelma Gibson goes, or anyone else who wishes to,
to the City Manager and makes a convincing case that this is not resolving the
fears that you might have, that the Manager can reschedule this for a
subsequent meeting.
Mayor Ferre: Today is the 12th day of September. We will have two more
meetings before the 30 days are up. If at any time Mrs.Gibson you feel that
this should be reconsidered, you have my word along, I think with J. L.'s,
that we will bring it up for reconsideration. So, that gives you 30 days,
okay? Yes, Ma'am.
Ms. Marilyn Ross: My name is Marilyn Ross, and I represent Florida Memorial
College and the Miami Cable Access Corporation Board of Directors. I have
been resident of the South Florida area for 32 years and I have been a
professor at Florida Memorial College for 15 years. I speak of on behalf of
Dr. Willy C. Robinson, President of Florida Memorial College, as well as my
students. We wish to defer, or have you defer the second reading. We feel
that the following recommendations should be taken into consideration. We
feel that you should establish a County access corporation as an official body
by legal document, signed by the City Manager and County Manager over the
County able system, which is to include the public, local community, school
system, colleges and universities' access to the system. We refer you to
Section 4031 of the ordinance, which addresses the need for access programming
and editing facilities located in both a predominantly Black and Hispanic
population area. Florida Memorial College is both a Black community and
Hispanic community of scholars and students. We are a 150 roll predominantly
Black college, presently located at 15800 N. W. 42nd Avenue with a Hispanic
campus located at 300 S. W. 12th Avenue. We would be pleased and honored to
partially fulfill requirements of 4031 by housing a radio/television access
facility on our main campus, the dollar amount to be determined by the County
access corporation. We have established a communications department based on
public access. We also deem a necessary part of any new arrangement, that the
County system be provided an EFT mobile unit capable of originating programs
at major points throughout the system. We also deem it necessary to support
and broaden the County system housed in the Anna Brenner Meyers Center by
including sizable dollar amounts to be determined by the Board for the
upgrading and purchasing of additional equipment, hiring additional staff,
ld 79 September 12, 1985
s
policing of studios and equipment from W. L. R. N. Rand for effective County
wide programming& I personally do programming out of the Anna Brenner Meyers
Center and the studio that I and my students use is approximately 11 feet by
13 feet with port -a -pace cameras that always break down. So when you speak
of redundancy of facility and equipments the building Anna Brenner Meyers
Center houses Channel 17• The access studio is one very small studio within
that complext and 1% of the license feet as proposed by Sergio Pereira, City
Managert will not be adequate to serve the City and County citizenst and we
feel that vote for the proposed amendment is a vote against the citizens of
Miami. We look for you for our support of the system. Thank you.
Mayor Ferrel All rights are there other speakers? If not, Mr. Manager, I
think this is obviously a very important issue and even though you have done
itt I think for the record# it is important that either you, or Sue, or
whoever speaks for the Administration on this issuer once again in a very
short statement explain to the Commission why you are recommending that we do
this at this time.
Mr. Carollo: Mr. Mayor, if we do not end this in five minutest I will have
to leave.
Mayor Ferre: Well, we are going to just get this statement and then we are
going to vote.
Mr. Carollo: We are supposed to break at noon, and I have an engagement that
I am almost an hour late for already.
Mayor Ferre: All right, make it .....
Mr. Jack Eads: Briefly, Mr. Mayor and members of the Commission, the
Administration recommendation to you accomplishes three things: Number one,
1% of our 5% franchise fee goes to Dade County along with the community public
access function. The security fund be reduced to $1,000,000 from $2,000,000
as a point the system has been accepted by the City to be completed
operational and acceptable and the payments against the 5% franchise fee be
frozen and the revenues due the City be allowed to catch up with the
prepayments and then begin back at their 4 and 1% and that is due to the
entrance requirement of the Federal Communication's Act of 1984.
Mayor Ferre: Is there a motion?
Mr. Plummer: Moved.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Read the ordinance.
(NOTE: AT THIS POINT, THE CITY ATTORNEY READ THE HEREINBELOW ORDINANCE INTO
THE PUBLIC RECORD.)
Mayor Ferre: All right, and I would to - to the maker and to the seconder of
the motion, like to make it explicitly clear that we are voting on the premise
that before the finalization of this matter, that we must have to the
satisfaction of the City Attorney some sort of indemnity of either/or Miami
Cable or Metropolitan Dade County. Is that correct?
Mr. Plummer: I accept that.
Mayor Ferre: Seconder accepts it? All right. That is what we are voting,
right? All right, call the roll.
Id 80 $eptember 12s 1985
t,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CITY OF MIAMI CABLE TELEVISION
LICENSE ORDINANCE NO, 9332 BY PROVIDING FOR THE
DELETION OF SECTIONS 402 AND 403 DEALING WITH THE
ESTABLISHMENT OF THE COMMUNITY ACCESS CORPORATION AND
SUPPORT THEREOF FURTHER PROVIDING FOR THE; DELETION OF
SECTION 404(b) DEALING WITH THE SUBMISSION AND
APPROVAL OF A PLAN BY THE; LICENSEE WITH RESPECT TO THE
i
DOLLAR COMMITMENT FOR SUPPORT OF LOCAL ORFGANIZATION
PROGRAMMING; FURTHER AMENDING SECTION 901(A) OF SAID
ORDINANCE BY DELETING THE REQUIREMENT FOR FEE WAIVERS;
FURTHER AMENDING SECTION 901(B) BY PROVIDING A NEW
PROVISION FOR COMPENSATION TO THE LICENSEE FOR THE
TIME VALUE OF MONEY FOR PREPAID LICENSE FEES; FURTHER
AMENDING SECTION 902(A) BY DELETING THE WORD "MINIMUM"
AS PERTAINS TO PREPAID QUARTERLY LICENSE FEES; FURTHER
AMENDING SECTION 1001 DEALING WITH THE REDUCTION OF
`F
THE SECURITY FUND TO $1 MILLION AT THE BEGINNING OF
THE SIXTH YEAR AND SUBSTITUTING THEREOF A NEW
PROVISION DEALING WITH REDUCTION OF THE SECURITY FUND
TO $1 MILLION UPON FULL COMPLETION OF CONSTRUCTION OF
THE CABLE SYSTEM AND DEALING WITH COMPLIANCE WITH
SPECIFICATIONS TO BE CONFIRMED BY A SYSTEM PROOF -OF -
PERFORMANCE CONDUCTED BY AN INDEPENDENT ENGINEERING
FIRM; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
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 Perez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10035•
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.
14
81
September 12, 1985
VOTE POR To M011D: THE DEVELOPER OF PROPOSED COMMODORE BAY PROJECT
REQUESTED THAT AGENDA ITEMS 86, 87 & 88 BE WITHDRAWN.
...►.�.Y-i���Yf.s..i�G��iYG i�i►�it=i—�i�K AuiG�--r.iGJi.y.ii3a+r—G.i.11—ii.i..iG—c�'.��SYtY..Si�rG��YaiiiY��i���S�G
WHEREUPON, THE; CITY COMMISSION WENT INTO A RECESS AT
12:52 P,M. RECONVENING AT 3:01 P,M, WITH ALL MEMBERS
OF THE COMMISSION FOUND TO BE PRESENT EXCEPT FOR
Commissioner Demetrio Perez and Vice -Mayor Joe
Carollo.
-----------------------------------__-----------------------=------------
44• (A) PRESENTATION: KEY TO CITY PRESENTED TO HONORABLE RICARDO MARTINEZ
SAPRISSA - MAYOR OF SAN SALVADOR, EL SALVADOR.
(B) DECLARE "JUMBO RESTAURANT DAY" - (Mr. Robert Flam).
NOTE: COMMISSIONER PEREZ ENTERED THE MEETING AT 3:03 P.M.
1. KEY PRESENTED: to Honorable Ricardo Martinez Saprissa, Vice Mayor of San
Salvador, E1 Salvador.
2. PROCLAMATION PRESENTED: for Jumbo's Restaurant Day. Presented to Robert
Flam.
45. APPROVE OFFER OF $725,000 PER APPRAISAL OF LAND FOR PROPOSED SMALL PASSIVE
PARK AND/OR PUBLIC MARINA (at approximately N.E. 69TH ST. & BISCAYNE
BAY).
Mayor Ferre: Mr. Manager, we are now on Item 47, which is a resolution
approving the offer of $725,000 for appraisal for the acquisition of 81,283
square feet of upland, plus 372,046 square feet of submerged land generally
located between N. E. 69th and 71st Street and Biscayne Bay, Miami, Florida,
sought for proposed small Passive Park and/or a Public Marina, with funds
therefore available from the Marinas Enterprise Fund. Mr. Odio.
Mr. Cesar Odio: Yes, sir. We were instructed by the City Commission to go out
,y
for appraisals of the property. We received a bid for the best appraiser.
h b.
They went ahead and appraised the property and this is the highest appraised
value and we recommend that we use that figure to g purchase that property.
NOTE: VICE -MAYOR CAROLLO ENTERED THE MEETING AT 3:14 P.M.
r
Mayor Ferre: Is there anybody in the public that wishes to object to this?
Are there any objectors? All right, Counselor?
Mr. Robert H. Traurig: Mr. Mayor, my name is Robert H. Traurig, 1401 Brickell
Avenue. We don't object to the action to be taken by the City Commission. I
kz
merely say on behalf of the estate of Marion Sivley and Thomas Carney that we
didn't get a chance to view the appraisal until just recently and we would
f�
like the opportunity to discuss the appraisal with the City, but we honor the
r ;;y
action of the City in its efforts to acquire this property on behalf of the
3'
public as represented by Mrs. Rockafellar.
Mayor Ferre: Mr. Traurig, this is a very important to the neighborhood and
id 82 September 12, 1985
Mrs, Grace Rockafellar and Pat Skubish and the other civic and community
leaders of the northeast pant of the City have been after us to do this, as
you knows We had this appraised and properly, It nows comes to a conclusion
and what we are trying to do is move along, I think it is a great step
forward to have that either as a park or as a marina, We have identified the
monies with which to do this, This is something that this Commission has
sought for a long time, You, of course, have a right to discuss the price if
you have an objection to it, we would be happy to hear from you in the future,
but I think we are ready, to move.
.1 Mr. Traurig: Well, we are happy to see that. Thank you, Mr. Mayor.
I Mayor Ferret Mrs. Rockafellar.
Mrs, Grace Rockafellars Yes, Mr. Mayor. For the record, I am Grace
Rockafellar, I live at 814 N, E. 71st Street, I am President of the
Northeast Miami Improvement Association and a member of the Bayside Resident's
Association, Unfortunately, Pat Skubish, President of that association is out
of town on vacation and could not be here. and she has asked me to speak for
both of us. Now, I lived in my home ... I live just a little over a block
from the bay. I've lived for 35 years. This property has always been zoned
R-1. Now, just to give you an idea of how many speculators have had this
property, and how many times we have been before many, many Commissions -
during the time that Robert King High was there, we were down here twice and
had this defeated for zoning change. During the time Steve Clark was Mayor,
we were here three times and had this defeated. During the time that Dave
Kennedy was Mayor, we were here twice and had this defeated. Now, this is the
last piece of bayfront property that does not have a stone wall around it, and
the people here object to this, and I want to go back and I think you and
Commissioner Plummer were on the Commission a few years ago when I served as
Chairman of the Planning Board where the State mandated that each City and
County come up with a new ordinance and they gave us a time limit to do it,
and fortunately and very proudly, the City was the first one to complete
theirs. We divided the City into several sections and we had to go into the
sections and you hired Dr. Bartley and his aides to come down here to work
with us. Now, Dr. Bartley told us the reason that the State had mandated
this, that the cities come up with this ordinance, because in every city
there are so many different communities. The people living in those
communities must pay their taxes, they must pay all the fees that the City
imposed upon us. We must pay all of the bond issues, yet the people have very
little to say about what goes into their community, and this was an
opportunity for people to say - Do you want more commercial activity? Do you
want less? Do you want parks? What do you want into your community. We have
three such meetings in each area, and two before the Planning Board, but we
held it in the northeast, it was at Legion Park. We had overflow crowds at
each one of those three meetings and two before the Board and it was voted
unanimously that no more bayfront park be turned into high rise commercial
activity, and this is the latest ordinance that is on your books. Now, we
would prefer a marina - as docking marina on that property. Now, we worked
very closely with the Palm Bay Club and the Palm Bay Club is a member of our
association and so are a great many of the condominium owners are there. They
have a very small amount of docking space for the number of boats they have
and they tell us that each year for the past several years the Club has
doubled their docking space, and the only time that many of them can get a
place to dock there is if somebody has a large boat and takes a trip, cruise
for three months, then they sub -lease it.
Mayor Ferre; Mrs. Rockafellar, I hate to cut you off because I know what you
are saying is important, but you see all these people? These people have
taken off from their jobs and they really need to get on. I think you have
got ... I don't know how Commissioners Carollo, Dawkins, Plummer and Perez
feel, but I have a feeling that you are going to get a majority of the votes
here.
Mrs, Rockafellar: Well, we appreciate the time you have given us, Mr. Mayor
and we sincerely hope that you all agree to this, and we thank you very much.
Mr. Carollo; Just what is they are asking for, Mr. Mayor.
id 83 September 12, 1985
rn
Mayor Ferret What we are going to do is purchase a piece of property
immediately adjacent in the northeast part of the Palm Bay Club,
Mr, Plummert Mr. Mayor, 1 would hate for anybody to go away from here with a
misconception, That is not what we are doing! What we are doing is, we have
had an appraisal, and it has come out at $7250000, and we are going to use
that figure as to sit the Manager down with the owner and hope to negotiate.
Mayor Ferret 1 stand corrected,
Mr. Plummert That is not necessarily .,.
Mayor Ferre: It is hoped that based on the appraisal, having earmarked the
money from the Marina Enterprise Fund, that we will hopefully come back with a
negotiating price and Mr. Traurig explained to us that they have not agreed to
any of this yet, This is , I understand,
Mr. Carollo: The appraisals came to $725,000.
Mayor Ferret That is correct.
Mr. Carollo: So, J. L., if you would make a motion that as long as we do not
negotiate over $725,000, which is what the appraisal ...
Mr. Plummer: I would move it as it is, Joe, on the agenda because that is
the maximum that the Manager would have the right to negotiate without coming
back before this Commission.
Mr. Carollo: You are saying $725,000.
Mr. Plummer: As it is.
Mayor Ferret It says approving an offer of $725,000, per appraisal, okay?
There is a motion. Is there a second?
Mr. Plummer: Irrespective, Commissioner Carollo, it would have to come back
to this Commission.
Mayor Ferret There is a motion by Plummer. Is there a second?
Mr. Dawkins: Second.
Mayor Ferret Second by Dawkins. Is there further ...
Mr. Dawkins: Under discussion.
Mayor Ferret Go ahead.
Mr. Dawkins: Madam City Clerk, it has been brought to my attention that when
the Northeast homeowners appeared here before, and this was discussed, that
Miller Dawkins voted in the negative. Would you research that, and send a
copy of the minutes with a recorded vote to my office, please?
Mayor Ferret All right, is there further discussion on this item? ... on this
item. If not, call the roll, please on Item 47.
Id 84 September 12, 1985
l_J
The following resolution was introduced by Commissioner Plummer, who
moved its adoption!
RESOLUTION NO= 85=919
A RESOLUTION APPROVING AN OFFER OF $725i000 PER
APPRAISAL FOR THE ACQUISITION OF 81,283 SQUARE FEET OF
UPLANDi PLUS 372*046 SQUARE FEET OF SUBMERGED LAND
GENERALLY LOCATED BETWEEN N. E. 69TH AND 71ST STREETS
AND BISCAYNE BAY, MIAMI, FLORIDA (LEGAL DESCRIPTION AS
ATTACHED) WHICH ACQUISITION IS BEING SOUGHT FOR A
PROPOSED SMALL PASSIVE PARK AND/OR PUBLIC MARINA, WITH
FUNDS THEREFOR AVAILABLE FROM THE MARINAS ENTERPRISE
FUND, SUBJECT TO THE ADOPTION OF AN APPROPRIATIONS
ORDINANCE BY THE CITY COMMISSION.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
46. APPROVE FY-1985'86 ADMINISTRATIVE BUDGET OF THE "MIAMI SPORTS AND
EXHIBITION AUTHORITY".
Mayor Ferre: Agenda Item Number 48.
Mr. Bill Byer: We are here, Mayor, to ask for your help, as you know, getting
going on the Miami Sports and Exhibition Authority project at Overtown.
Mayor Ferre: Mr. Byer, to save you a little time, we have been going through
budget procedures and this matter has been discussed and reviewed by the
committee that listens to the budget proceedings.
Mr. Plummer: I move Item 48.
Mayor Ferre: And I didn't notice any objectors to it. Otherwise, I think we
are all set.
Mr. Byer: No, if we are all set, then fine.
Mayor Ferre: There is a motion on the floor. Is there a second?
Mr. Perez: Second
Mayor Ferre: All right, is there further discussion on the approval for the
budget for the Miami Sports and Exhibition Authority.
Mr, Plummer; Moved by Jean Marks, seconded by Bill Byer.
Mayor Ferre: Is there further discussion on Item 48?
Mr. Byer: We promise you a project you will proud of.
Mayor Ferre; Call the roll, please.
ld 85 September 12, 1985
The following resolution was introduced by Commissioner Plummer) who
moved its adoption:
RESOLUTION NO. 85-920
A RESOLUTION APPROVING THE FISCAL 1985-86
ADMINISTRATIVE BUDGET OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY.
(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.
47. EXECUTE AMENDMENT TO LEASE AGREEMENT WITH BAYSIDE CENTER LIMITED
PARTNERSHIP FOR BAYSIDE RETAIL PARCEL - (Incorporate requirements for
construction, financing, etc.)
Mayor Ferre: All right, take up agenda item 57.
Mr. John Gilchrist: My name is John Gilchrist, I am an Assistant to the City
Manager. The resolution is to authorize the City Manager to amend the ground
lease agreement for the retail parcel for the Bayside Project. It really can
be a companion item to Number 58, which likewise amends the parking garage
ground lease, and they are both done for the purpose of financing.
Mr. Plummer: I move Item 57.
Mayor Ferre: All right, there is a motion then, on Item 57, authorizing the
City Manager to execute a lease between Bayside Limited Partners for the
Bayside regional parcel as amended, and restated, incorporating requirements
for construction financing and incorporating all documents; and further, to
execute a memorandum of lease, in substantially the form attached, as required
for closing. All right, it has been moved by Plummer. Is there a second? Is
there a second on Item 57? This is not the main issue before us today, I
don't think. Right?
Mr. Plummer: If there is no second, I will withdraw my motion.
Mayor Ferre: One last time. Is there a second to Item 57?
Mr. Dawkins: I second it.
Mayor Ferre; All right, Dawkins seconds 57. Is there any discussion? This
is a non controversial one. We will have plenty discussion on the others.
Call the roll.
id 86 5eptember 12, 1955
The following resolution was introduced by Commissioner Plummer, who
x{
moved its adoption;
RESOLUTION N0. 85-921
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AVAMENDED AND RESTATED LEASE AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY AND
�+
BAYSIDE CENTER LIMITED PARTNERSHIP FOR THE BAYSIDE
RETAIL PARCEL INCORPORATING REQUIREMENTS FOR
CONSTRUCTION FINANCING AND INCORPORATING ALL
DOCUMENTS; AND FURTHER, AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF LEASE, IN SUBSTANTIALLY THE
FORM ATTACHED, AS REQUIRED FOR CLOSING.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
------ -----------------------
---------- ------ ----------- - -------------
48. EXECUTE
AMENDMENT
TO AGREEMENT WITH BAYSIDE CENTER LIMITED PARTNERSHIP
"GARAGE PARCEL LEASE" (INCORPORATE TERMS/CONDITIONS).
*i
t
-------------
----------------------
-------------------------«-'------------
,t
Mr. Plummer:
Likewise,
Mr. Mayor, Item 58 is a change of wording - I will so
move Item 58.
Mayor Ferre:
There is a
motion on 58.
Mr. Dawkins:
Second.
Mayor Ferre:
Second by
Dawkins. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-922
ti
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
3
AN AMENDMENT IN SUBSTANTIALLY THE FORM ATTACHED TO THE
BAYSIDE CENTER LIMITED PARTNERSHIP GARAGE PARCEL LEASE
TO INCORPORATE TERMS AND CONDITIONS REQUIRED BY BOND
COUNSEL FOR THE ISSUANCE OF CITY OF MIAMI INDUSTRIAL
DEVELOPMENT BONDS AND LENDER REQUIREMENTS AND
INCORPORATING ALL DOCUMENTS AND FURTHER TO EXECUTE A
�r
MEMORANDUM OF LEASE IN SUBSTANTIALLY THE FORM ATTACHED
�.
AS REQUIRED FOR CLOSING.
R�
(Here follows body of resolution, omitted here and on
�r
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 87 September 1?, 1985
0
AYES: Commissioner Demetrio Perez, it,
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayon Maurice A. Ferre
NOES: None,
ABSENT: None,
s.rrr—r—rrr.�rrr�rrrrrr—rrr—ter.--------r r----------
NOT9 FOR THS MORD: AT THIS POINT AGENDA ITEM NO. 59 WAS WITHDRAWN BY THE
ADMINISTRATION.
49• EXECUTE AGREEMENT WITH BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA FOR RELEASE OF DEED RESTRICTIONS ON LAND
ADJACENT TO BAYFRONT PARK WITHIN BAYSIDE SPECIALTY CENTER LEASED AREA.
Mayor Ferre: Agenda Item 60 is the issue. Is that it?
Mr. Gilchrist% It is one of the issues, sir.
Mr. Plummer: Mr. Mayor, no Item 60 is in reference to the deed restrictions
being removed. I have spoken with Mr. Gilchrist and had some very nice
conversations with him and with the Manager, who have had conversations with
others. They have come up with a formula. Mr. Mayor, we were told that we
could come back with a counter formula to be presented to the Cabinet, and Mr.
Gilchrist, if you would pass it out ... why don't you, while they are passing
it out, give a brief what it is.
Mr. Gilchrist: The proposed agreement with the Trustees of the State of
Florida, in order to waiver the deed restrictions that are a part of a deed to
the City of Miami in 1949 of bay bottom lands, includes 15.2% of the land area
in which the Bayside Project is to take place. We met with the trustees and
their representatives, Elton Gissendanner, and worked out a formula, based on
that land area, deducting the parking garage from it, it came to 17.8%.
Although the land area was not a reasonable basis for doing that, because that
particular doesn't generate anywhere near the amount of revenue that the other
parts of it do, so that we went back and re -looked at the revenues generated,
and on the basis of that, we have a formula which comes to 7.4%.
Mayor Ferre: Is that what you are recommending?
Mr. Gilchrist: We are recommending 7.4%.
Mayor Ferre: Mr. Gilchrist, I just have a quick question for you. Obviously,
you would be very happy if this were ... is something that is realistic in
your opinion. Can we do this?
Mr. Gilchrist: Well, we have indications from a couple of the people involved
in it that they believe that it can be done.
Mayor Ferre: Let me just say on the record after my colleague Plummer moves
it, that it is to his total credit, and I think we have to recognize, you know
... you have to give Cesar what is due Cesar and that is a biblical ...
Mr. Plummer: We are not here to praise Cesar! (LAUGHTER!)
Mayor Ferre; Oh, no, that is biblical. That is biblical! We are just ...
14 88 September 12, 1985
Mrs Plummert Mt, Mayor, would you please hold any praise that you might have
until after it is doftplete +.s I would ...
Mayor Ferre: 1 want to paraphrase this by just simply saying that many of us,
in the interest of getting this Bayside Project under way, getting all of this
behind us, (and I am one of them) would have accepted the 17% ••• I accepted
the 15%, I think I would have accepted the 17%, but, to Plummer's credit, he
did not, and not only did he not accept it, he went out and fought and he
talked to the Governor, and he has talked to Dr. Gissendanner. He sought the
help of Ronnie Brooke and others that are very influential in those circles
and 1 think he may have pulled something off that will save the citizens of
Miami $5,000,000 and I really think it is to his credit. All right, so to
Cesar what is due Cesar! Make your motion.
Mr. Plummer: I move Item 60.
Mayor Ferre: As amended to 7.4%.
Mr. Plummer: Yes, air. So that you understand, Mr. Mayor. This is a
counter -proposal that they have said they would entertain. It will be
presented to the Cabinet on the first day of October. I have already cleared
with the Rouse Company that that will not be detrimental to their project, and
hopefully the Cabinet will understand the great necessity and the problems
that are incurred, and that they, like ourselves, want to see this project go
forward.
Mr. Carollot What is the amount that you are proposing?
Mr. Plummer: 7.4%•
Mr. Carollo: 7.4% instead of ...
Mr. Plummer: Instead of 17.8%
Mayor Ferre: Well, let's explain what the issue is so we understand clearly,
okay? This land belongs to the State and they give it to us with a reverter
clause and saying that no commercial project can be put on it, so they have
got a strangle hold over us on land.
Mr. Plummer: Well, Mr. Mayor, yes and no. I don't want to get into that
argument. The actual wording is that this project can only be used for a
public purpose, okay? Now, what I am saying to you is, we have fought that
good fight for five years here at the Monty Trainer, and we prevailed that
that was a public purpose. Okay, we have gone through all the courts and the
Supreme Court and after a five year fight ...
Mayor Ferre: That is called the underwood marina.
Mr. Plummer: ... that if we prevailed, that it did serve a public purpose, so
you know, in a way, in effect, you could say, well, we don't have to do
anything, but this is in the spirit of compromise to try to reach an agreement
so that the Bayside can go forth as soon as possible.
Mayor Ferre: So, furthermore, so we understand again, what this is all
about - the State is going to use that money in the City. They are not going
to go out use it in Fort. Lauderdale, or Palm Beach, or something.
Mr. Plummer: So it is understood, Mr. Mayor, the State will not have any
control over that money. That money is restricted for the use of acquisition
of bayfront land in the City of Miami.
Mayor Ferre: Acquisition and improvements!
Mr. Gilchrist: And improvements.
Mr. Plummer; Only in the City of Miami.
Mr, Gilchrist: And will be owned by the City of Miami.
Mr, Plummer; That is correct.
ld 89 September 12, 1985
Mayor Ferre: Which means boat ramps and that kind of there is a lot of
f,
good things that we can do with that,
Mr, Plummer: That is right,
Mayor Ferre: So, it isn't that it is taking money out of our left pocket and
r;
putting it into our right pocket,
';.
Mr, Plummer: It is restricting a certain amount of the risk,
T`
Mayor Ferre: All right, Plummer, are you ready to make a motion?
fi
9'
Mr, Plummer: Yes, sir,
Mr. Carollo: I will second the motion, and while it is open for discussion, I
don't think there is any doubt that we will be successful. You know, frankly,
with all respect to the Administration, I think that we caved in pretty
quickly. Sure, there are some requirements that we have for that land, but,
between all of us here, we know plenty of people in the State that are
sensible, and I think that no doubt we can play politics as good as any
bureaucrat up in Tallahassee, and I am sure we will be successful in lowering
that 17.4n down to a much more reasonable level and once we accomplish that, I
will make a motion that from now on J. L. Plummer will negotiate for us!
Mayor Ferre: Okay, are we ready to vote on Item 60? All right, call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-923
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NEGOTIATED AGREEMENT, IN THE FORM ATTACHED HERETO,
BETWEEN THE CITY OF MIAMI AND THE BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA FOR THE RELEASE OF DEED RESTRICTIONS ON
CERTAIN LANDS ADJACENT TO BAYFRONT PARK WITHIN THE
BAYSIDE SPECIALTY CENTER LEASED AREA MORE PARTICULARLY
DESCRIBED HEREIN; AND FOR THE ESTABLISHMENT OF A TRUST
FUND TO BE FUNDED FROM 7.4% OF THE RENTAL INCOME
RECEIVED BY THE CITY FROM THE BAYSIDE RETAIL PARCEL
LEASE FOR THE ACQUISITION AND IMPROVEMENT OF BAYFRONT
-=
AND RIVERFRONT LANDS WITHIN THE CITY OF MIAMI.
(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
>Y
and adopted by the following vote-
ti
AYES: Commissioner Demetrio Perez, Jr.
t.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
•
A>>
NOES: None.
}
ABSENT: None.
;t
Id 90 September 12, 1985
50, DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED EXECUTION OF AGREEMENT WITH
NEW WORLD MARINAS' INC, FOR PURCHASE/TERMINATION RIGHTS IN AND TO THE
MIAMARINA MANAGEMENT AGREEMENT (See Label No, 62),
Mayor Ferre: On Agenda Item 61, this deals with the City retaining options to
operate a marina, to obtain new private managers. Now, this is going to be a
hot issue, huh?
Mr. Gilchrist: Yes, there are two items. One is the buy-out of the New World
Marina's current agreement for the operation of the Miamarina, and the second
is an agreement between the City and the Bayside Center Limited Partnership,
in setting the standards for the future, but basically, what it does, is that
the Rouse Company is advancing the City $1,675,000 to purchase the remaining
lease for our operator's agreement from New World Marinas, Barry Kutun ...
Mayor Ferre: Well, that portion of it is non -controversial, right?
Mr. Gilchrist: Okay.
Mayor Ferre: So, we can do that portion, then. The one with the fisherman is
the more controversial. Is that part of Item 61?
Mr. Gilchrist: No, that is Item 63. They are all together.
Mr. Plummer: Captain Kipnis is coming over.
Mayor Ferre: Well, see, I am only ... Captain Kipnis, we are only talking
about ...
Mr. Gilchrist: First, we have to get through ...
Captain Dan Kipnis: I am representing the City of Miami Waterfront Board as
Vice -Chairman, and I do have something to say about the $1,675,000.
Mayor Ferre: I stand corrected, sir.
to be a hot issue?
Mr. Gilchrist: Taking these in order.
Okay, what do you think? Is it going
Mayor Ferre: Well, if it is, let me know because we can move along and then
come back to the ...
Capt. Kipnis: First of all, let me state my name - Captain Dan Kipnis, 1600
Tigertail Avenue. Maurice Ferre ... Mr. Mayor, sir, in all honesty, it could
be a hot issue. I think the City ought to look a little better as to how they
are eventually going to spend their money.
Mayor Ferre: All right, sir. Sit down and we will get to the hot issues as
soon as we get through the non -hot issues. Item 62, is that a hot issue?
Mr. Gilchrist: Item 62 should not
be. It is after
the purchase and
termination of the agreement. That is
an agreement with
the Rouse Company,
which advances us the money to do it and
sets the standards
for the operation.
Mr. Plummer: Yes, but Item 62 is a part
of Item 61, so you
have got to .....
Mr. Gilchrist: Yes, they are companion
agreements.
s.
Mayor Ferre: How about Item 63?
Mr. Gilchrist: 63 is the boatman.
Mayor Ferre: That is the hot issue, 64?
Mr, Plummer: No, that has nothing to do with Bayside as such,
Id 91 September 12, 1955
Mayor Ferre: Any other Bayside issues?
Mr, Gilchrist: NO, sir.
Mayor Ferre: These are the Bayside issues, All right, well then we revert
back then, to the order of business and we take up, how about 54? Is that
Bayside? No,
Mr: Gilchrist: Item 61 is the next issue,
Mr. Plummer: Item 61 is the first hot issue, or could be, hot issue.
Mayor Ferre: Not 59, right?
Mr, Gilchrist: We went through Item 59.
Mr. Plummer: Item 59 was withdrawn.
Mayor Ferre: I stand corrected. We are on Item 61. All right, go ahead, Mr.
Gilchrist,
Mr. Gilchrist: Items 61 and 62 as companions, do what I said, was the Bayside
Center Limited Partnership advances us $1,675,000 to buy out New World
Marinas. We then, in companion agreement with the Bayside Center Limited
Partnership, have the option to go out for private operation of a marina; in
which case any bidder on it would have to pay back the $1,675,000. The
Bayside Center Limited Partnership has agreed to be one of the bidders and
then the other option is the City could operate it itself, pay back the
Bayside Center Partnership, either by cash payment, or by adjustment to the
rental payments that come from the garage, and that is basically it.
Mr. Plummer: No, there is one other thing in there, and that is that Bayside
themselves become a priority bidder.
Mr. Gilchrist: That is right, yes, sir. They are required to do that.
Mr. Plummer: Okay, if push comes to shove, and it is even, they get the edge,
because they have put up the money. If both of them come in ... the minimum
bid, Mr. Mayor, will be the amount of money owed, and if two firms, both bid,
let's say, the minimum bid, or two bids are equal, Bayside Partnership has the
edge, because of putting the money up front, so I think that is important on
the record.
Mayor Ferre: All right, Mr. Kutun?
Mr. Barry Kutun: I really have nothing to add. I would like to reserve any
time for rebuttal. I didn't know it was going to be controversial.
Mayor Ferre: All right.
Capt. Dan Kipnis: Gentlemen, good afternoon. My name is Captain Dan Kipnis,
1600 Tigertail Avenue, Miami, Florida. I am the Vice -Chairman of the City of
Miami Waterfront Board.
Mr. Plummer: Dan, for the record - clarify for the record - are you speaking
now for the Waterfront Board, for Dan Kipnis, or for the fisherman?
Capt. Kipnis: For the Waterfront Board.
Mr. Plummer: Okay, in action taken by them, and approved?
Capt, Kipnis: Yes, we have, on numerous occasions, and I will read to you, if
you would like from the record.
Mr. Plummer; Fine, just want to get the record clear!
Capt. Kipnis; Okay, we have addressed this problem of financing Miamarina and
what goes on over there for quite some time, since the management agreement
was put out on it, and I do have copies of different meetings here - four
different meetings, of which the issue was addressed and certain things
id 92 September 12, 1965
raised = certain questions were raised, First, I would like to start out by
saying that some of the Board members wonder why the option is being exercised
in the first place +- why it isn't just ended at the end of four years and it
reverts back to the City to do with what they wish, because a number of things
have happened .►. that questions were raised that could potentially revert
that option back to the City. The ones in specific that 1 am talking about
Number one, the Commission never intended that New World Marinas would be
enriched by the amount of $2,000,000 while the City suffered an annual loss of
some $65,000 for year ending 1982, and a projected loss of $300#000 over the
life of the contracts This information comes from the City Finance
Department. This is what we were given. The City Commission never intended
that attorney Tom Post would receive legal fees of $71,250 in 1982; projected
$350#000 in legal fees over the life of that contract. Actually, it went up
much higher than that one payment of $114,000 in one month, and I have a
list of those for you. The contract specifically prohibits City payment of
telephone bills, which was done. There is no provision in contract for the
deduction of social security, which was done - $15,000. Okay, I am just going
to take these quick - the Administration and legal interpretation of this
contract has been made at City expense. We made a bunch of motions on it.
The bottom line motion was that the contract be called null and void, and it
not run its full term. Now we are up to an option on it, and the City has the
ability to research this - go back to the Finance Department, to get an
outside audit, not using figures provided to you by Tom Post, but like what
the IRS comes to check you out, they do it outside! They don't just take what
you have to give them and if you investigate this, I think you are going to
find that there are discrepancies and that you don't need to exercise your
option and you don't need to make Rouse Company pay $1,675,000 and that the
City can get it back right away, to do with what they want, or you can just go
ahead and slide on through, after we have been raising these questions for
outside audits three times in a row, and the Waterfront Board got nothing out
of the Finance Department, City of Miami. You can slide too, just like they
have been doing, and go ahead and have Rouse pay them. Then that problem is
done for now, but it could be raised again and I think you really ought to
study it, and I've got a lot of stuff here that I can go through - a lot. For
instance, why the marina lost - net income lost, $27,000, while at the same
time, a comparable marina with 85 more slips made $790,000! Okay, Dinner Key
up here, and this has been consistent the whole time. If you don't ask these
questions now, we are just going to, I guess, slide it through like it has
been happening. I think you really need to look at it. I will not pursue it
any more. I leave it up to your good judgment.
Mayor Ferre: Representative Kutun?
Mr. Barry Kutun: The Waterfront Board, I think has taken a position, over the
last year or two, that the City should be operating the marina and there
should be no operator. That has been their position. The audit that Captain
Kipnis refers to, they are all done by the City auditors. All the information
is public. There has never been a problem. The City is making money. It is
not negative. Captain Kipniss is wrong on that. I did not know that he was
going to be here to debate the issue of whether or not the City has been
receiving a profit, but certainly we give to the City all of our accounting
records and they audit annually and report to the City Manager, and we have
never had a problem. There are no records that have never been released to
the City whatsoever. The negotiation for the price, Mr. Mayor, and members of
the Commission, was not ever formulated by the City. Rouse Company,
independently, with New World Marinas, negotiated that price to the marina.
That was after outside appraisals were taken, and if you read the memorandum
that you have for the resolution, you will see that there were at least six
appraisals taken, all making sure that this is well within the range of the
value of the property. The option that Captain Kipnis is talking about is the
New World Marina's option, not the City's option, so I think it's an excellent
arrangement for the City. I think the Rouse Company must be the operator of
this marina or at least have the City operate it and work with the City,
because they're going to have everything that surrounds it and to be very
frank with you, this should have been part of the original R,F,P, and
considered originally just as the restaurant was, but as it works out, I think
it's worked out fine. I think that the City Commission should endorse this
resolution,
Mayor Ferre; All right, Representative Kutun, I'll recognize you in a
moment, Captain, I want to see if there are any other public speakers before
we come back to you, Yes, sir, Mr, Sorg,
sl 93 September 12, 1985
Mr. Stuart Sorg: Mr. Mayor, I'm Stuart Sorg, residing in Coconut Grove for
four years. As you knows I was Chairman of the Waterfront Board and this
contract came through the board when I was there, I would like to say that I
don`t have the specific dollar figures, but the City of Miami has made no
money on this contract. I don't see today how the City Commission could at
any time approve a $106000000 cash outlay to purchase Mr. Post's equity or
interest in this marina. I think if this were a referendum item, it would
spell out clearly to the people of the City, it would never pass. I don't
think there has been any information to the people. I don't know why the
Rouse Company has done a specific audit, why the City didn't do the audit on
it, and let other people know what it was. I think the Waterfront Board is
right. No one provided any figures, or estimates, or anything to give them a
position to come before you before this period of time. I recommend that you
not pass this today.
Mayor Ferre: Thank you, Mr. Sorg. I'm going to let you speak all you want,
Captain, I just want to give everybody else a break. Anybody else want to
speak on this issue? All right, Captain Kipnis.
Captain Kipnis: One more question regardless of what you do with the
resolution. New World Marinas Inc. was paid $300,000 by the City of Miami for
disruption of their business by the construction of the new Dodge Island Port
bridge during their option. If you do award them anything, you certainly
should remove the $300,000 that they have already been paid and already banked
from that, because if you take the marina back for yourselves, it belongs to
you, sir, and the people of the City, and not the New World Marinas. Thank
you.
Mayor Ferre: Any other public speakers on this issue? Mr. Gilchrist, through
you to the Manager. Mr. Manager, and to Lucia Dougherty, I do have a
question, which I don't know whether it is legal or just a policy matter.
Right or wrong, we did award this corporation headed by Mr. Tom Post the right
to run that marina. Is that correct?
Mr. John Gilchrist: Yes, sir.
Mayor Ferre: And that lease has how much longer to go?
Mr. Gilchrist: It has four years to run.
Mayor Ferre: We went out and we had appraisals. How many appraisals did we
have made?
Mr. Gilchrist: We had two appraisals made and Mr. Post had one appraisal
made.
Mayor Ferre: Who had made?
Mr. Gilchrist: New World Marinas had one made also.
Mayor Ferre: We have three appraisals.
Mr. Gilchrist: We have three appraisals.
Mayor Ferre: This is within the range of what those appraisers think this
contract is worth.
Mr. Gilchrist: Yes, sir.
Mayor Ferre: To the City Attorney, does New World Marina have a vested right?
Do they have a right or are they there legally?
Mrs. Dougherty: Yes, sir.
Mayor Ferre: They are there legally?
Mrs. Dougherty: Yes, they have a contract for the next four years,
Mayor Ferre; They have a contract; so that contract has value.
Id
94
September 12, 1985
x
E
K� F
i
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Mrs. Dougherty: Certainly.
Mayor Ferrel For us to take possession of it, we have to buy it. Is that
correct? We can't just take possession, because in our country, we don't do
".`
that. We don't take somebody's property without due process, so we would have
7—
to.., No, we don't, we don't take property without due process and for us to
take that property, you got to reimburse the guy for whatever it is that it's
worth, according to a court of law+
APPLAUSE
That's the way our country works. If we're going to go and take this man's
rights; then we have to pay him for it. The question is what are we going to
pay him for it, that's the issue here. Let me ask from a management point of
view, do we need this marina? Or can Rouse do this, can we let him have his
four years and let it run out?
Mr. Gilchrist: We have to have this in order to build the Bayside Project.
Mayor Ferret Why do we have to have it in order to build?
Mr. Gilchrist: Two things, we have to fence off and close the marina for a
period of two years for construction. Secondly, his rights included land area
adjacent to it in which Bayside is going to be built.
Mayor Ferret So we have to have it.
Mr. Gilchrist: Yes, sir.
Mayor Ferret I have no further questions.
Mr. Plummer: I've got a question, two questions, really. The first question
is, Mr. Manager, you have heard the accusations about the audit. I guess I
have to ask the question on the record that you have seen those audits, that
you are satisfied that those audits were done proper, that the proper
documentation was supplied and that in your estimation there are no
discrepancies. I want that on the record if in fact that is true and you feel
'..,
it that way.
Mr. Pereira: Commissioner, the audits were reviewed by the internal audit
}'
department and they complied with all the standard procedures of audits
f'
according to....
Mr. Plummer: Have you personally seen the audits?
Mr. Pereira: I have not personally seen the audits.
Mr. Plummer: Mr. Rosencrantz, have you seen the audits? In other words, what
a
I'm asking you, whoever the top official is in the administration, if you've
seen the audits, are you comfortable that they are correct?
F
Mr. Pereira: It's coming, personal review.
^r'
Mr. Plummer: O.K., let me go to my second point.
You can bring that party
forward. Mr. Gilchrist, what happens at the end of
two years if there are to
.fi
be no bidders? Also what are they bidding on? Are
they bidding on a marina
lt`
facility for a period of two years, ten, twenty?
In other words, you're
talking about a million six, seven, five.,. whatever,
O.K.? Without it being
R
spelled out now what the R.F.P. would contain, I
think there could be a
fl
problem. I'm sure, I feel relatively sure that the
Rouse Company would want
to bid and have control of the area, but we don't have
any assurances of that.
Mr. Gilchrist: We do,
Mr. Plummer: Oh, we do? That they will bid?
s3
Mr, Gilchrist: The agreement says that they are
required. They have an
.:
agreement signed for us that they are going to be the
prime bidder,
�•
w
max;'
Mr, Plummer: That's fine. What I guess then now you have to define a prime
.'
bidder for what?
ei 95 September 12, 1985
Mr. Gilchrist! For the area of the Miatnarina including all the slips and the
dock offices and the adjacent lands necessary to operate them and for a period
,.
of 45 years parallel the lease.
Mr. Plummer: So) in other words, the R.F.P. would contain 45 years as the
r
terminology. Do I have a problem with that? Is that concurrent with their
other lease?
Mr. Gilchrist! That's concurrent with their other leases.
Mr. Plummer: All right, I can live with that. So then I have to get back to
my initial question.
Mr. Gilchrist: We're looking for Al Rodriguez, Director of the Marinas. Sir)
the other option the City would have to operate the marina at the end of two
years too. It could determine to do that itself.
Captain Kipnis: A couple of things I would like the Mayor and Commissioners
j
not to forget. One is the money that was paid by the county to New World
Marinas. Secondly, I'd like to see....
Mr. Plummer: Wait a minute. Repeat that.
Mayor Ferre: The $300)000.
Captain Kipnis: The $300,000 paid to New World Marinas by Dade County for
disruption of their business during their option by construction of port
bridge to Dodge Island.
Mayor Ferre: What he's saying is that he got that. It's in his pocket and
should not compensated for it somehow since there's a four year contract left.
Captain Kipnis: Secondly, I would like to find out, being that we can't get
it from the Finance Department, City of Miami through the Waterfront Board, if
any records from Miami Motorsports, Miami Grand Prix, have been requested to
substantiate what payments were made to New World Marinas Inc. by Miami
�:..'
Motorsports during that race and if they correspond to the gross dockage
receipts and gross concessionaires receipts for that month. I'd like to see
it; I think you might also.
Mayor Ferre: That's a valid question.
Mr. Plummer: Yes, I'm sure it's available already for the first two years.
Mayor Ferre: That is a valid request. I think you are totally, the public
and you, representing the public, are totally entitled to that information.
Mr. Plummer:
Even though that was an agreement between two private parties.
Mayor Ferre:
That's true, but it's on public property.
s`
Captain Kipnis:
Of which the City is entitled to a percentage.
kK
Mr. Plummer:
No question.
Mayor Ferre:
And therefore entitled to know the facts. You are absolutely
correct. I
think that's something that we can deal with and I subscribe to
that. Anything
else at this point?
Mr. Plummer:
Governor Kutun.
,.
x
Mayor Ferre:
Governor, Commissioner....
Mr. Kutun;
It's been a rough day.
Mayor Ferre;
General.
-
Mr. Plummer;
No, Governor.
Mayor Ferre; Governor? After you... whatever you run for, Barry,
Mr. Kutun; is this a preps conference?
al 96 September 12, 1985
�wr
Mr. Plummer: No, t tell your t like your statement in the news this
afternoon. You're not sure what you'.wr re going to be at the inaugural fare but
*^
"
you're going to be there, t like that.
Mr. Kutun: I tell you, I don' t know how the Miami News... I got a call at
8:30 in the morning, I think the Miami News called me at 8!451
Mayor Ferrel Well, let me tell you something. I've got a lot of beefs.,..
Mr. Plummer: There's an answer to that, Miami News is not part of the Nonce
group.
Mayor Ferrel There is an answer to it. I'll tell you what the straight
-`
answer is. I got a lot of beef with the Miami News, but they've got some of
the best reporters in this town and that's why it was in the Miami News,
Mr. Kutun: They were on top of it.
Mayor Ferret Are you ready for an answer?
Mr. Pereira: We have to get the Finance Director in here, Mr. Mayor.
Mayor Ferret Get the Finance Director. Is there anything else we can do in
the meantime? Let's go to the union issue then. Let's go to the union, non-
union issue.
Mr. Plummer: Excuse me, did I get an answer?
Mr. Pereira: No, I have to get Carlos Garcia, because Al cannot give you the
Mr. Plummer: Are we expecting him momentarily. Is he in Egypt?
d
Mr. Pereira: No, he's down the street.
AT THIS POINT THIS ITEM WAS TEMPORARILY DEFERRED
�:.
Yk;
51 DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED EXECUTION OF AGREEMENT WITH
THE PIER FIVE BOATMEN'S ASSOCIATION, INC. - SETTLEMENT OF CERTAIN DOCKAGE
RIGHTS. (See label No. 65)
Y�"rta Mayor Ferret Let's go to item 63, which is Pier Five Boatmen.
Mr. Gilchrist: Over a period of several months, we've negotiated with....
Mr. Plummer: John, hold it, excuse me, Madam City Attorney, as a legal entity
I would ask you to explain to this Commission and to the public what legal
obligations this Commission have to the fishermen that presently exist in
rF4 Miamarina, legal.
g Mrs. Dougherty: Mr. Commissioner, we have something like 30 mooring and
M dockage agreements. I believe that by November there will be five that are
still in existence. Legally..**
Mayor Ferret So, in other words as of November, other than those five, we
have no legal obligations.
Mrs. Dougherty; That is correct.
Mr. Plummer; Wait a minute now, you interrupted me.
Mayor Ferre; Is there a cancellation clause?
Mr. Plummer; Isn't there a three day termination notice in each one of those
clauses?
Mrs. Dougherty; There is a three day cancellation notice.
el 97 September 12, 1985
Mayor Petrel. Have they been notified?
Mrs. Dougherty.' They have not. We have not exercised that cancellation
notice yet because we've been under negotiations with them all during this
.
time.
*
Mayor Ferre: So the legal proceeding today, if that's the conclusion of this
Commission, would be to give them the three day notice.
Mrs. Dougherty: Furthermore, we couldn't do it because we needed to settle
our agreement with Tom Post first.
Mayor Ferre: Why is that?
Mr. Plummer: Because Tom Post would have to give them the three day notice I
would assume.
Mrs. Dougherty: He has the agreement.
Mayor Ferre: So, in other words, what you're saying is 63 is tied to 61.
Mr. Plummer: In an effect, yes.
Mayor Ferre: So we have to wait until we get the figures that you're asking
for.
Mr. Plummer: No, sir, I didn't ask for any numbers. What I asked for was the
administration comfortable that the audit was done properly.
Mayor Ferre: And who are we waiting for an answer?
Mr. Plummer: Carlos Garcia, I am told, is the one who certified the audit and
he will be the one who will say yes or no.
Mr. Carollo: Regardless of what conclusion we come to with 61.
Mr. Plummer: 61 and 62 will be the outcome of that.
Mr. Carollo: Yes, 61 and 62, which they are together, either Mr. Post or the
City, as I am reading this Commission, is going to give a three day notice.
pf
Mr. Plummer: That's pretty much the case. Mr. Gilchrist, may I ask of you,
;E
sir, if this Commission, as I understand in its benevolence, not legally, but
7,
morally trying to help the fishermen maintain their facilities in that general
�}:,
area, approved an area what I would call on the south side of the F.E.C. site
y
slip.
Mayor Ferre: Much more than that.
Mr. Plummer: May I finish?
'y
Mayor Ferre:
I think you got to put
in on the record.
S
Mr. Plummer:
And that the City was
going to build those docks and allow
them to remain
there on a two year
or a temporary basis until three years
until Bayside
was concluded. Is that
correct?
Mr. Gilchrist:
That is correct.
Mr. Plummer: What is the status presently of that request of the Commission?
Mr. Gilchrist: We did present that to the boatmen and over a period of a
couple of months negotiated terms in which they would both be able to move
tea'. there and stay for a period of three years until Bayside, whichever is
earliest, until that was built, they would have free dockage at Watson Island.
Mr, Plummer; Excuse me,
Mr, Gilchrist: I'm sorry, I didn't understand your cluestion,
Mr. Plummer; What is the posture of that construction at this time?
sl 93 September 12, 1985
Mr, Gilchrist: I'm sorry# we have done the walk through on permits, We have
the peftit drawings prepared and we have the engineering � prepared for it, but
we have not move ahead with it.
Mayor Ferret Is there any constraint or reason why that cannot be done?
Mr, Gilchrist: We could be denied permits# but we've done the walk through on
theca and there's no indication we would be denied.
Mayor Ferret Mr. Gilchrist# I understand also that you walked an extra mile
because there was some concern by some of the commercial fishermen# they would
rather be somewhere else and I understand you went to Miami Beach,
Air, Gilchristt Yes, air, we did go to Miami Beach.
Mayor Verret To secure them space there.
Mr. Gilchrist: We have been guaranteed....
Mayor Ferret How many guaranteed spaced did you secure there?
Mr. Gilchrist: They requested 15 spaces and we guaranteed them 15 spaces. We
would pay for that during....
Mayor Ferret How much would that cost the citizens of Miami?
Mr. Gilchrist: $28,000.
Mayor Ferret The City of Miami would pay $28,000 out of the taxpayers funds
to accommodate the fishermen in the Miami Beach Marina, as they had that as an
option that they wanted to exercise and there were 15 of them.
Mr. Plummer: Mr. Mayor, may I also put on the record, Mr. Mayor, since none
of you were around to have the pleasure of receiving this law suit this
morning, unfortunately....
Mr. Carollo: No, no, no.
Mr. Plummer: Oh, did you get your law suit too?
Mr. Pereira: I got mine.
Mr. Plummer: I had the pleasure of being served. I thought the lady was
giving me a big smile and other things, and for the record, I have now jointly
4
in a party of a $10,000 law suit or more, and this is by the Flying Cloud
individually.
Mayor Ferret It isn't $10,000.
;. Mr. Gilchrist: $45,000,000.
F
Mr. Plummer: $10,000,000, I'm sorry, what the hell!
It's a little, you
pry
know....
Mr. Pereira: You only missed three zeros.
Mr. Plummer: As my Latin brothers say, mas or menos.
So I just want
to put
on the record, Mr. Mayor, that I'm not prejudiced, of course, but you
know, I
love to get these things.
Mayor Ferret I have a few other questions that I haven't
finished, if
I could
x
continue on this, Mr. Gilchrist, in your opinion, have
you negotiated
in good
faith with the fishermen?
Mr, Gilchrist: Yes, sir, we negotiated in good faith with the President of
the Boatmen's organisation, Captain Dan Kipais and their attorney,
Mayor Ferre;
fishermen?
Did you, in your opinion, come to a conclusion With the
$1 99 September 12, 1985
1
Mr. Gilchrist: We believe that we were at a conclusion last week by Friday of
last week. We had a meeting in which we were hoping..+,
yTV
Mayor Ferre: Were you told that there was a conclusion?
Mr. Gilchrist: We were told by Captain Dan Kipnis and his attorney` whose
�i•
name is Pennell.
Mayor Ferre: Did you feel that the City had in addition to agreeing to
Watson, provide space on City property, met all of its moral obligations) if
`
G,.
there were any, by also assisting in securing 15 dockage places over in Miami
r
Beach?
Mr, Gilchrist: Yes, sir.
Mayor Ferre: I understand that Mr. Dan Kipnis who was here did all this
negotiation. Was he the spokesperson for the fishing group?
Mr. Gilchrist: He was certainly what I understood to be the spokesperson.
Mayor Ferre: Is he the spokesperson today?
Mr. Gilchrist: I understand that he has resigned as the president of the
organization.
Mayor Ferre: Who is the attorney that is dealing with this issue?
Mr. Gilchrist: His name is Chris Penzell.
Mayor Ferre: Is mr. Chris Penzell their attorney?
Mr. Gilchrist: I understand that he has resigned from that.
Mayor Ferre: Captain Kipnis, can you come up to the microphone? Would you
tell us why you resigned after all these years of kind of guiding all this
through?
Captain Kipnis: First of all, I'd like to say that the law suit that you
1
gentlemen received has in no way and nothing to do with the Pier Five
f,
k
Boatmen's Association. It was brought by an individual party.
Mr. Plummer: I said that, individual by the Flying Cloud.
Mayor Ferre: Dan, what do the majority of the... because I'd really think
those guys deserve help. I think we ought to help them. I think we ought to
x
>*� x -,
go out of our way to help them.
Captain Kipnis: Mr. Mayor, the reason that I resigned....
' Mayor Ferre: What can we do that is reasonably, within reason.
Captain Kipnis: The reason that I resigned I spent two and a half years on
the project, the past seven months in the best of my abilities, giving it
everything that I had and trying to get all the parties together. We didn't
make it. I did not do my job. That does not mean that I can go ahead when I
have messed up. We couldn't reach agreement and force through an agreement,
so I stepped aside for people I believed would be able to get that agreement
through in the interest of that group as a whole.
Mayor Ferre: What do we do now, Dan?
Captain Kipnis: There is a very simple way out of this.
Mayor Ferre: Tell me what it is.
Captain Kipnis: O.K.
Mayor Ferre: Other than paying $45,000,000,
Captain Kipais: No, no, no, look, what we went, and you've heard the story
before, we went to Watson Island, This was twelve years ago. We went over
with, 30 boats,
is 100 September 12, 1965
s=
Mayor Verret You have a legitimate beef+
s"
Captain Kipnis: Yes) we're scared to go back. If we could just make sure) we
r
wouldn't be out of business and we would enjoy the beautiful City of Miami
Fier 5,
Mayor Ferret How can we guarantee that?
Captain Kipnis: I can guarantee you one thing, sir, we will go out of
business there. That I'll guarantee in six months.
Mayor Ferre: In Watson Island?
Captain Kipnis: Yes, sir.
Mayor Ferre: Then go to the South Beach port. I mean we're willing to put up
the money for that.
Mr. Plummer: What happened to the FEC slip?
Captain Kipnis: No, that' s what we want. We won't go out of business on
that slip.
Mr. Gilchrist% There is an interim time that could be up to six months while
we build the slips, sir.
Mr. Plummer: What the hell you want me to do? Throw anchors out there?
Captain Kipnis: That would help, J.L. Look, it might be up to six months.
Mayor Ferre: What do we do?
Mr. Carollo: What do we do? I tell you what I intend to do, Mr. Mayor. I
don't know about you guys, but you know, I don't particularly like to be
threatened with those figures. Frankly, if it be $10,000, like J.L. said, I'd
really be worried.
Captain Kipnis: One guy.
Mr. Carollo: But with the $10,000,000 figure I'm not concerned about that.
Mayor Ferre: That is one guy threatening. Now you're not going to punish
these other guys that aren't threatening?
r
k
Mr. Carollo: Well, Mr. Mayor, I don't care if it is one guy or if it is a
_�
hundred guys.
Captain Kipnis: Commissioner Carollo, he's not in our organization.
Mr. Plummer: Wait a minute. The Boatmen's Association has either threatened
or file a suit. Is that correct?
Captain Kipnis: We have already filed suit against the City and the Rouse and
we were trying to come to a settlement. We have nothing to do with the other
suit that was filed.
Mayor Ferre: Captain Kipnis, in my opinion, the City of Miami has walked the
K extra mile. We've given you a bona fide offer. Those who want to take it,
fine. I think we ought to give them till 5:00 o'clock tomorrow afternoon.
Mr. Carollo: Mr. Mayor, we have walked more than the extra mile. We have
gone around and around the world trying to reach a very reasonable compromise.
As far as I'm concerned, as long as there is one individual suing us, deal is
off. I mean it's great that we live in America. They can sue us; they have
that right. We have the right to also not come with the amount of monies that
we talked about before. That is our right under the law, just like you all
have the right to sue. As far as I'm concerned....
Captain Kipnis; It would not behoove us, sir, for us to drop our law suit if
we're not going to get it because of him.
sl 101 September 12, 1955
Mrs Carollot. tXcuse to i as far as I'm concerned i if one of your members is
suing us, there is no dealt
a
Captain Kipnist He's not our member ► I'm telling you he does not, never
has, and never will belong to the organization. It would not behoove us to
Y
drop our law suit if we're not going to get a deal with the City because of
some outside person law suit,
Mr. Carollot I'm not asking you to drop any law suits.
Captain Kipnis,. That was what the deal was. That's what a settlement is.
You settle, we settle, we drop the law suit.
Mr. Carollot That's exactly what I said, as long as there's any law suits
there, we're not going to come to any settlement, at least this vote will
not, so you might as well....
Captain Kipnis: Sir, I cannot drop the lawsuit before we've reached a
settlement. That's just....
Mr. Carollot I don't expect you to.
Mayor Ferret Let's take this one step at a time. I think the first thing
we... let me recommend... this is what this vote is willing to do. One, I
think we ought to give you notice that you're out. You've got three days'
notice. Second thing we're going to do is, and I would vote for this, to give
you one week to make your decision. Whoever wants to accept the City's offer,
you're on. At the end of one week, at 5:00 o'clock at the end of the day,
that's it. Take it or leave it and you're gone.
Mr. Carollo: Mr. Mayor, let me say this to you, this is what the whole darn
problem is with this City government. There ain't no backbone here
whatsoever. All that we need is just to get one individual to sue us and
we're ready to cave in. Hey, Maurice, this is your twelfth year here. Let's
get some backbone and say enough is enough to these guys.
Mayor Ferre: We're trying to get Bayside going.
Captain Kipnis: I do not represent the Pier Five Boatmen's Association as
their president any more. That is on that side right over there, but I would
like to make one statement before we end here if that's possible and I'll turn
-
it over to them.
Mr. Plummer: Mr. Mayor, I'd like to be recognized at the appropriate time.
�v
Captain Kipnis: I'll be done in one second. We just got finished at New
r
World Marina talking about deprivation of their property and his lease or
K St(
agreement without just compensation. My lease runs out in November. I have
.`.
guys who go to next February. We're talking about not having leases for two
yeas possibly. The same just compensation that we just mentioned and that
you agreed you couldn't deprive him of, we're back.
Mayor Ferre: Captain Kipnis, let me tell you, I
agree
with your premises.
It's not a question of backbone. It's a question
of fairness. I'm willing,
those people like yourself, who have good faith,
I don't
want to punish you
for the bad faith of somebody else. Those people that have good faith, have a
bona fide offer. If you want to take it, air, you
take it
and the City as far
as I'm concerned, is going to live up to our end
of the
bargain. To those
guys that don't want to live up to it, to hell with
them.
Mr. Carollo: You're one vote, Mr. Mayor.
zr
Mr. Plummer: No, sir, am I recognized,
Mr.
Mayor? Mr. Mayor, to my good
friend and neighbor, Dan Kipnis, sir, you
don't
have four more years. You've
got a three day cancellation. We have no
cancellation with Miamarina. It is
k
my understanding, and correct me if I'm
wrong, that not only has a law suit
r
been entered, but a new attorney has
that he
been
is
entered, who came up with a
demanding is two half
:}
surprising thing that says what
a and a
million dollar cash settlement or we go to
court. Is that an incorrect
f
statement?
Captain Kipnis; Actually, Commissioner, we are in court.
al 102 September 120 1985
� rh;
3
7.
A5
�t
i
Mr. Plummer: No, no►
,I
+=
Captain Kipnis: We're already there.
Mr, Plummer! In other words, is it my understanding that from that court suit
that the only thing that will be a settlement issue is two and a half million
dollars in rash?
Captain Kipnis: I cannot say that the figure is firm or not. I would be
4
happy to turn you over to that attorney of who you speak, I think it's time
that they....
;.
Mr. Plummer: If he's the one to answer it....
fi
Captain Kipnis: He is the one.
Mr. Robert Geiss: My name is Robert Geiss. I'm an attorney. I represent
Pier Five Boatmen and the individuals. Your statement is totally incorrect.
Mayor Ferre: Are you an attorney?
Mr. Geiss: Yes, my office is in 125th Street. The two and a half million
dollar proposal that was submitted to you was submitted by Chris Penzell
Monday of this week as is an offer of settlement.
Mr. Plummer: Excuse me, who is Chris Penzell?
Mr. Geiss: That was a written offer....
z `
Mr. Plummer: Is that the Flying Cloud?
Mr. Geiss: No, that was the attorney that has previously been representing
,.:
the boatmen. That was tendered in writing by him.
k�
Mr. Plummer: Are you indicating as the new representative and its legal
spokesman that that demand is not still in existence?
,
Mr. Geiss: That demand is still in existence now, yes.
r
{
Mr. Plummer: In other words, what you're saying is to withdraw the law suit,
you are demanding a two and a half million dollar cash settlement. Is that
correct?
Mr. Geiss: Yes.
Mr. Plummer: Under the Mayor's proposal that we allow any who accepted it to
go in there, that would keep the law suit in effect, that wouldn't, if half
of the members accepted the City's proposal and put their boats in there, the
other half that you represent could still keep the law suit in effect.
o Mr. Geiss: Let me say this. We had a meeting last night and all of them want
} the two and a half million dollar settlement. That basically breaks down to
approximately $50,000 per boatman.
Mr. Plummer: So what you're saying is that was a unanimous vote that the only
Y settlement was two and a half million in cash.
u,
Mr. Geiss: Let me say this on the FEC dock, as,,,.
1.
Mr. Plummer: Oh, you want the FEC as well as two and a half million.
Mr, Geiss: Yes.
Mr, Plummer: Did you want it free? Cold water? Bait? Ice?
Mr, Geiss; Beer,
Mr. Plummer: Mermaids?
Mayor Ferre; You know you're not going to get the votes around here for that.
$1 103 September 12, 1905
Mr, Oeigs,.
Let me gay their We totally disagree with the County Attorney's
Position as
tat as we don't have any rights.
Mayor Terre:
City Attorney,
Mr, Geiss.
City Attorney,
Mr. Plummer:
Excuse me# how many boats are there that you represent?
jz,
Mt. Geiss:
Thirty-one,
Mr. Plummer: Thirty=one times fifty thousand in my estimation is about a
million and
a halft not two and a half million.
Mr. Geiss:
Yes, we told Mr. Gilchrist is over a million and a half,
Mr. Plummer:
Where did the two and a half million...? I didn't pull
that....
Mr. Carollo: His fees.
Mr. Plummer: Oh, that's his fee.
Mayor Ferre: His fee is $700,000 as I understand.
Mr. Geias: We never discussed my fees. I don't know where that comment came
up.
Mr. Plummer: Would you like to be the City's negotiator?
Mr. Geiss: Sure, at $700,000-
Mayor Ferre: We need to move on. We have to get the majority here and....
Mr. Carollo: The only thing that he hasn't asked for....
Mr. Geiss: Our basic position is that the fishermen have been there for
approximately 40 years. They went over to Watson Island; there were
approximately 60 of them years ago of which many of them went out of business.
Many of them filed bankruptcy. Many of them had various liens and as a
result, now the City's proposal, moving them over to Watson Island on an
.
interim basis is basically economic suicide for themThese people have
boats, they have mortgages to pay, they have liens on the boats to pay, they
have crews and everything else. They have been there for approximately 40
years. We feel that they have an inherent right to be there. We feel that
their right is at least superior to any right that the New World Tower may
have. We also feel that these people, what you're doing is taking away their
livelihood, their ways of making money, and we feel that is like a
$.` z''
condemnation. You're taking away their livelihood. You don't want to pay
them any money. We feel that....
Mayor Ferre: Counselor, I don't want to make light of this, because this is
serious business.
Mr. Geiss: Let me say this.
Mayor Ferre: Let me finish. These are working people.
Mr. Geiss: That's right.
f.
Mayor Ferre: We're
talking about their livelihood and I'm not making light of
it. On the other hand, unlike this marina,
0 Your
you don't have a contract.
people don't have a
contract. Whether or not
you have legal rights other than
that, is something
that a court will have to
determine.
Mr. Geiss: That's
it exactly.
Mayor Ferre; I want to tell you something.
It's not a question of backbone
or weakness. It's
a question of fairness.
All I'm telling you is, this is
one vote here, I'm
for giving those who wish to cooperate an opportunity to
solve the problem.
a! 104 Septeml)pr 12, 1985
Mr. Plummer: Only if the suit is withdrawn.
Mayor Ferre: But# M., you can't.+.
Mr, Geiss. Let me say this+
ter::
Mayor Ferre: Let me finish& you cannot hold Dan Kipnis or Mra X over here
or whatever, whoever it is who is willing to do this, responsible for the
irresponsibility of other people.
4e'
Mr. Plummer: If he is a member of that association, T can hold him.
Mr. Carollo: Maurice, let me say this to you: If you would have ran your
:-
company Maule this way, they would have gone broke a long time ago before they
did. There is no way in the world we could take care of one group and not the
4+: `
other.
BOO BOO CHANTS FROM AUDIENCE.
Mayor Ferre: Hey, this is the first time -you and I have had our differences -
this is the first time you've gotten personal. That is a personal offense to
me.
Mr. Carollo: That is correct. If you throw away City taxpayers money....
".
Mayor Ferre: That is a personal offense to me. That is a personal attack on
me.
Mr. Carollo: You are throwing away City taxpayers money like if it is your
own. Maybe you don't care, but I do. Mr. Mayor, if I may, sir, what month is
this? Do you know what month this is?
Mr. Geiss: Yes, do you?
Mr. Carollo: It's September, it's not December; it's not time for Santa
Clause to come. When you are talking two and a half million dollars, that
comes to about one per cent of our entire budget for next year. There is no
way in the world that you are going to get that kind of money from us and
particularly when this Commission has bent itself backwards time and time
;:
again to try to do right and tried to help these individuals. Just when we're
ready to come to an agreement, when we were told that it was acceptable, when
we were told that yes, we agree that this Commission has done everything it
can, then we get a two and a half million dollar lawsuit?
Mr. Plummer: No, no, no.
xw
Mr. Geiss: No, listen, no, that was a law suit filed before.
xi.
Mr. Carollo: We get a $2,500,000 cash settlement, $45,000,000 lawsuit.
Mr. Geiss: Wait a minute, that settlement was made on Monday of this week by
_
Mr. Penzell. I had nothing to do with that offer.
Mr.
Plummer:
Sir,
I asked
you before, is that still the demand as yourself.
Mr.
Geiss:
As of
today it
is, yes, but we also advised Mr. Gilchrist....
�f
Mr.
Plummer:
Are
you not
the legal representative and the spokesman today?
Mr.
Geiss:
Yes.
Mr.
Plummer%
Did
you not
say to me that it's still the demand today?
Y
Mr. Geiss: Yes, it is,
but we also advised Mr.
Gilchrist we want... we also
advised
you right here
that
we would take less money. We want something
that is
fair and equitable
for
these people. To
offer these people a thousand
Y'
dollars
is not fair and
equitable.
What you're
going to do is take these
people
and have them go
out
for another boat
yard; they're going to lose
money.
You're upgrading
their
livelihood. We feel there has to be something
fair
and equitable.
But a
thousand dollars
is not a fair and equitable
�st
amount
of money.
Mr. Plummer% Sir, do you know what contracts are?
al 105 September 12, 1985
Mr. Geiss: Yes, sir.
Mrs Plumm ert When your contract is over and the termination date is
effective, your contract is over.
Mr. Geiss: We have something beyond a contract. That is our position, which
is a legal issue, which we are not here to argue.
Mr. Plummer: What's the legal issue?
Mayon Ferre: Let's get on with it, J.L. This thing has been talked out.
Whatever the will of the majority is, let's move along. Do you need to say
something?
Mr. Geiss: Yes, 1 want to introduce Mel Stahowski, the new president.
Mr. Mel Stahowski: I'm the new president; we've hired two attorneys to try to
represent us. We don't have anything yet. I represent 30 individual boats
that form an association that deal with this problem. We have approximately
200 people working for us. They're here with their families. They're hard
working people. They've been in Florida most of their lives. They're second,
third generation Floridians. Most of us have been fishermen all of our lives.
That's our business, O.K.? Many of us have been at Miamarina for forty
years. There are people here who got their business from their father and
there are old men; one guy here is 87 years old. That is the only thing he's
ever done is fish at Miamarina. It was our understanding that this property
would be ours to use and to run our businesses out of forever.
Mr. Plummer: By who?
Mr. Stahowski: By the City Commission.
UNIDENTIFIED SPEAKER: By the City Commission before we move to Watson Island.
Mr. Carollo: Even the Indians didn't have the property forever.
Mr. Plummer: Sir, you can't sit there and say that this City Commission or
any other said that you had it forever.
Mr. Stahowski: Excuse me, Commissioner, they moved some of the members out of
the marina once before to construct a new marina. There was an old pier there
and they built a new marina.
Mr. Plummer: I'm well aware; I was here.
Mr. Stahowski: They told them to move to Watson Island and you can come back
there and you can stay.
Mr. Plummer: We're telling you the same thing now hopefully when you come
back in two or three years, but we can't guarantee that, sir. There is no way
we could do it if we wanted to.
Mr. Stahowski: You're talking about 200 families. What can you guarantee us?
So far we haven't been guaranteed anything.
Mr. Plummer: We're guarantying you at the last action of this Commission a
space as close as we can get you there on the FEC....
Mr. Stahowski; You didn't guarantee us that, you said to the best of your....
Mr. Plummer: Sir, we approved the expenditure of the money. It's not a
guarantee. Mr. Gilchrist did we not allocate the dollars?
Mr. Stahowski; To my understanding it was to the best of your ability.
Mr. Plummer; Mr, Gilchrist, was it not near $500,000?
Mayor Ferre; That is correct.
Mr. Plummer; How much of a guarantee do you want, sir?
sl
106
September 12, 1985
i
1:
Mr. Stahowski: A guarantee is a guarantee+
Mr. Plumnert Well, I'll guarantee you one thing. The
way you ate proceeding,
those 200 families by your action, are going
to be out
of work and looking for
a new job, With that kind of an attitude,
if that's
what you want, that's
what you're going to get; and we'll meet you
in court.
It's just that simple.
Mr. Stahowski: Mr. Plummer, we're not looking to go to court.
Mr. Carollo: Do you want to make the motion, or shall I, J.L.?
Mr. Plummer: I don't want to go to court either. Reasonable people can
disagree, but they don't have to be disagreeable. Sir, I want to tell you
'
something. I made the motion for the $500,000. I made the motion to put you
in that FEC slip. I want to tell you I' m taking this as a personal affront
because I went the extra mile. And when you come back and tell me that you're
going to accept what I got; now you're going to demand it; and you want two
{
and a half million dollars? Sir, I'm not here to help the greedy.
APPLAUSE.
Mr. Stahowski: I'm not... Can I continue? I wasn't here at the other
Commission....
Mayor Ferre: Finish your statement and then we move along.
Mr. Stahowski: I wasn't here at the other Commission meetings. I don't know
how personally involved the different members were. I'm not looking to offend
any of the members. We want a guarantee that we will be able to continue our
business and we want monetary compensation for the length of time our business
is shut down. That is sufficient, not as our attorneys, not as our previous
representative, but I'm talking to you as a representative of the... the newly
elected president. I'm not looking to offend anybody. I'm sorry if I
offended Commissioner Plummer. We're not looking for two and a half million
dollars. We don't know what time frame we're dealing with. No time frame was
laid out in this contract. You could put us over in Watson Island for five
years and we'd all be broke on the thousand dollars that you're willing to
give us before the new space was ever constructed and then where would we be?
a,
We're looking for some time frame we can work with and some basic guarantee.
Mr. Carollo: Can I ask you something for the record?
Mr. Stahowski: Yes.
Mr. Carollo: If what you're telling us, that you're not looking for two and a
half million dollars, that you're not looking for any of this, I'd just like
to have one question answered. How much of a fee is your attorney getting out
of that two and a half million dollars if you were to be successful, which he
won't be?
Mr. Plummer: I'll tell you what he's going to get, nothing!
Mayor Ferre: Go ahead and answer the question.
Mr. Carollo: Well, that's what I thought. The problem that you made is that
you get a smart attorney that thinks that he's going to make some quick money
out of the City of Miami. Then in a political year some people here think
they're going to pressure one individual who's running for office so that he
can cave in and at the same time then we give you what we've offered then
we're going to go to court and settle for another two and a half million
dollars. No way! There is no way!
xr '.
b•
Mayor Ferre: None of these people live in the City of Miami, so there is
" `<}
absolutely no political aspects to this.
Mr. Plummer: But they serve people in the City of Miami. They are tourist
H
promotion of this area. They are good for this area,
r
Mayor Ferre: Plummer, these people are working individuals, They're not
attorneys. They're not sharp, sharpies. They're not.,. these are working
'
_r
people, They're out there working, making a living on a boat, That's all,
They're trying to get the beat thing they can for themselves. I don't blame
E.
them, Hey, it isn't going to work. My advice to you is, for God's sakes , get
si 107 September 12, 1985
I
your slips in Miami Beach or over at the F8C property, We'll put you there.
We're willing to spend a half a million. Drop the stupid law suit. You're
not going to win it anyway, and let's get on so you can get on to your fishing
business and we can get on to our City business here, Let's move along+
fir. Plummer: Let me tell you where I sm. I want to tell you exactly so you
know. I'm at this point right now. You guys want to take an hour or two and
go caucus and talk this thing over. I want to tell you something. I'm ready
to make a motion now, whether it's Miamarina or the City Commissions if you
don't come to an agreement, we're going to give you the three day notice today
and we'll meet you in court. I don't know that three votes of that will
prevail. I don't want to do that. I want you in that downtown area. I want
you there when Bayside opens up, but I can't guarantee it to you, sir. I'd
like to have a guarantee that in my funeral business I'm going to make a
million dollars a year for the next thirty years. There's no body alive that
can guarantee me that.
APPLAUSE, LAUGHTER.
All I'm saying to you, sir, is, I'm saying to you very simply, that's where
this one vote on this Commission is. If you guys don't come to some kind of
an agreement and drop this what I consider to be an unreasonable demand, I'm
going to make that motion before this day is out. I might lose, but I'm
expressing my feeling as one Commissioner and I'm not going to come off it.
Mayor Ferre: We need to move along.
Mr. Stahowski: Would it be reasonable to request some monetary compensation
if the new facilities weren't provided, if we never got a new dock and we
never had any facilities to go back to.
Mr. Dawkins: Do you know what, sir? I've been trying to keep quiet, but
every damn body that we've moved out from Overtown ain't got no monetary
compensation and they were all Black. But oh, no! Hell no! You listen, I've
had all of this as I can take. See, but every time you guys come down we're
supposed to get excited and jump up and down because you want something. If
they give you one penny monetary value for moving, I'm going in Overtown and
find every Black person they moved and give them monetary compensation.
Mr. Stahowski: Many of us have spent our whole lives developing a business
there.
Mr. Dawkins: These people have spent their whole lives paying for homes that
they don't have.
Mr. Plummer: Sir, I want to congratulate you! You are the first man in five
years that I know that has a unanimous decision out of this Commission!
Mayor Ferre: John, do you want to say something? We have to move along.
Mr. Gilchrist: It's O.K., move on.
Mayor Ferre: Plummer, how are you leaving this? You're going to give them an
hour? Is that what you said? What is it you want to do now? You want to
give these people an hour?
Mr. Plummer: Sir, I'd like to give them a couple of hours to go think about
it, hear our problems at budget at 5:00 o'clock and realize the straights
financially that we're in. That is if they want. If they want to vote now,
I'm willing to make the motion. That is up to them. I just wanted to afford
them that courtesy to sit back, think about what is taking place and come back
and understand....
Mayor Ferre: Come back in a couple of hours.
Mr. Plummer: That is up to them. That is their,...
(AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFFERED.
el
M
September 12, 1985
52 DISCUSSION REGARDING CONTRACTOR PARTICIPATION IN THE BAYSIDE SPECIALTY
CENTER PROJECT. This item was continued to a future date)
Mayor Terre: Now were on the main issues which is the Union, nonunion
issue. Mr. Manager.
Mr, Plummer: Mr, Mayor, I think for the record, you must state at this time
that at 5:05, wherever we are on the agenda we will be stopping the agenda for
a public hearing, which is mandated by law. We have no choice.
Mayor Ferre: On the budget. John, give us a quick statement and then we'll
get... This is item 83, Mr. William de la Sierra. Is he here?
Mr. Pereira: He's here, Mr. Mayor.
Mayor Ferre: All right, Mr, de la Sierra, on item 83. First of all from the
administration, then we'll hear from you. Mr. Manager, we're on item 83,
which is the union, non -union issue.
Mr. Pereira: Go ahead, Bill.
Mr. William de la Sierra: Honorable Mayor, City Commissioners, I'm Bill de la
Sierra, president of the Florida Gold Coast Chapter of the Associate Builders
and Contractors, better known as A.B.C. I am also a local contractor. I'm
here representing the feelings of the combined majority of the open shop
segment of construction in the south Florida area today. This group
encompasses many qualified, responsible, local businesses whose only
difference from those signatory to the AFL-CIO union agreement is that they
chose the option under the laws of this state to exercise their rights to work
free of union control or intimidation. The state legislature has declared
that the right to work is the right to live. By adoption of Motion 84-1342,
you're depriving or encouraging the Rouse Company to deprive these people of
that right. Our attorneys have recently provided the City Attorney and each
of you case law, ordinance numbers, and statutes that back up our claim more
eloquently and detailed that I could. They're here with us today and
available to answer many questions that may rise in this regard. I'm also
here representing the feelings of the taxpayers, merchants, and consumers,
myself included, whose ultimate fate will be to pick up the tab for
unnecessary cost over -runs via higher prices in the market place. If the
Bayside Project and the Overtown/Park West Redevelopment Phase I Project are
allowed to be built under union -dominated conditions, I estimate those extra
cost could reach forty to fifty million dollars or more for construction. Add
to that additional financing charges, over head expenses and related costs and
pretty soon, we're talking about some real money, money that could be saved by
awarding contracts for work on those projects in accordance with your own City
Code Section 18-51.1 and 2, which clearly require free and open competition
with contract award going to the lowest, responsible and responsive bidder.
It is also a fact that the cost of goods and services will inevitably be
higher at Bayside if there are huge cost over -runs, making Bayside less
competitive with... Is our Mayor so disinterested in this issue that he would
leave the room when I'm speaking?
Mayor Ferre: No, sir, the Mayor has to go to the bathroom and the Mayor has
the right to do that.
LAUGHTER AND APPLAUSE.
Mr. de la Sierra: It is also a fact that the cost of goods and services will
inevitably be higher at Bayside if there are huge cost over -runs, making
Bayside less competitive with other shopping centers in the area. From public
statements made by Rouse Company representatives and City of Miami
representatives, it appears that both Rouse and the City have been intimidated
by a threat or imaginary threat of strikes, work slow -downs, or vandalism to
cave in, to organize laborers' demands for union -only construction, an action
that we contend is illegal in the State of Florida. Open shop projects in
this area are built every day with union and non -union workers working side by
side without strife. It has been shown that only when unions try_ to dominate
the project that strife is seen. I might add that whether it's known to you
or not local trade unions have a two-tier wage scale. One tier, about $13 an
al 109 September 12, 1955
hour is used when they are competing with open -shop contractors+ Another
tier, approximately $18 an hour are used when there is no competitive bidding.
Gentlemen, please understand that we are not anti -union.
BOO B006
We respect the right of unions to exist+ Many union members here today are
working on open shop projects, We are not asking you to require that this
project be built solely with non -union labor. We're asking you to allow all
contractors the same opportunity to participate on these projects based on
fair and open competition. We urge you to please amend the motions using
union --only restriction by addressing the minority set aside provisions and
leaving the balance of the contract awards to the competitive bidding process
for the good of all. Everyone in this community wants to see the Bayside
Project built. However, it's simply not fair to exclude the overwhelming
majority of the work force and voters in this community from participating.
It is a fact that the Rouse Company is presently building in the State of
Florida under an open shop basis. This would lead me to believe that the
union -only restriction in the Commission motion was initiated by the City.
Thank you very much.
APPLAUSE.
Mayor Ferre: Before we get into a counter discussion here, I would like to
get some legal aspects, Mrs. Dougherty. You have a letter form Mr. Abrams.
Mr. Abrams was with me last night at Coconut Grove Bar Association, Mr.
Abrams, here you are, and he asked me some questions. I want to make sure
that I gave the proper answers. In the first place, there is no question that
the State of Florida has a right to work law and we are all aware of that. In
the second place, the motion that was passed in December was a motion of
9 intent, further ratified in July.
Mrs. Dougherty: Yes, sir.
Mayor Ferre: The Commission voted unanimously at that point. The question is
this. Does a government, the City of Miami, have the right to express a
preference?
Mrs. Dougherty: Yes, sir..
Mayor Ferre: Is that in any way in and of and by itself a violation of the
someone's rights to the constitution of Florida and the right to work law?
Mrs. Dougherty: No, sir, Mr. Mayor.
Mayor Ferre: Is there a practical solution legally to this problem if the
Commission wishes to maintain this position as before?
Mrs. Dougherty: Mr. Mayor, I don't disagree with anything in Mr. Abram's
letter. In fact, we would concur with what he said, but however, that was not
the City's intent to require that all workers on the job be union laborers.
There is something that the City could do. It could do one of two things. It
could require the contracts or the contractors that we... that Bayside enters
into have entered into collective bargaining agreements or pay prevailing
wages. We rely on the case of Trial Trades Employees Health and Welfare Trust
Fund of Dade County et all versus Edward L Nelsnick, which the U.S. Court of
Appeals held that a subcontracting clause and bargaining agreement between a
contractor to subcontract only with signatories to a collective bargaining
agreement does not violate the constitutional provision since the bargaining
agreement did not contain a union security clause. Based on that case, we
would, if it was your intent and your wish to require the contractors to be
signatories to a collective bargaining agreement, you could do so.
Mayor Ferre; One last question. There was also a resolution of intent
somewhere in this whole process that earmarked up to 35% of the total on a
dollar value basis, up to 35%, 17 1/2% Black, 17 1/2% Latin minority
participation.
Mrs. Dougherty; We, in fact, entered into an agreement with Bayside with a
goal of 17 1/2%, yes.
Mayor Ferre; Does one thing contradict the other legally, in your opinion?
Mrs. Dougherty: Not per se, no.
al 110 September 12, 1985
Mayor Ferre: I have one last question. That deals with the Baltimore
R'
=:
agreement that Rouse sighed with Harbor Place. Have you seen that Baltimore
'M
agreement?
,
r
Mrs. Dougherty: Yes, sir; I saw it, but I can't tell you I'm totally familiar
'
with it.
Mayor Ferre: In your opinion, was that contract illegal in Florida?
tT
Mrs. Doughertyt It is not, and Maryland is also a right to work state.
t
Mayor Ferre: Maryland is a right to work state.
Mrs. Doughertyt Yes.
Mayor Ferre: And that contract was signed between the Trades in Baltimore and
the Rouse Company,
Mrs. Dougherty: And Harbor Place, Inc., yes, sir.
Mayor Ferre: I just wanted to get those legal premises established as we
continue on this.
Mr. de la Sierra: Mr. Mayor, I believe that the City Attorney is wrong in her
opinion.
Mayor Ferre: Are you an attorney?
Mr. de la Sierra: No, but I have my attorney here who would be willing to
speak on that.
Mr. Robert Kofman: My name is Robert Kofman. I'm counsel for the Associated
Builders and Contractors. I believe the City Attorney is wrong. The case
she cites relies upon the agreement being in the context of collective
bargaining relationship. The City does not have any collective bargaining
relationship with any building trades. The Supreme Court held in 1975 in a
case called Connel Construction Company vs. Denal R.B. that if it arises
outside the context of collective bargaining relationship, you're liable for
violations of the Sherman Anti Trust Act. I think here, our firm submitted a
letter to the City Attorney and it is our opinion that if the City goes
L
forward with this motion, it would be violating the Sherman Anti Trust Act and
the conspiracy to restraint trade in a group boycott with the trade unions to
keep out the open shop contracts.
Mayor Ferre: Do you concur with that opinion?
Mrs. Dougherty: Mr. Mayor, we have not researched that case and was not
provided with it. On the other hand if you do prevailing wage, you would not
*, be in violation of the Sherman Anti Trust Act, if you require Bayside to pay
prevailing wage rates.
UNIDENTIFIED SPEAKER: Mr. Mayor, may I make one short comment, please?
Mayor Ferre: One last question that I do want to ask and I want to make sure
because I want to ask the Rouse people to clarify it. It is my understanding
and I've heard and I told you this last night, that I have heard that the
`. Rouse Company has told contractors and sub -contractors that if you're not
union, don't bother bidding. The Rouse Company totally denies that. I want
to make sure we understand that whomever is going to make that statement, I
{ want to put under oath.
Mr. Ira Abrams; Sir, I think a more accurate statement would be that came
from Beck, who is the general contractor working under Rouse on the job, and
that is a fact.
Mayor Ferre; Mr. Dauseb, is there a representative of the Beck Company here?
Mr. James Dauach: No, air, I don't believe there are.
Mayor Ferre; Because I understand from your company that nobody has been told
4 z that they are precluded from bidding on this process.
sl 111 September 12, 1985
Mr, Plummer! On the record) please) identify yourself.
Mr, James Dauscht My name is James
Rouse Company and I direct the Bayside
that not true) and if a member,,..
Mayor Ferre! What is not true?
Dausch, I'm the Vice President of the
Project for the company, Not only is
Mr, Dauscht Not only did no member of our staff make the statement that you
suggested, Mr, Mayor) that someone had told you we had made, but we convened a
very large meeting of minority contractors, both union and non -union) and put
on the record at the beginning of that meeting that we had not made an
agreement with the unions; that we were negotiating with them, but we
encouraged every one of them, union and non -union, to bid on the job. That is
still our position. In fact, many did so.
Mr. de la Sierra: Mr, Mayor, I attended that meeting. I also attended a
subsequent meeting that was held by Commissioner Dawkins at the James L.
Knight Center.
Mayor Ferre: Wait, wait, wait, is Dawkins around?
Mr. de la Sierra: At that meeting, the same thing was stipulated. I
contacted Bob Strelow with the Henry C. Beck Company and expressed to him my
feelings about locking out open shop contractors. Mr. Strelow told me that he
suggested that I bid the project as an example. I did take plans; I did bid
the project. I bid the steel erection portion of that project. Henry C, Beck
Company indicated that combined bid for the steel frame on that project was
the low bid. However, they also indicated that my erection figure or my
company could not be utilized on that job because I was non -union. Keeping in
mind that the low union bid was 25% higher.
Mr. Ira Abrams: Thank you, Mr. Mayor, my name is Ira Abrams. I represent in
this context the Associated Builders and Contractors. I also have been
counsel for Mr. de la Sierra's Company, Independent Enterprises. We tested
this very issue in a case involving Edward V. Fitzpatrick Company. It's true
that case did not involve a municipal government. However, it involved much
the same issue as this Commission is confronted with. The case resolved
itself favorably to the plaintiff in that case. I simply would say that the
position that I hear today seems to be that the motion, as amended, is not
binding. It's merely advisory. The fact is, however, that it is having a
practical affect in stifling competition and preventing non -union bids from
being entertained. They are in fact being discouraged and, Mr. Mayor, your
own statement in the July 18th minutes on page 66 of those minutes refers to
an agreement that had been made not to use non -union labor on this job and I
think I'm correct in that statement.
Mayor Ferre: I was referring to the Baltimore agreement at all times.
Mr. Abrams: Well, let's say, at the very best, the statements are vague and
ambiguous, as I read them, but it certainly seemed to appear to apply to this
particular project. There can be no union -only agreements in the State of
Florida. I think we can all agree that the law of the State of Florida would
prohibit that. The only thing that we are asking for the City to do is to be
neutral, not to prefer non -unions over unions, but the City should not prefer
union groups over non -unions. The fact is that a strike can come from any
source. A picket line can come from any source. There's no reason to believe
that because union labor is employed on this job, everything will go smoothly.
These no -strike clauses that you refer to last night, I believe, are illusory
because they are broken every day of the week. That is a fact.
Mayor Ferre: Let's hear from the other side.
Mr. James Johnson: My name is James Johnson. I'm in direct competition with
Mr. de la Sierra on this project. I was also in direct competition with him
on Topa.
Mayor Ferre; Are you in the steel erection business?
sl
112
September 12, 1985
a
A
Mr. Johnson: V ft in the steel erection business and 1 didn't realize this Was
going to happen) but after Topa) I think I need to talk. On the Topa project,
Mrs de la Sierra was involved with the steel fabricators:
Mayor Ferre! Topa is Miami teach....
Mr. Johnson: Miami Beach.
Mayor Ferre: ....for those who don't understand.
Mr. Johnson: Their price was $14,000,000 or close to that. I am a union
contractor and then with another steel fabricator our price was the $7,000,000
figure. They were twice our figure. It seems that right before the bid, we
were asked to turn in a figure to count) to take care of something like this.
On this project right now he's talking about, I've been negotiating with them
on the steel price. The unions have made quite a few compensations to where
at this point right now, and I can tell you from a job I'm doing at Merryl
Stevens that we're in direct competition if not sometimes lower because of the
different D.E.F class books... I can only speak for the iron work although I
am a general contractor. I think that a lot of times is what is happening in
our City right now is that I feel that I am a competent bidder. I've come up
through the ranks as an apprentice all the way through. I went to school to
learn what I'm doing. I bid a project from the time it's incepted until it
goes out. Then it seems that a lot of the things that are happening now is
you can bid a project and then the project is awarded by negotiations after
bids. I'm upset right now because people have been using figures as I put
them through and Mr. de la Sierra seems to know that I'm 25% higher than him.
I would like to know how he that and what the figure is that he knows it is.
I mean I can't quite understand if he has this much contact, which he did on
Miami Beach with everyone... in fact, they finally... we were the contractors
that were because of a small stipulation, the fact that we didn't put up a
certain bond because of insurance reasons were put out and then negotiated
with the people that he was involved with and they came down to below our
figure to somewhere in the six and a half million dollar figure. How can you
go on the same project... and I was the one that was at the meeting with
Church and Construction and gave them all of the ways to cut construction
because of insurances, raising the roof on Topa, which is something I do as a
specialty and I'm sure Mr. de la Sierra can't say that. I know my business
and what I'm saying is this. How can you take a $14,000,000 drop at
$6,500,000 when I took the same project after bidding $7,000,000 drop it
$500,000 and with the insurance requirements and the different things that we
had talked about with raising the roof? When it gets down, right now when you
are talking open shop, most of the jobs I bid, I bid a hundred jobs and out of
those hundred probably ninety are open shop. The open shop people bid ours
now because everybody is working collectively on jobs. The thing is you must
bid the job before hand. You don't negotiate the job some underhanded way.
This is the most important thing, is this, that you, what knowledge I've
learned, I don't want somebody else using it against me and right now it's
hurting me because in a lot of the contracts that I have at one time, I work
maybe 80 maybe union people. Now I'm down quite a bit. This is because of
all the contractors moving from out of state and all the things happening. I
am from Baltimore, Maryland. I'm quite familiar with the project up there.
I've lived down here 18 years and I'm familiar with what's going on here.
Mayor Ferre: Any other speakers?
Mr. Ernest Taylor: Mr. Mayor, Commissioners, I had the pleasure of meeting a
few of you before. Just to get this record straight on union and non-
union....
Mr. Plummer: For the record, sir, your name.
Mr. Taylor: My name is Ernest Taylor. I'm the president of South Florida
Cabinet's District Council. We have local unions all over Dade County and a
couple in the City of Miami. This gentleman over here was talking about union
intimidation. Now he's talking about intimidation, the right to work and
everything else. What the right to work gives the people of this here
community is the right to work for less and for a contractor if he is non
union to make more profit and keep the standard of living for the people
working for him below the standard of that of what the union people are
:caking. If the union people can make more money, it's a better standard of
living for the working people of this community. That is our goal to raise
sl
113
September 12, 1985
�i
the standard of living for everyone in this community: tie talks about
intimidation$ the A+B+Cs' non=unions we`re intimidating them? Why did they
target the City of Miami and four other cities in this country where they want
._
to come out strictly and bump millions of dollars into it to bust the unions
to lower our standard of living; to hurt our membership+ I come from a local
union with 800 members, 35% of the members are minorities and to show you that
I'm not against minorities, I married a Cuban 27 years ago and I'm married
still married to her today and I'm happily married, With the minorities in my
local union, I've worked in the field with my tools, the local union are
men.., if I have an election and you wish you could ask for support the way I
get it, if I have 500 members eligible to vote in my election, I'll have 300
of them come out and vote for me and 200 of them will be Cubans, Now this
`
intimidation that the union and nonunion... you know, they're out to bust us
.
and the A+B+C. is out to bust us and lower our standard of living and we're
going to fight back and fight for the community, the working people of this
community, the elderly, the poor, and everyone else that the unions has always
fought for. Thank you, Mr+ Mayor*
Mr+ de la Sierra: Mr. Mayor, could I make a statement?
Mayor Ferre: Go right ahead.
Mr. de la Sierra: Mr. Mayor, I'm not here to debate Topa. That is a
completely different project. I'm not here to debate union scale, union
wages, or union privileges. I am solely here representing 85% of the workers
that are going to be prohibited from working on this project because of a
union only clause. I have no problem with the unions. I've said before that
many of our members are keeping the union members working and feeding their
families today. All I am asking for is fair and equitable right to compete on
this project and not be shut out simply because we're non -union. That's the
only issue here.
t
Mr. Joseph Kaplan: Mr. Mayor, members of the Commission, my name is Joseph
Kaplan. I am an attorney. I represent the Miami Builders Construction Trade
Council and a goodly number of the building and construction trade unions in
Dade County and elsewhere in Florida. I really don't want to discuss the
philosophy of union and non -union; nor do I wish to take issue with the
'
representative of A.B.C. I would however, take issue with anybody that
expresses a legal view on the subject before you. Number one, the Florida
right to work law merely prohibits the discrimination between union and non-
union workers. There is no prohibition against this Commission or anybody
else who wishes to build to say that they want to sign contracts only with
contractors who have agreements with unions, agreeing to pay the prevailing
wages in the community, paying the pension benefits, paying the schools that
set up the apprentice and training programs. That kind of arrangement which
your counsel made reference to is perfectly legal in the State of Florida. I
'=
have observed every single union contract in Dade and there isn't one contract
that says that a union contractor has to employ only union workers. As a
'!
matter of fact, if it said that, that would be against the law. Every single
',:•,
contractor who has an agreement with the union obliges himself to employ
workers who receive a particular scale of wages and particular benefits.
That's all we're talking about. No contractor should discriminate against
workers because they're union or non -union. The sense of the resolution or
the intention of this Commission last made in July of this year was not to
discriminate against workers because they're union or non -union, but rather to
prefer that the contractors on the job pay the prevailing wages and have
contracts agreeing to do that.
rt
�3 =
Mayor Ferre: We're coming quickly to 5:05. We've got eleven minutes left and
then we're going to go into the budget hearings. Are there any other
statements that need to be made at this time? Mr. Dausch.
:
Mr. James Dausch: Thank you, Mr. Mayor. I just wanted to put a couple of
t
points into the record. One, it is our responsibility as the developer, and
not our contractors to award, to make the decisions on contracts to get
y:
awarded. Second, we have not awarded any contracts yet. Third, we haven't
.,
signed up any union agreements yet. Fourth, as a matter of history, you may
be interested to know that the A.B,C. group in Maryland challenged the
Baltimore agreement in court and was not successful, Nevertheless, while we
mow`
have been negotiating in good faith with the unions over the past several
months, we have not come to an agreement because we view our contractual and
moral obligation under the minority participation agreement to make the goals
sl 114 September 121 1985
that we undettook there as paramount and would hot sign an agreement unless we
were confident that at the same time we could do so. Second, we have taken
the position all along in those negotiations that our merchants, who will be
doing a lot of construction work in the project itself must be free to work
Merit shop. Third) we've made the point that our operation staff must not be
forced by in the beginning to be required to be union without prejudice
obviously to the rights under the law to choose to do so at a later times so
we haven't signed up yet. We read your resolution in December as expressing
an opinion to which we gave great respect, but not as legally binding. The
matter before you today, technically, is a resolution to amend the minority
participation agreement that Commissioner Dawkins requested, to make it clear
that we were making an effort to get parity between Blacks and Hispanics. I
think we are certainly going to be able to make the 35% no matter what we do
and we're going to do our best efforts as the Commissioners indicated to get
that parity. Thank you, sir.
Mr. Ed Stevenson: Mr. Mayor, my name is Ed Stevenson. I'm the president of
South Florida AFL-CIO, with offices at 4090 Laguna. I represent 70 local
unions, the AFL-CIO. 1 could really give you a tirade this afternoon. I
simply take that that gentleman over there from A.B.C. is not telling
the truth. My people never intimidated anyone. Secondarily, to be very
brief, Mr. Mayor, what is the federal in Baltimore is the same federal law in
Miami. We agree with your motion of intent and we agree with your City
Attorney. Basically, what it says in essence is that those who work for this
project will get a decent working wage and a living condition here in the City
of Miami. Basically, we agree wholeheartedly with your motion of intent and I
would respond to any questions from that gentleman over there, if he dares.
Mr. Plummer: Mr. Mayor, I think it is only appropriate, excuse me, on the
record, that we recognize that this is a great day, and that is the birthday
of Ed Stevenson. Happy birthday, Ed. Now if he wants to say how old he is,
that's his business. I heard that he was turning "umm" years of age.
Mayor Ferre: Happy birthday to you, Eddy. I don't know what the rest of this
Commission wants to do. I will start off by reiterating my position. I voted
..
for and will vote again, as I did in December and July and the intent is very
clear. I recognize this is a right to work state and nobody can be precluded
from working because he is or is not a member of a union or a company that has
or does not have union membership. That is clear. I also know that Maryland
is a right to work state and that the Rouse Company signed a contract with the
AFL-CIO. I have a copy of that contract. I have read it. I think it is a
reasonable contract. Eddy, I want to point out to you, because I don't see
Dan Horton here, that Dan, I've told Dan on several occasions that there are
things that I understand from the Rouse Company that the unions have asked
for that are not part of that agreement. We can't talk about whether or not
an on -going operation inside of Bayside is going to be union or non -union.
That's not an issue here whether the bartenders or the hotel workers are union
.
or non -union. That is not something that we can deal with. I don't know that
'.
has or has not been an issue. Rouse says that there are insular issues that
are not part of any of this. I need to tell you that my position is the same
{
that it was last year and that is that the City of Miami Commission with the
'r
majority as a matter of record states that wee have a preference that this be
as much of a union job as possible, paying prevailing wages, prevailing
'.
benefits, without jeopardizing the rights of workers to work on a non -union
basis if they so wish, which is what the state guarantees them. I don't think
there is any problem at all, nor will there be any problem of Mr. Dausch and
'
the Rouse Company meeting the 35% minority requirements. They are well on
a
their way to do that. Some of those contractors may not be as I understand
it, union contractors. There's nothing we can do to force either the Rouse
Company or anybody else. They have to have the freedom of action. They
fi
understand what the Commission's intentions are, but the law is the law. What
I would like, frankly, is for you to conclude an agreement with the Rouse
Company as quickly as possible based on the agreement that you have a copy of.
wa,
Joe, have you a copy of it?
S
i
Fn
Mr. Joseph Kaplan; Are you talking about the Baltimore agreement?
Mayor Ferre; I" talkin about the Baltimore contract. If
g you can stick to
+s
that , that's already been tested in court, They have a right to work there
F
x t
and it's been tested in court. The quicker you can get to that, I think the
x�
better off everybody is going to be.
al 115 September 12, 19a5
0
k
Mr, Kaplan,. Mr, Mayor, may I say just a few words on this point. Does it
really take any action on the part of the Commission
Mayor Ferret No,
Mr, Kaplan: You have expressed yourself in July as to what the intent of the
Commission was, The matter is at the hands of Rouse and its general
contractors, I really don't think anything needs to be done by the
Commission,
Mayor Ferre: I don't think so either. You know, Mr, Aurelio Pena was here
with the Latin Builders of the others, if you or any of your people are
successful bidders; God bless you! You know, that's between you and Rouse, I
don't have any problems with that. That's something you're going to have to
deal with. What is is. That's one man's opinion.
Mr. Plummer: What else is there to express? My vote stands on the record, I
have no intentions of changing my vote. I don't think this Commission could
be expected to or requested to ask any developer to break the law, The law is
clear. As long as that is not a violation, all this Commission has done at
its best is to express its opinion. I think that we have to remember that the
concern of Mr. Dausch when he stood before that microphone was that he felt
that those assurances would in fact get him finished on a completed date, He
expressed that very clear and very loud to this Commission that he felt that
with these clauses, and I'm sure if they are non -union contractors that are
successful bidders, I would expect him to have the same no strike, no stoppage
clause in that contract because I want to tell you something as one member of
this Commission, if he is not open on the date that he promised, I'm going
on... and I have been known to get mad once in a while and I will be very mad
if he is not on that date, so all I'm saying to you is, if there is a vote to
be taken, which I don't think is necessary, but if it is, my vote is the same
and in no way is my vote reflective that I'm asking anybody to violate the law
of the State of Florida.
Mayor Ferre: Any other statements by other members of the Commission? Any
other questions by members of the Commission?
Mr. Dawkins: I've got some things to say; half of it should be said when
this is over. But the other statement I have to make is that I went into this
same as every member of this Commission, I think. That was wanting the worker
to make as much money as possible. If that's union, fine. If it's non -union,
fine. As long as the money remains locally, that's my biggest problem. When
this is finished, I do have something to say, Mr. Mayor, along those lines.
Mayor Ferre: Any other statements at this time? If not, as far as I'm
concerned, item 83 is concluded.
Mr. Dawkins: Mr. Mayor, I'd like to make a statement before anybody leaves.
Mayor Ferre: Go ahead.
Mr. Dawkins: What is the gentleman's name that was standing here, the steel
erector? Come back over here, please.
Mr. Johnson: My name is James Johnson.
Mr. Dawkins: Mr. Dausch, I share the same concern that he has. That concern
is all I've been hearing all along is that this job is $4.5 million over
budget. All I've been hearing is that we are trying to bring it down. It's
your job to bring it in where you can. It's his job to make as much money as
he can. But the problem I have, sir, is that to me this is sharp bidding. He
brought his bid in and this guy over here knows what it is.
Mr. De la Sierra: What I said was that when I was turned down for the project
and I asked why and I was told that it was non -union, I requested to find out
what the average of the rate, of the contract for the steel erection was and I
was told approximately 25% higher. I did not bid rigged. I have never bid
rigged. I don't intend to ever bid rigged.
Mr. Dawkins; We've been on this long enough. O.K., sir, I take that, no
problem. But I do have a problem in now I c$lled a meeting yesterday morning.
sl 116 September 12, 1955
r:
I had three Black contractors and four Latin contractors and all we heard all
morning was, and we didn't get into the union and non=Union. We got into how
the hell to get the jobs here in Miami. All I heard, stand up, Mr. Alonso.
All we heard all morning was the job is $4-5 million over budget. We never
heard how we are going to sign a contract with somebody to get this done- So,
Mr. bauscht I would hope and I'm going to tell you now, and Mr. Weaver, if you
come back before this Commission with anything else dealing with Bayside and
there are no signed contracts with contractors to put somebody to works I'ra
delaying everything. I mean I'm not going to vote on its because we've been
at this long enough for us to have identified the people, I mean, not if we're
not working; the people you have signed the contracts with so we can get to
work, sir.
Mr. Dausch: Commissioner, you are correct in saying that while we have been
bidding the job, we have been trying to bring its cost down, but it's been
through value engineering, not through bid shop. However, we as a private
developer, are not bound by some of the same constraints the public
contractors are about not being able to negotiate bids and we do try to do
that to make sure that we can make the best deals that we can. We have
identified, as you know, some of the areas where we think we can get minority
contractors on a preliminary basis without having had a chance to talk to any
of the contractors yet and without having winnowed anybody in or out. This
gentleman may have talked to somebody from Beck who said that he can't work on
the job, but whoever said that from Beck, if they did say it and they're not
here, didn't speak with authority. The fact is that unless we have an
acceptable contract with the unions, he may very well be in the running. So,
we can't say that. But I have committed to you, as you know, over and over
again that we're going to make the goals and I think I'm much more confident
now than I used to be that we can make them with no matter which way this
issue gets resolved and what I need to have to be satisfied about in our
continuing negotiations with the Building Trade Council is that I have enough
flexibility that I can respond to both problems and opportunities in dealing
3 with a need to get dollars and rough parity between Blacks and Hispanics.
That is not an easy job as I'm sure you understand. But I take your point and
you have been very clear on that all the way through and I have appreciated
your advice and your willingness to convene the seminar that we had in July.
I take your point.
Mr. Dawkins: One last question to you, so that all of us out here know where
we are. We have earmarked 37% for minorities. Is that correct?
Mr. Dausch: Thirty-five.
o Mr. Dawkins: Thirty-five, 17 1/2 and 37 1/2; is there anything written
?
anywhere that the other 63% cannot be non -union?
Mr. Dausch: Nothing written, no.
Mr. Dawkins: So then anybody who bids on the other 63% of the total percent
that we got for minorities, if they are low bid, can get the job. Is that
,-
correct?
<'
Mr. Dausch: Not necessarily.
Mr. Dawkins: What makes the difference?
Mr. Dausch: There is nothing written in any agreement between us and the City
that requires, requires legally the balance of the job or any of the job....
,t
Mr. Dawkins: I beg your pardon?
S.
Lx
Mr. Dausch: None of the documents so far require that any of Bayside be
committed to union contractors, nothing legally. We've had an expression of
opinion from the Commission, which we respect. If we sign a certain kind of
T
an agreement with the unions, it may be that 65% of the job, or whatever the
part is that is non minority or even part of the minority part, may go only to
union contracts. That is the nature of collective bargaining agreements. If
s.
we do not have a contract with the union that is acceptable, it may not, and
that determination has not been made and the prime consideration in making
that determination is whether or not we feel comfortable that we can make our
minority goals, If we don't feel comfortable about that, we're not signing
y�
uP►
sl 117 September 12, 1985
0171
Mr. Dawkins: Mt-6 Bailey and Mr. Manager, I have a problem with this# but
there is nothing I can do about it, I still say we're sharp bidding. I
moan# we can a17. it
to have bids anything we want to call it. But for us to have, for me
call
` hand and to keep going back to contractors telling then that
I'M over -budget and you got to come down, come down; come down, you can call
it anything you want, but it's sharp bidding. Where is Mr. Bailey?
Mr. Dawkins: But Mr. Manager, when it comes to Overtown Park West and you
bring the developers in, the developers must have the contractors and the
subcontractors name on whatever he is permitting at the time he submitted. If
we got to go back out to get more bids. We throw the bid out and start over,
is that clear Mr. Manager?
Mr. Pereira: Yes, sir.
Mr. Dawkins: Thank you, sir.
Mayor Ferre: All right, it is now 5:13 and under law we must go to the budget
hearings at this time. Thank you, for your interest and attention today.
AT THIS POINT THE CITY COMMISSION TEMPORARILY RECESSED THE REGULAR
PORTION OF THIS MEETING TO OPEN THE FIRST PUBLIC HEARING ON THE FY-1985-
1986 CITY BUDGET.
THIS FIRST PUBLIC HEARING ON THE BUDGET WAS CONVENED AT 5:14 P.M. WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT EXCEPT
COMMISSIONERS CAROLLO AND DAWKINS.
53. FIRST PUBLIC HEARING ON FY-1985-1986 CITY OF MIAMI BUDGET.
Mayor Ferre: Ladies and gentlemen, we are now on the budget hearing. Mr.
Manager, the Chair recognizes the administration.
Mr. Pereira: Mr. Mayor and members of the City Commission, the agenda that
you have before you relating to the first public hearing on the FY'86 budget
as been prepared consistent with the State of Florida Truth and Millage
legislation, better known as the Trim Bill. The agenda format must be
followed explicitly in order to adhere to the requirements of the trim bill.
Before the Commission adjourns this evening, we must vote on the following
items. The adoptive tentative millage rates of the City and the Downtown
Development Authority and we adopt a tentative budget for the City and the
DDA. We will have a second public hearing on the FY'86 budget to be held on
September 17, 1985. That is ,I believe, next Tuesday and we will finalize the
Trim Bill process and complete the FY'86 budget schedule. Before you you have
the agenda for the budget Mr. Mayor and our recommendations that we go through
each of the items in order that it's presented and it's required by State law
and we will be prepared to answer your questions.
Mayor Ferre: All right, sir. Go right ahead and let's follow the law and
then we will get the public hearing open. Go ahead.
Mr. Pereira: Mr. Surana.
Mr. Surana: Yes, sir. The first thing required discussion of proposed
millage rate and a tentative budget for the City of Miami. Item "A"
percentage increase in millage over rollback rate. The response two and nine
tenth per cent. "B" specific purposes for which ad valorem taxes revenues are
being increased. Response, partial funding for public safety services. Cost
$2,403,432• "C" City Commission listens in responds to the citizens comments
regarding the proposed :village increase and explain the reasons for the
increase over the rollback rate.
ii8 9/i/85
1
;
'ter
Mayor Ferret All right, which is we are now on Item "C" which is the citizens
now have the right to comment regarding the proposed millage increase and
explain the reasons for the increase over the rollback fees, Is that correct?
.,
Mr. Surana: Yes, sir.
Mayor Ferret Is this the public hearing portion of it?
Mr. Surana: Yes, sir.
Mayor Ferret All right, we will now listen to members of the public who wish
to address the Commission on this public hearing. The first person is Seth
Gordon. Mr. Gordon? Seth Gordon. Is Mr. Seth Gordon still here? Mr. Gordon
is not here so I assume the next public speaker is Mr. Rod Glaubman and the
Chair recognizes Mr. Rod Glaubman. Rod.
Mr. Rod Glaubman: My name is Rod Glaubman. I'm the producer of the Big
Orange Music Festival and I'm here to appeal to you on behalf of the PACE
organization for consideration of funding for this years. Not for the Big
Orange Festival. That's even has been canceled. The Miami Music and Heritage
Fair in Bicentennial Park has been canceled, but I am here to ask that you
consider appropriating funds in support of PACE's ongoing yearly activity.
For those of you that have been here for several years you realize that the
Big Orange Festival was our single largest funding raising project of the year
in support of the projects that we do in the schools and the hospitals and I
would ask that instead of funding festivals which I understand is a major
problem with the City of Miami, that you consider an appropriation to PACE in
support of their ongoing yearly project. Thank you.
Mr. Mayor Ferret Thank you very much. The next speaker is Steven Parson.
Mr. Parson: Thank you, Mr. Mayor. My name is Steve Parson. I am one of the
producers again, in the Big Orange Music Festival. I would like to speak
again in behalf of the PACE Concert organization and respectfully ask the
Commission make an appropriate to PACE Concerts in support of its annual
operation and in support of its Big Orange Music Festival and any
`
consideration for that grant PACE will be naming the City of Miami as a
presenter of the Big Orange Music Festival 1986. Thank you.
Mayor Ferret Ok. Thank you.
Mr. Plummer: Well, just for the record, because I still consider PACE friends
of mine and I always will and I want to congratulate you for what you did at
the Governors... Southern Governors Conference. You put on a very nice show,
but I want you to understand so there is not anything misleading. At this
time there is no monies in this budget for such activities and second of all
;X; r
at this time the policy of this Commission has not changed. So, I don't want
^'
r,
it to be misleading. I see my boss over there Mr. Eloy is ready to get up and
to talk and he is well aware, because I told him so at the last meeting. That
there are no monies presently in this budget, none are scheduled and the
policy has not change. So, I just wanted to put that on the record.
Mayor Ferre: All right, the next speaker is Song Festival, Mr. Eloy
y.
Vasquez.
Mr. Eloy Vasquez: Mr. Name is Eloy Vasquez. My office is 4011 West Flagler
4
Street and we are also requesting assistance, financial assistance for the
"
Song Festival, that you know, was held about two weeks ago. I was
televised via satellite to five Countries and throughout three hundred fifty-
eight T. V. stations and approximately twenty million people saw the program.
During that program we have also five minutes audio visual presentation and
A
I'm not going to talk about also for, but, you know, in term... in
_.
"'
consideration of all the promotion given. We are requesting also funds.
Mayor Ferre: All right, thank you, Mr. Eloy Vasquez. The next speaker is Mr.
�a
Lester Freeman.
Mr. Lester Freeman; Thank you, Mayor. Lester Freeman, 2180 Brickell. I'm
-•= ,_�
here tonight as Chairman of Miami Citizens against crime. With me is the
gl 119 September 12, 1985
i
}
Chairman of our group Mike Goldberg and Admiral Van M belt the Executive
Director of our group, 'thank you for listening to us, I'm not going to take
'
long, Your program that you proposed makes an increase in the public safety
allocations and we appreciate that, We think that you are making,,. sending
the right signals on this this terrible problem we have with crime, but we
think that crime and criminal problems are still smothering many of the
?f
resources that we have available in this area to deal with the scope of the
=,
problem You are doing probably as well as you can do under the ten mill
='
cap, Therefore, we are pretty well satisfied after looking at this thing for
sometime that within the cap we really can't in the City of Miami make e
measurable difference, have a measurable affect on this terrible serge in
crime that we have.
Mr. Plummer; Is that Non -group Freeman?
Mr. Freeman; Sir:
j
Mr. Plummer; Is that Non -group Freeman?
Mr. Freeman: No, no, this is your neighbor and former friend Commissioner.
Mr, Plummer: Do you know that they had your picture listed as one of the Non-
... You should object to that.
Mr. Freeman: They spelled my name right. I don't ever object when they do
that.
Mr. Plummer: Oh ok. The called r oup.
Y you a non -group.
Mr. Freeman: Actually they did and they misspelled it on Channel 10. Why are
we so frisky today when the criminals are carrying our city away? We can't...
i
we are satisfied honestly, that we... the City of Miami and Metro cannot live
within this ten mill cap. The ten mill cap when it was conceived was terrible
government, but most of us at that time were below it to such an extent that
we had enough room to maneuver. There is no room left to maneuver now in the
t
City and in Metro and most of the other cities in Dade County and yet we must
make a significant effort to reduce this crime and so we proposed day before
yesterday to the Metro Commission that under the Constitution the citizens of
the community are authorized if they vote by referendum to increase their real
estate taxes for whatever purpose they choose. That authorization under the
Constitution, if they citizens vote on it is limited to two years. Now, that
I think is good, but it also creates some problems. We propose that Metro by
resolution which they can do, place on the November ballot an ordinance to
Y
stop crime which would have the fundamental elements, some of which are
obviously, and certainly negotiable, that we let in an additional one mill
`
County wide property tax, that the proceeds of this tax to be used for law
'
,f
enforcement programs and criminal justice system reinforcement such as
additional sworn officers in the jurisdictions, correctional officers, law
r-.
enforcement support facilities such as communications, automation and
s
transportation, criminal court support, State Attorney support and Public
Defender support. We ask that the ordinance include and oversight commission
which would satisfy the voters that their money was going to be spent as they
voted ion it. We don't think that we can go to the public and ask theme to
�4gry
�-
vote for increased taxes unless there is an oversight and an accountability
g y
proccess built into it. We ask that funds are not to exceed five million
dollars of the proceeds be used to establish a sworn officer reserve force to
be used for special events crowd control and to meet extraordinary security
requirements. That's should be particularly attracted to the city of Miami
because you get stuck with this crowd control and these special events.
3.` r
Particularly this last weekend all the time and it creates a terrible problem
for your police force, We ask that the funds that are collected by the level
be kept in a special interest bearing escrow account available for purposes of
the ordinance and drawn down with the approval of the oversight commission.
r°-
We ask that the distribution of funds except those for the special reserve be
returned to the municipalities based on a formula reflecting the proportionate
$
share of resources the municipality is presently dedicated to the complete
Dade County Criminal Justice System. We know and want to protect the City so
¢Y
that they participate in this one mill. You don't have to go through the
q
political perhaps displeasure of placing it on the ballot, but we are trying
to protect it so that the municipalities participate, we also, ask that
gl 120 September 120 1985
i
funding from the proceeds be authorited for drug
prevention programs, citizen
crime prevention initiatives and other kinds of
problems that deal with the
root causes of crime and then we ask that all
the programs and activities
funded by this ordinance not be certified as not
having sub=planned existing
budget requirement. In other words, new money for
new programs, That was the
.& those are the elements of what we proposed to
the County. We would feel
real good if you all want to pass a resolution
supporting the concept that
z
they should put that on the ballot. We do feel that the citizens of this
community deserve the opportunity to tax ourselves to pay for additional
protection, They may not choose to do so, but we
would like to give them the
choice.
Mayor Ferre% You better go to WQBA, but go well
protected when you go, would
you please?
g. Mr. Freeman: Well, you know, I'm sticking out here pretty far. This is the
first time I ever asked for anymore taxes in the forty-one years I have lived
here, but I'm telling you this situation is desperate and we have got to go to
desperate measures and I'm willing to mount a campaign and do whatever I can
a and my organization is to achieve a positive vote for this tax. Another thing
it will do in my judgment, it will create a great deal of leverage with the
State and with the federal people. Those drums beat. If we pass that down
here, they are going to have to respond in Tallahassee.
g Mayor Ferre: Drums? I thought that was the Philharmonic. You better watch
it Weaver is going to get up. You are not taking Weaver's money are you?
Mr. Freeman: Well, Mr. Weaver understand clearly that if we don't solve this
' crime problem we can have the finest orchestra in the world, except we are not
going to have any musicians to play in it, because they are not going to move
down here. We must get a hold of this problem and we have got to demonstrate
once and for all to our local citizens, ourselves, our friends, our neighbors
and to the criminals that we mean to solve this problem in this community at
this time.
y
�,. Mr. Carollo: Can I ask a question or two? Sir, have any of the thirty-eight
members of the so-called Non -group where this idea was born...
Mr. Freeman: Not so. Go ahead though.
Mr. Carollo: You mean, the Miami Herald was wrong?
Mr. Freeman: Well, they are wrong occasionally. We all are occasionally.
Mr. Carollo: Yes, well, that's good to know. Anyway I would say that at
K� least from what I have read that you and some other of the members of this
Non -group were some of the main people instrumental in...
Mr. Freeman: That's true. That's true, because all of those people are
involved in Miami Citizens against crime.
Mr. Carollo: ... coming to terms with this new idea.
� Mr. Freeman: Correct.
Mr. Carollo:
Now, the question I have with to begin with is, are any of the
5
thirty-eight
members of this Non -group ever been members of any law
enforcement
body, local police, state, federal?
`
Mr. Freeman:
I don't know. I don't have any idea.
Mr. Carollo:
Do you think that any of them ever have been.
ti
Mr. Freeman:
I can speak for myself. I have not.
Mr. Carollo;
Do you think any of these thirty-eight members ever have been a
police officer
or...
F
Mr. Freeman;
No, no more than the average citizen.
gl 121 September 12, 1985
Mt, Carollo: Ok. Very good. Now, what I would like to suggest is that you
send invitation for any of the Other thirty-seven members and yourself to collie
join the real world and spend three or four days riding with a police officer
through Little Havana, Liberty Cityo Overtown, seeing what's really out there.
Why we are having crime in this community, 'Palk to the police officers see
how they feel. See what kind of ideas they have. Why they feel they way they
do? Why morale is down? And then see what a police officer has to go through
everyday and you are probably going to come to a much different conclusion
than you have now. Frankly# I wouldn't be a police officer in this community
ever again. Not under the systems that we have now. See..
Mr. Freeman: I'm not sure whether... Are you with me or against me? I ain't
sure.
Mr. Carollo: Wells you know, I'm for the police officer. I'm for law
enforcement.
Mr. Freeman: Good.
Mr. Carollo: So, if that's against you, you know,...
Mr. Freeman: Well, I thought that's what I was for.
Mr. Carollo: Well, I hope that's what you all are for, but see the only thing
that I could go for is deeds and actions. See words come very very cheaply.
We fill up, you know, dozens of tapes every meeting with words. That's cheap,
but actions, that's a lot harder to do.
Mr. Freeman: How many people come down here and ask you to increase their
taxes one mill?
Mr. Carollo: Excuse me.
Mr. Freeman: How many people come down here and ask you to get them the
opportunity to increase their taxes one mill?
Mr. Carollo: Well, some of my colleagues try to do that every other meeting
and I think God we never get together all in the same day. That's why they
don't go up anymore, but see the...
Mr. Freeman: I would say that's rather dramatic action Commissioners.
Mr. Carollo: The problem that I have with that is that you say and I knew
this was coming to that and I'm glad, you know, it's out of the bag now, that
we have to...
Mr. Freeman: We never was in any bag.
Mr. Carollo: That we have to raise the millage rate, that ten millions is no
longer acceptable. Well, I'm being to see what going to happen. Pretty soon
the move is going_ to be to try to force the State Legislature to change that
may be to a cap of fifteen mills and the reason that you see a lot of you
native White Miamians that are leaving this community is not because they are
afraid of us Cubans or Blacks, like myself and Miller, it's because they have
had it with the taxes in this community. I moved into Coconut Grove about a
little over a year ago. When I moved there my home was appraised which I
thought was terribly high at a hundred fifty three thousand dollars. In a
years time it's now appraised at over a hundred seventy-nine thousand. Sure,
the millage rate, tax rate is still the same, but so what. The way we are
getting around it is by raising the appraisal on the properties. Now, on this
home which is an average home, the lot is much bigger granted and it's got a
pool granted, but the home is nothing out of this world. I have to pay forty-
five hundred dollars a year in taxes. Three hundred seventy-five dollars a
month and I sure that the price of home didn't go up because other homes in
the area were improved nicely. I'm sure that it's the same across the board.
I mean, if I'm paying that for my home I hate to see Maurice's tax bill on his
or some of my other neighbors tax bill.
Mr. Freeman: 1 wish you would see mine,
gl 122 September 12, 1905
Mr. Carollo! avow, where do we draw the line, but see the problem is sir, that
you gentlemen, the group of thirty-eight, you could afford to pay those high
tax bills.
Mr. Freeman., There were two hundred sixty people at the meeting of Miami
citizens against crime while this proposal was advanced.
Mr. Carollo! Well, the problem that I'm getting to is that we have to look at
the problems of this community as a whole, not look at them three years later
when finally it affects a very small group that wasn't touched before.
Frankly, sir, crime in this community have been going on for quite some
tune...
Mr. Freeman: And we have been down here every year for five years.
Mr. Carollo: quite a few years before you all finally jumped to it.
Mr. Freeman: Five years I have been appearing here and asking you all to do
some about it.
Mr. Carollo: Well, that's great. I know one of your members got held up or
something like that and that's finally...
Mr. Freeman: I have been burglarized three times.
Mr. Carollo: That's finally when some of you reacted, but what I'm getting to
is that know no matter if this Commission today approves to double its police
force from a thousand fifty police officers to two thousand one hundred, you
are not going to see that much of a change in crime in this community. You
know why. Because throughout the years some of the members that you have in
your Non -group, the thirty-eight have been some of the prime promoters
indirectly of crime in this community and let me explain to you what I mean.
When you spend year after year trying to tear down the moral fabrics of law
enforcement like the Miami Herald has been doing. Every time a police officer
does his duty and his job to protect life and property, they go after him.
When a police officer knows that if he has to use his weapon justifiably to
protect his family, your family and my family, he is going to be marched down
to a grand jury and condemned and have to face a court because he did his job.
That police officer is going to say "To hell with it, I'm just going to get a
paycheck and not give a damn about anything else and this is what's happening
in our Police Department. When editorial after editorial in the Miami Herald,
the Miami News, come out condemning our Police Department every time they do
something good, that's taken it's toll throughout the years and finally, it's
gotten to a point that frankly, all the veteran season officers that we have,
have either left or thinking about retiring and seeing when they can leave as
quickly as possible.
Mr. Freeman: Commissioner, you have got a thousand sixty sworn officers out
there and I swear, I believe the large majority of them are fine + g J Y professional,
y loyal, great people in this community and I really think you are intending to
insult their intelligence with this discussion.
Mr. Carollo: No, I'm not intending to insult their intelligence. I'm telling
3
you the truth sir. It take more than putting out hundreds of people out
there. If these people know that they have no backing and then your thirty-
eight are going to be the first ones to try to lynch them when they enforce
the law, what the heck good is it going to do to place another two hundred,
three hundred more officers. They have no backing from you and this is what
I'm talking about it. It's fine to try to put the blame on not enough
w
officers, but the blame lies in individuals that form the nucleus of this
7.
group of your. This secret society. The so-called klan or mafia, that when
the time comes that they have to back these men and women will not do that.
When I see an editorial calling a police officer a murderer because he
<=
enforced the law. He enforced the law to the best of his ability in making a
decision that sometimes he has to make in less than half a second, I cannot
comprehend how then you could come back and question the fact that...
f
Mr. Freeman% I didn't saythatDon' , t give it to me.
Mr, Carollo; No, you didn't say that sir,
gl 123 September 12, 1985
Mr. Freeman: I have nothing to do with the Miami Herald, Nothing oil earth:
Mr. Carollo: Welli sirs you have nothing to do with that.
Mr. Freeman: Absolutely not.
Mr. Carollo: Ok, Then I guess Mr. Chapman whatever he states in your monthly
meetings, that goes in one ear and out the other.
Mr. Freeman: About the same as what these other fellows mean to you when they
talk to you. You know, you don't pay much attention either.
Mr. Carollo: Well, I certainly do. This is why I'm talking the way I am and
this is why when I'm...
Mr. Freeman: Let me put it in a nut shell, you have got your point of view
which is well taken and I respect it. You are saying that we won't support it
and we don't help them and we don't all these policemen and crime ain't that
big a deal. Let's put it to the vote. Let's just put it on the ballot.
That's a good way to settle the argument.
Mr. Carollo: Ok. So, we are going to raise one more mill or two more mills
for two years, then we are going to raise how many more mills for the Rapid
Transit that you guys sold to us too, that's taking Dade County to the verge
of bankruptcy, then how many more mills are we going to raise for operas or
whatever else you come up with. I want this to stop sir. May be you all can
afford it. See, you all are multi -millionaires.
Mr. Freeman: You are paying more tax than I am.
Mr. Carollo: But the average Miamian cannot afford it any longer.
Mr. Freeman: Let me tell you something, your house if I recall the figures,
the one mill is going to cost you around a hundred fifty dollars a year. I
can insure you at the present time, it's costing you more than that in
extraordinary insurance premiums and extraordinary in security just to
overcome the crime problem we are having in this community. You are losing
money on the deal right now.
Mr. Carollo: Sir, let me tell you something. We could save a heck of a lot
of money and not have to go to the additional expenses that we are now if we
would only back our police officers and our law enforcement agencies. Instead
of every time that we have a shot try to castrate these fine officers and
that's the point that I'm trying to get across. I gave you and your members
an invitation to get in a police car to ride for or four days, you know, find
out what the real world is like. Apparently, may be you all are not
interested.
Mr. Freeman: I'm delighted. Set it up and I will go with you any time.
Mr. Carollo: Sir, I have the Police Chief right there. I will be more than
happy to mediate an arrangement for yourself and all the other members.
Mr. Freeman: Thank you. That way would you return my phone call?
Mr. Carollo: Sir.
Mr. Freeman; May that way I can get you to return my phone call.
Mr. Carollo: When did you call me sir?
Mr. Freeman: What else? Are we through?
Mr. Carollo: When did you call me? Excuse me.
Mr. Freeman; Many times over the period of the last couple of years.
Mr. Carollo; Let me say this to you. Every time that your organization has
called me I have returned.,.
SL 124 September 12, 1985
77
Mrs Freeman: I didn't call as an Organization, I am an individual.
Mr. Carolloi I have returned your phone calls as soon as possible and you
know that real well.
Mr. Freeman: Ok. You win.
Mr. Carollot And Admiral, if you recall the last time you came to this
Commission at the last budget hearing, you were the individual that was
assigned to speak to me and I gave you all the time you needed to speak to me.
Mr. Freeman: That's fine.
Mr. Plummer: Lester, let me ask a question about your proposal. I read in
here that there is a formula for what the cities would get back as a
proportionate share of what they were to raise.
Mr. Freeman: And that's negotiable, of course.
Mr. Plummer: Well, of course. Wait a minute, there is a disagreement among
the two proposers here. It's not negotiable?
Mr. Freeman: Yes, of course, we can't write the ordinance. That has to be
written by the County Commission.
Mayor Ferre: County, County. This is all County.
Mr. Plummer: Well, ok.
(BACKGROUND COMMENT INAUDIBLE).
Mr. Plummer: Come to the microphone please.
Mayor Ferre: Admiral, we can't hear you. If you want to say something put it
on the record.
SPEAKER UNKNOWN: I'm sorry. What he said originally is that the money would
return to the municipalities in proportion to their current expenditures on
the criminal justice system.
Mr. Plummer: Oh, not on their population?
Mr. Freeman: No, because there are certain elements of the criminal justice
system ---jails are the best example ---that the County pays for in total.
Mr. Plummer: In other words, Lester, what you are saying is if I understand
correct. The monies would not come back to the City on a based on
population of how they were derived.
Mr. Freeman: No, on a formula... Our proposal is...and here again, there may
be a better idea. Our idea was that you take the total expenditures of all
the municipalities and the County on the criminal justice system and then take
the City of Miami's expenditures as a percentage of that and that's what you
would get back.
Mr. Plummer: Well, I think that's, truthfully, I got to say it's unfair to
the City. Ok.
Mr, Freeman: Well, as I said that's why I said it's negotiable. I don't know
the answer.
Mr. Plummer: Lester, we are used to that. Ok. You know, we raised forty per
cent of the bed tax and we get back very little.
Mr, Freeman: Well, then that's one of the reasona,
Mr, Plummer; Excuse me, let me go to another point. All right, Lester, do I
understand correctly that these funds would be under the direct approval or
disapproval of a committee called the Law Enforcement Oversight Commission?
gl 125 September 12, 1985
Mr. Freeman: The terms we used in there were...
Mr. Plummer: No, it is here sir. Excuse me, are you not asking us for an
action today?
Mayor Ferret On the budget. This a budget hearing. We have a budget
hearing.
Mn Plummer: Then he should have not been heard from the beginning,
Mayor Ferre: Does this impact on this budget. This is not a budget item.
Mr. Freeman: And I am out of order and I am sorry about that, but I was
reacting to your budget proposal for additional public safety which I
appreciate and I wanted to say hurrah, but it's not enough. Therefore, let's
go over the ten mill cap. That's all I'm trying to say so I will withdraw.:.
Mayor Ferre: But see... But Lester, we legally cannot do that. See.
Mr. Freeman: I understand that.
Mayor Ferre: Now, and I understand your position and I think you for it, but
this is a budget hearing.
Mr. Freeman: The County has to place it on the ballot and I wanted to inform
you and ask for your support. Thank you.
Mayor Ferre: All right, the next speaker that we have is...
Mr. Carollo: Excuse me, Chief, before we forget this can you make sure that
you can call Mr. Freeman and set up a time convenient for him so he can ride
for three or four days throughout the neighborhoods of our city with one of
your season police officers that is not going to be afraid to speak his mind
in telling things how they are and at the same time I'm going to give you a
list that appeared in the Miami Herald of thirty-seven other names so that you
could extend an invitation to them upon my request at this Commission meeting
today to do the same.
Chief Dickson: Sure will. I will be glad to.
Mr. Plummer: And for God's sake get them to sign the waiver.
Mayor Ferre: All right, are we ready to move along. We now have Mr. Tom
Spencer, Chairman of the Miami Film Festival. Mr. Spencer is not here. Maria
Cristina Barros, President.
Ms. Maria Cristina Barros: Mr. Spencer is in New York. My name is Maria
Cristina Barros and I am the President of the Film Society of Miami in the
Miami File Festival. We requested a previous personal appearance before and
we did not speak because we realized that the position of the Commission was
and is still today that there is no funding available for activities such as
the one that we proposed to put on again in February of 1986. But I did want
to have the opportunity to address you and remind you that in 1983 Nat Chediak
came before you and he made a strong commitment to bring to you a
internationally known Miami Film Festival in a period of eight months. Nat
met his commitment and we proceeded to go on to the 1985 Miami Film Festival
which was again, covered by the national and international press and which
accomplished not only again, his commitment of bringing to you the best in
film, but also the ability of bring to Miami for a period of ten days
producers, writers and directors who don't produce just one film and bring it
to one city, but produce many more films in future years. As a result we have
accomplished a cultural commitment. We have accomplished a commitment to the
Department of Tourism and also in the area of economic development. For that
reason we are before you again to ask that you consider the funding that we
have requested for the February 1986 Miami Film Festival and I will be happy
to answer any questions that you may have. Thank you.
Mayor Ferret Thank you, very much. The next speaker is Nat Chediak,
g1 126 September 12, 19$5
Mr. Nat Chediakt I can only echo Maria Cristinals comments and ask the City
Commission to please consider a change in their policy, because speaking on
behalf of our organization as I am sure and I;m sure that several others are
in a similar position) I think we have become a significant factor for the
community) not only locally) but as Maria Cristina mentioned) on an
international scale and I think that a policy such as the one that is in
affect right now really jeopardizes the existence of organizations such
asours.
Mayor Verret I agree with that.
Mr. Chediak: Thank you.
Mayor Ferret All right, the next speaker is Mary Hill, Ms, Hill,
Ms, Mary Hill: Good evening. I'm Mary Hill and I wanted to speak behind the
gentleman too, that just spoke before this last gentleman about helping these
people through getting police officers. I know this is not part of the
budget. I speak on behalf of the budget right after this brief comment. Now,
you cannot walk out there or ride out there in these communities and see what
poverty is like. You cannot do it. You got to live it. You got to be able
to look through the cracks of the windows in your house to know what poverty
is and you do not call in the police officers for this, you help them people
according to law. This is why I really got up, to make this comment because
you can ride all you want. These people program is premature because crime is
taken under consideration of EOA Act, but what I'm asking during this budget
hearing is to consider the private sector which is my agency so we can get on
about the business like we have been saying before, work along with the City,
work along with the County and what have you according to law. So, that we
can move on and do things to help these people according to law. And as far
as the work part of the program, I understood to say work, was just put these
people to work. We have had work all our lives. We had media jobs. This is
not what we are supposed to be having at this time only, because the work...
to clarify the work status from the federal level, it means take the people
off the welfare and put them under the right umbrella and give them a chance
to work. This doesn't mean just say work. So, I'm asking Commissioners
during this hearing, please consider the private sector to work so we can get
specific and direct action so that we can bring funds and run these programs
according to law and help the poor regardless to race, creed or color.
Mayor Ferret All right, Ms. Hill, thank you. Are there any other speakers in
this public occasion during this public hearing of the budget. Any others.
Any other public speakers. All right, is there a motion that the public
hearing be closed?
Mr. Dawkins: So move.
Mayor Ferret Is that the legal...
Mr. Plummer: Well, wait a minute. Ma'am, he asked if there is a public
speaker. So, don't say anything when you...
Mayor Ferret Are there any other speakers? This is a public hearing.
Mr. Plummer: Come up to the microphone so we can hear you.
Mayor Ferret Any citizen has the right to speak on this occasion. This is
the budget. We are... anyone that wishes to address this Commission on the
budget is welcome to so. All right, Ms. Armbruster.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD).
Mayor Ferret No, Ma'am. We are not on Item 71. We are on the budget.
Ms. Armbruster: Well, that's what I was referring to.
Mayor Ferret No, we are here on the budget,
the budget. All right, is there a motion?
Does anybody wish to speak on
$i
127
eptember 12, 1985
13
M
Mr, Plummer: I snake a motions Mr. Mayor, at this time that we close the
public hearing on the first public hearing.
Mayor Ferre: l think what it is is to continue the public hearing or is it
closing this first portion? Is that the legal way of doing it?
Mr. Pereira: What's the legal way Lucia?
Me, Dougherty: Closing the public hearing.
Mr. Plummer: I make a motion to close the public hearing.
Mayor Ferre: All right, there is a motion to close, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds, further discussion, call the roll.
THEREUPON THE FOREGOING MOTION to close the public hearing was introduced by
Commissioner Plummer and seconded by Commissioner Dawkins and passed by the
following vote:
AYES: Plummer, Dawkins, Ferre
NOES: None
ABSENT: Carollo, Perez
Mayor Ferre: Now, we are on Item "D" which is amend the tentative budget,
recompute the proposed millage rate, publicly announced the percentage by
which the recomputed proposed millage exceeds the rollback rate, adopt
tentative millage rate and adopt the amended tentative budget.
54• (A) AUTHORIZE & DIRECT CHIEF OF POLICE TO ACQUIRE UP TO 50 ADDITIONAL
PATROL CARS.
(B) AUTHORIZE & DIRECT CHIEF OF POLICE TO HIRE 30 ADDITIONAL P.S.A.'S,
BRINGING TOTAL TO 150.
Mr. Plummer: Mr. Mayor, I would like to make a motion at this time as I did
at the budget hearings which passed by the three there unanimously. Do you
want them individually or combined.
Mayor Ferre: Combined.
Mr. Plummer: Mr. Mayor, my motion would be that we immediately increase the
number of patrol cars up to fifty and I also, Mr. Mayor, include a motion
which would make it up to one hundred fifty public service aides. I move it
once again.
Mayor Ferre: Is there a second?
Mr. Dawkins: I will second it and under discussion Mr. Manager, that those
public service aides be gotten as quickly as possible and that the police
that the Chief is going to free up be placed on duty as quickly as possible
and through the Manager to the Chief. Chief, do we have a hundred twenty-five
applications for public service aides.
Chief Dickson: We have a register, but not that many Commissioner.
Mr. Dawkins: Ok. The only thing I would like to say Chief is when you free
these individuals up I would like to see them put on foot patrol or on scooter
or anyway that you determine, you and your staff, that these men can
effectively attack crime. And the reason I say scooter, if you got a scooter
and a guy snatches a pocket book and he runs up on the sidewalk, the scooter
can follow him and the only way we can stop following him is we run out of
gas. And we will catch him. So, these are the things that I would like for
you to consider when you start to free up the policemen. And I also, Mr.
Mayor and Mr. Plummer, T told the Chief that through Miami -Dade, I would see
that Miami -Dade set up any training that was necessary to train the public
01 128 September 12, 1985
10
service aides that were hired to do the job that they are replacing the police
at to be sure thattii
Chief Dickson: And the civilians.
Mr. Dawkins: Yes, and the civilians.
Mr. Carollo: Mr. Managed Chief, how much will it run to buy fifty additional
cars, police vehicles? Not fully loaded with the computers and all that.
Just you know, standard police equipment.
Mr. Pereira: About a half a million dollars.
Mr. Carollo; A half a million dollars for fifty. Let me tell you what I
would like to do as a pilot project, is acquire fifty vehicles, try to limit
as much as possible the equipment that will be in those vehicles so that the
cost can be brought down to maximum.
Mr. Pereira: Minimum.
Mr, Carollo: Well, maximum out of savings in dollars is what I'm talking
about so I guess if you turn it around the other way it would be minimum.
What I would like to do is for you to find fifty police officers that live in
the City of Miami, hopefully, those fifty will be senior officers and assign
those vehicles to those fifty officers to be able to able to take with them
home when they finish their day and for them to be able to use those vehicles
on their off days. What it will do is give us additional presence in the
streets and that in itself would not only be an additional incentive for the
officers, but will help also curtail crime to a maximum in the neighborhoods
where they live in the areas where they might go out at night, in the day time
in their off days. Can we find four to five hundred thousand dollars Mr.
Manager, some where to establish this pilot program?
Mr. Pereira: We will review the budget and look at it and be prepared to make
a recommendation.
Mr. Carollo: If need be we can take it out of some of the accounts that we
have of confiscated monies or...
Mr. Pereira: Yes, we will look at the availability of funds, because there
is.. I'm sorry.
Mayor Ferre: Are we ready to vote now?
Mr. Plummer: Mr. Mayor, my motion stands.
Mayor Ferre: Ok. Any further discussion on the motion as presented? Call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-924
A MOTION DIRECTING THE CITY MANAGER TO HAVE THE
PROPOSED FY 85-86 POLICE DEPARTMENT BUDGET AMENDED TO
REFLECT AS FOLLOWS:
(a) THE ACQUISITION OF UP TO FIFTY (50) ADDITIONAL
PATROL CARS; FURTHER STIPULATING THE CHIEF OF POLICE
WOULD HAVE ULTIMATE DECISION IN DETERMINING THE EXACT
NUMBER OF CARS TO BE ACQUIRED; AND
(b) THE INCREASE OF THIRTY (30) P.S.A.'s, AT AN
APPROXIMATE COST TO THE CITY OF $750,000, BRINGING THE
TOTAL NUMBER OF P.S.A.'s TO ONE HUNDRED -FIFTY (150).
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
gI 129 September 12, 19135
AYES: Commissioner benietrio berezi it,
Commissioner Miller j► Dawkins
Cbmmissioner j► t► Plutmor, jr.
Vice-Maybr joe Carollo
Mayor Maurice A. F'erre
NOES., None.
ABSENT: none.
Mr. Carollo: One additional statement if I can Mr. Mayor,
Mayor Ferret Go ahead.
Mr. Carollo: Chief, what is the present policy of the Miami Police Department
in as far as on citizens complaints that are lodge against an officer. How
many complaints must an officer have on his record for that officer to be
forced to have counsel from staff members for something to be placed in his
jacket as far as counseling or a reprimand?
Chief Dickson: They get a twelve month period with five complaints.
Mr. Carollo: In what time period?
Chief Dickson: Within twelve months.
Mr. Carollo: Within twelve months. It's five complaints within twelve months
or is it two years Chief?
Chief Dickson: A total of twelve months.
Mr. Carollo: Excuse me. Twelve months.
Chief Dickson: I'm told twelve months, but I do believe it's two years.
Mr. Carollo: Yes, I believe it's two years Chief. Now, frankly, I cannot
imagine any officer not having at least five complaints lodge against him in
this day and age in a two year period. In fact, if there are any officers
that don't have five complaints lodge against them in a two year period, they
are probably not doing their job and hiding some where in the building. The
point that I'm getting to Chief is that as I understand the present policy any
criminal out there that's arrested can lodge a complaint against a police
officer and even though that complaint stays in no manns land, by that I mean,
it's not proven if it's true or not, like many complaints cannot be. It's
their word against the police officers. That still is held against the
officer with those five complaints. Which means that what is done and I have
seen it first hand out in the streets, that many officers are taking the
attitude, heck, you know, why get involved anymore. This why you read in the
paper that somebody has their purse snatched and they go to two of our
officers and they tell them they are busy and they go somewhere else to talk
and what it's doing is it's moralizing even further the Miami Police
Department. Now, I know that all these wonderful ideas came to past when the
Miami Herald and the Non -group was on the war path, you know, trying to hang a
police officer everyday. But what it's done is is crippled even more a police
department that at one time was the best in the Country and can still be
again, the best in the Country. So, what I would like for you to do Chief is
to come with a plan that is reasonable, that is not going to have our police
officers working out in the streets with both hands tied behind their back. I
mean, it's bad enough already how the laws are where any which way you cut it
they are going to have one hand tied. Let's not tie both of them.
Chief Dickson: Thank
that we are working on
one of them and we will
soone
you, Mr. Commissioner. We did inherit some policies
now that we are not in total agreement with and that's
get back with you with the results of our review very
gl
130 September 12, 1985
IN
0
64% Q.&A J&A a ".a " ia AA aa"Aamaaa.AAiYm 34iI6iG—..S.r.&.6.aA.—iL.4.4iitia— Tiaiii.fi.7�.Yifi��ii
55, DIRECT CHIEF OF POLICE TO HIRE 150 CIVILIANS TO FREE UNIFORMED POLICE
OFFICERS PRESENTLY ON DESKS +JOBS TO WORK ON THE STREETS.
Mr. Dawkins: Mr. Mayor, I have a motion.
Mayor Ferret. Go right ahead, sir.
Mr. Dawkins: Mr, Manager, we cannot put a hundred twenty --five police
officers on the street with replacements. So, I make a motion that the
Manager be instructed to find the funds to hire any where from a hundred
twenty to a hundred forty civilians in order to put them into the slots where
we are removing the trained officers to put on the street to fight crime.
Mr. Carollo: I second that motion.
Mr. Plummer: Chief, let me ask you... I think it's a damn good idea, because
I think we can put them on... If we were to go through the normal process it
would probably take two years to do the same. Yes. Up to a hundred fifty
civilian. Chief, if you were to get those hundred fifty civilians to work in
your department, give this Commission an idea of what you feel that you could
do to bring almost...No, I'm not going to say instantly ---as soon as possible.
What would that in your estimation free up to street duty to put it out where
the public...
Chief: We would... what we are looking at, we could free up may be somewhere
between a hundred forty-six to a hundred fifty police officers for the street.
Mr. Plummer: And do you think you can accomplish that in segments of three
months, six months?
Chief Dickson: We would... what we would be looking at Commissioner is a
incremental installation of these people...
Mr. Plummer: Oh, I understand you got to train the civilians. I understand
that.
Chief Dickson: Right. We could bring, let's say thirty-two police officers
on from the first three to six months and additional may be seventy from six
to eight months and from eight to twelve months some sixty more. so, we
could..
Mr. Plummer: What you are saying is that you feel that by the end of the
twelfth month, that you will have at least a hundred fifty more policemen on
the street.
Chief Dickson: With a little cushion.
Mr. Plummer: I'm not going to hold you to...
Chief Dickson: Right, but that...
Mr. Pereira: It's an achievable goal I think.
Mr. Plummer; That achievable goal..
Mr. Pereira: It could be an achievable goal.
Mr. Plummer; That's fine.
Mayor Ferre; Further discussion on the motion?
Mr, Plummer; Is the motion seconded?
Mayor Ferre; Yes, it's been seconded. Call the roll.
$l 131 September 12, 1985
it
The following motion was introduced by Commissioner Dawkins` who moved
its adoption:
MOTION NO► 85-925
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
`.;
FIND THE NECESSARY FUNDS TO EMPLOY ONE HUNDRED=FIFTY
i
(150) CIVILIANS TO REPLACE POLICE OFFICERS PRESENTLY
HOLING DESK JOBS, WHO WILL THEN BE FREED TO WORK ON
i
THE STREETS.
Upon being seconded by Commissioner Carollo, 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.
i
ABSENT: None.
Mr. Plummer: Mr. Mayor, I don't know if it's a property during budget because
it might cost an expenditure, but there is two things that I think that I
i
would like ---one that you brought out and I would like you to expound at this
time and that is during the budget workshops is to instigate a study ---study
cost money--- on known repeat offenders. Mr. Mayor, why don't you... do you
want to expound on that now?
S
I'
Mayor Ferre; Yes, I...
Mr. Plummer: Because it's going to cost money to do a computer study.
Mayor Ferre: What I said is that there are probably three or four thousand
criminals out there in this community, hopefully, less that are known repeat
offenders. That are in the cycle of crime and that without violating
constitutional rights and what have you that society has a right to keep an
eye on what these people are doing and that we identify who they are, where
they live and get a profile on them and get a computer run on them and as they
are active let the police officers be informed as to who they are and where
they live. So, that they can go out and patrol that neighborhood. They are
aware of the criminal element that may be active in that area.
Mr. Plummer: The only reason I asked Mr. Mayor... Mr. Manager, you have
heard the request of the Mayor for the study to be done and I think that it's
way past due. Is that an issue that we have to address at budget to provide
the monies for it or do you feel that you can handle that administratively?
Mr. Pereira: I prefer doing it administratively. I think we can handle it
administratively.
Mr. Plummer: All right. Ok. The only other thing that I will be bringing up
at a later time and I don't think that it involves money at this time is what
I spoke about before and that is a cadre of special duty officers. I think
there is a gold mine, a potential wealth of help there and I want to address
that at a later date.
Mr. Carollo: Of what, J. L.
Mr. Plummer: We spoke at the budget workshops, Joe, about the possible of
hiring back on an hourly basis retired policemen who wanted to come back and
avail themselves of this events such as the Springsteen concert, all of these
different events. Ok. I'm I just saying that there is that possibility that
we could establish such.
Mr. Carollo: Well, you know what I recommend also,..o you get some additional
people that way, but probably not enough. What I would recommend is that we
check with the Criminal Justice Institute and State standards and see if we
gI 132 September 12, 1985
P
can establish some minimal guidelines; may be
we can train a special force for taking
together with sworn police for special event
Chiefs how many weeks do public service aides
r
s
two, three weeks for training so
some additional responsibility
such as theses For instance,
go for in the academy?
Chief Dickson: 'Public service aides? Ten weeks training+
Mr: Carollo: Ten weeks training.
Chief Dickson: Yes, sir.
Mr. Carollo: And they take on a lot more responsibilities on a daily day than
someone would in one of these concerts. So, may be we can work something out
with the State standards at the institute where we could form some kind of
program for three or four weeks may be.
Chief Dickson: I would like very much to try that, because I think that that
would be something that will help us a lot.
Mr. Carollo: And mind you, I'm not talking about security officers. I'm
talking about people working with the Police Department.
56. INSTRUCT ADMINISTRATION TO PLACE ONE MILLION ($1,000,000) DOLLARS IN A
RESERVE FUND IN SUPPORT OF THE °INNOVATIVE PARKS PLAN" DEVISED BY THE
ADMINISTRATION.
------------------------------------------------------------------------------
Mayor Ferre: Are there any other motion at this time? I do have one other
item that I want to bring up Mr. Manager. I understand from the conversations
you had at the workshop which I was not at, but you and I have discussed the
idea that you will be forthcoming within a week or two on parks.
Mr. Pereira: By next Tuesday, Mr. Mayor .
Mayor Ferre: Now, as Miller Dawkins has been saying for a long long time and
before him Theodore Gibson and all of us on this Commission, the park system
in Miami has been because of budgetary constraints under a tremendous amount
of pressure. Now. I read the article in the Herald two weeks ago and Carl
Kern's response which in my opinion was a little be unfortunate, because it
gives a negative, pessimistic view to the problems and I think we need to be a
little bit more up beat than to say we don't have the money. We can't solve
the problem and we don't have the ways of doing this. Well, sometimes when
you don't have the money you just tighten up and get a little tougher and get
on with it. I think you have put a three hundred thousand dollar reserve as I
understand in this budget. I want that plan which I think is a very very
smart and innovative plan and I'm in no way casting any disparaging remarks
towards Carl. I'm sure he had a lot to do with this new plan, but you know,
sometime when you talk out in reports on parks it ended up sounding
pessimistic. I don't want that plan to fail. It's too important and I would
like to take instead of three hundred thousand dollars that you have put in
reserve, I want to double that and go up to six hundred thousand, up to, in
reserve, so that you will have the opportunity should the need arise to have
full support for this very innovative parks plan that you are coming up with
and I so move.
Mr. Plummer; I second the motion.
Mr. Carollo; Mr, Mayor, I'm in favor of that motion, but I really think that
to be realistically in trying to accomplish at least some of the things that
we all want, we really need to go to at least a million dollars.
Mayor Ferre; I will go along with that. I accept that. A million dollars.
Mr. Carollo: I mean, we are so far behind in that area and if we didn't do
something for our young kids to beep busy in decent activities, then these
kids Pretty soon might end up_ in other activities that are the ones that are
going to be much more costly later on.
gl 133 September 12, 1985
P
Mayor Ferre: I think that's reasonable and I accept that,
Mr, Plummer: I will second it, You don't think I'm going to vote "no" on
r that one. You are crazy,No I � not go to the parks,
Mayor Ferre: All right, call the roll,
I
Mr, Carollo: Call the roll.
The following motion was introduced by Commissioner Ferre, who moved its
adoption:
{ MOTION NO. 85-926
A MOTION OF THE CITY COMMISSION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO PLACE ONE MILLION
i DOLLARS 0 ,000,000) IN A RESERVE FUND FOR AN
INNOVATIVE PARKS PLAN BEING PREPARED BY THE
ADMINISTRATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
E
Commissioner Miller J. Dawkins
? Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
' Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
-;�------------------------------- ------ - - - - ---------------- ---------
57. FIRST READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS FOR
CITY OF MIAMI FOR PURPOSES OF TAXATION - FIX MILLAGE.
Mayor Ferre: Mano, what's the next legal series that we got to go through
here to finish up tonight.
Mr. Surana: I guess we have to amend the budget and we are recommending for
the Police Department increase their budget by 2.7 million dollars.
Mr. Pereira: 2.7 million dollars for FY'86 represents those things that the
implementation of the recommendations as proposed by Commissioner Dawkins.
Mr. Plummer: Is there a motion needed?
Mr. Surana: Yes, I need a motion on Item IV.
Mr. Plummer: Well, did you include the increase in the reserve for the parks?
Mr. Surana: Yes.
Mr. Plummer: All right. Now, on the record...
Mr. Surana: That's an S.P.N.I.
Mr, Plummer: Mr. Manager, on the record, this is a change in the budget. It
is not an increase and as such there is no increase in the millage. Is that
correct?
Mr. Pereira: You are correct air.
Mr. Plummer; Mr. Manager, I will make a motion that we accept this budget as
amended. Is there a terminology by law that I have to use?
gI 134 September 12, 1985
C,
U
Mt, Surana: Commissioner Plummero before you adopt the budget we have to
adopt a tentative millage rate which is Item IV,
Mr, Plummer: I move Item IV.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second,
Mayor Ferre: Further discussion; read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1985, AND ENDING SEPTEMBER 30, 1986;
CONTAINING A SEVERABILITY CLAUSE:
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
58. FIRST READING ORDINANCE: MAKE APPROPRIATIONS IN CITY OF MIAMI BUDGET -
FISCAL YEAR 1985-1986.
Mayor Ferre: Now, take up 5. All right.
Mr. Surana: Yes, sir.
Mr. Plummer: Move it.
Mayor Ferre: All right, moved by Plummer, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins, further discussion, read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1986; 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-
gI 135 September 12, 1985
AYES: Commissioner Defetrio Perezo it,
Commissioner Miller J. Dawkins
Commissioner J. t, Plummer, in
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None,
ABSENT: None,
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
�...------------------- ---------- �_ y_.-------- ------
59. FIRST READING ORDINANCE: DEFINE AND DESIGNATE 'TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI - FIX MILLAGE.
------------------------------------------------------------------------------
Mayor Ferre: We are now on VI.
Mr. Plummer: And I moved it.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, read the ordinance. Call the roll.
Mr. Surana: Excuse me, Mayor, before you call the roll I would like to read
Item #II (a) for the record.
Mayor Ferre: You are going to read what?
Mr. Surana: Item #II (a). Which is for DDA.
Mayor Ferre: We are voting on 6, sir. The ordinance that was read was just
6.
Mr. Surana: Yes, that's for DDA millage. Before we can do that just for a
formality I had to read for the record...
Mayor Ferre: Oh, I'm sorry, you are following the law. I'm sorry. Go ahead.
Mr. Surana: Right sir. "Discussion of the proposed millage rate and the
tentative budget for the Downtown Development Authority. (a) Percentage
increase in millage or rollback rate. Response, 2 1/10th per cent. (b)
Specific purpose for which Ad Valorem taxes revenues are being increased.
Response, partial funding for salary and rate increases. Cost, $6,907• (c)
City Commission listen and responds to citizens commitments regarding the
proposed millage increase aad explain the reasons for the increase over the
rollback rate.
Mayor Ferre: Are we ready to vote now legally?
Mr. Surana: If there is no response from citizens, yes.
Mayor Ferre: Ready. Call the roll.
g1
136 September 12, 1985
AN ORDINANCE ENTITLED
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE
CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF
THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION, FIXING
THE; MILLAGE AND LEVYING TAXES IN THE DOWNTOWN
DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1985, AND ENDING SEPTEMBER
30, 1986, FIXING THE MILLAGE AT ONE THOUSAND FOUR
HUNDRED AND TWENTY=NINE TEN THOUSANDTHS (.1429) MILLS
ON THE DOLLAR OF THE NONEXEMPT ASSESSED VALUE OF ALL
REAL AND PERSONAL PROPERTY IN SAID DISTRICT AND
PROVIDING THAT THE SAID MILLAGE AND THE TAXES LEVIED
HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE
MILLAGE AND THE LEVYING OF TAXES WITHIN THE
TERRITORIAL LIMITS OF THE CITY OF MIAMI, WHICH IS
CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR
THE AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 30 OF
THE CITY CHARTER: PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS
PROPOSED BY THE CITY COMMISSION OF THE CITY OF MIAMI
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI;
PROVIDED THAT THIS ORDINANCE SHALL NOT BE DEEMED AS
REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING
MILLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1985 AND ENDING SEPTEMBER 30 1986, BUT
SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION HERETO;
AND PROVIDING THAT IF ANY SECTION, CLAUSE OR
SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT
SHALL NOT AFFECT THE REMAINING PROVISIONS OF THIS
ORDINANCE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
60. FIRST READING ORDINANCE: MAKE APPROPRIATIONS IN DOWNTOWN DEVELOPMENT
AUTHORITY'S BUDGET FOR FY-1985-1986.
Mayor Ferre; 7.
Mr. Plummer: Move it.
Mayor Ferre: Is there a second?
Mr. Dawkins; Second.
Mayor Ferre; Further discussion, read the ordinance. All right, call the
roll.
gl 137 September 12, 1985
6 #.
AN ORDINANCE ENTITLED -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1986; AUTHORIZING THE
DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO
INVITE OR ADVERTISE FOR BIDS FOR THE PURCHASE OF ANY
MATERIAL, EQUIPMENT OR SERVICE EMBRACED IN THE SAID
APPROPRIATIONS FOR WHICH FORMAL BIDDING MAY BE
REQUIRED PROVIDING THAT THIS ORDINANCE SHALL BE
SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING
APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1986 FOR THE OPERATION OF THE CITY OF MIAMI,
FLORIDA: PROVIDING THAT IF ANY SECTION, CLAUSE OR
SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT
SHALL NOT AFFECT THE REMAINING PROVISIONS OF THIS
ORDINANCE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
61. APPROVE PROPOSED USAGE OF FY-1985-1986 FEDERAL REVENUE FUNDS SOCIAL
SERVICE AGENCIES' ALLOCATION.
Mayor Ferre: Take up Item III.
Mr. Plummer: I will move Item III with the proviso that none of the monies
are to be disbursed without Commission approval.
Mayor Ferre: Is there a second with that stipulation?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion? Is this an ordinance?
Mr. Surana: No, this is just a formality required by Federal Government.
Mayor Ferre: So, are we ready to call the roll?
Mr. Surana: I would like to read into the record the allocations.
Mayor Ferre: Read it into the record.
Mr. Surana: "The fiscal year 1986 Federal Revenue Sharing allotment is
estimated to be $8,742,026. This allocation is a $179,064 less than the
allocation of $8,921,090, The total amount of Federal Revenue Sharing funding
for FY'86 is as follows. FY'86 allocations $8,721,026. FY'85 bond balance
$21,000. Total $8,742,426. Proposed allocation of Federal Revenue Sharing.
Police Department T $3,017,649, Fire Department $2,069,036, Solid Waste -
$1,614,386, Recreation and Day Care - $464079. Parks maintenance -
$335,150• Social Services - $1,005038. African Square Park - $191,488,
Handicapped R $45,000. Total r $8,742,026.
gl
138 September 12, 1985
Mayor Perre! Call the moll+
ON ROLL CALL:
Mr, Dawkins: Why is African Square fund out of Federal Revenue Sharing funds?
Mr. Surana: Commissioner Dawkins, this is merely an allocation of dollar
amount. That whole dollar amount goes in the general fund. We are required
by Federal Government to show them some kind of allocations.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-927
A MOTION APPROVING THE ADMINISTRATION'S RECOMMENDATION
FOR FY'85-86 FEDERAL REVENUE SHARING ALLOTMENT;
FURTHER STIPULATING THAT ALLOCATIONS FOR SOCIAL
SERVICES MUST HAVE PRIOR COMMISSION APPROVAL.
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.
AT THIS POINT THE CITY COMMISSION ANNOUNCED THAT THE SECOND PUBLIC
HEARING ON THE BUDGET WOULD BE HELD ON SEPTEMBER 17, 1985, AT 5:05
P.M.
61 139 Oeptember 1�, 1985
62. (CONTINUED DISCUSSION) .. ACLARATORY COMMENTS IN CONNECTION WITH PRIOR
DISCUSSION REGARDING CONTRACTOR PARTICIPATION IN THE BAYSIDE SPECIALTY
CENTER PROJECT,
Mayor Ferre: I think the Latin builders stayed because they wanted a
clarification of a paper that was given to me+ Where is that paper. Lucian I
gave you a piece of paper that had the City of Miami seal and it had.+6 it was
a questionaire put out by the City of Miami. I don't know whether it was
Adrianne MacBeth or Herb Bailey or whoa but the minority contractors opinion
survey. The question has been asked us whether this in a way constitutes
pressure, threat? Is it a violation of the law? Or we implying by this
opinion survey that we want minority contractors to be union sharp or what?
Ms. Dougherty: Let my assistant respond as well as the project director.
Mayor Ferre: Ok. Go ahead.
Mr. Matthew Schwartz: Mayor and member of the Commission, a meeting was held
last...
Mayor Ferre: Name for the record.
Mr. Matthew Schwartz: Matthew Schwartz, Overtown/Park West Office. A meeting
was held last week with the minority contractors in Liberty City concerning
their involvement in the Southeast Overtown Park West Project. The FL CIO has
approached the City and requested that we work with them on possibility
assisting them and becoming working on some of the projects along with the
developers for Phase I development. The reason the meeting was held last week
was to try to determine some of the problems that the minority contractors had
had with the unions. The intent is trying to make the union in a position
that would be more competitive possibly in meeting our minority goals. There
is no intention or requirement that the project be a union job. That was not
in the RFP and it was to assist the minority contractors to see how their
involvement with the union and assist them if it could work out, but we are
also assisting the minority contractors to directly be involved with our
developers in Phase I, because we have extremely high minority goals for
minority participation in this project.
Mayor Ferre: Matthew, I think at best this is kind of a naive questionaire.
I mean, that's the best that could be said about it. To ask somebody, a
minority contractor to put down, you know, what his opinion is of...what's
good about unions and what's bad about unions? Come one. I mean, you know.
Did you get any answers at all?
Mr. Schwartz: We have not collected the responses yet.
Mayor Ferre: Is this illegal in any way by implications?
UNIDENTIFIED SPEAKER: No, Mr. Mayor, I don't think it's illegal in anyway.
It's not illegal in anyway.
Mayor Ferre: It's not illegal. What it is is confusing and it...
UNIDENTIFIED SPEAKER: We just became aware of it when you handed it to us and
we have suggested that it not be collected and that it not be utilized.
Mayor Ferre; Mr. Manager, I would recommend strongly and I'm sorry, Matthew
to... because I think you are a nice guy and all that, but I really think that
when you get into these areas these staff people should really ... We have a Law
Department for a reason and they should check out these things with the Law
Department. I don't think we have violated the law, but I think that the
implications are not really what...
Mr. Pereira: We will discontinue this survey Mr. Mayor.
Mayor Ferre: Yes, sir. All right, does that clarify the situation. Are
there any other questions? Ok.
gi 140 September 12, 1985
tz`
i
x
J6 r"i�+i ii .li iirrGiS ii .i �i ."i i.:L iiyii iG3:ti r��.9iG♦G:.�Y31S ii.�Sii+'ra�il
63, (CONTINUED DISCUSSION): AUTHORIZE EXECUTION OF AGREEMENT WITH NEW WORLD
MARINAS; INC. FOR PURCHASE/TERMINATION RIGHTS IN AND TO THE MIAMARINA
MANAGEMENT AGREEMENT FOR $1,675,000.
�
'
�r:r..irrrrr�.srr,a.:...rirrrr..rt.r..rr..r�r—rr rrrr.:rrr..rrrrrr r�rrrrrrrrrrrrrrF�rrrrrr..r rr:
Mayor Ferret Now, we go back to the fisherman. Are they... Mn Kutun, are we
..
ready to move along now? Where is the representative of the fishing
community?
Mr. Plummer: Is Carlos Garcia here? Who is going to answer the:..
F.'
Mr. Pereira: Randy would do it.
r.
Mayor Ferre: Is Mr. Carlos Garcia here?
Mr. Rosencrantz: Mr. Mayor, the question was raised about the last audit
report for Miamarina. We found a copy of the audit report which came in for
the period ending June 30, 1984 which was done by the internal auditor. In
that particular audit report there were five questions or five notices
contained in that report. None of the questions raised were really of
substantive issues. In a conversation with the internal auditor he has
indicated that all the questions raised by that auditor report have been
satisfactorily resolved.
Mr. Plummer: So, on the record then you are indicating to me that you are
comfortable that this audit that was done by the City is correct.
?'
Mr. Rosencrantz: What we can testify to is that the audit as performed by the
i
City auditor and the questions that he raised in the course of that audit have
been satisfactorily handed. I did not see exactly the detail of his audit,
a
but the questions that he did raise which seem to me to be comprehensive in
nature. Those questions have been answered.
Mr. Plummer: Well, who certified the audit?
Mr. Rosencrantz: This is not a certified audit, because it's done by the
internal auditing staff. The process is Commissioner Plummer, for the
Internal Auditor staff to do these audits for the audits then to be circulated
to all the parties that are concerned with it and to be viewed by the
appropriate member of the administration that has responsibility for that
particular function.
Mr. Plummer: Thank you, sir. I think you answered my question.
Mayor Ferre: All right, Mr. Plummer where are we then on this Item 61? Mr.
Plummer, are your questions answered then on 61?
Mr. Plummer: Mr. Mayor, my question has been answered. Mr. Sorg, did you
hear the answer? The answer was the City is comfortable that the audit which
was performed was satisfactory. So, I just wanted that on the record. All
right, what is the will of this Commission on Item 61.
Mayor Ferre: All right, what is the will of this Commission on Item 61? 61
is the Bayside agreement with the New World Marinas, Inc. for one million six
hundred seventy-five thousand dollars. That's what number sixty-one is. Are
there any further questions from this Commission?
Mr. Carollo: I make a motion for a million and a half.
Mayor Ferre: There is a motion that we approve one million five hundred
thousand, is there a second. Is there a second?
Mr. Plummer; Well, 'for the purposes of discussion I will second it. Now
question. What does that do to the negotiated Mx. Gilchrist? You have heard
Commissioner Carollo's motion. What does that do to the contract that we have
v signed with Rouse and the bidding procedure and the preferred bidding and all
M, of that . That has been negotiated and that is the document that's before us.
$1 141 September 12, 1985
Mr. Gilchrist: Item 62 is that and Item 61 is the and. they are
companion and the Rouse Company agreement advances us one million six hundred
seventy-five thousand dollars.
Mr. }Mummer! Weil, then I guess the next question has to be to Governor Kutun
and that is you are the other half of the agreement. Do you like the sound of
Commissioner Carollo's motion?
Mr. Barry Kutun: Well, basically. .,what's happened in this instance is that
we had negotiated an agreement with Rouse that the City was not a party to,
but in light of the fact that there were a number of issues that have come up,
like the one with the State and you know, with the land situation, the problem
with the fisherman, etc., etc., the City involved itself and said look, we can
expedite this matter and here is how we can expedite it. So, that basically
what has happened is the City has embodied the Rouse negotiated agreement with
New World Marina and Rouse has basically subsidized and a negotiated
arrangement of 1.67756 In other words, what you would be doing Mr. Carollo is
is putting a limitation on an agreement that's been worked out between two
parties, that the City really is not, you know, is not putting the money up.
Mr. Carollo: try question is this, isn't this money that is being advanced to
us though.
Mr. Plummer: Yes, but it's not money out of our pocket. It's money that is
being advanced to us to buy the marinas and in return Rouse will be the
successful bidder for that same amount.
Mr. Carollo: Right, but it's being advanced from revenues that we will
receive from Rouse in the future.
Mr. Plummer: No, no, that's part of the bond issue.
Mr. Kutun: No, it's not from monies...
Mr. Carollo: All right, I withdraw my motion then.
Mr. Plummer: And the seconder withdraws. I will move that we accept Item 61
as presented and negotiate it between the two parties.
Mr. Carollo: I second the motion.
Mayor Ferre: Further discussion, call the roll on 61.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-928
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT OF PURCHASE AND SALE, IN SUBSTANTIALLY
THE FORM ATTACHED, WITH NEW WORLD MARINAS, INC. FOR
THE PURCHASE OF ALL RIGHTS, TITLE AND INTEREST IN AND
TO THE NEW WORLD MARINAS, INC., MIAMARINA AGREEMENT
FOR $1,675,000 FROM MONIES ADVANCED TO THE CITY BY
BAYSIDE CENTER LIMITED PARTNERSHIP UNDER THE TERMS AND
CONDITIONS SET FORTH IN THE MIAMARINA AGREEMENT
BETWEEN THE CITY AND BAYSIDE CENTER LIMITED
PARTNERSHIP.
(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-
g1 14 September 12, 1985
AYES: Cottisdioner Demetrio Perezf Jr.
Commissioner Miller J, Dawkins
Commissioner J. t, Plummer, Jr.
Vice -Mayor ,doe Carollo
Mayor Maurice A. Ferre
NOES: None,
ABSENT: None.
r;r w.rr.rrr—rrr----- ---rr rrrrr+rrrr---------r—rrr-------- --.ter--r-- r--�.i
64. AUTHORIZE EXECUTION OF AGREEMENT WITH BAYSIDE CENTER LIMITED PARTNERSHIP
(FOR MANAGEMENT/OPERATION/MAINTENANCE OF CITY FACILITIES AT MIAMARINA.
(See label No. 63).
Mr. Plummer: And I move the companion which is 62.
Mr. Carollo: Second.
Mayor Ferre: Is there further discussion? Call the roll on 62.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85 -929
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH BAYSIDE CENTER LIMITED PARTNERSHIP,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SETTING
FORTH TERMS AND CONDITIONS FOR THE MANAGEMENT,
OPERATION AND MAINTENANCE OF CITY -OWNED MARINA
FACILITIES AT MIAMARINA UPON THE CITY'S PURCHASE AND
TERMINATION OF ALL RIGHTS, TITLE AND INTEREST IN AND
TO THE EXISTING AGREEMENT HELD BY NEW WORLD MARINAS,
INC.
(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 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: SEE AMENDMENT MADE IN DISCUSSION OF FOLLOWING ITEM.
65. DISCUSSION AND DEFERRAL OF PROPOSED EXECUTION OF AGREEMENT WITH THE PIER
FIVE BOAT MEAN'S ASSOCIATION REGARDING SETTLEMENT OF CERTAIN DOCKAGE
RIGHTS AT MIAMARINA; etc.
Mayor Ferre: Now, that leaves the boatmen.
Mr. Carollo; 63.
E1
143
September 1?, 1985
M
AT THIS POINTiTHIS ITEM IS MOMENTARILY DEFERRED.
Ms. Dougherty: Mr, Mayor, I would like to substitute the resolution approving
62 to say "In a form acceptable to the City Attorney",
Mr. Plummer: Did the Clerk get that amendment?
CONTINUE WITH LABEL 65 DtSCUSSION.
Mr. Carollo: Now, do we have the boat people back?
Mr. Gilchrist: The boat people have requested a meeting... asked me if I
could arrange a meeting between myself, the City Manager, and one of the
Commissioners. And I did ask that question and I think Commissioner Plummer
had offered that he would be willing to meet with them, but we can't do that
on a spur of the moment. That would have to be at a future time.
Mr. Plummer: Joe, they wanted to meet tomorrow and I told them that it was
just no way. I have been out of my office four days with the City. I have
agreed to meet with them on Monday or Tuesday.
Mayor Ferre: We are meeting on the 17th at 5 O'clock anyway.
Mr. Plummer: Fine, Mr. Mayor.
Mr. Carollo: On the 17th.
Mayor Ferre: Yes.
Mr. Carollo: What are we meeting for?
Mr. Plummer: Excuse, me. Joe, if you would prefer to meet with them instead
of me it's fine with me.
Mr. Carollo: No, no. You know, I really don't have the time. My offer is
the same offer that we have here before us based on no lawsuits from anybody,
if they don't want to accept that then, you know, three days they get.
Mr. Plummer: I think I read very well the instructions of this Commission.
So, what are... You are asking that we defer this until the 17th?
Mr. Gilchrist: Yes, sir.
Mr. Plummer: I so move.
Mr. Carollo: That's fine.
Mayor Ferre: All right, there is a motion that this Item be deferred until
the 17th at 5... beyond 5 P.M. Who is the seconder?
Mr. Perez: Second.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-930
A MOTION DEFERRING PROPOSED EXECUTION OF AGREEMENT
WITH PIER FIVE BOATMEN'S ASSOCIATION, INC., FOR
SETTLEMENT OF CERTAIN DOCKAGE RIGHTS AT MIAMARINA, TO
THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR
SEPTEMBER 17, 1985 AFTER 5;00 P.M.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote-
gi
144 September 12, 1955
AYES: Cbmiadionet Detmetrio Peret, Jt,
db=idai6n0 Miller J. Dawkins
�y,�,
Commidsioner J. L. Plummer, Jr•
Vice -Mayor Joe Carollo
E
Mayor Maurice A. Ferre
NOES! None.
ABSENT: None,
y g
k
66. EXECUTE AMENDED LICENSE AGREEMENT WITH MIAMI MOTORSPORTS, INC. - RELOCATE
r
GRAND PRIX RACE CIRCUIT FROM BAYFRONT TO BICENTENNIAL PARK,
t
j�
Mr. Plummer. Mr. Mayor, I move Item 64 relating to the Miami Motor Sports
which is ratifying the action of the Commission at a previous hearing.
Mr. Carollo: Second.
Mayor Ferre: Further discussion on Item 64 as presented? Call the roll on
64•
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-931
sq
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDED AND RESTATED GRAND PRIX AGREEMENT IN
SUBSTANTIALLY THE FORM ATTACHED HERETO BETWEEN THE
a
CITY AND MIAMI MOTORSPORTS, INC., TO PERMIT THE
FOLLOWING: (A) RELOCATION OF THE RACE CIRCUIT FROM
BAYFRONT PARK TO BICENTENNIAL PARK, IN A MANNER
COMPATIBLE WITH AND SUBJECT TO THE RIGHTS OF MIAMI
'.
DADE COMMUNITY COLLEGE, THE FUTURE DEVELOPMENT AND USE
OF THE F.E.C. PROPERTY BY THE CITY AND THE FUTURE
{'
DEVELOPMENT AND USE OF THE F.E.C. PROPERTY BY THE
k'
ADMIRALS OF THE FLEET OF FLORIDA; FURTHER; (B)
is
PROVIDING FOR THE CITY TO ADVANCE FUNDS TO MIAMI
MOTORSPORTS, INC. FOR THE DESIGN AND CONSTRUCTION OF
r�
THE PROPOSED RACE CIRCUIT IN AN AMOUNT NOT TO EXCEED
$600,000, THE CITY TO BE REIMBURSED FOR SUCH EXPENSE
.`
BY MIAMI MOTORSPORTS, INC. AT THE RATE OF TWENTY FIVE
THOUSAND ($25,000) PER YEAR FOR 10 YEARS; (C)
PERMISSION FOR MIAMI MOTORSPORTS, INC. TO USE THE
v'
CORNER RESTAURANT FACILITY LOCATED IN THE SOUTHEAST
;.
CORNER OF BICENTENNIAL PARK DURING THE STAGING OF THE
RACE(S); (D) PROVISION FOR AN ADDITIONAL WEEKEND FOR
L
THE STAGING OF THE GRAND PRIX RACE EVENT; (E)
SUBSTITUTION OF AN EXHIBIT CONTAINING APPROVED
OPERATIONAL EXPENSES; AND, (F) ADJUSTMENT OF SCHEDULE
REQUIREMENTS; AND FURTHER, REQUESTING THAT THE
n a
DEPARTMENT OF OFF STREET PARKING (DOSP) NOT IMPOSE ANY
a•`..
PARKING FEES OR CHARGES IN CONNECTION WITH THE USE OF
MUNICIPAL LOT #24 (INTERIM PARKING LOT ON F.E.C.
PROPERTY) DURING A REASONABLE PERIOD BEFORE, AFTER AND
4"
DURING THE EVENT.
(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-
gl 145 September 12, 1905
AYES,. Commissioner Demetrio Perett Jr.
Commissioner Miller J. DaWkihs
commissioner J. L. Plurher, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Verre
NOES., None,
ABSENT: None.
61. AUTHORIZE USE OF $600t000 (GENERAL OBLIGATION BOND FUND) - FOR DESIGN AND
{
CONSTRUCTION OF THE GRAND PRIX RACE PAVING PROJECT.
a
;a
3-----------3=----
Mayor Ferre: Take up 65.
..I`
Mr. Plummer: I move the companion Item 65 as approved at a previous meeting
Mr. Dawkins: Second,
Mayor Ferre: Is there further discussion on 65? Call the roll.
3
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85 -932
A RESOLUTION AUTHORIZING THE USE OF 1980 HIGHWAY
GENERAL OBLIGATION BOND FUNDS IN AN AMOUNT NOT TO
EXCEED $600,000 FOR THE DESIGN AND CONSTRUCTION OF THE
GRAND PRIX RACE CIRCUIT PAVING PROJECT, TO BE
* s
REIMBURSED TO THE CITY FOR REPAYMENT TO SAID BOND FUND
FROM MIAMI MOTORSPORTS, INC. AT A RATE OF $25,000 PER
YEAR FOR TEN YEARS; FROM BACK PAYMENTS OWED TO THE
CITY BY MIAMI MOTORSPORTS, INC. AT A RATE OF $30,000
`=
PER YEAR FOR FIVE YEARS; FROM A PERCENTAGE OF NET
PROFITS DERIVED FROM THE RACING EVENTS PAID TO THE
CITY ANNUALLY BY MIAMI MOTORSPORTS, INC.; AND FROM A
ONE-TIME PURCHASE OF AN OPTION RIGHT BY ROUSE-MIAMI,
'✓ �'
INC. IN AN AMOUNT OF $100,000; SUBJECT TO THE
b
EXECUTION OF THE GRAND PRIX AGREEMENT, AMENDED AND
RESTATED BETWEEN THE CITY OF MIAMI AND MIAMI
MOTORSPORTS, INC.
�.-
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES:
ABSENT:
81
None.
None.
146 September 12, 1985
ii "i ��l iir Ciiii3Li33 i1iWS i fil i.i �Li�_ Y�3i6i3�33i riir �iY iiii ':Lrr_l•9i .ti +ir33iii iiiii�_%ri'i5 �ii
68. EMERGENCY AMEND ORD, 9939- ESTABLISH "GRAND PRIX RACE CIRCUIT
u
_ORDINANCE:
PAVING PROJECT" = APPROPRIATE $600,000
.:
:j
:ir+r—G.irr`Nw)�rrr=�f.rryirii:Yrr_iyir rrr ,` '..
Mayor Ferre; Take up Ordinance 66. This goes with it.
i
Mr. Plummer- Move it.
Mayor Ferret Is there a second?
Mr. Dawkins% Second.
Mayor Ferrel Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9939,
ADOPTED DECEMBER 20, 1984, THE CAPITAL IMPROVEMENT
f
APPROPRIATIONS ORDINANCE, BY APPROPRIATING AN AMOUNT
OF $60,000 FROM 1980 HIGHWAY GENERAL OBLIGATION BONDS
TO ESTABLISH THE GRAND PRIX RACE CIRCUIT PAVING
PROJECT AS A CAPITAL PROJECT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
#s'
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
4r,
by Commissioner Dawkins, adopted said ordinance by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
rt :4k� o
Commissioner Miller J. Dawkins
k
Commissioner J. L. Plummer, Jr.
•,
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10036.
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.
1 147 September 12, 1985
n
masGys.Y..i!-ai.c .sue.: 6 Z I a "-& I a a —'— — 3��Liii�tr .YC .sc C i5 sc95.'Si dCi
69, AUTHORIZE AMENDMENT TO MINORITY PARTICIPATION AGREEMENT WITH BAYSIDE
SPECIALTY CENTER (clarify certain goals)
Mayor Ferre: Take up 660.
Mr. Plummer: Move it.
Mayor Ferre: Which amends the...
Mr. Gilchrist: Amends it to bring it to parity.
Mayor Ferre: Ok, Moved by Plummer, is there a second? Dawkins seconds.
Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-933
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE MINORITY PARTICIPATION AGREEMENT
BETWEEN THE CITY AND THE BAYSIDE CENTER LIMITED
PARTNERSHIP FOR THE BAYSIDE SPECIALTY CENTER TO
CLARIFY CERTAIN GOALS AS SET FORTH IN THE FIRST
AMENDMENT TO THE AGREEMENT ATTACHED HERETO.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
70. AUTHORIZE AMENDMENT IV TO PROFESSIONAL AND TECHNICAL ASSISTANCE AGREEMENT
WITH FULLER AND SADAO, P.C. (FOR BAYFRONT PARK REDEVELOPMENT PROJECT).
------------------------------------------------------------------------------
Mayor Ferre: Take up 67. It's the UDAG.
Mr. Gilchrist: This is the architectural fees under the UDAG grant.
Mayor Ferre; Is there a motion? Plummer moves, is there a second?
Mr. Dawkins: I will second it for the point of discussion.
Mayor Ferre; Discussion. Go ahead.
Mr. Dawkins; Who are they Mr. Manager?
Mr. Gilchrist; That's Fuller and Sadao. This is the architects for Bayfront
Park,
Mr. Dawkins; Ok. No problem.
Mayor Ferre; Further discussion? Call the roll on 67,
al
148 September 12, 1905
Li
The following resolution was introduced by Commissioner Dawkins; who
moved its adoption:
RESOLUTION No, 85-934
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT IV, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE PROFESSIONAL AND TECHNICAL SERVICES
AGREEMENT DATED JANUARY 19, 1982, AS AMENDED, BETWEEN
THE CITY AND FULLER AND SADAO, P.C., FOR THE BAYFRONT
PARK DEVELOPMENT PROJECT; FURTHER AUTHORIZING THE CITY
MANAGER TO EXPEND A TOTAL AMOUNT NOT TO EXCEED
$375,000 FOR THE COST OF SAID AMENDMENT IV, PROVIDING
FOR $202i006 IN ADDITIONAL FEES FOR FULLER AND SADAO,
P.C. AND ITS DESIGNATED SUBCONSULTANTS; $156,927 IN
ADDITIONAL FEES FOR SPECIAL CONSULTANTS; AND $16,067
AS A CONTINGENCY FUND FOR DESIGN RELATED COSTS; WITH
THE HEREIN AUTHORIZED EXPENDITURES BEING 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
71. AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH LADDER COMPANY NO. 4, LTD.
(FOR PLANNING/DESIGN/CONSTRUCTION/LEASING & MANAGEMENT OF FORMER FIRE
STATION NO. 4.
Mayor Ferre: Take up 68.
Mr. Dawkins: Move it.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
g1 149 September 12, 1985
z
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO, 85,935
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT FOR HISTORIC FIRE STATION NO. 4, IN
THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI
AND LADDER COMPANY N0. 4, LTD, FOR THE PLANNING AND
DESIGN, CONSTRUCTION# LEASING AND MANAGEMENT OF A
HISTORIC BUILDING, FORMER FIRE STATION NO, 4, LOCATED
ON CITY -OWNED LAND AT APPROXIMATELY 1000 SOUTH MIAMI
AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) FOR
RESTAURANT, RETAIL, AND/OR CULTURAL ADAPTIVE REUSE;
SUBJECT TO THE CONDITION THAT THE TERMS OF THE
CONTRACT COMPLY WITH MINORITY PROCUREMENT PROGRAM
ORDINANCE NO. 9775•
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
72. DIRECT CITY CLERK TO READVERTISE FOR ONE VACANCY EXISTING IN THE CITY OF
MIAMI ZONING BOARD.
Mayor Ferre: Commissioner Carollo, do you have your appointment to the Zoning
Board?
Mr. Carollo: Mr. Mayor, I have an appointment, but I don't know if he got his
application in in time or not. If you could show the names that we have.
Mr. Perez-Lugones: Commissioner, we didn't have any new applications. So, it
didn't get in time.
Mayor Ferre: You had no new applications? This is what, the fourth time we
have done this?
Mr. Perez-Lugones: Fourth or fifth.
Mayor Ferre: This is the fourth or the fifth time we have done this. Is that
right?
Mr. Perez-Lugones: Yes, that's right.
Mr, Carollo: Mr. Mayor, the nominee that I wanted to nominate Arsenio Milian,
it's my understanding that he filed but, I don't know if he might have filed
late or if his application got mixed up or what exactly,
Mayor Ferre: Is his name on?
Mr, Carollo: I don't see it there.
Mayor Ferro: So, you want to readvertise?
gl 15o September 12, 1985
Mr. Carollo: Yes Mr. Mayor and all the applications that are there now will
stay.
Mayor Ferre: There is a motion.
Mr. Dawkins Second.
4
Mayor Ferre: Would you please get Mr. Milian and mail him an application and
jj
4
call him up and make sure he mails it in.
Mr, Plummer: Go out to his house and take the information.
`
Mayor Ferret Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 85-936
A MOTION DIRECTING THE CITY CLERK TO READVERTISE FOR
ONE VACANCY WHICH EXISTS IN THE CITY OF MIAMI ZONING
BOARD.
Upon being seconded by Commissioner Dawkins the motion was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT% None.
------------------------------------------------------------------------------
73. APPOINT ONE INDIVIDUAL TO THE CITY OF MIAMI PLANNING ADVISORY BOARD.
(Note: Commissioner Perez appointed Mr. Pablo Gomez).
Mayor Ferre: 70. Mr. Perez, do you have your...
Mr. Perez: Yes. I want to make one appointment Mr. Mayor, Mr. Pablo Gomez.
Mayor Ferre: Mr. Pablo Gomez. Is there a second.
Mr. Plummer: Second.
Mayor Ferre: Further discussion?
Mr. Carollo: You want it for what board?
Mayor Ferre: The Planning Board.
Mr. Carollo: Planning Board. Ok.
Mayor Ferre: Further discussion?
Mr. Perez: Mr. Lugones, we have another vacancy, no?
Mr. Perez-Lugones: You have another vacancy which will be forthcoming on the
16th. That is the effective day that Tomas Diego has resigned effective on
the 16th.
Mr. Plummer: Who's appointment was that?
Mr. Perez-Lugones: Mr, Perez,
gi 151 September 12, 1985
Mri Plummer: Oh, ok,
Mayor Verret All rights but that doesn't cone up today?
Mr, Perez=Lugones: Nol it will be readvertised,i. I mean] we have to go out
and advertise for that positions
Mayor Verret Call the roll,
The following resolution was introduced by Commissioner Perez, who moved
its adoption!
RESOLUTION NO, 85-937
A RESOLUTION APPOINTING ONE INDIVIDUAL AS A MEMBER OF
THE CITY PLANNING ADVISORY BOARD TO SERVE A REGULAR
TERM EXPIRING DECEMBER 31, 1987.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk,)
Upon being seconded by Commissioner Plummer, the resolution was passed
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.
74. CONFIRM ORDERING RESOLUTION: ADVERTISE FOR BIDS FOR CONSTRUCTION OF
COCONUT GROVE HIGHWAY IMPROVEMENT -PHASE I (IN DISTRICT H-4511).
Mayor Ferre: Take up 71.
Mr. Plummer: Mr. Mayor, announce that those are public hearings.
Mayor Ferre: This is a public hearing.
Mr. Plummer: This is Item 71. All members of the public who wish to speak on
this it's the Coconut Grove Highway Improvement Phase I in Coconut Grove
Highway Improvement District Phase I. Otherwise known as H-4511. Is there
anyone wishing to speak on this item? Would you please come forward. This is
Item 71. For the record, Ms. Armbruster, would you identify yourself and your
address please.
Ms. Ester Mae Armbruster: My name is Ester Mae Armbruster, I live 3350
Charles Avenue. I am here tonight to discuss the improvements that you intend
to do in Coconut Grove. At the present, we had a meeting and there were some
people who approved your plans, some whom disagreed. The essence was most of
the people there did not want you to put in planters and sidewalks. The
reason for the planters was because you do not care of the planters, I think
this is the right item.
Mr, Plummer: It's the right item.
Ms. Armbruster: Oh, At the present time you have planters down some of the
inside streets as well as on Grand Avenue and some of them are well kept and
some of them aren't. For the most part they are not kept clean, The flowers
die, The tree dies and people sit and drink, you know, the afternoon and the
81 152 September 12, 1985
morning coffee there and leave the bottles and the cans and the police drive
by, do not stop them from doing their thing So) that is one of the main
reasons why we don't want the planters on the inner streets that you are going
to improve. The next item is... The next thing we don't want the strips of
grass between the sidewalk and the gutter) curb... Is that the curb you are
talking about putting there? Ok. That we donut want. The reason for that is
the City does not take care of it and sometimes the owner of the place do not
care of it. So) it's an eye sore. Another thing they don't want is on
street) off street parking. What happened is at certain times during the
mornings early morning hours and late afternoon when the police do not ride
around and see what's happening. They clean their cars, leave all of that
grease on the sidewalks and just make a mess and an eye sore and people cannot
get in and out of their homes like they want to and if they have guess they
have to find some other place to park because they do not have parking spaces.
Mr. Plummer: Is there something about the plan that you like?
Ms. Armbruster: Sure. I'm going to come to that. Some of them do not want
sidewalks and we need sidewalk. in Coconut Grove in the inner city. Now, let
me explain about that too. There are some houses, if you were to put
sidewalks there it would be about five or six feet from the person's bedroom.
They are too close. So, you have engineers and architects, whatever you have
to do it. So, they will know how to do these little things without, you
know... and still have their privacy, because I imagine it would be terrible
to live by...
Mayor Ferre: Ms. Armbruster, let me tell you we may have engineers and
whatever, but I want to see a whatever figure out a way to put a sidewalk in
such away that it's not five foot away from the bedroom when the bedroom is
five foot away from the sidewalk.
Ms. Armbruster: Some places are too close. Sir, it is to close to put a
sidewalk that close to anybody's bedroom. So, what happened is mistakes were
you were laying out the City, but that is not your fault. It was done before
your time. But I'm just saying...and I have talked about this off-street
parking, the curbs and the sidewalk and reason why we don't want that. So,
that's easily done and it will save you some money at the same time. See, you
won't have to pay for planners, you won't have to pay for the up keep of the
trees and the flowers and there are some places where you want have to pay for
the sidewalk to be put there. I think I have covered just about everything.
Mr.
Plummer: What do you want us to put if you had your way about it between
the
sidewalk and the curb, just leave it dirt?
Ms.
Armbruster: No, I thought you could bring the curb up the... you can't
do
that?
Mr.
Plummer: That's the Swale area that takes care of the drainage.
Mr.
Armbruster: I beg your pardon.
Mr.
Plummer: That's the ewale area for drainage when a rain.
Ms
Armbruster: Ok. I'm talking about the drainage. Ok. Sometime between
the
sidewalk
and the street you leave a patch of grass.
Mr.
Plummer: Yes, that's for drainage helping.
Ms.
Armbruster; No, that isn't that.
Mr.
Cather: Well, what I think she is meaning is she would like to have
the
sidewalk
go right up to the curb so you wouldn't have grass
Ms.
Armbruster: To the curb so you won't have the strip of grass...
to
maintain the grass. Do you follow me now?
Mr.
Plummer: Welcome to a puddle in your front yard.
Me.
Armbruster; I wish I could explain this better than I'm doing, but..,
gl 153 September 120 1985
Mr. Plummer! No; I understand what you acre saying, but that area does absorb
water. That's the swale area•
Ms. Armbrustert The green area between the sidewalk and then .
Mr► Dawkins! Are you for it or against it?
Ms. Mary Alice Clank: I am against it, sir. Are you through Ms. Armbruster?
Mr. Dawkins: Are you finished Ms. Armbruster?
Ms. Mary Alice Clark: Mary Alice Clarke 3340 Percival Avenue, Coconut Grove.
mr. Mayor, and Commissioners, Coconut Grove doesn't need it. Our area is no
different from the White part of Coconut Grove. The reason for this, all this
going in and out and putting the sidewalk here and coming in there. It can't
be done. Some of the houses that stand have been there for so many years.
Some may be four feet from the road. Some would be five, six feet from the
road way. I understand that the sidewalk would come inside of the light pole,
with some of those homes that have what Ms. Armbruster already have on Charles
Avenue which is a disgrace to our area, there is part of that street in there
that when you get there if a car is coming and one is going and you got to
stop like a person set aside for somebody else to pass. This is bad. The one
thing that we need in Coconut Grove is to have our people care for their
property. Now, when I tried to get my place fixed up and the grass going, I
asked from the Planning Board here could I come out to the road with that
grass. That was to eliminate any dirt on the side. So, that grass is out to
our road which keeps... it's giving me more privacy from cars. If we had
curbs and sidewalks that would come in and come too close to the house for any
privacy and I don't see anything wrong with Main Highway, the moorings or the
other areas down there that would be different from what we have to have.
There is no difference. The only thing we need to do our colored area is have
a little love for it. Right now my yard doesn't look like I want it to look,
because it's time to renew insurance and I must have better coverage. I'm
poor, but I want it all to look good. I want to be sure that I'm protected
and the next thing is to think about your taxes and what it's going to be and
after that I will go back to doing my yard pretty like I want it to be done.
I don't even have rubbish for the trash man and I pay eighty dollars every six
months for it, but when I have the man to do my yard I have him move it,
because I hate all that trash and garbage piled up and I asked in the meeting
before, because there is a law here that I'm sure of that says they must not
pile up that stuff from one, two weeks to the other, but nobody obeys it. I
would like to see somebody out there and when you put a few laws down and
charge them or fine them for doing this. Stop it and clean our area up.
Those boxes are no good any where. Even our little Coconut Grove area used to
be a beautiful spot, but now when you walk through the area, even in the
Downtown part of the village with the exception of McFarlane,... not
McFarlane. What's up there by the post office. What's that street.
Commodore Plaza. Those people that have their stores there, they have
somebody cleaning up every morning. It's disgraceful. All the garbage and
rubbish and bottles in them. Don't have them. You don't need any.
Mayor Ferre: All right, thank you very much.
Ms. Armbruster: I would just like to add one other thing. Is that Mr. Slader
from the Sanitation Department and it's called in quite often and Mr. Slader
and Mr. Cristi who works for the Sanitation come down there. We have meetings
with the Police Department and the Sanitation Department. We have meeting
every five or six weeks with these people that represent the City government.
We have those people down there to come and talk. Now, we know the days to
put out the garbage and the rubbish and to put in bags and put out there.
Now, Coconut Grove I refuse to let anybody... I don't give a doggone if they
were born there and how long they have been living there. Coconut Grove does
not look that bad and I know doggone well it doesn't look that bad. I know
that, but what we need. We need sidewalks to walk on instead of walking in
the street because you do not have the policemen to sit and watch people drive
all the time and stop that speeding. We need some sidewalks to walk on. Now,
this business we got to walk in the middle of the street or on the edge and
they come by zooming by like that, you don't know whether they are going to
hit you or what to do. I don't... We got sidewalks on Charles Avenue. My
house is a sidewalk and then the curb. There is no grass in between because
gl 154 September 12, 1985
we are right up there. But we do need sidewalks in Coconut Grove. I don't
give a doggone about the beauty and everything else& We need protection+ Pot
the time being t'm through, For the time being,
�a
Mayor Perre! Yes# Ma'am. Go right ahead,
Ms. Cora Smith: My name is Cora Smith, My address is 3301 Percival Avenue
and I'm concerned about it because they are talking about running a street and
..`.
putting sidewalks between Day and I think it goes over to the street on the
other side of me which means if they put street through there and put
�!
sidewalks and planters and all that, they will be sitting right in my bedroom.
When 1 asked fora permit to have m house renovated I of the p y , g permission and
I was allowed to go out, but if you come with the street now, you are going to
y'
run directly into my bedroom and it's a matter of dollars and cents too. If
you were doing for the whole Grove I could see it. The area that you are
designing and you are talking about is predominantly negroes. Why tax poor
q
people when we are taxed enough already. And I'm against all of it. We don't
need it. We are doing well without the sidewalks and everything else and I'm
against it.
Mr. Dawkins: Can I hear from the administration and let them tell me what
streets we are talking about?
(
Mayor Ferre: Don, what you are dealing with are basically substandard size
lots.
Mr. Dawkins: No, just read them off.
Mayor Ferre: Or houses and you know,... and what you are doing is you are
superimposing on a community that doesn't want these sidewalks, sidewalks that
t
are in effect, instead of improving the neighborhood as it normally would
happen it's going to be a burden on the, because you are putting sidewalks
five feet away from a window. Now, you know, you wouldn't do that in White
Grove would you?
z
Mr. Dawkins: We are not going to do it out here.
Mayor Ferre: So, why are you going to do it in Black Grove? You wouldn't put
sidewalks five feet away from Plummer's window or five foot off of my window
in Espanola.
4
Mr. Dawkins: You know, what streets are we talking about please?
S
Mr. Don Cather: we are talking about Percival Avenue, Oak Avenue, Frow Avenue
`
and Florida Avenue between McDonald Street and Plaza Street.
Mr. Dawkins: Ok. All right, the average house as the Mayor said is from...
the average house to the middle of the road is approximately how many feet?
Mr. Cather: Well, this is a standard fifty foot right of way. So, the
average house would be twenty... the property line would be twenty-five feet
back from the center line of the street.
Mr. Dawkins: No, no, hold it now. I want to know the house. You see, this
is what makes me angry. When ask things of the damn administration instead of
giving me answers you people try to take me up and down the damn streets. Now
you know what I mean.
Mr. Cather: No, sir. I don't.
Mr. Dawkins: All right, from where the house starts to the middle of the
crown of the road what's the approximate measurement?
Mr. Cather: Forty-five feet.
Mr. Dawkins; All right. Ok. Now,...
(BACKGROUND COKKENT OFF THE PUBLIC RECORD)
Bl 155 September 12, 1955
i
Mr. Dawkins:
OK. All might• That's ok. All tight, forty-five feet. Noww
horn many feet do we have to come from the house for the sidewalk?
Mr. Cather:
We would come twenty-five feet from the center line hack of
sidewalk.
Mr. Dawkins:
Ok. Soy to take twenty-five from forty-five we got twenty=
five...
Mr. Cather:
Twenty feet.
7-1
Mr. Dawkins:
So, now we got twenty feet. Now, how wide is the sidewalk?
{
1
Mr. Cather:
Five feet.
Mr. Dawkins:
So, now that's fifteen feet.
Mr. Cather:
No, that's included.
Mr. Dawkins:
I beg your pardon.
`
Mr. Cather:
So, if the house is...
Mr. Dawkins:
Ok. Mr. Mayor, I agree with these individuals and I think
that...
Mr. Cather:
Sir.
j;
Mr. Dawkins:
No, you can't... you know, I have been through this, see. And
when White people come down here and don't want these roads you all don't
bother with
them. Ok. Now, I'm not going to go through this now. I'm going
to make a motion Mr. Mayor, that these people do not want their streets
improved and
until they do, then we don't touch them.
:.
Ms. Clark:
I would ruin the area, because the houses aren't built where...
Mayor Ferre: Ma'am we have a motion on the floor. You are getting your way,
you are going to lose in a moment. Now, just hold on. There is a motion on
the floor.
Mr. Plummer: And there is a second.
Mayor Ferre: There is a second.
Mr. Cather: May I make one comment?
Mayor Ferre: Sure, Don, go right ahead.
Mr. Cather: There were two hundred twenty-three property owners notified of
this improvement. They were all advised exactly what it was. We held an
audio video presentation in the area, a question and answer period followed.
A few of the property owners were still opposed to the highway improvement.
There were thirteen people attended that public hearing. Several property
owners wanted paved on street parking in front of their properties. Some want
Margaret Street rebuilt, but not on the avenue. This woman before said she
wanted sidewalks.
Ms. Clark: She don't even live in the area we are talking about.
Mr. Dawkins: All right, ok. I have made the motion. I call the question.
Mr. Cather; I can rebuild the street with or without sidewalks. So long as I
get a will of the community.
Mr. Dawkins: I call the question.
Mayor Ferre; It's the Commission that you are getting the will from Don.
See, look and this is not criticism to anybody it's just facts. You know,
when the people that laid out Coconut Grove, laid it out they laid it out one
way for White Grove and they -and you know that ---and they laid it out
gl 156 Septeml)er 12, 1985
1
1
differently for Black Grove# because Black clove Were the Bahamian workers
'
that were here to build Miami and ad a consequence those lots for the most
Y^ Y
part are small lots and sometimes houses are night next to the street or
closer to the street,, Those are houses that have been there for seventy
eighty years) ninety years some of them and the problem is that it's very
difficult to deal with that issue-y-I think it's difficult= --because in effect
what you are doing is building sidewalks that are very close to people's
�,.
bedrooms. So, it's... Look, you are doing the right thing and 1 understand
aE l
and I commend you for it, but I think to me these people that represent the
;
community here are complaining about it and I think I understand what they are
s
saying.
1
Mr. Carollo: Excuse me. Ma'am, can I ask you a quick question?
Ms. Armbruster: Yes.
Mr. Carollo: Approximately how many years have you lived in Miami? A long
time haven't you?
Ms. Armbruster: I haven't lived here but forty-nine years.
��
Mr. Carollo: Forty-nine years. Ok.
4
{
Ms. Armbruster: That's all. And I have lived in the same place for thirty
eight years.
Mr. Carollo: Now, compared to what your taxes where let's say five years ago,
what are they now. Are they double, triple?
Ms. Armbruster: My taxes have been... I think they have doubled. But in the
meantime... it's all right... Listen, you, and when I say you, the City of
Miami put sidewalks on Charles Avenue, Thomas Avenue, Williams and then you
went back and you dropped off and you started again from Douglas Road back to
fi
Plaza, you did not ask anybody. There were a few people who were trying to do
something for Coconut Grove while the rest of them sat on their stool and do
t
nothing and complain all the time to us who were trying to do something.
1
Mr. Carollo: Well, but the point that I'm...
_
Ms. Armbruster: Wait a minute, now suddenly, the first thing they say is
their taxes. Well, where in the devil... where are they when we were out
there sitting up all night long in the rain and the cold trying to get a
Y'
better Coconut Grove for them to keep you from destroying the houses in which
they are now living. Now, this business because somebody was born in a place,
it doesn't make a doggone bit of difference to me if you haven't contributed
something. So, as far as I am concerned, you are nothing but nothing. Now,
wait a minute. In the meantime...
Mr. Carollo: Well, I'm in agreement with you.
S'
Ms. Armbruster: I beg your pardon.
Mr. Carollo: That's just the point that I'm trying to make. You are making
the point for me. Go ahead, Ma'am.
Ms. Armbruster: Well, now one other point. One other point I would like to
make to you, in 1924 or 1925 if any of you who are sitting here will take the
time go Downtown to the public library, go to the florida room and you will
see that there were beautiful plans laid out for colored Coconut Grove and the
lots were larger than what they are now. If you would take the time, but
don't tell me about the Bahamians came here first on that sort of stuff,
because there were other Americans here also besides Bahamians. I'm married
to one... I was married to one, but he is dead, but I want you to know that
there were other people here besides Bahamians who laid out the streets.
Mr. Carollo: I frankly, Ma'am, all due respect. I don't care what Country
x you all came from or anybody else. The point that I'm trying to make is---
r
which you were making them for me" --the time that you spent here and the fact
of just how much you taxes have gone up being hit from all over and now with
8I 157 September 12, 1985
.'.
the limited incomes that you neighborhood has you are going to have to pay for
those sidewalks on top of what you are paying in taxes and I can understand
r1
that if you had home without sidewalks for all these years and you have gotten
along fine without it, how you will object to having to pay extra money for
sidewalks now. l'ta in agreement with you.
'
Ms. Armbrustert Look# I live on limited income social security and some of
y,
them are still working, So
g , if you are going to live right, live right. Know
--`
what I mean?
j
}
Mr. Carollot See, right now..,
Ms. Armbruster: Right now I'm walking in the middle of the street dodging
z-
cars come zooming up and down the street to and from and you are not there to
protect me from walking.
Mayor Ferret We have a motion and a second on the floor.
Mr. Carollo: See, I don't have sidewalks in the street where I live and I
tell you if they were going to put them in that street I would be here with
you screaming as loud as I could.
Ms. Armbruster: And you do not walk that much either. You ride.
Mr. Carollo: No, Ma'am.
Mayor Ferret There is a motion and a second. Is there further discussion?
Call the roll please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-938
A MOTION DENYING PROPOSED CONFIRMING ORDERING
RESOLUTION NO. 85-770 FOR CONSTRUCTION OF COCONUT
GROVE HIGHWAY IMPROVEMENT -PHASE I IN COCONUT GROVE
HIGHWAY IMPROVEMENT DISTRICT -PHASE I H-4511; FURTHER
STIPULATING THAT AFFECTED NEIGHBORS EXPRESSED TO THE
CITY COMMISSION THEIR DESIRE NOT TO HAVE THEIR STREETS
IMPROVED AND THAT UNTIL THEY DO, SAID PROJECT SHOULD
NOT BE IMPLEMENTED.
<'
Upon being seconded by Commissioner Plummer, the motion was passed and
`
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
.
Commissioner Miller J. Dawkins
f
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
w,•s
k t.IY.
Mayor Maurice A. Ferre
L .
t
NOES: None.
Y �Y
ABSENT: None.
1 �58 Se�tembeF 12, 1955
�. :.s��.ass;a.tz�sraamc+-a:sy::r. X_ . _-L- . i-t-il zat.���ds
75+ CONFIRMING ORDERING RESOLUTION! ADVERTISE FOR SEALED BIDS FOR
CONSTRUCTION OF DESIGN PLAZA HIGHWAY IMPROVEMENT H-4509 (IN DISTRICT Ha
4509)
Mayor Ferre: We are now on Item 72 which is the construction of Design Plaza
Highway Improvement H-4509• All right, does anybody want to speak at this
public hearing on that item? One more time. Does anybody wish to speak on
the Design Plaza Highway Improvement H-4509 in the Design Plaza Highway
Improvement District? If not is there a motion:
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins, is there a second? Seconded by Perez, further
discussion? Call the roll on 72.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-939
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 85-771
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF DESIGN PLAZA HIGHWAY
IMPROVEMENT H-4509 IN DESIGN PLAZA HIGHWAY IMPROVEMENT
DISTRICT H-4509-
(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.
76. CONFIRM ASSESSMENT ROLL: FOR CONSTRUCTION OF CITYWIDE/1981 - SANITARY
SEWER EXTENSION IMPROVEMENT IN CITYWIDE/1981 DISTRICT SR-5476.
Mayor Ferre: Take up 73. Does anybody wish to speak at this public hearing
on 73. This is the 1981 Sanitary Sewer Extension Improvement Citywide 1981
Sanitary Sewer Extension Improvement District SR-5476. See none, is there a
motion on 73? Moved by Plummer, seconded by Perez, further discussion? Call
the roll.
8 159 September 12, 1955
-'
The following resolution was introduced by Commissioner Plummer,
who
moved its adoption:
�v ifi 3
ESOLUTION NO. 85"940
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF CITYWIDE 1981 SANITARY SEWER
..
EXTENSION IMPROVEMENT IN CITYWIDE = 1981 - SANITARY
SEWER EXTENSIONS IMPROVEMENT DISTRICT SR=5476 AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT
HEREBY CERTIFIED.
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.
i.
ABSENT: None.
------------------------------------------------------------------------------
77. AUTHORIZE INCREASE IN CONTRACT WITH TARGET CONSTRUCTION COMPANY, INC.
FOR
THE CONSTRUCTION OF "CITY HALL- CONFERENCE ROOM" ($50,000).
�a
------------------------------------------------------------------------------
Mayor Ferre: Take up 74• Miami Florida Target Construction Company,
Inc.
dated May...
Mr. Carollo: Conference room. Don't we have the one over here?
Mr. Dawkins: Is that the one where the roof fell in?
Mr. Carollo: No. What conference is that. We are expanding the COW
room
or...
�
Mr. Plummer: I move it.
Mayor Ferre: Move and seconded, further discussion?
Mr. Carollo: Well, wait a minute. This is an additional fifty thousand? Why
is it costing that much more? Mr. City Manager, why is it costing that much
more? Can anybody answer?
Mr. Cather: We have had to add additional air conditioning and furnishings
for the new work and we have had to add...
Mr. Carollo: Air conditioning and furnishing.
Mr. Cather: Air conditioning and furnishings.
Mr. Carollo: And the furnishing that is going to be used there together with
the air conditioning comes to fifty thousand dollars.
Mr. Cather; Additional fifty thousand dollars.
Mr, Carollo; An additional, meaning that it cost you more,
Mr, Cather; That's what our contractors informed us of our budget. We have
exceeded our cash allowance and we are asking for another fifty thousand to
complete this worm,
$1 160 September 12, 1985
Mayor Terre: Further discussion?
Mr. Carollo: What kind of furnishing have we got in there for fifty thousand
dollars.
Mr. Cather: I told him air conditioning, Additional air conditioning and
furnishings, I haven't got a detail breakdown on every item here. I can get
it for you.
Mr, Plummer: We are waiting for the answer.
Mr, Cather: 1 have furnished you with all the information I have available to
me,
Mr. Plummer: Well, you only came up to about five thousand dollars:
Mr. Carollo: Well, you said that the extra fifty thousand dollars is going
for air conditioning and furnishing. Now, what I'm asking is what kind of
furniture are we ordering for there?
Mr. Cather I am sorry Commissioner, I do not have a detail in my breakdown
Of ...
Mr. Pereira: If I may Vice -Mayor Carollo. You are an engineer right? I'm
not an engineer.
Mr. Plummer: But you are a good liar.
Mr. Pereira: No, I'm not a good liar either. The.. -This is serious.
Mr. Carollo: Well, what are you good at Mr. Manager?
Mr. Pereira: No, no, in constructing the conference room up stairs there were
some difficulties that were encountered and some additional partitioning that
had to be done and redesigned and that is why the contractor, you know, had...
that's why we have assumed an additional increase of fifty thousand dollars in
order that we can accommodate that conference room.
Mr. Carollo: Well, didn't we have a contract with him from the beginning that
it was going to be so much?
Mr. Pereira: There was a contract, but once they started breaking the walls
and now you understand that this building is an older building, there was
somethings that they had not provided for when they were doing the design and
that consequently they had to work around it and they had to make some special
considerations...
Mr. Carollo: Was that our fault or theirs? If they bid on something and gave
us a contract for a price and they find out that it's their mistake, should we
have to pay for it?
Mr. Cather: We issued change orders to the contractor to do additional work
and...
Mr. Carollo: Well, that's a different story then.
Mr. Cather: ...modify the original plans and specifications which were not
part of his original contract. So, this is a legitimate extra for him.
Mayor Ferre: Further questions?
Mr. Carollo: What's the total amount on the conference room?
Mr. Cather: The original contract was for a hundred forty thousand and this
will bring it up to hundred ninety thousand dollars maximum.
Mr. Carollo; Ok. That will last for a while won't it?
Mr. Cather; Yea, air.
gl 161 September U, 1955
Mr. Carol163 Ok. No further questions►
Mayor Ferre: Now, is there any further discussion on this item? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO, 85=941
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $50*000 IN THE CONTRACT BETWEEN THE CITY OF
MIAMI, FLORIDA AND TARGET CONSTRUCTION COMPANY, INC.'
DATED MAY 3, 1985 FOR THE CONSTRUCTION OF CITY HALL -
CONFERENCE ROOM, SAID FUNDS TO BE PROVIDED FROM
"SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENCY FUND",,
FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING
THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY
CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF FOURTH -FIFTHS
OF THE MEMBERS OF THE CITY COMMISSION, AND ADOPTING
THE FINDINGS AND CONCLUSIONS SET FORTK IN THE PREAMBLE
OF THIS RESOLUTION.
(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.
78. WAIVER REQUIREMENTS/PROHIBITION IN CODE SEC. 2-302 - PERMIT ESTEBAN
ABRAHAM (AN EMPLOYEE IN THE BUILDING & VEHICLE MAINTENANCE DEPARTMENT)TO
PARTICIPATE IN THE HOME RENOVATION AND REHABILITATION PROGRAM.
Mayor Ferre: Take up Item 75.
Mr. Plummer: I move it.
Mayor Ferre: Moved by Plummer.
Mr. Perez: Second.
Mayor Ferre; Seconded by Perez, furthers discussion? Call the roll.
g? 162 September 12, 1985
1
The following resolution was introduced by Commissioner Plummer, who
4;
moved its adoption;
a
u.`
RESOLUTION N0. 85-942
A RESOLUTION WAIVING THE REQUIREMENTS AND PROHIBITION
aY.
CONTAINED IN CITY CODE SECTION 2-302; BY FINDING,
AFTER A DULY ADVERTISED PUBLIC HEARING, THAT IT IS IN
x•
i
THE BEST INTEREST OF THE CITY TO PERMIT ESTEBAN
ABRAHAM, AN EMPLOYEE OF THE BUILDING AND VEHICLE
MAINTENANCE DEPARTMENT, TO PARTICIPATE IN THE HOME
A'
RENOVATION AND REHABILITATION PROGRAM ADMINISTERED BY
THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S HOUSING
DIVISION THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM OF THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
(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
i
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.
------------------..------------------------------------------------------ -
79. AUTHORIZE COUNTY COMMISSION TO AUTHORIZE TO INCREASE THE LEVY OF A
SPECIAL ASSESSMENT TAX FOR ESTABLISHMENT OF SPECIAL ASSESSMENT DISTRICT
("MIAMI DESIGN PLAZA DISTRICT").
j
-------------------------------------- ----------------------------------------
,;i
3 Mayor Ferre: Take up 76. Go ahead Jean.
Ms. Jean Whipple: My name is Jean Whipple. My address is 520 Brickell Key
Drive, Miami.
Mr. Carollo: You finally moved huh, Jean.
Ms. Whipple: I moved today.
Mr. Carollo: Well, congratulations. I lost a good neighbor.
Ms. Whipple: Thank you. I'm happy to announce that the Design Plaza
merchants would like to raise their own taxes in the special tax district
which you voted for for twenty-five cents. We would like to increase it to
fifty cent after reviewing the plans and the things that were needed.
Mr. Plummer: You are asking to tax yourself?
Ms. Whipple: Yes, we are asking to tax ourselves.
Mr. Plummer: I will be glad to move it.
Mayor Ferre: Now, is there a second? Is there a second?
Mr. Carollo; Ok. Now, the question that I have is this. Are all the
merchants and property owners in agreement with this?
Me. Whipple; Yes. The majority. I mean, they will have to...
gl. 163 September 120 1985
rI
i
s Mrs Carollo: MAjorityy but seer Iia not trying to question your judgment
Jean, What I have to be sure is that we have a vast majority of the people in
agreemeht with that and.ss
Mayor F'erre: This increase is the expenditure from three to six hundred
i
thousand dollars from twenty-five to fifty square for guard houses; private
security...
j
Mr. Carollo; What would be the appropriate way of going about talking to all
4.f
the merchants in the area to make sure that we have the vast majority of the
people in favor of this?
Ms. Whipple: Commissioner Carollo, the merchants in the area received a
newsletter that was sent out just to theta explaining this and many other
things and we have..:
Mr. Carollo: Now, actually...
Mr. Pereira: Vice -Mayor. If I may interject Ma'am and I will ask the City
Attorney to correct me if I'm wrong. The request in front of us is just to
allow the group to go to the County and ask the County to go ahead and
i
implement the special taxing district at that time and it's my understanding
i
that there will be a special election, you know, called in that district where
everybody then will have an opportunity, you know, to vote as to whether they
want the additional assessment or not.
Mr. Carollo: Ok. That's the point I'm getting to. There will be a special
election for the people in the district?
Mr. Pereira: Yes, sir.
Mr. Carollo: Now, this special election will allow property owners to vote or
property owners and anybody else that works there or has a business?
Ms. Whipple: Property owners.
�3.
#
Mr. Pereira: Property owners.
t
Mr. Carollo: Just property owners. But would only be raised if the majority
of the property owners vote in favor of it. Is that correct for the record?
'.
Mr. Pereira: That's correct.
Mr. Carollo: Ok. That's fine.
rA
Mayor Ferre: That's like Rolling Hill, right?
Ms. Whipple: Well, that's true, but they...
Mr. Carollo: I have no problems with that.
Mayor Ferre: Are ready to vote on Item 76 as defined in the memorandum and
our agenda? Is there a motion?
Mr. Plummer: I made it.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion, call the roll on 76.
164 September 12, 1985
I
The following resolution was introduced by Commissioner PluiAmet, who
moved its adoption:
RESOLUTION No, 85-943
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMIo AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS
OF DADE COUNTY TO INCREASE THE LEVY OF A SPECIAL
ASSESSMENT TAX FOR THE ESTABLISHMENT OF A SPECIAL
ASSESSMENT DISTRICT, AS APPROVED AT THE DECEMBER 13,
1984 CITY COMMISSION MEETING THROUGH RESOLUTION NO,
84-1444i FOR THE PURPOSE OF PROVIDING MARKETING AND
PROMOTION, SECURITY, MAINTENANCE AND MANAGEMENT
SERVICES FROM THE MIAMI DESIGN PLAZA MERCHANTS
ASSOCIATION (MDPMA) FOR THE MIAMI DESIGN PLAZA
DISTRICT WITHIN THE SAID BOUNDARIES AS HEREINAFTER
DESCRIBED; SAID INCREASE WILL BE AN ADDITIONAL $.25
PER SQUARE FOOT FOR A TOTAL AMOUNT OF $.50 PER SQUARE
FOOT IN SAID DISTRICT OF THE CITY OF MIAMI FOR A FIVE
YEAR PERIOD BEGINNING OCTOBER 1985 TO COVER THE
INCREASE COSTS OF LANDSCAPING AND SECURITY.
(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.
80 (A) REQUEST ADMINISTRATION TO RECOMMEND ON PROPOSED PLAN TO RETAIN
OUTSIDE MANAGEMENT FIRM TO HELP EXPEDITE MODIFICATIONS PLAN FOR "MIAMI
DESIGN DISTRICT DEVELOPMENT PLAN".
Mayor Ferre: Jean, would you take the microphone for a moment. I noticed
that Mr. John Portman who we have long been trying to get into the Miami area
has come in unfortunately, to Dania where he has joined Mr. Dantel in a fifty
per cent ownership of what is going to be a major merchandise...
Ms. Whipple: And he is taking over the management of it. So, which is
especially...
Mayor Ferre: Which is even worse. Which means that we got heavy duty
competition.
Ms. Whipple: We have to really do fast things.
Mayor Ferre: All right, now, Mr. Manager, members of the Commission, the
payroll that is involved here is six thousand employees. There are six
thousand Miamians that make their living in that design center. There are
already fifteen companies that have decided to leave and go up to the new
project in Dania. This is a nice step in the right direction. I am very
proud of Mr. La Luz who is out there spending his money and out of his banks
to make a major development, but I don't want anybody to come back and tell
members of the Commission or me that we have not done the maximum that there
is that can be done as a government. Now, we can't come in and do private
sector stuff, but what more can we do to help that important business segment
of Miami survive?
gl 165 September 12, 1985
i
Ms. Whipple: Well, one thing we can do is speed along all the projects like
the highway beautification project the City is working on...
Mayor Ferre: Mr. Manager and this is I got to tell you in all honesty. This
Commission when Carollo ran four years ago..r, two years ago and when Dawkins
1 ran four years ago we had made a commitment to those people we were going to
do that. Today Dawkins is running again, Perez and I'm runnings four years
have gone by and nothing has happened on the beautification. Now, what in the
world do we need to do to get this thing as promised moving. I mean, what do
we need to do? We passed resolutions on this Commission. We...time and time
again these people have come here complaining. We have passed... Charlotte
Gallogly, you have written memorandums. We have had people here screaming at
us upset eight, nine, ten months ago. We had a big to do here eight or nine
months ago. Where is it? What the hell is going on? Can somebody answer?
Ms. Charlotte Gallogly: I would be very happy to answer that question. The
Miami Design Plaza merchants have indicated specifically now which streets
that they want to... and the sidewalk areas that they want improved and there
is an agreement on that. The Public Works Department now will be going out
and getting the plans so the construction can began and we have been advised
by the Public Works Department that the entire project will be completed
within twelve to eighteen months and that is the time that is required...
Mayor Ferre: I mean, I have heard this... we have been hearing this for four
years.
Ms. Gallogly: But I will share with you, Mayor Ferre, that is never before
have we had clarity on the streets and second of all we now have action taken
by the City Commission to get the plans and specifications drawn.
Mayor Ferre: But is it too late. I mean, are we coming in with too little
too late? Is there anyway to speed it up?
Ms. Gallogly: Well, the delays that I have been advised by the Public Works
*,. t Department are occurring because of the utility companies in terms of getting
the actually constructions to start.
Mayor Ferre: All right, I have a motion to make. Mr. Plummer, now that you
{ re here and Carollo and... I would like to make a motion. I would like to
j make a motion Mr. Manager, that you come back to this Commission in the first
meeting in October and I think we ought to retain an outside firm that is
going to crack a whip, because with all due respects to our administration and
staff, it'll be four more years before we get off the ground on this thing.
We got to get out and get the private sector to help us on this. We're not
r going to do this for all these governmental agencies, so g g g g you go out and come
. back with a recommendation as to how do we get the private sector to go out
there and get this job to the private sector to expedite this. I don't mean
r° to cast disparaging remarks to Public Works or anything else or to our
departments, but let's go outside and do it outside. We'll never get it done
r otherwise.
Mr. Pereira: We'll be back to you.
Mr. Carollo: I'm in favor of it as long as it's not going to cost a
tremendous amount more.
;A Mayor Ferre: Let's get a report. You come back and tell us what we can do to
expedite and improve this promise of four years that hasn't been fulfilled as
of today. I so move.
Mr, Jack Gordon: Mr. Mayor, I'd just add a word. My name is
Jack Gordon,
11417 N, Bayshore Drive, North Miami. I'm Vice President
of
the Miami
``
Merchants Association and a property owner and a businessman in
the
district.
You just properly expressed the frustration that we feel because
while we
are planning so many wonderful things, action is taking place,
by
a private
?< �N
entrepreneur, Mr. Dante, Mr. Portman, up in Dania.,.,
Mayor Ferre; And they are going to be open before....
Mr. Gordon; They're acting while we're talking,
of&gl 166 September 12, 1985
4:1
Mayor Ferre: Mr, Gordon, the point is that we've been talking about this
for
four years, The private sector is going out there and spending a hundred
and
some odd million dollars,
!
Mr, Gordon: Right,
'
Mayor Ferre: They're going to be open, finished, doing business and we still
haven't started!
} -
Mr. Gordon: And they'll have companies up there that were previously in
our
area,
t
Mayor Ferre: And they're going to start sweeping our place, taking all
our
customers, all our people away. So that's my first motion,
Mr. Dawkins: I second it.
Mr. Carollo: I vote yes, Madam Clerk.
Mayor Ferre: Call the roll, J.L.
i
Mr. Plummer: Call the roll.
The following motion was introduced by Mayor Ferre, who moved
its
'
i
adoption:
1
MOTION NO. 85-944
A MOTION DIRECTING THE CITY MANAGER TO COME BACK
BEFORE THE CITY COMMISSION NO LATER THAN THE FIRST
MEETING IN OCTOBER WITH HIS RECOMMENDATIONS IN
CONNECTION WITH THE POSSIBILITY OF RETAINING AN
OUTSIDE MANAGEMENT FIRM WHICH WOULD HELP TO EXPEDITE
PROPOSED MODIFICATIONS TO THE MIAMI DESIGN DISTRICT
DEVELOPMENT PLAN, PURSUANT TO REQUEST RECEIVED FROM
;
REPRESENTATIVES OF THE MIAMI DESIGN PLAZA MERCHANTS
NT
ASSOCIATION; FURTHER REQUESTING THE MANAGER TO EXPLORE
THE POSSIBILITY OF GETTING THE PRIVATE SECTOR INVOLVED
?
IN THIS PROJECT.
Upon being seconded by Commissioner Dawkins, the motion was passed
and
adopted by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
�u
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice-Mayor Joe Carollo
Nti' it
�
f.. y
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
80(B) DIRECT ADMINISTRATION TO EXPLORE POSSIBILITIES IN THE BUSINESS WORLD AS
TO POTENTIAL COST FOR THE PRIVATE & PUBLIC SECTORS TO JOINTLY RETAIN A
BIG MANAGEMENT FIRM FOR MANAGEMENT OF THE "DESIGN DISTRICT MALL", ETC,
j Mayor Ferre; Mr. Plummer, now I have a second motion I want to make. Mr,
Manager, I want you to come back, NOW there are a lot of cities in America
and governmental areas where there is shopping where when they get into
trouble with malls, you know, and the malls start competing with them, they go
out to the private sector to get Halsian Corporation, or the XYZ or ABC
Corporation and they come in as mail managers and they take on a district as
if it were a private entity mall for cleaning, for maintenance, for ward
services or a plant maintenance, for the whole smear, as if it were competing
El 167 September 12, 1985
with the mall• We have this fellow Dante and now it's John Portman► I don't
;`:..
worry about Dante, but when John Portman comes in, you're talking about the
first of Dallas Fashion Bart and now the very, very big and successful Atlanta
District, This is the Furniture District owned and run by John Portman►
`
^`
Those people know what they're doing and we're going to have to compete with
them. So 1 would recommend, 1 would like to do this. You go out, I'd like to
make a motion, that the City go out and talk to different people that are in
I
this business. These are managers of these types of furniture centers and to
see what it would cost with the private sector and the public sector to
jointly retain a major management firm to run that district as if it were a
mall►
Ms► Jean Whipple: We remember for two years we did have a manager, we did
have that type of management group and a lot of these things were held up
during that time► What we need, I agree with you, if we can find the right
one, and the correct one, it would be good and I think we should go looking
for it, but in the meantime....
Mayor Ferre: Jean, it may be that you're going to have to get these owners to
pay so much per square foot for the services, but you know, if you're going to
compete with that fellow up in Dania, you're going to have to do it at that
level. Otherwise, we're not going to have a design district in ten years.
Ms. Whipple: But in the meantime, we're going to have to do a lot of things,
and the merchants have to see things done quickly. We have to start digging
up the streets. We have to show more security and things that will take....
Mr. Gordon: Is there a way, Mayor, that we could get some additional help
from this City in the most important area to our customers on security?
Mayor Ferre: Mr. Manager, the motion is that you come back in addition to the
report as to whether or not we can expedite the construction project, that you
come back and tell this Commission what needs to be done so that whole
district can be upgraded and improved so it can become competitive so that
x'
we're able to keep these people from moving out of here up to Dania.
Mr. Plummer: There is a motion on the floor. Is there a second?
Mayor Ferre: If that requires management or whatever it is, whatever it is,
'
3
I'd like to hear what it is.
Mr. Plummer: Is there a second to the motion? Demetrio seconds the motion.
Motion understood? Any further discussion? Call the roll.
12
a
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 85-945
A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING
THE ADMINISTRATION TO GO OUT AND TALK TO DIFFERENT
INDIVIDUALS AND/OR FIRMS IN THE BUSINESS WORLD TO SEE WHAT
IT WOULD COST FOR THEE PRIVATE SECTOR AND PUBLIC SECTOR
TO JOINTLY RETAIN A BIG MANAGEMENT FIRM TO MANAGE THE
DESIGN DISTRICT MALL; FURTHER REQUESTING THE CITY MANAGER
TO BRING THE FOLLOWING FOR COMMISSION CONSIDERATION:
(a) A REPORT ON PROPOSED PLAN TO EXPEDITE THE CONSTRUCTION
PART OF THE PROJECT; AND
(b) HIS RECOMMENDATIONS AS TO WHAT NEEDS TO BE DONE SO
THAT THE WHOLE DESIGN DISTRICT CAN BE UPGRADED AND BECOME
COMPETITIVE IN ORDER TO PREVENT BUSINESSES FROM LEAVING
THE AREA.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote-
si&gl 168 September 12, 1985
i hT4,�
j A
r�Y ,
i
fit::.....'
AYES: Cbi6mssiofer Miller J, Dawkins
Commissioner J. L. P uMer; it,
Commissioner Dernetrio J. Perez, Jr.
Mayor Maurice A. Fevre
NOES: None,
ABSENT: Vice -Mayor joe Carollo
Nis, Whipple: Mr. Mayor, can we address further security. I mean is there
something...:?
Mayor Ferre: That's what the Manager was instructed to do.
Ms. Whipple: Thank you.
Mayor Ferre: You deal with the Manager and we'll be back to you.
81 (A) DISCUSSION REGARDING REQUEST
"SUNSTREET FESTIVAL"
(B) DISCUSSION REGARDING REQUEST
"BIG ORANGE BLOSSOM CLASSIC"
FOR FINANCIAL ASSISTANCE FOR THE 1985
FOR FINANCIAL ASSISTANCE FOR THE 1985
Mayor Ferre: We're now on item 77, Sunstreet. We have item 82, which is the
Orange Blossom Classic. Who's representing the Orange Blossom Classic? Mr.
Williams, come on over here so we can hear you both.
Ms. Esther Silver: Mr. Mayor, Commissioners, I'm Esther D. Silver. I live at
3951 N.W. 188 Street. I'm President of the Sunstreet Festival. The Sunstreet
Festival is really not a festival of dancing, ethnic foods, and that kind of
thing. You have to remember the Sunstreet Festival is an economic
development. It is designed to make merchants aware of their process of
getting people to come in to Liberty City areas from other places where
business is springing up. We're really trying to revitalize what has been
destroyed during 1980. We are saying to the people; we have good quality
services. We have good quality food. Come in and see what we've got. We've
got these few days in which we can let the merchants make some money and
probably entice some new people to come in and we're not just dancing in the
streets and we need more importantly, we need in -kind services as opposed to
money itself because we feel that those merchants that deal with it will put
in a little money but we need in -kind service to the tune of $79,150 in
outset, but however if we do not get that, if we do not get the Miami Baseball
Stadium for a concert, we're only asking for $23,000. Commissioner Plummer,
you opened your mouth on that one, but we're not going to chaff you. We're
going to give you every penny, every dollar. You're going to really be happy
with this, because you've been happy with Sunstreet before and now is the time
to really see us move and then maybe next year I will not have to stand here
at this time of night and take up your time. Sunstreet Festival is a viable
alive thing. It's not competitive with anything else that's happening, so
don't assume that because you've done this for the Black community, you can't
do that. These are different entities. We're talking about Black business;
we're talking about Black heritage or more importantly, we're talking about a
Black awareness. We're talking about bringing people in and we find that
we're going to be able to match you dollar for dollar, in fact two dollars for
a dollar, for anything you can do for us. It is a day of being aware that
you're Black and let the merchants be aware that people really would like to
have them come in and buy their things. We'll have merchants specials. We'll
have a fish special. We'll have everything and we'll let you know what we're
doing and we need your support very much.
Mr. Williams: Mr. Mayor, Commissioners, thank you for letting me reappear to
represent the Orange Blossom Classic. I'd like to say that the Classic
representatives fully support the Sunstreet effort. When we came before you
last time, we were asking for $98,000. You gave us some very pointed
recommendations and I think you would be happy to know we took those
recommendations in the spirit of which they were offered and this time around,
we can say to you that we have corporate support already in the tune of about
$45,000 that we have in fact, reduced or required funds from the City, we have
sIdBI 169 September 12, 1985
S
1
}
/
1
County support in the tune of $40t000 and we have the State Department of
Commerce supporting our efforts, At this time, they have not determined the
total amount of honey that they are going to give us. They are going to have
a corporate reception for three or four hundred people in the name of the
Orange Blossom Classic. You also suggested that we talk to the Sunstreet
representatives and I would like to say, Mr. Arthur Brooks of Sunstreet was
one of the instrumental supporters in our getting county commitmentso so we
1
are in tune. The only thing that we have right now that separates Sunstreet
and OBC in terms of geography, I guess, chronology, is the date. We have a
date problem with the Orange Blossom Classic. As you know the stadium is
pretty well packed, the Orange Bowl. We have October 19th as a hard date. We
can't go anywhere from there. So, given that we went to the corporate
community, given that we have talked to Sunstreet, given that we've talked to
Liberty City merchants and they have given us their support, as they have
given Sunstreet their support, we're now back saying that we've come to a bare
crush here and we're not asking for $98,000; we're asking for $50,000 and
$30,000 of that is in -kind. So we're really talking only $20,000, Further we
can say to you that now that we have the Classic back with the expected
involvement of the community and the corporate community from the fact that we
are providing product visibility, in the next few years we're going to be self
sufficient in this ordeal.
Mr. Dawkins: Mr. Williams, will you go through your budget that you have
there in front of you? No, I don't need all that. Isn't this a home game for
Florida A&M?
Mr. Williams: Commissioner Dawkins, I'm not really sure whether it is a home
game, but I think it's....
Mr. Dawkins: It's on the schedule.
Mr. Williams: It's a scheduled game....
Mr. Dawkins: It's a scheduled game.
Mr. Williams: ....not a home game.
Mr. Dawkins: So Florida A&M would be the home team. Let me tell you where
I'm coming from. I'm going to help Florida A&M I'm going to bring the Orange
Blossom Classic back here, but I'm not about to sit up here and take taxpayers
dollars to transport Florida A&M football team down here to play football and
bring their band down here to showcase their band when Florida A&M have an
athletic fund or budget from which that should come. When you eliminate that
from your budget and then tell me how/where we are, then you got me.
Mr. Williams: Commissioner, that's not in the budget.
Mr. Dawkins: The one you gave me, it is.
Mr. Williams: You instructed us to revise that budget and do some homework.
We did our homework and that's nowhere in the budget.
Mr. Dawkins: So none of the money that we're giving you is going to support
the football team or the band.
Mr. Williams: Absolutely not, and none of the monies are going out of this
City.
Mr. Plummer: Tell me approximately of the people who attend the game, how
many of those will come from out of town.
Mr. Williams: We hope to have as many as 10,000 people coming from out of
town. Eastern Airlines has agreed to be our official airlines, so we are
putting out a national document to insure that with reduced prices we're going
to get an awful lot of people. We're getting a lot of spirited replies here,
and I think the thing is going to get back on the track here.
Mr, Dawkins; Mr. Manager, have you reviewed this, sir?
Mr, Pereira; We have reviewed.
$U$I 170 September 12, 1985
Mr. Dawkins; Where does it fit in with the new policy for festivals and what
have you? Do you have it budgeted?
Mr. Pereira: No, it's not budgeted: As you know] you have established a
policy of no festival funding6
Mayor Verret And that included everything.
Mr. Pereira: It was inclusive of everything.
.;
Mayor Ferret Including Miss Universe, including Calls Ocho, including OTI
Festival, including Sunstreet, everything.
Mr. Plummer: It's the policy.
Mayor Ferret Including Goombay, including Carnival.
Mr: Dawkins: Calle Ocho.
Mr. Pereira: PACE, Film....
Mr. Plummer: He's got to come up with a million dollars in the budget.
That's where it is. I hate to put it this way, but every $50,000 you take out
of that budget, you're taking another policeman out of the streets. I don't
mean to be so blunt, but that's the truth. If anybody else wants to take that
i
responsibility, they can, but I'm not. Doctor, I'll tell you the same thing
I've told all the rest of them, I'm going to tell everyone that comes up here,
if the policy changes, I'll fight like hell for you, but as long as the policy
is in effect, I hope it stays in effect, I got to tell you you've already got
$10,000 from this City, $40,000 from the county; 27% of it comes from City
people. What we're saying to you is, you've got to go to the place where
those monies are available. That is in the tourist development council. They
have monies in the A.N.C., the Arts and Culture, and they have a certain
amount of money dedicated for festivals. I'll be the first one to tell you
it's not sufficient. That's where the people of this City, you would be
surprised to know, that 40% of that $5,000,000 is raised in the City of Miami.
You'd also be surprised to know that the festivals that are sponsored in the
City only get back about 6% of it.
Mr. Dawkins: As the doctor said, we have a new Manager. The Manager came in
and said no increase in taxes, therefore, there is no money, but I will say as
I've said every meeting, if the policy changes, I'm going to fund Sunstreet
.R'
Festival; we're going to fund the Orange Blossom Classic; we're going to fund
Goombay, we're going to fund everything that's fundable. So now whomever
breaks the law and goes back to the old way, that's where we're going.
Mr. Perez: Ms. Silver, let me ask you something. In the letter that we have
here, what is what you are requesting? You are requesting police protection,
trash removal, the showmobile use, a waiver of the Miami Stadium. That is
what you are requesting.
Ms. Silver: Yes, we're only asking in -kind; we're not asking for money.
Mr. Perez: Mr. Manger, how much is the...?
Ms. Silver: This is economic development, this is not a festival as such.
Mr. Perez: How much is the Miami Stadium charge?
Mr. Pereira: Cesar, what is the rental cost of the Miami Stadium? One
thousand dollars basic, plus the expenses of the lights.
Mr. Plummer: Well, plus clean up and all the rest of it is plus.
Mr. Pereira: Clean up and all the rest of the stuff.
Mz. Dawkins: What are we talking about, like the Commissioner said, what are
you talking about, the police, trash pick-up, lights, and rental?
Mr. Pereira; $2,500,
Mr, Beret; But that is including police and everything?
s18�1 171 September 12, 1985
Mr, Pereira: No, no, the police is additional I believe $18,000 in terms of
the total cost of thew .,
Mr. Plummer: $180000 for the baseball stadium?
Mr. Pereira: No, you're talking the festival parade, it's all inclusive.
Mr. Plummer: Excuse me, the Commissioner was asking in relation to the
Baseball Stadium. What is the cost of a one night rental?
Mr. Cesar Odio: One thousand plus the expenses, about $2500; plus the police.
You have to tell me what they want to do.
Mr. Plummer: What are you going to do? You are going to have a concert?
Ms. Silver: We're going to have a musical concert; however, I did delete
that, if we could get the parade festival money. That would intend naturally
to develop economic development. We're talking about fines, inspector
permits, emergency medical, trash clean-up, and showmobile, which comes to
$23,050, which has nothing to do with the baseball stadium is a different
item.
Mr. Odio: How many people do you expect to have there?
Ms. Silver: We had 150,000 last year and we expect to have 250,000 at the
parade, if that is what you're talking about.
Mr. Odio: Well, to give you an idea, Commissioner, we had 37,000 people
Friday night; we used seventy -some police officers. That is $24 an hour. You
need a minimum of six hours.
Mr. Perez: Do you expect 50,000?
Ms. Silver: Are you talking about parade or are you back on stadium?
Mr. Perez: I'm talking about the use of the Miami Stadium.
Ms. Silver: Oh, in that case, we expect 30,000, the capacity.
Mr. Perez: What is the capacity of the stadium?
Mr. Odio: You can, for a concert, you can have that many people,
Commissioner, but you need 70 police officers for that amount of people.
Mr. Plummer: How much is that?
Mr. Odio: $24 an hour, if they're open four hours, that's... you're talking
about quite a bit of....
Ms. Silver: Could I suggest that a different... If we could get police
protection for Sunstreet Festival and Parade and fire inspection and the
clean-up trash and the showmobile for creating economic development and for
the $23,050 and then deal separately with the stadium. Could we do that?
Mr. Plummer: There are no dollars.
Ms. Silver: That is all I'm saying, in kind. I don't want money.
Mr. Plummer: In -kind is damn expensive.
Ms. Silver: I understand it is.
Mr. Plummer: I know, but I'm telling you, there are no dollars.
Ms. Silver: Not even for in -kind.
Mr. Plummer; No dollars.
Mayor Ferre; See, the problem is that it isn't you that we're picking on.
It's everybody.
1314I
172 September 12, 1985
Mr► Plummer: We've told everybody this►
Mayor Ferre: Calle echo is not getting any money► Carnival is not getting
any money► The Miami Film Festival is not getting any money►
Ms, Silver: Not in '85i what about 1861
Mr, Pereira: Everybody was notified; you saw the letter,
Mayor Ferre: This fiscal year is starting October 1, 1985 and going through
the end of September of '86,
Ms, Silver: Of course, we are a young group, naturally, because of Liberty
City's devastation we know that we need more help. If you don't need Calle
Ocho, I'm sure they will survive. But I'm not so sure we will, I do have
some problems with our survival,
Mr. Perez: When do you plan the festival, on December?
Ms. Silver: It's the last of November and the first of December, from the
21st of November to the 8th of December.
Mr. Perez: If you have a fee waiver of the Miami Stadium, do you think that
would help you?
Ms. Silver: I think it would indeed.
Mr. Perez: Mr. Mayor, I would like to move a motion to approve a fee waiver
of the use of the Miami Stadium.
Mayor Ferre: Is there a second for a waiver of the fee; that we've done in
the past.
Mr. Dawkins: Second,
Mayor Ferre: Further discussion? We haven't done that?
Mr. Dawkins: No.
Mayor Ferre: We haven't waived any fees for stadiums?
Mr. Plummer: No.
Mr. Perez: To cover the cost....
Mr. Plummer: You seconded the motion to waive the fee?
Mr. Perez: To waive the fee in order to that the City pay for the service.
How much is, Cesar, about $2,000 you say? How much will be one night, the
Miami Stadium?
Mr. Odio: One thousand dollars without the expenses.
Mr. Perez: O.K., one thousand dollars will be the.., O.K., to grant one
thousand dollars to the Sunstreet Festival Committee in order to pay for the
Miami Stadium.
Mr. Dawkins: I'll go out and help raise it from donors.
Mayor Ferre: We got a motion. Is there a second? Hearing none...
Mr. Dawkins: If they just need a thousand, I'll ask anybody. I'll go out and
try to solicit the thousand dollars.
Mayor Ferre; All right, Commissioner Dawkins and Commissioner Perez will be
soliciting $1,000.
Mr. Dawkina; If that is all you need, now when I give you the thousand, I
mean that's all.
Ma. Silver; That's not all I need, Commissioner Dawkins, and you know that's
not all we need.
aldgl 173 September 12, 1985
Yt.
M
Mr. pluimnert I second the motion Commissioner Dawkins go out and hustle►
Ms, Silver: You have this here.
Mr. Dawkins: Don't let people lead you down to..ar
Ms. Silver: please don't.
Mayor Ferret We need to move along. We thank you both very much. I'm not
telling you that we're happy about this, but we're doing this as of right now
everyone is on this same boat. We've got some people that are going to be
hurting on this, the Miami Film Festival, in my opinion, is in serious trouble
because of this.
Ms. Silver: But I don't think that's ethnic survival. I don't think that
means that the Black people will not be able to show their wares and to
progress. See, we're building in our failures when we don't give a little.
If we don't give a little, we're building in failures.
Mayor Ferre: Goombay is in trouble.
Ms. Silver: Goombay is in trouble, but so is Uncle Arthur's Grocery Store, so
is in the cleaning place on 7th Avenue. If we don't do this kind of thing....
Mr. Plummer: So is the City of Miami.
Ms. Silver: I understand that, but I have to talk about those things that I
know that's in trouble. I get very upset when I find that you don't want to
give us a little bit of something so we can eventually next year not have to
come to you, send you a report, and say, "Look what we've done with what you
have done for us." I've got some problems with that. When we're talking
about pittance. We're talking about waivers. We're not talking about
shelling out money. We're talking about a little bit of you for us. We're
talking about trying to do something that 1980 did for that community. We're
trying to really revitalize, give the merchants some confidence, give the
people some confidence in the merchants. We don't have that now.
Mayor Ferre: We've been doing that. Let me tell you how much we spent last
year.
Ms. Silver: Mayor Maurice Ferre, I'm not being obnoxious.
Mayor Ferre: I understand, Ms. Silver.
Ms. Silver: But you know that I know what you've done. I'm very, very
knowledgeable about has happened.
Mayor Ferre: Sometimes people do forget. I'm not hurt about it.
Ms. Silver: No, I have not forgotten.
Mayor Ferre: But I want to tell you something. Mr. Manager, from the budget
department, can you tell us how much money we spent last year in these types
of activities, festivals? Well over a million dollars, close to two million
dollars!
Mr. Plummer: Over two!
Mr. Pereira: $2.3 million, as I recall.
Mayor Ferre: We've been spending $2.3 million.
Mr. Plummer: And that doesn't include....
Ms. Silver; On 1985, let's deal with now, when we are starving now, when we
need now. Let's not deal with what you've done. We all know what the riot
did, but let's don't deal with that. Let's deal with what we can do now. I'm
really upset about the fact that you can't give me in -kind from the City of
Miami.
Mr, Plummer; We can raise taxes,
sldgl
174 September 12, 1985
Mayor Ferre: It's not a question of wasting taxes.
Mr. Plummer; We can raise taxes,
Mayor Ferre: The point is that the City of Miami started out helping these
festivals and t think they're good. Miss Universe is Good, Calle Ocho is
good. People spend a lot of money like that. But it's gotten up towards two
and a half million dollars.
Mr. Plummer: That doesn't include the waiver of rentals.
Mayor Ferre: This Commission has taken the position that we just have to put
a stop to it. Eventually, we'll come back and we'll be dealing hopefully
realistically, but right now there is a stop.
Ms. Silver: I do hope we're alive at that point, because I frankly think that
means we start over again crawling and maybe dying along the way. That's the
problem that you have to face.
Mayor Ferre: Essie, the problem is that you know that we got to a point where
everybody was coming here and getting money. You know, wait a moment, our
budget is $200,000,000 budget. The county has a $2,000,000,000. The City of
Miami was putting more money for festivals than the county was. Now that
isn't right.
Ms. Silver: Not in that.., both of you did the same amount last year for
Sunstreet. You have to realize what Sunstreet's mission is, and if you kick
this, all the other monies you're putting in there is not going to be worth a
darn. The money you put in for crime is not going to help, unless there are
some merchants who can hire some people to sell some things and it's
accessible to Black people. We've got to make it accessible to Black people
in the place where the poor people are there. If we don't do that, we are
and that goes for Commissioner Dawkins, that I know very
well and he knows that better than I do.
Mr. Dawkins: I love you and you love me.
Ms. Silver: I know, darling.
Mr. Dawkins: But I care less about festivals when it comes to talking about
economic development. My biggest problem and my most urgent plea for re-
election is the ratio of high unemployment. We can have all the stores on the
street that we want, but if we don't put some people to work where they can
get a pay check to go to the store, the store will still be empty.
Ms. Silver: Wouldn't the store hire some people? You know, you're talking
about a circle that goes around and around. There is no way there is a
starting point.
Mr. Dawkins: The store can hire as many people a it wants, but if you still
do not have the people to purchase in the stores, the store will not exist.
Mayor Ferre: All right, we're going in a circle now and we need to move
along, because there are a lot of people waiting for other issues.
Mr. Williams: Could I make one last statement?
Mayor Ferre: Yes, sir, of course.
Mr. Williams: I strongly support the position of Ms. Silver, I see that the
Commissioners made a policy and all I would say at this time that if in the
very near future, that you find it in your moving to give to go along with us
in terms of at least the stadium, the security, the contract clean-ups, and
those other things that could possibly come out of City expenditures, we'd
certainly appreciate it, because we're moving toward being self-sufficient, as
she indicated.
Mayor Ferre; You know that sooner or later, it's just a matter of time,
somebody is going to break around here. When that happens, you and
Sunstreet....
175 September 12, 1985
Ms, Silver: I'th going to be right here,
Mayor Ferret ,..,Calle Ocho, Miami Film will all be back,
Mr, Williams: We'll be here.
Ms. Silver: 'Thank you,
82 DISCUSSION REGARDING REQUESTED USAGE OF THE MIAMI BASEBALL STADIUM BY
"ENTERTAINMENT GALORE" FOR A CERTAIN EVENT TO BE HELD IN DECEMBER
..�r.rr�.�.rrr+.r.rrrrrr�rr.::r.rrr��..+.r�rr.rr�a.�r.err...rr��irr-�r�rirrrrrrr...�.�rrr�r�rr..�r��r
Mayor Ferret We're now on item 78, which is "Entertainment Galore" who is
requesting usage of the Miami Baseball Stadium for an event scheduled December
7th.
Mr. Will Covington: Mayor and Commissioners, this event was in conjunction
with Sunstreet Festival. My name is Will Covington, President of
Entertainment Galore.
Mayor Ferre: Mr. Covington, you heard the discussion so far?
Mr. Covington: Yes, I have. My comment about that is I agree with what
you're saying about trying to put a situation here where you don't have of
people who continue to come by year by year borrowing money and trying to get
money to put on festivals. But I would, even though you're going to say you
probably have already said no, but the thing is we had requested the stadium
to try to change that situation by putting on a major concert, and by putting
on that concert, we asked for the stadium to be waived, I mean for the rental
of the stadium to be waived for us so that it would give us an opportunity to
build some funds or have capital so that Sunstreet and other festival
organizations would not have to come to you year after year asking for money.
Mr. Dawkins: The first thing, Will, we got to clear up is there is a
conflict. We've already booked Tina Turner in there for the 7th.
Mr. Covington: Right, I had gotten that information.
Mr. Dawkins: So we're no longer discussing the 7th.
Mr. Covington: Is it possible another date?
Mr. Dawkins: Why don't you sit down with me.
Mr. Covington: O.K.
Mr. Dawkins: Then I'll report back to the Commission and let's see if we can
find somebody in the private sector who will advance us the money, because
you're putting on a thing to make money.
Mr. Covington: Yes, definitely.
Mr. Dawkins: So, let's see if we can find somebody to advance us what we need
and then we'll pay them out of the gate receipts.
Mr. Covington: All right. I agree with that.
Mr. Dawkins; Is that all right with the other Commissioners if I sit down
with him and work that out? Then we'll sit down and we'll get somebody to
loan us the money until the concert is over. Because if they have $64,000
there to see him, and I know you are as good as he is.
Mr. Covington: Yes, we know.
slag!
176 September 12, 1985
83 DISCUSSION REGARDING PROPOSED REQUEST FOR FINANCIAL ASSISTANCE FOR THE
"ONE ART BALLET THEATRE"
-- i.ii �iiii4iiii'-'._•'..�iG Ti &.AAG��iaY+3
Mayor Ferre: The next item is One Art Ballet Theatre, item 79• Ism sure
you've heard the discussion up until now,
Nis. Diana Martin: Yes, we have.
Mayor Ferre: Is there anything you want to add?
Ms. Martin: We are basically here to....
Mayor Ferre: We know that Mike Abrams and George Firestone and Jorge Valdez
and Roberta Fox and Miller Dawkins all support you.
Ms. Martin: My name is Diana Martin. I've heard what is going on. We were
just here to see if we can get matching dollars from George Firestone and it
would be $18,000. If you don't have it or whatever you can do to assist us
with our annual festival.
Mayor Ferre: I see that George Valdez supported you. Did you get county
money?
Ms. Martin: We got $3500 so far and they have other grants coming up that we
hope to get some more dollars from. Out total budget....
Mayor Ferre: There are so many worthy causes. We wish we could help you, but
as you can see, we've taken a policy turn here and decided that we're just
going to hang on for a little bit. I'm sure this will change some day.
Ms. Martin: So the Tourist Development Council would be the next....
Mayor Ferre: Yes, ma'am.
Mr. Dawkins: And tell them we sent you.
Mayor Ferre: With our blessings. You have our full support.
UNIDENTIFIED SPEAKER: Even if this is not a festival. This is more like....
Mayor Ferre: Yes, like the Miami Film Festival is not being funded. We're
not funding Ballet Concerto. We're not funding Gratelli. We're not funding
any of the things that we used to fund.
Mr. Plummer: You might qualify for some of Dave Weaver's money.
Mayor Ferre: Hey, don't be cruel.
Mr. Plummer: I'm not being cruel.
Mayor Ferre: Cruel and unusual punishment.
------------ ---- --- - -
84 AUTHORIZE PURCHASE OF TWO PARCELS LOCATED WITHIN THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT AREA
Mr, Dawkins: Mr. Mayor, before we go to 79, before we go to 80, Mr. Herb
Bailey says that he has a deadline and he needs 54, 55, and 56. I move 54.
Mr. Plummer: What is the emergency?
Mr. Dawkins: Come and tell him what the emergency is, Mr, Bailey.
Mr. Matthew Schwartz; Items 55 and 56 are needed for a UDAG application which
is pending right now in Washington.
sCg 177 September 1R, 1985
n
Mayor Verret Does anybody disagree with items 54, 55# 56? Is anybody here in
opposition to it? Dawkins moves 54; Plummer seconds it► Further discussion?
Call the roll►
The following resolution was introduced by Commissioner Dawkins' who
moved its adoption:
RESOLUTION N0. 85"946
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO
PARCELS OF LAND LOCATED WITHIN THR SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT AREA AT APPRAISED VALUES WITH CLOSING
BONUSES SET AT THE RATE PREVIOUSLY ESTABLISHED BY THE CITY
COMMISSION, AND FURTHER AUTHORIZING THE CITY ATTORNEY TO
PROCEED TO CLOSE ON THESE PARCELS AFTER EXAMINATION OF THE
ABSTRACTS AND CONFIRMATION OF OPINIONS OF TITLE.
(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
85 PROCEED WITH DEVELOPMENT OF A MULTIFAMILY RENTAL HOUSING PROJECT - ISSUE
MULTIFAMILY REVENUE BONDS NOT TO EXCEED $6,000,000 (Circa/Barness/Sawyer,
a joint venture)
Mayor Ferre: Is anybody opposed to item 55?
Mr. Plummer: I got an amendment. The amendment is that any monies not used
for this particular project revert back to a fund that can only be spent by
approval of this Commission.
Mayor Ferre: With that amendment, does Dawkins approve the amendment? Second
by Plummer, as amended. Further discussion? Call the roll on 55.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-947
A RESOLUTION AMENDING RESOLUTION NO. 85-836, EXPRESSING
THE INTENT OF THE CITY OF MIAMI TO PROCEED WITH THE
DEVELOPMENT OF A MULTIFAMILY RENTAL HOUSING PROJECT AND
THE FINANCING OF 91 UNITS THEREOF THROUGH THE ISSUANCE OF
MULTIFAMILY MORTGAGE REVENUE BONDS IN AN AMOUNT NOT TO
EXCEED $6 MILLION FOR THE BENEFIT OF CIRCA/BARNESS/SAWYER,
(A JOINT VENTURE ESTABLISHED FOR THIS PURPOSE), BY
INCREASING THE MAXIMUM SIZE OF THE MULTIFAMILY MORTGAGE
REVENUE BONDS BY $2,000,000 FOR THE DEVELOPMENT AND
FINANCING OF SAID PROJECT TO ALLOW FOR AN ISSUANCE IN AN
AMOUNT NOT TO EXCEED $8,000,000.
(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-
alagl 178 September 12, 1985
AYES: Commissioner Miller J. Dawkins
Cwnissiofter J. L. Plummer) Jr.
Commissioner Demetrio Jr Perez) Jr.
Mayor Maurice A. Ferre
NOES: None,
ABSENT: Vice -Mayor Joe Carollo
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86 COMMISSION EXPRESSES INTENT TO PROCEED WITH DEVELOPMENT OF MULTIFAMILY
RENTAL FAMILY PROJECT AND THEE FINANCING OF 150 UNITS THEREOF THROUGH
ISSUANCE OF MULTIFAMILY REVENUE BONDS ($90500,000 for benefit of
Circa/Barness/Sawyer, a joint venture)
Mayor Ferre: Take up item 56.
Mr. Plummer: With the same provisions, I'll move it.
Mr. Dawkins: Second.
Mayor Ferre: Moved and seconded. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-948
A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF MIAMI
(FOR A PERIOD OF SIX WEEKS) TO PROCEED WITH THE
DEVELOPMENT OF A MULTIFAMILY RENTAL HOUSING PROJECT AND
THE FINANCING OF 150 UNITS THEREOF THROUGH THE ISSUANCE OF
MULTIFAMILY MORTGAGE REVENUE BONDS IN AN AMOUNT NOT TO
EXCEED $9,500,000 FOR THE BENEFIT OF CIRCA/BARNESS/SAWYER,
A JOINT VENTURE ESTABLISHED IN PART OF THIS PURPOSE.
(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 Carollo
0141 179 September 12, 1985
n
87 BRIEF DISCUSSION AND DEFERRAL OF REQUEST BY THE "OPPORTUNITIES
INDUSTRIALIZATION CENTER OF DADE COUNTY" FOR FINANCIAL ASSISTANCE FOR
THEIR ORGANIZATION
si.ssr..,..�—spy.ac.a.�.—swsss��sar.�s:trrs�c�.zi:sa.cati+.y:sawaarzs�..s�rss..zr.�as�..s�is�.s.cr+cati.isi:.s.yrr. �s—
Mayor Ferree We're now on item SO.
Mr, Plummer: What was the emergency?
Mayor Ferre: He has to go to dinner. Take up Item 80. The Opportunities
Industrialization Center of Dade County requesting financial assistance. Yes,
sir.
Rev. William H. Washington: I am the Rev. William H. Washington, Sr. and I'm
the Chairman of the Board of OIC. I would just like to pass these around to
you gentlemen. I stand before you today on behalf of a very viable and a very
important organization that serves the unemployed, that serves the unskilled,
that serves those who are in need in the Liberty City area. OIC has an
enviable record, track record of placing many of the deprived and unskilled in
jobs in that area and so by motion of our board back in April we were asked
to appear before this Commission to ask for financial relief for this viable
organization, but due to shifts in your administration and change of personnel
that resolution that was submitted to one of your representatives got
misplaced and did not get into the proper hands. We have been funded by the
County to get our building renovated...
Mayor Ferre: Reverend, excuse me, but I need to ask you. You know, that we
have a standard rule around here that all these type of things need to go
through the administration. Has this been through the administration?
Rev. Washington: It was submitted in a resolution by one of the
representatives that you referred me too, but it did not get directly to the
committee.
Mayor Ferre: Well, Reverend Washington we must have a recommendation either
for or against by the administration before we deal with this.
Rev. Washington: Ok. Let me tell what's happening. We submitted the
resolution, but it did not get to the proper committee, but let me explain
what's happening, the urgency. Let me explain to you the urgency. We have..
Mayor Ferre: No, we know what the urgency is. The urgency is that you have
got mortgages that haven't been paid in a year and a half and they are about
to foreclose.
Rev. Washington: No, no, that's being take care of.
Mayor Ferre: Ok.
Rev. Washington: The County is going to take care of that.
The County is
going to renovate the building for sum three hundred thousand
dollars and take
'yg
care of the mortgage, but now we have a few liabilities. We
have been funded
by the SFETC for a hundred seventy-eight thousand dollars, but
we cannot touch
those funds until we take care of a few liabilities that we have and that's
why...
Mayor Ferre: Reverend Washington, with all due respects and
we all have much
respect for you. This must go through the administration.
Now, whenever the
administration concludes his deliberations then it can come
back to us. We
can't deal with this tonight.
Rev. Washington; Well, you see what's going to happen is...
what's happening
4 .
now is we can't get those other funds until we get some kind
of commitment...
Mayor Ferre; But we can't solve your problem tonight. It must go through the
administration.
Mr, Plummer; Let me ask you, Are you asking from as a loan which you will
Pay us back when you get the money from
slgl 180 September- 12, 1905
Rev: Washington: Nos V fti not asking that because even though we have a
hundred seventy-eight thousand dollars that would come in even though we are
going to get renovations, we need some ironies right now in order to take care
of the liabilities so that we can get the funding, That's where the problem
is .
Mayor >'erre: Mr. Managers when will staff have an answer for the Commission
on this?
Mr. Herb Bailey: Mr. Mayor and members of the Commission, I'm aware of what
Reverend Washington is talking about. I had just received in August...
Mr. Pereira: When will you have an answer? The 26th.
Mr. Bailey; The 26th. We will be prepared with an answer on the 26th. I
have the communication from OIC and I have just gotten it indicating the need
and the reason for the request. We will work on it and be back before this
Commission the next meeting on the 26th.
Mayor Ferre: On the 26th. Would you tell Reverend Washington the scheduled
time.
Mr. Bailey: The next Commission meeting on the 26th Reverend Washington and
in fact I will be in touch with you before then to discuss the details of this
memo and then we get...
Mayor Ferre: All right, thank you. We will see you here on the 26th Reverend
and thank you for our patience.
Rev. Washington: Ok. Thank you very much.
NOTE FOR THE RECORD: Agenda Items Nos. 81 and 84 were not considered since no
one showed up for presentation of these items before the City Commission.
88. CONFIRMING ORDERING RESOLUTION: ADVERTISE FOR BIDS FOR CONSTRUCTION OF
WEST LITTLE HAVANA HIGHWAY IMPROVEMENT PHASE I IN WEST LITTLE HAVANA-
DISTRICT H-4510.
Mayor Ferre: Well, then we are now on public hearing 6 P.M. which is the
construction of the West Little Havana Highway Improvement Phase I. Anybody
here on Item #85? Does anybody wish to speak for or against? The West Little
Havana Highway Improvement Phase I. Anybody here on Item #85. Does anybody w
to speak for or against the West Little Havana Highway Improvement Phase I
Improvement District H-4510. Seeing none, is there a motion?
Mr. Plummer: Let the record reflect no one came forth to speak, as such I
move it for approval.
Mr. Dawkins: Second.
Mayor Ferre: All right, it's been moved and seconded, further discussion,
call the roll on 85.
a141 181 September 12, 1985
The following resolution was introduced by Commissioner Plummer, who
Moved its adoption:
RESOLUTION NO, 85-949
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO, 85-581 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS
FOR THE CONSTRUCTION OF WEST LITTLE HAVANA HIGHWAY
IMPROVEMENT PHASE I IN WEST LITTLE HAVANA HIGHWAY
IMPROVEMENT DISTRICT=PHASE I, H-4510.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins,
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
the resolution was passed
89. DISCUSSION IN CONNECTION WITH WITHDRAWAL OF PRELIMINARY APPLICATION BY
APPLICANT ("COMMODORE BAY PROJECT").
Mayor Ferre: We are now on 86 which is Mr.... A lot of people that are here
on this Ken Treister, Howard Sharlin, Katcher thing as Commodore Bay and let's
make sure that... Is Hubert Parsons here and Mr. McCray and all the attorneys
and so on? All right, now as of this morning we received a letter early in
the morning requesting withdrawal. There seems to be some questions as to
what that means. It need to be clarified. So, why don't you tell us where we
are .
Mr. Sergi Rodriguez: We received a letter from Treister Sharlin and Katacher
saying that they are withdrawing their application for a major use permit and
for the other items that relate to 86, 87 and 88. At the end of the letter
they also say in the second paragraph that "Please be advised that it is the
undersigned intent to file a new application for rezoning on the subject
property within the immediate future". and that is the end of the letter. I
will like to include a letter for the record. I believe that the City Clerk
received a copy this morning. Ours is stamped at 8:15. I don't know Mr.
Mayor, if there is anybody representing Mr. Treister.
Mayor Ferre: All right, I'm sorry. Go ahead.
Mr. Rodriguez: Yes, basically, I don't know if there is anybody here
representing Mr. Treister tonight, but we have a letter that the City Clerk
also has a copy of dated September 11th and...
Mayor Ferre: What time was that received?
Mr. Rodgriguez: My office received it at 8:15 and the question is now whether
this... they can... I guess the question that have been asked from the Law
Department is whether the applicant can apply again for rezoning in the
immediate future.
Mayor Ferre: Madam City Attorney... Mr. McCray or Mr. Parsons or Mr. Rice, do.
any one of you attorneys want to a question or do you want me to ask it?
Mr. Hubert Parsons; Mr. Mayor, I would like to speak to that matter.
Mayor Ferre; Go right ahead.
Mr. Hubert Parsons; I believe the record will reflect that in February of
this year the applicant came to this City Commission and requested a waiver of
4141
182 September 12, 19155
the black out periods. Otherwise# disallowing the refiling of an application
for rezoning for one year following the turn down by the City Commission at
some point in December of 1984► f believe that was December 12th. Although,
the record would# of course# speak to the matter. In February the City
Commission granted a waiver of those black out periods. I would believe that
that waiver had been spent by the applications now withdraw. However, Mr.
Mayor# 1 would say that as I sure the Commission members know because of all
the lobbying that's gone on with him by both sides that there has been a
tremendous drain on the City administration and the analysis and public
hearings process: There has been a great drain place upon the various
boards= -=four of them that have heard this matter. The populace, the community
in general has spent an enormous amount of time speaking to the matter for the
second full-time of these applications. Property owners and developers and
applicants are entitled to their rights, but the community is entitle to some
rights, but the community is entitled to some rights too and the community is
entitled not to be abused by a continuing process which there seems to be a
withdrawal here for no stated reason virtually passed the eleventh hour.
Mayor Ferre: Well, the stated reason was my memorandum.
Mr. Parsons: Your Honor, your memorandum I know has been read by a lot of
people and I would have an idea that that and other things would have a lot to
do with it and the community appreciates the commitment that you earlier made,
etc.
Mayor Ferre: Well, I made my statement on the record and my statement, you
know, there seem to be a lot of confusion about it so I put it in writing and
evidently as I last night,... well, you know, I was called by Mr. Treister at
11 O'clock trying to get me to change my position on it and I told him I would
not and that was the end of it.
Mr. Parsons: And I'm sure also that the community very much appreciates the
consideration that's been given to the matter as well by Vice -Mayor Carollo,
<i
Commissioner Dawkins and as well Commissioner Plummer. I would suggest Mayor
{
and Commissioners, however, that the Community shouldn't be further abused. I
would suggest that the applicant ask for a second opportunity to come before
,,.
this Commission and this Commission in a generous and fair-minded spirit gave
j
the applicant a second opportunity. The applicant suggests in the last
sentence of the letter now on file that the applicant will be back on a
virtually immediate basis and I would like to suggest in behalf of the
community, although, I are only officially speak for myself that that is an
F
abuse of process and it's unfair to the community and that the community is
i
entitled to some rights. I would ask for that reason that this Commission
revoke the previous waiver of the black out periods that it granted in
February, if that would be it's will. Thank you.
z
Mr. David McCray: Thank you, Mr. Mayor and Mr. Commissioners, my name is
David McCray. My office address is 777 Brickell Avenue. My home address is
6755 Royal Palm Drive. We all were here last February when the Commission on
the grounds of injustice has asked...
Mayor Ferre: Mr. McCray, I don't mean to out you short, but are you going to
say something different from what the previous speaker said, because we need
to get on. We got a long agenda and got a lot of people waiting on other
'
items. We need to move along. Go right ahead.
Mr. McCray: All right, I understand Mr. Mayor and I will make it very brief I
<<
promise. Last February the Commission vote a waiver to permit these people to
go forward again. There are many people in the community who have been to
y'
five hearings this time, four hearings the last time, untold hours of the City
Planning Department's time has been taken up and devoted to a very in depth
study of this project. When the waiver was granted it was granted upon the
grounds of injustice and that some how there had been some unfairness the last
go around and that the developer was suffering tremendous economic hardship.
Well, if the economic hardship was so bad and if he had suffered such
injustice, why has he withdrawn the application now. Hasn't he waived his
tom#
rights to claim that he has suffered an injustice and that he is dying through
an economic hardship. Thank you.
Mayor Ferre: All right, Mr. Rice.
Mr. Jack Rice; I will make it very short.
sl.&gl 183 September 12, 1985
Mayor Ferret Good,
Mr, Ricet Under the Charter of the City of Miami, there is a process for
service and you must serve the Mayor, I don't know what time you received
your letter from Mr, Treister stating that they want to take this off the
agenda, Do you recall?
Mayor Ferret This morning.
Mr+ Rice! Well, under the Code then Mr, Treister has to wait eighteen months.
Let me just read it to you.
Mayor Ferret Madam City Attorney, do you concur with the former City
Attorney?
Ms, Dougherty! Mr. Mayor, I believe that the service upon the person who the
application was submitted to is sufficient and that was at 8:15 this morning
prior to either the hearing or the convening of the meeting or the convening
of the hearing.
Mayor Ferre: So, what does that mean?
Ms. Dougherty: That means that the withdrawal does not kick in either the
eighteen month or the twelve month time period or black out period.
Mayor Ferret It does not.
Ms. Dougherty: And he can reapply any time.
Mayor Ferre: Tomorrow?
Ms. Dougherty: Yes.
Mayor Ferre: He can reapply tomorrow? Ok.
Mr. Carollo: Now, when he reapplies he has got to go through the whole
process again, right.
Ms. Dougherty: Correct.
Mayor Ferre: He sure does.
Mr. Carollo: Zoning, Planning, the whole bit. Well, I got another
appointment that I got to make to the Zoning Board before he comes up.
Mr. Rice: Well, for the record let me just cite these sections. Sections
2310 of the Zoning Ordinance, Sections 3514.3 and 3514.4 and 3514.5.
Secondly, it's not Mr. Rodriguez the Planning Director that needs to be
served. Under the Charter it's the Mayor, because the Charter 10847 laws of
Florida 1925 in Section 4, says that the Mayor is the head of the City
for process and if he is going to withdraw it and this matter is coming before
the Commission he can't serve the Planning Director.
Mayor Ferre: Mr. Rice, just for the record, I was in my officer shortly after
8. I received a copy of this letter, I don't know whether it was the original
or whatever, signed by Mr. Treister at around 8:30 this morning.
Mr. Rice: Well, then I would further say and ask that you hold that there was
no hardship when you pass that injustice resolution...
Mayor Ferre: I didn't vote for it.
Mr. Rice; I know. But I mean the rest of the Commissioners, in order that
this matter be delayed eighteen months from the time and the date of that
resolution.
Mr. Carollo; Mr. Mayor, are you saying that you will now then vote for the
resolution that Mr. Rice is asking for?
Mayor Ferre; l don't know what he is asking for, but my position remains
ab@olutely the salve, i have not changed my position one degree,
sldgl 164 September 12, 1985
a
1
Mr. Rice. I'm asking you retroactively to revoke that hardship resolution in
order that Mr. Treister will have to wait eighteen months in order..► from
that date in order to file this new application. That will put him somewhere
in May or June of next year,
Mayor Ferre: Ok. Mr. Rice and I will open it up for discussion in a moment
after all the presentations are finished. Anybody else? Yes, real quick.
Ms. Linda Dan: Linda Dan, 803 Anestaga Avenue; Coral Cables. Thank you, for
letting me speak. Commissioners, I want you to know I must have made a
hundred thirty phone calls myself today trying to alert people not to come and
we set our whole telephone chain in order and I sent a Girl Scout Troop away
and a group from a elderly people home and I have tried to come to the
meetings at the right time and I have tried to tell everybody not to come, but
we weren't able to reach some people who heard about it from the newspaper or
friends and I would just like to thank them for coming or maybe you could say
something to them so that they know what's happening. Thank you.
Mayor Ferre: All right, Ms. Dan, thank you.
Mr. Carollo: Mr. Mayor, can I make a request of the Chair?
Mayor Ferre: Yes, sir.
90. DISCUSSION REGARDING PROPOSED EMERGENCY ORDINANCE AUTHORIZING ISSUANCE OF
$6,000,000 GENERAL OBLIGATION BONDS (for purpose of acquiring, for public
purpose, approximately 6.5 acres of land at 3471 Main Highway).
Mr. Carollo: Since we are dealing with this item, the items that have to do
with the six million dollar bond, if it is the intention of the Chair to take
that up tonight, can we take it up no?
Mayor Ferre: Sure.
Mr. Carollo: It's not my item Mr. Mayor.
Mayor Ferre: Which six million dollar bond?
Mr. Carollo: Well, the six million dollar bond items...101 I think it is and
102.
Mr. Plummer: Do we have a copy of the appraisal?
Mayor Ferre: Mr. Slack, I see you in the audience. Did you finish your
appraisal? We got... has it been made public?
£' Mr. Slack: I gave five copies of the appraisal to the Manager Officer this
afternoon.
Mr. Carollo: Six million seven six seven.
Mayor Ferre: Under what basis?
Mr. Slack: Do you know have a copy of the appraisal?
Mayor Ferre: No.
a_
Mr, Plummer; Look, you want me to read it in the record? "Gentlemen:
Pursuant to your request I have made a careful inspection of the property
located at 3471 Main Highway, Coconut Grove, City of Miami, Dade County,
}•
Florida, which is more particularly described else where in this report and
'
have made a study of the conditions affecting its value, I do not have any
r
present or prospective interest in this property. By reasons of my
'
investigation and by virtue of my experience I have found the opinion that
market value of said property under the proposed recommendation by the City of
F
Miami Planning Department PD-MU zoning as of September 12, 1985, was six
{
sl&gl 185 September 12, 1985
million seven hundred sixty seven thousand dollars, I have also formed the
opinion that the Market Value of said property as presently zoned R8-1 as of
September 12, 1985, was one million eight hundred eighty thousand dollars.
You attention is invited to the data and discussions following which in part
form the basis of this conclusion, Respectfully submitted, Theodore W, Slack,
MIA/SRPA
Mr, Carollo: Are you saying then and may be the administration can best
answer this that the present zoning is that R-1 zoning, Correct?
Mr. Plummer; RS-1,
Mr, Carollo: In other words what he is saying is if we changed the zoning,
then it would be worth approximately seven million, but that the real value of
the property now is about a million eight. That's about right I see. Sure.
Mayor Ferre: Let me.., Jack you were City Attorney when Judge Silver had a
piece of property in Kennedy Park, weren't you?
Mr, Rice: Yes,
Mayor Ferre: Did you defend the City of Miami or you were involved in that
process,
Mr. Rice: I was involved, but I wasn't involved in that lawsuit.
Mayor Ferre: Yes, well, we ended up going and getting outside counsel for
that, right?
Mr. Rice: I believe we did.
Mayor Ferre: All right, and we went up to the Circuit Court.
Mr. Rice: I know it went to the Circuit Court and believe it went up further.
Mayor Ferre: I think it went to the Supreme Court.
Mr. Rice: I believe it did.
Mayor Ferre: In the Supreme Court of the State of Florida, the City of Miami
said we need a park and it ended up being called Kennedy Park. This piece of
property is essential to it. We are going to take it. The Supreme Court of
Florida said fine, then you, City of Miami, rezone it to its highest and best
use. And the Supreme Court of Florida said the highest and best use was R-5A.
Mr. Rice: We got another Supreme Court and I'm not sure they said exactly
that Mr. Mayor and I'm not sure that in this particular property. We are not
taking the property right now...
Mayor Ferre: No, Jack, I'm not saying that this is the same, but what I am
saying, because I think we got to be care how we approach this so we don't get
into a game here of illusion of things, is that when we did that last time
fifteen or twenty years ago, the Supreme Court of the State of Florida told
this city that when we took the property to pay Judge Silver as if it were our
R-5A and that's what we ended up paying. Now, I'm not saying that this is
this or that this will happen this time.
Mr. Rice: This property is not R-5A.
Mayor Ferre; I'm not saying that it is and that one wasn't either.
Mr. Rice; And you know what R-5A is? That's completely residential,
Mayor Ferre: Brickell Avenue zoning,
Mr. Rice: And his appraisal would be substantially different.
Mayor Ferre; Jack, the issue is that the City of Miami hung in strong at R-1
in Judge Silver's property and the Supreme Court said no, no, that's not the
way it's done and ordered the City of Miami to change the zoning of that
property.
sla$!
186 September 12, 1985
Mr• Rice! Not to the highest and best use.
Mayor Ferret To R=5A which the Supreme...
Mr. Rice: Well, R=5A is not commercial. This property is commercial+
xs
Mayor Ferret That's not the point. The point is that the Supreme Court
{
fifteen years ago forced the City when we took the property to pay it in a
different zoning than we had. Now, the only thing that I'm trying to tell you
is that you know and I know and Mr. Slack knows and the people that have been
around here in zoning and in law know that what the City Commission says is
one thing and what the Circuit Court of the State of Florida says is another
thing.
Mr. Rice: Well, there is two things here. One is Mr. Slack hasn't addressed
the matter as to this property being strictly residential even if it is multi-
family. He has taken the position that it is RU-4M, or whatever it is that is
presently coming before the Commission for consideration that has been
withdrawn tonight. That is strictly commercial. That is a commercial use
that wasn't involved in that property down there at all.
Mayor Ferre: Would you defend the City of Miami in a lawsuit, then?
Mr. Rice: Well, let me ask you...
Mayor Ferre: If we ever end up in a lawsuit for 1.8 ...
Mr. Rice: I would be glad to defend the City of Miami anytime and I am here
trying to do it tonight! We have an appraisal here, which the City has
ordered, which, in my opinion, creates a very difficult situation.
Mr. Rice: You are supposed to get two appraisers. Let's get another one.
Mayor Ferre: We have another one. There is another one, and again, I am just
pointing that we need to be careful that we don't walk into a trap, because I
don't want to walk into a trap on this.
Mr. Rice: Well, Mr. Mayor, let me ...
Mr. Carollo: Gentlemen, I don't know why this is being made so complicated!
You know, sometimes I wonder what ever happened to the word "logic", the way
we go about things! This property and its present zoning has been appraised
at under $2,000,000. We haven't changed the zoning on that, therefore, if
this Commission does not change the zoning to a higher zoning, and does not
force into the courts, the owners to sell that property, then what is the
j
iY
problem with Supreme Court. Then they either have to build R-1, or they sell
it at a reasonable cost, if they want to. If not, they can sit on it, you
know, and grow banana trees - whatever they would like to. You know, I don't
_
see the ...
Mayor Ferre: That is wonderful logic, but that is not the way the law works,
see. It is nice to go on logic, but it is nicer to go on the law and the law
is not set by this Commission.
Mr. Carollo: Who just said that, Mr. Treister and Mr. Scharlin?
Mayor Ferre: No, it is set by the Supreme Court of the State of Florida, and
there is ample case, and it has nothing to do with what legislative bodies
like Commissions vote on. What they go on, is based on professional opinions.
Mr. Carollo: Yes, but, you are telling me, Mr. Mayor, that the law is forcing
us to give him the zoning that he wants?
Mayor Ferre: No, of course not!
Mr. Carollo; Okay, well then you, you know ...
ld 187
September 12, 1985
4 it
Mayor Verret I've got no problems with thati because I am Opposed to this and
I said I am opposed to it, and I am not changing my position,
Mr. Carollo: No one is forcing that man to sell his property. If he wants to
sell it; he can sell it, or if not, he can keep it and construct what he knew
that property was zoned for when he first got it. tow, if the majority of us,
after hearing him again, and seeing what changes he has, change our mind, it
is a different story, but as of now, that is zoned R-1.
Mayor Ferret Commissioner Carollo, you can change your position any time you
want, and that is fine. I have no problems with that, and go ahead and do
that! So, make your motion. I've got no problem with that+
Mr. Plummer: Can I ask a question?
Mayor Ferret I'm voting the same way I voted last time, and that is, I am
opposed to any extensions of any relinquishing of the 18 month period. The
man has to wait. and that is it!
Mr. Carollo: Then, Mr. Mayor, I will take gavel, if you are making a motion
on than I will take the gavel. Make your motion. Okay, let me get the gavel
from the Mayor and make it official. There is a motion. Am I correct, Mr.
Mayor?
Mayor Ferre: No, sir, you are not correct. I am still listening to anybody
who wishes to speak. At the right time, if nobody else wants to make the
motion, I will make the motion. I've no problem with that.
Mr. Carollo: All right, Mr. Mayor, I will give you back the gavel, then.
Mayor Ferre: Well, on the record, I will make the motions later on. No
problem with that!
Mr. Plummer: I wish you two guys would quit playing with that gavel. I'm
getting nervous! Knowing Joe, it will be a 38 caliber gavel! Mr. Slack, a
question to you, sir.
Mayor Ferre: A magnum, please!
Mr. Plummer: Why did you make an appraisal for other than what the property
is presently zoned? Were you instructed to do that? I am seriously
questioning how you could come about, or why didn't you chose some other
zoning?
Mr. Slack: Mr. Plummer, are you advised of the recommendation of the Planning
Board?
Mr. Plummer: Yes, sir, we have that here.
Mr. Slack: That is 130 units instead of the original 197, or the 150 that Mr.
Treister submitted second. There have been three suggestions. Now, I was
employed by the City to appraise the property - period was my letter. So, I
said "How do you want to have it appraised, because I understand that there is
a change in zoning ordered ... not ordered, but requested", and I looked into
the history of the matter and found that the zoning change had been denied in
December of 1984• I was instructed that a new recommendation, not made by Mr.
Treister, but made by the Planning Board, the Advisory Board here, has
recommended that the 120 units proposal was proper and that they would
recommend it to the City Commission, and I was asked to appraise the property
both ways.
Mr. Plummer; You were ... who asked you to do that?
Mr. Slack; Which I had done.
Mr. Plummer: Who instructed you to do that, sir?
Mr. Slack; The ...
Mr. Plummer; Because that was not the policy of the Commission. My
understanding of Policy of this Commission was ... and I didn't know at the
time that you were the one chosen ,., they were to go out and get two
si&gl 188 $eptember 12, 1985
V It
appraisals and there were two criteria. One criteria was based on value of
that day) not next year) and on the zoning presently existing on the property.
Now, I want to know .., and t am not blaming you) sir, you were so instructed,
then you know) you were so instructed) but I want to know who gave you those
instructions. Were those instructions in writing? And if so, may I see a
copy of them? ... because someone has not followed the policy of this
Commission.
Mr, Slack: Mr. Plummer) the letter authorizing me and requesting me, made no
specifications as to how it was to be appraised) so that 1, knowing that there
had been all of this previous changes and recommendations and efforts to
change zoning, I was requested to ... 10 myself, called ... I called Mr.
Terre. I called Mr. Rodriguez and I talked to Mr. Luft and I found that the
recommendations by the Planning Board was to change the zoning to suit the
130. I found this by my own and sat in the office there and I had been round
and round on this to find out, and finally, I was instructed to appraise it
both ways, which I have done.
Mr. Plummer: By who, sir? I am asking you again, who instructed you to do it
both ways? ... because that was not the policy of this Commission, and I think
whoever instructed you to do that has possibly cost this City $5,000,000 and I
would like to know who the responsible party is.
Mr. Sergio Rodriguez: If I ...
Mrs. Dougherty: It could be me.
Mr. Plummer: What?
Mrs. Dougherty: It could be me.
Mr. Plummer: Well, if it is you, then ... we'll redo your budget this year!
Mr. Rodriguez: If I can clarify something for the record. Mr. Slack told me
and I tried to find out ...
Mr. Plummer: Well, excuse me, Sergio, I thank you, but I am still waiting for
an answer from Mr. Slack, and I will ask it again, very simply. Who ...
Mayor Ferre: I think Sergio was about to give you an answer.
Mr. Plummer: No, I can accept the answer from Mr. Slack. He is an honest
man, and I am sure he is going to tell me truthfully. Who instructed you to
do the appraisal both ways?
Mr. Slack: I understood that I was to do it both ways from Mr. Luft and also
from Sergio.
Mr. Plummer: Mr. Pereira?
Mr. Pereira: Me?
Mr. Plummer: Sergio - oh, this Sergio, the other, the black cat
Sergio. Mr. Sergio, and Mr. Luft, did you instruct him to do it that way?
Mr. Rodriguez: Let me try to clarify something for the record.
Mr. Plummer; You can answer my question very simply with a "yes" or to
Mr. Rodriguez: He asked me how ...
Mr. Plummer; I want a "yes" or "no" answer, then if you want to explain.
Mr. Rodriguez: For the record, Sergio Rodriguez. From the question that he
asked me on how to evaluate, to appraise the site ... let me please, let me
try to finish to clarify. He was making an appraisal, and I told him to make
the appraisal based on the zoning that was existing on the property.
Mr. Plummer; Exactly the policy of the Commission.
ld 189 September 12, 1985
Mr, Rodriguez: Let me finish ,, let me finish, and then when he asked tee
"How should I make the other appraisal +66"
Mr. Plummer: What other appraisal?
Mr. Rodriguez: A second appraisal on the property. I said that at this point
... let me finish, the only thing that was an understanding from the
Administration was a recommendation from the Administration that the plans
should be approved for a certain size.
Mr. Plummer: And that will be done in due time, but the policy of this
Commission was to establish a figure for the bonds, stow, am I, after this
discussion, Sergio, to understand that you did give him the instructions to do
it both ways.
Mr. Rodriguez: I responded to the question on having to appraiseit. From the
second one I said "Do it based on the Administration, not on the request from
Mr. Treister, yes. But, my understanding, for the record, is that he was
asked to do two appraisals.
Mr. Plummer: Who was?
Mr. Rodriguez: Mr. Slack, and on the question whether he should do ... on
what basis he should do the second appraisal, I said "Definitely on the
Administration recommendation, not on Mr. Treister's request".
Mr. Plummer: Are you saying then, that you did not order the second
appraisal?
Mr. Rodriguez: No, sir. I question.
Mr. Plummer: Who ordered the second appraisal? Luft, did you?
Mr. Jack Luft: Just since my name came up - Mr. Slack called me and said he
was concerned about appraising it in the context of the current proposal. All
I said was that he could not, in my opinion, appraise it on the basis of what
the developer is asking, only upon what the Department is proposing. I was
not asked if he should do the appraisal.
Mayor Ferre: How else would you appraise a piece of property, J. L.? And I
think Lucia is getting a little bit nervous over there because get into
lawsuits.....
Mr. Plummer: I understand what you are saying and I understand what Lucia
is saying. My concern is, that obviously no one understood what this
Commission said!
Mr. Dawkins: I think they understood.
Mr. Plummer: This Commission said to appraise it as of the day ... the value
of the day of the appraisal and what it presently was zoned for - no more, and
no less!
Mr. Dawkins: J. L., and the two appraisals meant get up an appraisal from two
different persons.
Mr. Plummer; That is right.
Mr. Dawkins: It did not mean have this Gentlemen do two appraisals.
Mr. Plummer: That is right!
Mayor Ferre; So they have two appraisals. No, wait a minute! Out of
fairness to these people, they do have two appraisals.
Mr. Plummer; Not the way I understand it.
Mrs. Dougherty; Yes, they do.
Mr. Plummer; Where is it?
Id 190 September 120 1905
7
Mayor Ferre: Yes) there is a second appraisal that has been ordered, Of
course it has,
r.
Mr. Rosencrantz: it is not in yeti* It
is not ready,
Mayor Verret Who is the appraiser? Who
is the second appraiser?
•
Mr. Rosencrantz: I don't know) but it is not ready yet,
Mrs. Dougherty: Quinlin) I think.
{
!`
Mayor Verret Who?
Mrs, Dougherty: Quinlin.
Mr. Dawkins: It is not ready because
it has been ordered just now a few
minutes ago.
Mayor Ferret Oh, was it ordered
just now, a few minutes ago, like
'1
Commissioner Dawkins says?
Mrs. Dougherty: No.
Mr. Pereira: No.
Mayor Ferre: When was it ordered? For
the record.
i
1 Mr. Plummer: It should have been ordered ...
4
i
Mayor Ferre: A week ago? A month ago?
Mrs. Dougherty: At the same time.
e Mayor Ferre: At the same time as Mr. Slack's? Who was it ordered from? Does
anybody know?
' Mr. Rosencrantz: It was ordered by Property and Lease Management of the City.
Mayor Ferre: Does anybody know the name of the person it was ordered from?
Mr. Rosencrantz: Mr. Armada.
Mayor Ferre: Who?
Mr. Rosencrantz: Armada.
Mayor Ferre: Armada, is he here?
Mr. Rosencrantz: No, he is not, sir.
Mr. Carollo: He is the one that ordered it?
Mr. Carollo: He sounds like a boxer.
Mayor Ferre: Now, he ordered two appraisals, is that correct?
Mr. Rosencrantz: He ordered appraisals from two different individuals.
Mr. Plummer: So far, we have two appraisals from one appraiser.
Mr. Rosencrantz: I think what you said is correct.
Mayor Ferre: Now, Mr. Slack, is there any precedent in the past, in your
experience in appraising You have been doing this for forty or fifty years in
this town, that I can remember. Now, as I understand it, is there precedent
for this? Have you ever appraised property like this before?
Mr. Slack: Appraised a property like this, or
id 191 September 12, 1905
Mayor Ferret Noo nor Have you every appraised a property where you say that
the value of this property of this property, based on the current zoning is
such, and if it is rezoned for something else, it is such.
Mr. Slack: Oh yes, many times.
Mayor Ferret Have you done it for government before?
Mr. Slack: Yes, quite frequently.
Mayor Ferret Have you done it for the City of Miami or for Metropolitan Bade
County?
Mr, Slack., Yes, I am quite sure I have done it for it is done all the
time.
Mayor Ferret Is that standard operating procedure, Mr. Slack?
Mr. Slackt It is standard procedure.
Mayor Ferret Madam Clerk, I would like for you, tomorrow or Monday, to look
at the record, and you send back to me and to this Commission the exact
wording, because it is nice to you, you know, bandy around and knock people
and all that kind of stuff, but my memory, I do not recall, that this
Commission, when it asked for an appraisal, specified as clearly as
Commissioner Plummer is stating tonight, what kind of appraisal it was. We
asked for an appraisal, and you did what is the standard operating process in
your industry, in the City of Miami, with the City, with Metro, and with other
governments, and I don't, I don't frankly think that you, Mr. Luft, Mr.
Rodriguez, Mr. Armada or anybody else should be castigated.
Mr. Carollo: Mr. Mayor, I agree with you. I think that what you stated is
accurate, and frankly, I don't mind if we have two different figures, one
based on the present zoning, and one based on a zoning that is a big "if"! I
think this way we see the real difference if we rezone this property to what
he wants, just right out of the bat, how much he will be making, just land
value alone. You know, it is accurate to me, that if we want to buy that
land, then we can't afford to rezone it now.
Mayor Ferret The fact is that the City of Miami Planning Board, Zoning Board,
Heritage Conservation Board, have all turned this project down, you know, for
the record. What else is there to talk about tonight?
Mr. Rice: Mr. Mayor, I might add ...
Mayor Ferret Jack, if you would, if you want to put it on the record, go
right ahead.
Mr. Carollo: Mr. Mayor, can I make one additional statement before Mr. Rice
speaks - just real briefly. For the record, whichever way I end up voting on
this, and if this comes up ever again at another time or if we take it up
tonight to make them come back in eighteen months, if the Mayor makes the
motion that he says that he is going to make, the way I would be voting would
be at merits of the question, not based upon whether we are considering buying
this piece of land or not. I think it is obvious that you know, it is up to
the owner to sell if he wants to or not, so I don't want any statements that
have been made here to be used against us in court later on.
Mr. Rice: I just want to say that during my tenure in the City Attorney's
office, to my knowledge, and I've got a good memory, we get the lowest
appraisal, predicated upon the existing zoning. The other side comes in the
highest and best use, not the City of Miami., and we would probably get Saul
Bennett, I don't know if Saul is still around.
Mr. Slack: I can tell you Saul is still around. He is 20 years younger than I
am.
Mayor Ferre; All right. All right, Mr. Slack. All right, we are now ready
for a motion with regards to the request of various attorneys that have made
their position known.
id 192 September 12, 1985
Mr. Carollo! Are we going to take up the $60000,000 questioho Mr. Mayor?
Mayor Ferre: Well, I don't ... I think that is a moot point now, isn't it?
Why are we going to take it up for?
Mr. Carollo: Well, if you want to let it die, we will let it die.
Mayor Terre: Weli, how can we, in good conscience, put on the ballot in
November, a $6,000,000 bond, when in effect, we have an appraisal that says
that the property as is is worth $1,800,000? What are we going to be passing
$6,000,000 for?
Mr. Carollo: Mr. Mayor, that is what I thought, you know, I didn't put it in
the agenda. I'm not in favor of it.
Mayor Ferre: It seems that the whole thing is moot.
Mr. Carollo= I mean, if we are going to be ...
Mayor Ferre: A maximum of $6,000,000?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Carollo: Well, that is what he said, Janet, to a maximum of $6,0000000 -
of not exceeding $6,000,000.
Mayor Ferre: But, Janet, how in good conscience can we put on the ballot a
$6,000,000 bond issue when we have an appraisal that says the property is
worth $1,800,000?
Mr. Carollo: Well, Mr. Mayor, what I see is this - the appraisers found they
paid for that property, as I understood, somewhere in the neighborhood of
$3,000,000, maybe less.
Mayor Ferre: That is correct.
-!
Mr. Carollo: Let's say they spent $500,000, but let's give them the benefit
of the doubt - let's be real liberal and say they went all out and gave a big
party and some dinners, the whole bit, promoting this and spent $1,000,000, so
you are up to $4,000,000. How can we justify the additional $2,000,000? We
;K
can't! And I am talking based on what they spent, not necessarily the
appraisal. Based on what they spent, the most they might have in that
r
property is $4,000,000.
Mayor Ferre: What they spent is not what we can go on, because, you see, they
can argue that they have also spent, that money cost money, and that they put
up $3,000,000, they paid, in the last couple of years over $500,000 in
interest, but that is not our problem. We can't deal with that. We can only
f
deal on value of property as is.
Mr. Carollo: And I am sure they haven't used that interest as tax: write-off
k.:.x
either, right?
r
t
Mayor Ferre: But, that is not our problem whether they have or they haven't!
"
The point is that we had an appraisal made and the appraisal came in at
$1,800,000. That is where it is at. There is no way, we can based on that,
><
put this on the ballot. For what?
Mr. Carollo: Items 101 and 102 then are moot, Mr. Mayor.
Mayor Ferre: Obviously, and furthermore, with the experience that we have
recently had on bond issues for parks, the odds of it passing are slight. I
think that was based on a completely different criteria when we discussed this
two months ago. That has all gone by the wayside. I don't see that 101 and
102, unless somebody wants to offer it. I certainly don't have any intentions
of voting for it.
id 193 September 12, 1985
Mr. Carollo'. Is Treister a member of non -group, by any chance? I just
wondered, because the herald had an editorial endorsing all of this# including
the $6 j000,000.
Mr. Plummer: Let me ask a question for the record] Mr. Mayor. You know,
anything is negotiable between two parties. Would we be smart to consider,
and I am only really thinking more of the time frame than anything, that we
put the issue on not to exceed $3,000,000.
Mayor Ferre: It is not going to pass.
Mr. Plummer: Well, it might not, but who knows?
Mr. Dawkins: You know, let me say something, please,
Mr. Plummer: I don't care. It is up to you all.
Mr. Dawkins: Let me say something. We have got an appraisal that is let's
say, $2,000,000, and as Joe has said, no one is forcing this gentlemen to take
our $2,000,000 for his property. Now, the State of Florida has made "X"
dollars available and the concerned citizens, same as we decided to raise
money to move the library and save the library - there is no reason why we
can't raise the rest of the money as public service and citizens and whatever
the State gives, and whatever we raise, I think that will be $2,000,000 that
we could pay for that land, and have it as a park, rather than going to
$6,000,000 worth of bonds with a debt service on it, pushing our taxes up. I
mean, I would think that would be the way to go, Mr. Mayor.
Mayor Ferre: To do what?
Mr. Dawkins: Just like we gave everybody over there all that time to raise
money to save the library, or tear it down, or to build that park, and they
never came up with how much money were they supposed to come up with, J.
L.?
Mr. Plummer: $21,000,000.
Mr. Dawkins: How much of it did they come up with?
Mr. Plummer: $21,000.
Mr. Dawkins: Okay, so we never said anything about that, and we run around
here now trying to help them raise money to build a park, and that is down
there, so why can't we do the same thing out here in Coconut Grove? We find
the property has been valued at $2,000,000. The State is going to give ...
what did the State say they would make available, Mrs. Hancock?
Mrs. Hancock: Whatever they can.
Mr. Dawkins: No, no, well, whatever it is, we can raise it. Well, let's say
they go to $800,000, so we can get on a drive around here ourselves and come
up with the rest of it ... I mean, easier than we can getting a bond issue.
We sit up here talking about a bond issue, we are just whistling "Dixie", so I
would say that the way to go would be, get with the State. Let's see, Claude
Pepper got his fountain in that Park. Let's get Dante Fascell to donate and
we put a fountain in this one for Dante Fascell!
Mr. Plummer: He's got a park!
Mr. Dawkins: And we can get the money like that.
Mayor Ferre: Well, what is the will of this Commission?
Mr. Plummer: We name is Hancock Park and make Peggy in charge of raising the
money.
Mr. Dawkins; After we get through these sign boards her husband will donate
the money!
Mr. Plummer; Boy, are you bad!
Id 194 September 12, 1955
Mayor Ferre: What is the will of this Commission one way or the other? You
have heard the request. Anybody ...
Mr. Plummer: Which item are we speaking to?
Mayor Ferret The only item that there is pending here is a request by three
attorneys, and that is that we rescind the previous motion. Now, I will ask
if anybody wishes to do that, If not ... am I legally entitled to do it?
Mrs. Dougherty: Mr. Mayor, there is no provision in the law for rescinding
that kind of motion. You had a legislative action based on facts and evidence
that was presented to you, that there was a hardship. They have relied on
that. They did not appeal, like they could have. The submitted a new
application. Now, the law provides that when they have submitted a new
application and they withdraw prior to the hearing, that they have a right to
come back.
Mayor Ferre: So we have no right to do anything now.
Mrs. Dougherty: I don't think it provides a method for you to do that.
Mayor Ferre: All right, anything else before this Commission?
Mr. Carollo: But, they have to go through the whole route again?
Mrs. Dougherty: The whole thing again.
Mr. Plummer: Oh yes.
Mr. Carollo: Planning and zoning?
Ms. Dougherty: Absolutely.
Mr. Dawkins: I need your help because I will be voting against him when it
comes up.
Mr. Carollo: What is the earliest that this ...
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: Go ahead.
Mrs. Ruth Belser: My name is Ruth Belser. I live at 1820 S. W. 32nd Avenue,
Miami, Florida. All of these things that I have observed, there seems to be a
lack of facts. And it is simple ...anything that you do at school, at a job,
anywhere - if you want to know an attorney, anyone - a medical doctor, she
says she doesn't know - people are not sure of their facts. If you are not
sure, how can you reasonably, or 100%, you know, vote on anything, if
somethings are facts, such as the law is written down, can we ...?
Mayor Ferre: She just gave us an opinion. You just heard her.
Mrs. Belser: Right, but she said "I think", which is not "I know", or "It is
written according to this law, ordinance, etcetera". Can it be found ...
Mayor Ferre: Ms. Dougherty.
Mrs. Belser: This is an important issue. As I am, you know, just observing
this, so that was ...
Mayor Ferre: I think that is a valid point. Mrs. Dougherty ...
Mrs. Belser; That is all I ask. If it is already known, then fine. Thank
YOU*
Mayor Ferre; ..* would you please memorialize your opinion in writing?
Mrs. Dougherty; Yes, sir, Mr. Mayor.
id 195 September 12, 1985
(INAUDIBLE BACKGROUND COMMENTS)
' Mayor Ferre! There is no voter Ma'am, There is no vote on it, All right,
4 thank you very much fox' your attendance this evening on this item.
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r r
91, STATE IN PUBLIC RECORD LOUIS FARRAKHAN'S VISIT MOST UNWELCOME; MESSAGES
OF RATED AND RACISM ARE REPUGNANT TO CITY,
5
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Mr, Carollo: If I could bring a quick item up. It is my understanding that
Louis Farrahkan is going to be coming to speak in the City of Miami and he is
going to be speaking in City property - Gusman Hall. Now
Mayor Ferre: Where does this come from?
Mr. Carollo: It is supposed to be September 28th. It is a group called the
New Earth Enterprise that booked Gusman in July for a lecture called Power - A
Lecture with Song and it has just recently been learned that Mr. Farrahkan is
going to be the speaker. Now, if you recall, this Commission made a motion
sometime ago when he came to speak in County property, that we were against
anyone with the racist background and intentions that this man has to come and
lease City property so that he can spread his hate, and particularly, and
i individual who is being financed by the terrorist government of Khadafy in
Libya. Mr. Mayor, I want the City of Miami to enforce that resolution in that
this Commission made and prevent an individual such as this, that is only
going to come to divide this community, to be able to use City property. We
are not trying to prevent him from speaking. If he wants to spread his hate,
he can get soap box and go somewhere else, but we don't have to lease our
City's property to him.
Mayor Ferre: Mr. Carlton, is this so? Would you enlighten us on the facts of
this?
Mr. Roger Carlton: Mr. Mayor and members of the Commission, let me say that I
found out that this is going to occur at 4:00 o'clock this afternoon.
Mayor Ferre: At 4:00 o'clock this afternoon?
Mr. Plummer: Roger did it again!
Mr. Carlton: I have been in touch with a number of people to try to figure
out what is the right thing to do. Commissioner ... and I've talked to
members of my Board. Mr. Calvin, who runs Gusman, was not in town at the time
of the original Farrahkan thing. Nor ...
Mayor Ferre: Well, where is Mr. Slack? Mr. Slack? Did you have anything to
do with this? Now, Mr. Slack is a founding member of the Republican Party of
Dade County.
Mr. Carlton: Nor, Commissioners, did we know, when this contract was signed
with the group named New Earth Enterprise ...
Mayor Ferre: New Earth Enterprise?
Mr. Carlton: ... which has played Gusman before and had been orderly and fine,
that this was their intended speaker. I understand and share with you your
hatred for people who preach racism, and who are racists, which this man is,
and I am going to cancel this performance. I would like the opportunity,
tomorrow, to meet with the promoters to try to work out something that is
amicable and the Off. -Street Parking Board, in their next meeting, will now
create a policy so that we know who these people are before we sign a
contract, and if you will give me that opportunity tomorrow, I will report
back to you by tomorrow afternoon.
Mayor Ferre; We have a meeting on the 17th. When is this event?
Id 196 September 12, 1985
Milo Carollo: The 28th.
' l
Mayor Ferre: Lucia, are we going to get into legal problems?
Mr. Plummer: I thought ..: didn't you tell me you were renovating (busman
Hall?
Mr. Carlton: We hope to do that after the bids come in.
i
Mr. Plummer: Well, 1 thought the bids were coming in on the 17th?
I
Mr. Carlton: Oh, no, sir, we just had the...Iit will be months for that yet.
It will be months for that yet.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO PUBLIC RECORD.
Mr. Carlton: Sir, I am very sympathetic with what you are saying. I would
like to find a way to settle this amicably and report back to you.
Mr. Carollo: Mr. Mayor, racists come in more colors than just white! This
individual has gone on radio, on public speeches, time and time again,
condemning, spreading some of the most vicious hate, and particularly against
people of the Jewish faith and Israel, than anyone since Hitler. This is an
individual that is going around spreading hate in such a way that he is coming
out opening, promoting armed violence in a country - an individual that has
met on scores of occasions with one of the worst terrorists in the world,
Khadafy and he has met with Khadafy at times that our government has confirmed
that some of the biggest terrorists in the world were meeting with Khadafy,
planning hijackings such as the ones we have seen!
Mayor Ferre: Carollo, Calm down! We are in agreement. This Commission has
!
gone on record on that. Now, unless somebody wants to change the position of
this Commission, that is the end of it. Now, you will report back to us and
we have a meeting on the 17th and we can take it up at that time.
y
Mr. Carlton: I must relay to you the advice of our counsel, and tell you that
there is the potential for liability to the organization, the City, Off -Street
Parking, and for us collectively and individually in this matter. That is why
I am seeking your authorization to try to settle this water amicably, but my
,$
goal is to cancel this and not have it occur, Commissioners.
Mr. Carollo: Mr. Mayor, let me make a motion right now. My motion states ...
and you can take this to your Board and to your counsel, that this City
r'
Commission is going on record stating that we find the hate messages and visit
to Miami for the purpose of spreading additional hate and racism of Mr.
M r
Farrahkan unwelcome and repugnant to the City of Miami.
Mayor Ferre: Is there a second to that motion which we had all unanimously
voted upon? This a repetition of the same motion. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Commissioner Plummer. Is there further discussion?
Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 85-950
A MOTION RESTATING INTO THE PUBLIC RECORD THAT THE
CITY OF MIAMI FINDS LOUIS FARRAHKAN'S VISIT TO MIAMI
MOST UNWELCOME; FURTHER STATING THAT MESSAGES OF
HATRED, ANTISEMITISM AND RACISM FROM HIM AND FROM
SIMILAR INDIVIDUUALS OR GROUPS, ARE REPUGNANT TO THIS
CITY.
Upon being seconded by Commissioner Plummer, the motion was Passed and
adopted by the following vote -
Id 197 September 12, M5
AYES-. Commissioner Demetrio Reretj it,
Commissioner Biller J. Dawkins
Commissioner J. t, Plummer, Jr,
'ice -Mayor Joe Carollo
Mayor Maurice A. Terre
NOES! None,
ABSENT-. None.
ON ROLL CALL-. I vote "yes" and this is repetition of the exact same motion
we voted upon.
Mr. Carollo: No, it is differeatt Mr. Mayor.
Mayor Terre-. Absolutely the same and I want to tell you, so that you
understand, Lucia, so you don't panic on this - the motion was very carefully
worded. It was property worded. It did not, I don't think, imply any legal
• . .
Mrs. Dougherty: There is nothing ... absolutely! I understand.
Mayor Ferre: oes that is right. Okay.
92.(A) SECOND READING ORDINANCE FOR REGULATION OF SIGN STRUCTURES PASSED BY
CITY COMMISSION, BUT RESCINDED IN SUBSEQUENT MOTION FOR INCORPORATION OF
AMENDMENT.
92.(B) SECOND READING ORDINANCE: AMEND SEC. 2026 OF 9500 - (Signs, Specific
Limitations and Requirements"); etc. - LIMIT ALLOWABLE NUMBER OF NEW SIGN
STRUCTURES; ALLOW PERMIT REVOCATION UNDER CERTAIN CONDITIONS; ETC.
Mr. Richard Whipple: Mr. Mayor, Agenda Item 89 is the second reading of the
amendments to the sign ordinance, which you requested be initiated and brought
forward to you. We have don that. You passed it on first reading the
previous meeting.
Mr. Plummer: This is Item what ...89? I move it.
Mayor Ferre: Item 89?
Mr. Dawkins: Second.
Mayor Ferre: Item 89 has been moved and seconded. Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 2026 ENTITLED "SIGNS, SPECIFIC
LIMITATIONS, AND REQUIREMENTS" BY: PLACING
RESTRICTIONS ON OUTDOOR ADVERTISING SIGNS LOCATED
WITHIN 600 FEET OF LIMITED ACCESS HIGHWAYS AND
EXPRESSWAYS; RESTRICTING THE NUMBER OF SUCH SIGNS
WHICH MAY FACE SAID HIGHWAYS AND EXPRESSWAYS TO 10 IN
NUMBER, PROVIDED THEY ARE LOCATED WITHIN 200 FEET OF
THE RIGHT-OF-WAY OF SAID HIGHWAYS AND WEST OF
INTERSTATE 95; PROVIDING FOR LANDSCAPING AND PERMIT
REVOCATIOW; AND ESTABLISHING PRIORITY OF APPLICATIONS
FOR PUBLIC HEARINGS; 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 -
id 198 September 12, 1955
P
AYES: Commissioner Petttrio Petet, Jr.
Commissioner Miller 3, Dawkins
Commissioner J. L. Plummer � Jt',
Vice -Mayor Joe Carollo*
NOES: Mayor Maurice A. Ferre
ABSENT: None.
'NOTE: Although absent at roll call, Vice -Mayor Carollo later requested of
the Clerk to be shown as voting with the motion.
THE ORDINANCE WAS DESIGNATED ORDINANCE _NO. 10037:
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.
NOTE FOR THE RECORD: THE HEREINABOVE ORDINANCE WAS LATER RESCINDED BY MOTION
NO. M-85-951•
Mr. Plummer: All right, let's get on the record, George, you know, because I
was so damn certain, and now I am finding out that that which I was so certain
of was not encompassed in the original motion. It is encompassed in the
amendment, which we just passed. And that question that I have, and on the
record, and I am not trying to create you any problems. It was my
understanding that this Commission, at the time we approved the site, or
disapproved the site, would have a landscaping plan, would have all of that,
the lighting, and all of that would be presented to this Commission on an
individual basis.
Mr. George Knox; Commissioner Plummer, it is my understanding that that
information had provided in all ...
Mr. Plummer: Oh, okay, well then, may I see it? I don't have it. Would you
pass it to us on an as item basis?
Mr. Richard Whipple: Commissioner Plummer, if I may give the Administration's
position - let me do it in a general form, because the hour is late. There
are ten applications before you tonight to permit billboards along the
Interstate 95. If you will look at the map, whereas we move along, you will
note, there are dual, or triple applications in a particular area, and
naturally, only one sign in such an area can be approved, because the other
ones would be within proximity, or within 1,500 feet of the others. In
general, the Planning Department evaluated all ten and they recommended two -
Number 6 (let me give you the right numbers as far as the agenda goes) Number
95, and Number 99. The Zoning Board, on the other hand, recommended approval
of eight, and denial of only two. 96 and 98 were the denials by the Zoning
Board. So, with that general statement, as to the overall picture, we can, if
you like, move on into the individual applications, the first one being ...
Mr. Plummer: Wait a minute, what are you saying? Are you saying that based
on the distance requirement, that only two can be approved?
Mr. Whipple: Yes, sir. Teresita, would you point out one of the multiple
locations?
Mr. Plummer: I don't understand that!
Mr. Whipple: Up here in the corner, you will see three colored spots. They
represent three applications before you this evening. Now, only one of those
three, because of their close proximity to one another can be approved in that
cluster. It also occurs in other areas where there are two signs. Only one
can be approved.
Mr. Plummer; How can the Zoning Board approve .., I am assuming by them
approving 6 and denying 2 ...
d 199 September 12, 1985
Mr: Whipple: The presumption was) that this C6mMisaien had the final
decisioni) and therefore processed all applications and made recommendations on
each of the signs) leaving the final decisions as the ordinance reads) to the
City Commission, 1 was just advising you; going in) as to what had to be
done) and what might result) as we move along.
Mr. Plummet: Let me understand from you) if what I am understanding you to
say, those three red dots up there in that corner marked 9) 10, and I can't
see what the other one is
Mr. Whipple: 7.
Mr. Plummer: 7, 91 and 10 - are you saying to us, that this Commission, by
law, can only approve one of the three?
Mr. Whipple: Yes, air. That is our opinion, because, the reason is, there
has to be a spacing of 1,500 feet between signs.
Mr. Plummer: I understand the distance requirement. Madam City Attorney, is
that your understanding?
Mrs. Dougherty: Yes, sir, Mr. Commissioner. As soon as you approve any one
of those signs in that cluster, that would automatically assume that you are
not going to be able to approve the other ones.
Mayor Ferre: All right, Counselor, give us your wisdom.
Mr. Knox: May I just respond, if you please? Of course, we differ with the
depiction of the circumstances that has been presented by the staff. Our
information is that there is in fact, one location, and that one location has
to do with what you have as Item 95, and 97, where there have been two
applications within 1,500 feet of each other. We differ with the staff
concerning the location that it is pointing to, because the reading of the
ordinance indicates that what is being considered is which way the sign faces.
They took locations. One signs faces one of the Hancock applications, in fact
faces 836, and does not face 1835, and they are coupling that with other signs
on the other application, which faces I-95, so we are talking about the
direction in which the signs face in terms of the application of the distance
requirements and I think that is the intent of the ordinance so that you don't
you have signs, one of them upon the other, which face the same highway.
Mrs. Dougherty: So, are those existing signs?
Mayor Ferre: Well, howdy, doodee!
Mr. Knox: We believe ...
Mayor Ferre: Now, what are we doing to do about this dilemma that you brought
up? Mr. Planning Director?
Mr. Knox: If we could indicate also, Mr. Mayor and members of the Commission,
that they are requesting of the location that is being talked about was
discussed at the Zoning Board and the Zoning Board was cognizant of this
circumstance at the time they made their recommendation.
Mr. Plummer: What I am understanding, Mr. Whipple, from what I am looking at
that chart, we are talking about the maximum that could be approved tonight
under the interpretation of the City Attorney, is five.
Mayor Ferre: Is five.
Mr. Plummer: What do you mean, no?
Mr. Whipple: Approximately, depending upon where you start ...
Mr. Al Cardenas: If I may ... right. The way that I read this, you can make
decision on Items 1 thru 5. You can make a decision of either 6 or 8. That
gets you to 6 permits, and if your staff recommendation is correct, and you
pick from either 7, 9, or 10, you can select seven sites this evening.
14 200 September 12, 1985
144A
44
Mayor Ferret We can select as many as 7, is that what you are Saying?
Mr, Cardenas: That is if you agree with your staff's position:
Mayor Ferret. How many applicants are there anyway - 10?
Mr, Hancock! Yes,
Mayor Ferre: So in other words, there are 10 applicants and you saying we get
to approve 7?
Mr, Eugene Hancock: Let me say something, Two of these signs face 836,
Mayor Ferret Mr, Hancock; your name for the record,
Mr, Hancock: Eugene A, Hancock, 3856 Douglas Road,
Mayor Ferret Okay, go ahead. Mr, Hancock, The other signs face I-95, so the
I-95 is not in conflict on the 1,500 feet with the one on 836. The two signs
that are in conflict, the two ...
Mr. Plummer: I understand what he is saying.
Mayor Ferre: So, 7 and 9, for the record, are in conflict. You are saying
that the others are not in conflict.
Mr. Hancock: Correct, they are not.
Mr. Carollo: In other words, Number 10 - I understand now, what he is saying.
Number 10 is facing I-95, therefore, it shouldn't interfere with the other
two, because they are facing 8360 and that 1,500 feet shouldn't be counted.
Mr. Knox: Yes, sir.
Mayor Ferre: Is that what you call a liberal interpretation?
Mr. Carollo: Well, no, it is exactly what he stated. One is on I-95 and one
is on 836. If the one on I-95 would be on 836, then you would have to count
it.
Mayor Ferre: It seems reasonable to me!
Mrs. Dougherty: That makes a lot of sense, but that is not the way the
ordinance is written. It says "An outdoor advertising sign approved pursuant
to this ordinance" ... (and you have got three of them now being sought
approval pursuant to the ordinance) ... "shall be spaced a minimum of 1,500
feet from another such outdoor advertising sign structure".
Mr. Knox: Well, let me respectfully suggest to our esteemed City Attorney...
Mr. Carollo: How many feet are these spaced apart? Does anybody know? At
the longest angle, how many feet of this ...
Mr. Whipple: I would say between 9 and 10, there is approximately 700 to 800
feet. Between 7 and 9, there is probably only 150 to 200 feet.
Mr. Carollo: How are you measuring that?
Mr. Whipple: 7 and 10, I would ... and I am estimating here would
probably be about 800 feet, a little more.
Mayor Ferre: How about 6 and 8? You've got a problem there too, don't you?
Mr. Whipple; Yes, sir. If you will, the 1,500 foot spacing is 15 inches
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: So in effect, that is why you saying, we could really in effect,
approve 1, 2, 3, 4, 50 6 and 7.
Id 201 September 121 1985
ON
Mr. Whipple! Yes, sir.
Mr. Knox- May I disagree, Mr. Mayor? ... respectfully, of dourse, I would
simply suggest to the City Attorney that in order to give meaning to the
intend of the ordinance, it may be necessary to interpret the definition of
structure in such a way that does it. all of the restrictions, regulations,
concern of the staff, and those persons who criticize this process, were
concerned about the inundation of visual contacts with signs by motorists; and
so if that is the intention, then it doesn't seem fair, therefore, to say that
just because two holes in the ground are within 1,500 feet of each other, but
the sign states different sets of motorists that the intention of the
ordinance is not being carried out.
Mrs. Dougherty: Let's go back and amend this ordinance. Let's go back and
rescind the ordinance and change it.
Mr. Plummer: Well, might I suggest, that Mr. Knox, with your client ...
Mrs. Dougherty: Mrs so excuse me, I don't mean to interrupt you but ...
Mr. Plummer: Go ahead.
Mrs. Dougherty: ... there may be a solution to this. We have just passed this
ordinance on second reading. If you want to reconsider the ordinance and make
that amendment, which would be a technical amendment, and take the second
thirty days ... they are not getting permits until it takes effect anyway
under the County ordinance, and there is a solution to it, if we want to do it
that way - if that clarifies your intent.
Mr. Carollo: Yes, but at the same time, my question is this - would that put
a stop to all the signs all together. Can we just leave those signs that are
in question until then, and go ahead and vote on the others?
Mrs. Dougherty: You can vote on even those tonight. You are in the same
position anyway, because you have just passed the ordinance on second reading
that makes these permits effective. We will just rescind that motion that
passes this ordinance on second reading. We will make some modifications of
it, read it again and you are going to be in exactly the same position!
Mr. Carollo: Do you understand, Counselor, this won't come into effect
anyway, according to what our City Attorney is saying, until the County ...
Mrs. Dougherty: This ordinance which you just passed today, takes effect in
30 days, and it is pursuant to the County ordinance - it says that you have
permits that are pursuant to the City Ordinance as amended. This is the
amended ordinance, so, we can amend it again, make that clarification, if that
is your intent.
Mr. Carollo: And it will still become effective in 30 days? I think that is
reasonable.
Mr. Knox: Mr. Vice -Mayor, if I may. Yes, we agree that there is an
opportunity to make technical amendments to the ordinance tonight and it would
still become effective within 30 days, but what we are urging the Commission,
x not to adopt the suggestion of staff, that somehow they are going to need to
make an amendment at this time, because the problem that they are talking
about is not a problem that the Commission is concerned about, if the
Commission is in fact, concerned about signs faces being 1,500 feet apart.
z Mr. Carollo: That was our intention, George. There is no question about
that, but ...
Mayor Ferre: That, Commissioner, this is what I want to clarify. Even though
I voted in the negative, I do, Madam City Attorney ... I remember in the
Legislature when there was a confusion on things like this that the
Legislature voted on, the authors, the committee of the Legislation, would
write a memorandum that would be approved sometimes by the committee, which
evidently, in a court of law, was sufficient to clarify legislative intent.
Now, if the majority of this Commission, who had voted for this clarifies
' legislative intent, and evidently, the ordinance per se didn't, you know ..,
Id 202 September 12. 1905
there is a problem, because there is an interpretation which is strict in the
nature, whereas the legislative intent was different; and that's come out now
in this first cagey can't they just pass a resolution of legislative intent?
Mr. Plummer: I'm telling you how you can correct it, but George doesn't want
to do that because somebody can call him on a technicality.
Mrs. Dougherty: No; they can't.
Mr. Knox: Not I am suggesting that you can do precisely what the Mayor has
just suggested by indicating that when you ... your intent was to prevent
motorists from having to observe signs less than 1,500 feet apart, and because
holes in the ground with poles stuck in them are in fact, 1,500 feet apart, it
really doesn't violate your intent, because the signs are facing two different
sets of motorists.
Mayor Ferre: So, that is my point. So, in other words, what we need now is a
motion by someone on the prevailing side to clarify the legislative intent.
Mr. Knox: Yes, there are - simply defining the word structure in the
ordinance to means sign faces.
Mr. Plummer: She is saying that is not adequate.
Mayor Ferre: She is saying that is not strong enough.
Mr. Knox: Well, the other thing that you may consider is, that all of this is
still subject to a permitting process, pursuant to State Law, and again, I
mean, the regulating agents in the State has an opportunity to look at what
has been done in light of the State policy, and the State requirement of ...
Mr. Plummer: Let me ask you a question. Did all of this fact come out at the
Zoning Board?
Mr. Knox: Yes, sir.
Mr. Plummer; Why didn't you contest it before tonight? I never ... this is
the first time I heard of it!
Mr. Knox: Well, because the Zoning Board adopted a policy that they may be
usurping your authority, which in fact, they made decisions about which of
these signs should have priority at their level, and they simply asked
themselves whether all of these zoning requirements have been met.
Mr. Plummer: But, George, you knew that question was going to be raised
tonight!
Mr. Knox: No, sir, we did not.
Mr. Plummer: But staff said they were going to raise it!
Mr. Knox: Staff hadn't talked to me since the Zoning Board meeting.They do
not talk to me.
Mayor Ferre: Did you raise that question at the Zoning Board?
Mr. Whjipple: I wasn't there.
Mr. Knox: The question was posed at the Zoning Board and the Zoning Board
simply resolved the problem without ... there was no contest, because once ...
Mr. Plummer: Obviously, the way they resolved it, was to throw the hot potato
to us and say "You make the decision!".
Mayor Ferre: That is right. That is the way it should have been, too.
Mr. Hancock; Let me say this. There is a State law that prevails of 1,500
feet between signs. We cannot get our State permit, unless these signs are
1,500 feet apart.
14 203 September 12, 1985
Mr. Plummeri Gene, I understand that, but I am saying that this problem
didn't crop up tonight; okay? We know what we are trying to acdoinplish/ WOw,
Madam City Attorney, how do we do it?
Mrs. Doughertyi I would suggest that you have hearing. I will amend the
ordinance tonight. We will approve it again tonight. They will be in the
exact same position. They are not going to be delayed at any tune, and we
will just do it.
Mr. Plummer: And that is legal?
Mrs. Dougherty; Yes.
Mr. Plummer: Okay.
Mr. Dawkins: Madam City Attorney ...
Mr. Carollo: Do you have any concerns, Mr. Knox, that the legality of this
action might be challenged?
Mr. Knox: No, sir, I believe that it is perfectly within your province to
clarify on the record your intent when you use certain words in the ordinance.
Mr. Dawkins: Madam City Attorney, in the event that we do what you just said,
an another sign company comes and says that they are going to turn 6 and 8 in
opposite directions. What does that do?
Mr. Knox: They are still on the same side of the limited access highway, and
they are still facing the same ... if they were to face a separate direction,
there wouldn't be any point of the sign. The reason they want this sign on
the highway, is so they are both facing I-95.
Mr. Dawkins: All I want you to tell me is, that what I am doing here now
cannot be used by every other sign company to put signs less than 1,500 feet!
Mrs. Dougherty: Commissioner Dawkins, if they want to face the other
direction, it would also apply to 6 and 8.
Mr. Knox: And please remember, Commissioner Dawkins, that ...
Mr. Dawkins: You are no longer the City Attorney, sir. I asked my City
Attorney for an opinion. Thank you, sir.
Mr. Knox: I forgot!
Mr. Dawkins: That is all right, sir.
Mayor Ferre: All right now, are we ready to go on the City Attorney's
recommendations? I am open for a motion. Word it.
Mr. Carollo: Madam City Attorney, can you word, in your best legal
terminology, the form of a motion that we want to present here?
Mrs. Dougherty: First, that you rescind your former approval of the
ordinance. That is the first motion.
Mayor Ferre: All right, I will take a motion to rescind Item Number 89.
Mr. Carollo: There is a motion to rescind - Item 89, is it?
Mayor Ferre; Yes. Okay, Carollo moves. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion on rescinding? I have no
problem, any inconsistency, in voting for, right, for rescinding? So I would
be voting for, right? Okay, call the roll.
ld 204 September 12, 1985
The following motion was introduced by Commissioner Carollo, who moved
its adoptiont
1MOTION R0. 85-951
A LOTION RESCINDING PREVIOUSLY APPROVED ORDINANCE IN
CONNECTION WITH SIGN STRUCTURES; AS PROPOSED IN AGENDA
ITEM 85 IN ORDER THAT A PROPOSED AMENDMENT MAY BE
ADDED TO ITS TEXT.
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.
Mayor Ferre: Now, what is the new motion?
Mrs. Dougherty: The new motion would be to approve the following amendment,
Page 4, of the ordinance, Section A. - "An outdoor advertising sign structure
approved pursuant to this ordinance shall be spaced a minimum of 1,500 feet
from another such outdoor advertising sign structure, facing the same
direction, or an approved location for another outdoor advertising structure
on the same side of the limited access highway, including expressways facing
the same direction".
Mayor Ferre: All right now, I guess to do it totally legally, we need to pass
that as an amendment ...
Mrs. Dougherty: To the ordinance passed on first reading.
Mayor Ferre: ... to the ordinance, and then pass the ordinance ...
Mrs. Dougherty: That is correct.
Mayor Ferre: ... on its totality, right? Is there a motion for the amendment
as presented, and read by the City Attorney. Who moves that?
Mr. Dawkins: I move it.
Mr. Carollo: Second.
Mayor Ferre: Dawkins moves, Carollo seconds. Are we ready to vote on the
amendment as proffered?
Mr. Carollo: Can you go over the words again, Madam Attorney, to make sure
you have it correctly? Mr. Knox, did you hear the statements she has made?
Mr. Knox: Yes, sir.
Mrs. Dougherty: "An outdoor advertising structure, approved pursuant to this
ordinance shall be spaced a minimum of 1,500 feet from another such outdoor
advertising structure, facing the same direction, or an approved location for
another outdoor adverting structure on the same side of the limited access
highway including expressways, facing the same direction."
Mayor Ferre: Okay, are we ready to vote on that?
Mr. Knox: We don't have any problem with that language, Nor. Mayor.
Mayor Ferre: Anybody want to speak on it? Call the roll,
14 205 September 12, 1985
k
The following motion was introduced by Commissioner Dawkins, Who molted
its adoption:
MOTION NO, 85=952
A MOTION STIPULATING THAT THE FOLLOWING AMENDMENT BE
MADE ON PAGE 4 OF PROPOSED SECOND READING ORDINANCE IN
CONNECTION WITH SIGN STRUCTURES, AS OUTLINED IN AGENDA
ITEM 85 OF THIS DATE:
"AN OUTDOOR ADVERTISING SIGN STRUCTURE APPROVED
PURSUANT TO THIS ORDINANCE SHOULD BE SPACED A MINIMUM
OF 1,500 FEET FROM ANOTHER SUCH OUTDOOR ADVERTISING
SIGN STRUCTURE FACING THE SAME DIRECTION, OR AN
APPROVED LOCATION FOR ANOTHER OUTDOOR ADVERTISING
STRUCTURE ON THE SAME SIDE OF THE LIMITED ACCESS
HIGHWAY INCLUDING EXPRESSWAYS FACING THE SAME
DIRECTION."
Upon being seconded by Commissioner Carollo, 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
NOES: Mayor Maurice A. Ferre
ABSENT: None.
Mayor Ferre: All right, now on the main ordinance, as amended. Who moves the
ordinance:
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Read the ordinance as amended.
AN ORDINANCE -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 2026 ENTITLED "SIGNS, SPECIFIC
LIMITATIONS, AND REQUIREMENTS", BY: PLACING
RESTRICTIONS ON OUTDOOR ADVERTISING SIGNS LOCATED
WITHIN 600 FEET OF LIMITED ACCESS HIGHWAYS AND
EXPRESSWAYS; RESTRICTING THE NUMBER OF SUCH SIGNS
WHICH MAY FACE SAID HIGHWAYS AND EXPRESSWAYS TO 10 IN
NUMBER, PROVIDED THEY ARE LOCATED WITHIN 200 FEET OF
THE RIGHT-OF-WAY OF SAID HIGHWAYS AND WEST OF
INTERSTATE 95; PROVIDING FOR LANDSCAPING AND PERMIT
REVOCATIONS; AND ESTABLISHING PRIORITY OF APPLICATIONS
FOR PUBLIC HEARINGS; 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 Carollo seconded by Commissioner Perez, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote-
September 12, 1985
V4 C
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Com,misgioner J. 1,, Plummer, Jr.
Vice -Mayor Joe Carollo
NOES., Mayor Maurice A. 1+erre
ABSENT: None.
THE ORDINANCE WAS DESIGNATED_ ORDINANCE NO, 10037*
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.
93. ALLOW ONE OUTDOOR ADVERTISING SIGN (O.A.S.) AT: 818 S. W. 4TH AVENUE.
Mayor Ferre: Now what do we do - move to what?
Mr. Whipple: Item No. 90, Mr. Mayor, which was the first application in.
Mayor Ferre: Which is the first application - show it to us on the ...
Mr. Whipple: This is the one located on the west side of I-95, south of S. W.
8th Street.
Mayor Ferre: Where is 8th Street?
Mr. Whipple: Where she is pointing, right across the top of the map.
Mayor Ferre: Who is the applicant on this?
Mr. Whipple: The applicant on this is E. A. Hancock Advertising, Inc.
Mayor Ferre: Are you recommending this?
Mr. Whipple: We are recommending denial. What we have done, Mr. Mayor, also,
is provide either one, two, three, or four slides to give you an indication
note what the location is.
Mayor Ferre: This is so I understand the picture, because I just want to make
sure that I understand my own position. Now, it is the will of the majority
of this Commission, that this ordinance be ... and has been approved, so that
is the law of the land right now.
Mr. Whipple: Yes, sir.
Mayor Ferre: Now, my position now, is that once, which is the old way that
this Commission used to work, in the good old days, if Plummer remembers, and
that is that once the majority of this Commission made a decision on
something, then, the rest of us, whether we voted for or against it, would
deal with the reality of that decision, so I will be voting my conscience in
each of these things, because that is the new rule of the majority around
here. Now, are you recommending against all of these?
Mr. Whipple: I believe while you were coming in, Mr. Mayor, we had
recommended 2 out of the 10.
Mr, Plummer: Well, but wait a minute. Be fair, now.
Mayor Ferre: But based upon the Commission's ,..
Mr, Plummer: On the amendment that just passed, how many of them do you
recommend against? You only recommended one, I think, up there, out of 7, 9,
and 10. Now the ordinance has changed,
Id 207 September 12, 1955
L
4►
MP, Whipple! Well, based on the
Mr4 Plummer; Then, what is your recommendation as it relates to what is Item
1
7 f 9 t and 1 G?
Mr, Whipple! I don't believe that would change our recommendation,
Commissioner Plummer,
NOTN FOR TM RECORD.: AT THIS POINT, VICE=MAYOR CAROLLO RECOMMENDS A
COMMENDATION OF APPRECIATION TO Mr. RICHARD WHIPPLE ON THE OCCASION OF HIS
i
LAST DAY WITH THE CITY FOR HIS 26 YEARS OF SERVICE. (SEE LATER, THIS MEETING
Mr, Whipplet Mr. Mayor, if you want me to continue ... as you may remember,
there are five criteria established in the zoning, by which to evaluate these
locations without going into those. Our recommendations do address several of
these points in each of the recommendations and some of them are somewhat
I
repetitious. However, on this first item, we feel that this particular
j
location is perhaps the most critical location out of the whole stretch of I-
95. As you know, this is the roadway heading down to Coconut Grove, heading
down the Brickell Avenue apartments, and we feel that a sign in this location
be quite detrimental. The skylines of the Brickell Avenue, Coconut Grove,
Southwest Miami, Coral Gables and Coral Way are all impacted by this and for
that reason, or for one of the reasons, we feel that a sign at this location
}
would visually intrude upon these vistas and these areas. In addition to
that, this sign is immediately adjacent to a residential area. Now, we took
the prerogative of putting in four slides as mock slides, just to try to give
you a feeling as to how the sign might impact as you are going down the
3
roadway. This is very crudely done, and it is just an illustrative example,
which might help you in your judgment. Now, the next point I was making had
to do with this sign being located right adjacent to the residential area,
immediately in back of the H-3 frontage. This is one of the criterion listed
in the ordinance, as to its impact upon the neighborhood and we believe the
proximity of this sign to the residential, as a matter of fact, right next to
j
the residential, likewise is not appropriate. On that basis, we have
recommended denial of this item.
Mr. Plummer: Is it to be placed in front of the bicycle shop, or behind the
bicycle shop?
Mr. Whipple: It is behind, on the far side of the bicycle shop, as we are
looking at it now.
s
Mr. Plummer: In other words, my question really is, how would you landscape
lights and all other things around that particular location?
Mr. Whipple: Mr. Plummer, the landscape plans that were attached to the plans
that came in are basically that of some shrubbery, some ground cover, and some
;A
trees per the ordinances design. It is minimal, because the site usually with
uni construction are fairly limited in size and perhaps the industry
would like to address that point, so there is limited landscaping and in
answer to your question from the public rights of way, there wouldn't be
anything that could really be seen because it is behind the building and next
"
to another building.
Mr. Plummer: Let me ask this question. Would the pole be in front of the
bicycle store, or behind, or somewhat behind?
Mr. Whipple: It would be on that far wall, across from the Schwinn sign. It
would be not at the rear of the building, but on the far side of the building,
adjacent to the building, and that is indicated on the ...
N'
Mr. Plummer; At this angle, would you see the pole, or you would not?
Mr. Whipple; You would see that part of it above the roof line of the bicycle
shop, the sign is proposed to be 50 feet in height, so you will see some
u-'
portion of the pole, and then the sign above the roof level.
Mr. Plummer; All right, do you have anything further on this application?
ld 208 September 12, 1985
Mr. Whipple! This is just one more mock example# illustrative example of the
potential impact of the sign. That is all I have on this item,
;.
Mrs Plummer: Mr, Knox,
Mr, Knox: Yes# sir, just very briefly# and I think that probably our continents
can be limited across the board because 1 believe that staff is going to make
the same arguments on each item for your consideration. First of all, there
3
is a border between every two zoning classifications, and somewhere; there is
something that is industrial that is next to something that is residential if
that is the way the zoning scheme works out. The important point is that the
area where the signs are supposed to be located# is the proper zonings Number
one# and Number two, even if you look at# or pay attention to those crudely
drawn superimpositions on the slides, you must consider that the visual impact
takes place at 55 miles and hour, or more, and if you want a true perspective,
then you have to visualize yourself traveling at that speed to see what the
impact of that sign is on the so-called aesthetics that the staff is arguing.
I
Mr. Plummer: Any one of the public who wishes to comment on Item 90? Mr.
Public Works?
Mr. George Campbell: If I may, for the record, George Campbell, representing
the Department of Public Works. I will keep my remarks brief, and they would
i
apply in general, to all of the applications. At 55 miles an hour, you have a
perception time to react to braking in an emergency, of approximately two and
a
one-half seconds. This means that the distance between you and the vehicle
ahead of you is the distance that you would cover in two and one-half seconds,
if something were to happen in front of you. That works out to approximately
j
well, somewhere between 176 and 201 feet, according to the American
Association of State Highway Traffic Officials. The distance between 176 and
200 feet, in this particular ... in this section here on Item 1, is virtually
impossible to maintain because of the nature of the traffic. Everything is
coming on I-95 there, you have the 26th Road entry, which has just merged with
the entry from Key Biscayne, and the density of traffic in there, particularly
north bound in the morning, south bound in the evening, is very heavy. You
cannot maintain a couple of hundred feet between you. You take your eyes off
that car in front of you for a second, and anything happens, you have brought
the cookie up at that point, so that in this congested area particularly,
because of the traffic coming on, weaving, approaching the exit ramp for S. W.
8th Street there, it becomes dangerous, frankly, to have a sign that is going
to be attractive enough for a driver to take his eyes off the car in front of
him, look at the sign, read it, and come back, there is not enough time!
Basically, that is the whole thing.
Mr. Plummer: Mr. Knox, do you want a rebuttal?
`}
Mr. Knox: Only one sentence, Commissioner Plummer, and that is, that there is
r
r
no automobile accident in the recorded history in the United States of America
that has been directly attributed to presence of outdoor advertising signs.
."'
Mr. Carollo: Are there any further statements, comments from either side?
Mr. Whipple, no parting shots?
>_^ Mr. Whipple: No, sir, our contention has continually been, as it was
initially, that there is a potential hazard, not withstanding what Mr. Knox is
saying. There are no records, for instance, there is nothing on a police
report which has a blank to check to say that distraction of a billboard was
the cause of the accident, and as there have not been any studies, other than
one in New York State in the early '60's, he is correct in his statement, but
the potential hazard is there, because of the very nature of the billboards.
T:
Mr. Carollo: Okay, any further statements from anyone?
Mr. Plummer: Not on this item, Mr. Vice -Mayor, but I've got to ask one
question. Do we still have a problem with Number 6 and 8, even the amendment?
Mr. Whipple: Yes, sir.
Mr. Knox: Yes, sir, we acknowledge that.
14 209 September 12, 1985
1
Mr. Plummer! Okay, I just wondered; on the record.
Mr. Carollo! Any further statements or comments from anyone here? Hearing
none) is there a Motion froth the Commission?
Mr. Plummer., Mr, Vice=Mayor) I am going to go and give you a blanket on my
entire feeling of all of the issues, This is the only one that I have a
problem with:
Mayor Ferre: Which one?
Mr. Plummer: I have a problem with one, okay? The rest of theca I have no
problem with, except as it relates with 6 and 8,
Mr. Carollo: I give the gavel back to the Mayor.
Mr. Plummer: Okay? So all I am saying is, that is the one I have a problem
with.
Mr. Carollo: I will make a motion on Item 90.
Mayor Ferre: On Item 90 there is a motion. Is there a second? Item 90 is
the item that is before us Item Number 1.
Mr. Carollo: Approve the Zoning Board recommendation.
Mr. Perez: I second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-953
A RESOLUTION GRANTING THE APPROVAL OF ONE OUTDOOR
ADVERTISING SIGN PURSUANT TO ORDINANCE NO. 9500, AS
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS.", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS." OF SUCH
ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT 818 SOUTHWEST 4TH AVENUE, ALSO DESCRIBED AS
THE SOUTH 50' OF LOTS 1 AND 2, BLOCK 60-S, CITY OF
MIAMI SOUTH (B-41), AS PER LOCATION PLAN ON FILE, SAID
O.A.S. TO BE LOCATED 50' WEST OF THE RIGHT-OF-WAY LINE
OF INTERSTATE I-95, BEING 49.58' IN HEIGHT FROM GRADE
(GRADE AT ELEVATION 15.40'); ZONED CG-1/7 GENERAL
COMMERCIAL; WITH A TIME LIMITATION OF SIX (6) MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES:
ABSENT;
Commissioner J. L. Plummer, Jr.
None.
ld 210 September 92, 195
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94. ALLOW ONN OUTDOOR ADVERTISING SIGN (O.A.S•) AT! 643-45 N. W. 20TA STR99T.
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Mayor Ferret We are on Agenda Item 91.
Mr. Whipple: Mr. Mayor, item 91 is located at 643-645 N. W. 20th Street. It
is Number 2.
Mr. Plummer., May 1 ask Mr. Whipple to stop just one second. Mr. Knox, since
you have acknowledged there is a problem between 6 and 8, it is immaterial to
me, which one, but I would ask you to make a decision with your client as to
which one he prefers. It is immaterial to me which one.
Mr. Knox: Commissioner, the problem is that there are two separate
applicants. The problem is created because an application was submitted by
Hancock and an application was submitted by Flutie Advertising, both of which
Mr. Plummer: I am sorry.
Mayor Ferre: Which is Flutie's request - 6? 6, and the others are all
Hancock's?
Mr. Knox% No, sir, there is a National Advertising application also.
Mayor Ferre: Which is National's?
Mr. Knox% 7.
Mayor Ferre: 7. National's is 7. We just agreed to one, right?
Mr. Plummer: Now, we are talking about 2.
Mayor Ferre: Now we are talking about 2.
Air. Plummer: That is 20th Street and ... what?
Mayor Ferre: Have you got a slide, there? Yes, okay, that is 20th Street
right there, right? It is the west side of 20th.
Mr. Whipple: You can see the street, that which is N. W. 20th Street, you see
the yellow building. The sign is to be in the vacant area a little to the
side and in the back of the yellow building. The first shot was an approach
shot from a distance.
Mr. Plummer: That is the bar?
Mr. Whipple: Yes.
Mr. Plummer: Can you lower it to hide the bar?
Mr. Whipple: I am afraid that would cut their viewing distance, Commissioner
Plummer.
Mayor Ferre: Go ahead.
Mr. Whipple: Well, we have recommended denial of this one ...
Mayor Ferre: Do you have a mock up?
Mr. Whipple: ... based upon the fact ... yes, but it is not applicable, Mr.
Mayor, as to the exact location, This was just an attempt by which to show
how along this area various signs might impact the vision as you look through
the civic center. The bar is down in the lower right hand corner, and we
placed the sign just on the other side because we had a slide that would show
the conceptual aspect of it. Our concern here is that we are approaching the
id 211 $eptember 12, 1985
r2
civic center and the transition on to the east; West expreesway4 We feel that
that may have a detrimental effect and provide a potential hazard as to
drivers driving along this part of the roadway. There is also a number of
directional signs giving directions as to which lanes and which roadways to
begin Melding and yielding into, and we feel a sign at this location Would
conflict with those directional signs. On that basis, we recommended denial.
Mayor Ferre! All right; questions? Statements? is there a motion?
Mr. Carollo: What number?
Mayor P'erre: This is Item number 2 and on the record, it is Agenda item 91.
Mr, Carollo: This is item Number 21 right?
Mr. Plummer: Yes, it is 2 on the map.
Mr. Carollo: Number 2 on the map?
Mayor Ferre: That is correct.
Mr. Plummer: Number 91 on the agenda.
Mayor Ferre: What is the will of this Commission?
Mr. Plummer: I will move it. I think it is an improvement to the
neighborhood.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll on Item 91.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-954
A RESOLUTION GRANTING THE APPROVAL OF ONE OUTDOOR
ADVERTISING SIGN PURSUANT TO ORDINANCE NO. 9500, AS
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS.", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS." OF SUCH
ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT 643-45 NORTHWEST 20TH STREET, ALSO DESCRIBED
AS THE WEST 1/2 OF LOT C AND ALL OF LOTS D, E AND 20,
BLOCK 15, NORTHWEST SEVENTH AVENUE ADDITION (7-36), AS
PER LOCATION PLAN ON FILE, SAID O.A.S. TO BE LOCATED
50' WEST OF THE RIGHT -OF -WAX LINE OF INTERSTATE I-95,
BEING 50.20' IN HEIGHT FROM GRADE (GRADE AT ELEVATION
14.80'); ZONED I-1/7 LIGHT INDUSTRIAL; WITH A TIME
LIMITATION OF SIR (6) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote-
0
Id 212 OWSMbO r 121 1985
AYES,. Commiasionet Demetrio Perez; Jts
C6mtis6ioner biller J+ Dawkins
Commisdi6fter J, t. Plummer, it,
Vice -Mayor Joe Carollo
Mayor Maurice A. Fevre
NOES: None,
ABSENT: None.
G-i--r-il-rriil���r.Y�iir����i►�:i'i.GGiir�i►ri
95• ALLOW ONE OUTDOOR ADVERTISING SIGN (O.A.S.) AT: 656 N.W. 32ND STREET,
Mayor Terre: Agenda Item Number 92.
Mr, Whipple: Item Number 92 is located at 656 N. W. 32nd Street. It is
Number 3 on the map. This is the location of red roofed house on this slide,
where the sign will be located
Mr. Dawkins: Is it in the back yard or the front yard?
Mr. Whipple: We have recommended denial of this. Oh it's in the back yard. I
am sorry I didn't hear the question. We have recommended denial. We believe
this also could have a impact upon the driver's safety in this area. This
sign is also less than 750 feet from a north bound directional sign leading to
the airport expressway interchange. Location is also at the end of south -
bound turnoff from the east bound airport expressway, which requires a merging
operation and lane change, in order to continue south bound travel. The
adjacent residential development would also be impacted by the proposed
outdoor advertising sign at this location. I've pointed out that there is
considerable residential development in this area, existing.
Mr. Plummer: Is that commercially zoned?
Mr. Whipple: Yes, sir, it is, but it is primarily residentially developed,
except for along 7th Avenue and the main arteries, that cross it.
Mr. Plummer: Mr. Knox, I think you need a little bit more landscaping. I am
looking at one tree and some asparagus fern.
Mr. Knox: Yes, sir, but I just called the Commission's attention to the fact
that I am certain that the staff will insure there is satisfactory landscaping
to adopt Item Number 100.
Mr. Plummer: No sir, the ordinance doesn't give that provision to staff to
make that decision. That provision in the ordinance is the Commission shall
make that decision. Now ...
Mr. Knox: I was just referring to Item Number 100.
Mr. Plummer: I am speaking to Item Number 92, sir.
Mr. Knox: Well, my response is to only suggest that the Department will have
to submit by your approval an aesthetic plan.
Mr. Plummer: It will come back with another landscaping plan? If that is the
case, that is fine.
Mr. Sergio Rodriguez: I may be incorrect with this, but the ordinance, with
the landscaping is not in effect now, so the only thing you can do, since it
is a special exception, you can put a condition for landscaping approval at
the time of the building permit, if you approve it today.
Mr. Plummer; I am saying to you I would rather handle it right now and get it
over with and tell you that I want more landscaping.
Mr. Knox; Yes, air.
Id
213
September 12, 1905
0
Mr, 1{ancocke I would be happy to put in whatever they want#
Mr. Rodriguete May I suggest that if you approve itf you can approve it
subject to site plan, landscaping approval by the Planning Department at the
time of building permits
Mr. Plummer: I far as I am concerned, I would want to double the landscaping
that is presently there and that would be the site plan+
Mr. Dawkins: Move it.
Mayor Ferree It has been moved, Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-955
A RESOLUTION GRANTING THE APPROVAL OF ONE OUTDOOR
ADVERTISING SIGN PURSUANT TO ORDINANCE NO. 9500, AS
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS.", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS." OF SUCH
ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT 656 NORTHWEST 32ND STREET, ALSO DESCRIBED AS
THE EAST 11.60' OF THE NORTH 1/2 OF LOT 9 AND THE
NORTH 1/2 OF LOT S, ROCK TERRACE SUBDIVISION (7-156),
AS PER LOCATION PLAN ON FILE, SAID O.A.S. TO BE
LOCATED 95' WEST OF THE RIGHT-OF-WAY LINE OF
INTERSTATE I-95, BEING 54' IN HEIGHT FROM GRADE (GRADE
AT ELEVATION 11.0'); ZONED I-1/7 LIGHT INDUSTRIAL;
WITH A TIME LIMITATION OF SIX (6) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Carollo: If they double the landscaping.
14
214
September 12, 1985
96, ALLOW ONS OUTDOOR ADVERTISING SIGN (O.A.S.) AT: 3701 N. W. 7TH AVENUE.
Mayor Terre: What item are we on?
Mr. Whipple: Agenda Item 93, sir+
s,1
Mayor Ferre: All right.
Mr. Whipple: Item 93 is located at 3701 N. W. 7th Avenue. We have
recommended denial of this sign also, Number 4. This is located in the
curvature ofchange lane, or expressway change from the airport to the south
bound I-95• We feel that this would be a distraction as you are going into
i the curve, and would have a potential impact upon the driver's safety. You
remember the - I believe it is shell station on the corner across from the
Fire College and there is a small, dead end street and a small site vacant,
which is where the sign would be located. You might also note from this slide
too
Mayor Ferre: What do you mean the change over? I don't understand this
change over. What do you mean, change over?
Mr. Whipple: It is an exit ramp from one expressway and an entrance ramp onto
another expressway.
Mayor Ferre: Show me how I would be driving. You are coming from the
airport.
Mr. Whipple: Yes, sir, coming down to the airport, swinging south, merging
with the airport expressway east bound traffic going to I-95.
Mayor Ferre: Show me where the danger point is, because I am already past.
Mr. Whipple: Well, going around the curve, Mr. Mayor, and being distracted, I
believe leaves something to be desired.
Mayor Ferre: But, isn't that true then of all of these? the signs on all of
these curves?
Mr. Whipple: On the curves, yes. We have the made the same comment and
concern with all of them. Also, on this particular site, there is an impact
upon the vistas, as you can see in the slide before you, particularly as you
are coming along this direction and this transition.
Mayor Ferre: Well, where would the sign be as I drive ... this is from the
highway, right?
Mr. Whipple: Yes, sir.
Mayor Ferre: Do you have a drawing of that?
Mr. Whipple: No, I don't.
Mr. Plummer: This is the one across from the Fire Station.
Mr. Whipple: Yes, air.
Mr. Plummer: What is our problem?
Mayor Ferre: Safety is what he is saying.
Mr. Plummer; Well, Mr. Mayor, you know, let me tell you something. What I
have heard him say - the safety, I don't think you can go a hundred or two
hundred feet on the expressway without having a directional sign facing you of
some kind. Now, you know, it is either turn this way, or exit signs this way,
this way, and this way ,,.
14 215 September 12, 1985
Mayor Ferret You are also going slower there, aren't you?
Mr. Plummer! This is at the interchange, Mr, Mayor. This is across the
street from the Fire Stations
Mayor Ferret You are supposedly going slow as you are going around that
curve.
Mr. Plummer: Very definitely.
Mr. Whipple! You have ramp speed of usually 40, or 45, You usually have ramp
speeds on this type of .,,
Mr. Plummer: I think the exit speed on that is 25, Dick,
Air. Whipple: I may stand corrected, sir.
Mayor Ferre! What is the will of this Commission?
Mr. Carollo: Make a motion to approve, Mr. Mayor,
Mayor Ferre: Is there a second?
Mr. Carollo: Approval of the Zoning Board's recommendations.
Mr. Plummer: Can I see - I have not seen the landscaping plan, may I see it,
please?
Mayor Ferre: Double the landscaping. Double the landscaping, Plummer.
Mr. Plummer: I'll not get it any other way.
Mayor Ferre: That is right, and I agree with you. As long as you don't put
black olive trees, I've got no problem.
Mr. Plummer: I will tell you, you guys were awful skimpy. One tree and
asparagus fern!
Mayor Ferre: Plummer doubles the trees and I vote with him.
Mr. Plummer: Did you say triple? I agree with Dawkins.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: That is right. Triple the landscaping subject to the site plan.
Mayor Ferre: All right, triple landscaping and one bird -of -paradise.
Mayor Ferre: Let's go. Call the roll.
Id 216 *90001lbe r 12, 1985
The following resolution was introduced by Commissioner Carollop who
moved its adoption:
RESOLUTION NO, 85=956
A RESOLUTION GRANTING THE APPROVAL OF ONE OUTDOOR
ADVERTISING SIGN PURSUANT TO ORDINANCE NO. 95001 AS
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS.", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS." OF SUCH
ORDINANCE; TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT 3701 NORTHWEST 7TH AVENUE, ALSO DESCRIBED AS
LOTS 13 AND 14, BLOCK 43, BAY VISTA PARK AMENDED (5-
71), AS PER LOCATION PLAN ON FILE, SAID O.A.S. TO BE
LOCATED 40' WEST OF THE RIGHT-OF-WAY LINE OF
INTERSTATE I-95, BEING 52.75' IN HEIGHT FROM GRADE
(GRADE AT ELEVATION 12.25'); ZONED I-1/7 LIGHT
INDUSTRIAL; WITH A TIME LIMITATION OF SIX (6) MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, 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.
97. ALLOW ONE OUTDOOR ADVERTISING SIGN (O.A.S.) AT 1544 N. W. 39th STREET.
Mayor Ferre: Next?
Mr. Whipple: Next sign, Agenda Item Number 94, sign number 5, located at 1544
N. W. 39th Street.
Mayor Ferre: This is Agenda Item 94, right?
Mr. Plummer: This would be in Allapattah.
Mr. Whipple: Our concern here is that although the area is commercially
zoned, it too, is developed in a residential nature and we don't feel that the
sign at this location would be compatible with the residential development,
and we have the same safety concerns with respect to approaching the toll gate
of the airport expressway.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Mr. Knox, did you mind telling me how much do you pay for your
landscape architect? I mean, did Andy do this in the back room?
Mayor Ferre: No, Charlie did it.
ld 217 September 12, 1985
A.
Mrs Plummer: You are not telling me that you got a professional to do this?
Mr. Hancock! We paid for it.
Mayor Ferret Well, that wasn`t the question!
Mr. Plummer! One black olive and some asparagus fern!
Mayor Ferret All right, Plummer wants to what? ... triple?
Mr. Plummer! I've got a better deal at the funeral home!
Mr. Knox: Commissioner~ just consider the entire landscaping theme in light
of the fact that the poles will be painted in an aesthetically pleasing way
also.
Mayor Ferret Will they be painted to to simulate trees?
Mr. Knoxt We will follow the Phillips rule and paint them green and blue.
Mayor Ferree All right, we are now on Item 94. Who moves with a triple
landscaping?
Mr. Dawkins% Move it.
Mr. Carollot I move, Mr. Mayor, including one bird -of -paradise.
Mayor Ferret It has been moved and seconded. Call the roll on 94.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-957
A RESOLUTION GRANTING THE APPROVAL OF ONE OUTDOOR
ADVERTISING SIGN PURSUANT TO ORDINANCE NO. 9500, AS
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS.", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS." OF SUCH
ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT 1544 NORTHWEST 39 STREET, ALSO DESCRIBED AS
LOT 54, CEDARHURST (11-18), AS PER LOCATION PLAN ON
FILE, SAID O.A.S. TO BE LOCATED 200' SOUTH OF THE
RIGHT-OF-WAY LINE OF STATE ROAD 112, BEING 55' IN
HEIGHT FROM GRADE (GRADE AT ELEVATION 10.0'); ZONED
CG-2/7 GENERAL COMMERCIAL; WITH A TIME LIMITATION OF
SIX (6) MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carolio
Mayor Maurice A. Ferro
NOES; None.
ABSENT; None.
id 218 September 12, 1985
A`
ON ROLL CALL!
Nit: Carollot Yes) going along with the recommendations of the Zoning Board
again.
98. DENY REQUEST TO ALLOW ONE OUTDOOR ADVERTISING SIGN AT 640 N.W. 26TH
STREET.
Mayor ferret Take up Agenda Item 95`
Mr. Whipple: Agenda Item 95 is Number 6 on our display. It is located at 640
N. W. 26th Street. This is one of the two signs, 6 and 8, that will have to
be selected. Whichever one is selected would automatically knock out the
other one. We evaluated the two sites therefore, and felt that sign location
number 6 was more appropriate than sign location number 3. As you will see
again, at the far end of some white buildings, or white trucks, I should say,
that is the McArthur Dairy parking lot for their milk trucks. This is ..
Mr. Plummer: I think you guys all have the same damn architect! This one has
got one tree and asparagus fern too!
Mayor Ferre: All right, is there a motion on this with triple the ...
Mr. Whipple: We recommended approval of this one, though, Mr. Mayor.
Mr. Carollo: For 6?
Mayor Ferre: 95.
Mr. Carollo: Yes, it is Item 95, Number 6. Can we see Number 8 so we can
compare the two sites.
Mr. Whipple: You want to look at Number 3?
Mr. Carollo: Yes, I want to compare both sites. Which is yours, the first,
or the second one?
Mr. Hancock: This is 8.
Mr. Plummer: Which one is this?
Mr. Whipple: Number 8. We are using the same slides to show the difference
between the two.
Mr. Carollo: Is this Number 6 or Number 8?
Mr. Whipple: Number 6 is down at the McArthur Dairy site down where the
trucks are.
Mr. Carollo: This is Number 6 here, right?
Mr. Whipple: Right, and Number 8 is here in front of this residential house.
If Mr. Plummer will look at the site plan, you will see that it is a
residential house. The sign is proposed for their front yard. Our concern
is, again, the impact upon the residential land use and character of the area,
and we felt that the industrial use and zone site out of close proximity to
residential development on the McArthur Dairy site would be the appropriate
location.
Mayor Ferret Is that your car, there? What is this? What are you doing
there?
Mr. Plummer: Which car?
Mayor Ferre: What is your car doing there, Plummer?
id M September 12, 1985
Mr, Plummer: Noy that is my daughter's.
Mayor Ferret All right, what is the will of this Commission?
Mr. Al Cardenas: May I say a few words, Mayor?
Mayor Ferret You want to earn your fee) right?
Mr. Cardenast That is right. My name is Al Cardenas. I am representing the
applicant, Flutie Advertising, in this particular application. We have proud
to have been one of only two of the ten applications which were made and
i
recommended by the Planning Department, and we are only one of three of ten
i
that were ... I think two of ten, that were unanimously recommended to you by
the Zoning Board. I just want to remind this Commission) as it takes its
vote, that about 45 minutes, you made a legislative decision in approving an
amended text to an ordinance. That ordinance which you approved, gives you
two categories with which you make a decision. The first category is set
forth in Section 2026.15.21(6) Paragraph 6, and I am just going to read to you
briefly from that paragraph, because it is pertinent to a decision that you
make as to Item 6, and Item 8, or locations 6 and Be Let me read sub-
paragraph 6 of this ordinance which you yourselves have adopted. It says the
following - it says that according to procedures ..* well, let me read it.
'
"Within 30 days of the effective date of this ordinance, owners of existing
sign structures or sign structure permits within 200 feet of the
westerly right-of-way lines of I-95, shall have a right to seek
approval, in accordance withe the procedures set forth above, for a
3
outdoor sign structures, in the order ..."
d
jand
this is the part, that is pertinent and important.
"in the order that the signs or locations were granted a permit."
That is the first criteria that you, yourselves have imposed upon yourselves
�
i
when you adopted this ordinance 45 minutes ago. Let me at this time show you
a copy of a permit which we have from the City of Miami. This permit is dated
June 4, 1985. First criteria which you have established in selecting
conflicting applications is the time within which a permit was pulled. I
submit to you that Site Number 6 has an existing permit dated June 4, and that
3..
is an earlier permit that was ever been approved for any proposed sign, 1,500
feet, or north or south of our proposed structure. Furthermore, let me also
tell you that the reason why we are Item Number 6 on the agenda, and Location
Number 8 is Item Number 8 in agenda, is because they don't have a permit.
They have an application which has been filed. You, yourselves, in the
ordinance which you have adopted, created a differentiation in the selection
process between a permitted request and a an applied for request. I believe
that the law which you yourselves have imposed upon you this evening, makes it
�.'
clear that you have established a preference and that we clearly meet that
preference in Location Number 6. That is Item Number one. The second
provision of the ordinance, which you have adopted, Mr. Mayor, has to do with
the criteria, which you, yourselves evaluate when you vote upon that
particular location. You adopted five criteria - A, B, C, and D. "The impact
..
of any vistas or views" is Item Number Be Be - "The relationship with roadway
signs, inclusive of directional signs". Item Number C, which you, yourselves
approved was "The impact on any notable structure or landmark; the impact upon
driver safety in the area, and the appropriateness of the location". Let me
say that being objective in the evaluation of Item 6 and 8, I could say that
we probably tie in three of the five criteria; however, we are clearly ahead
..:
in two of the five, which again creates a burden that imposed upon you by your
own ordinance which you have adopted.
Mr. Plummer: I waive consecutive translations!
Mayor Ferret All right!
s n
Mr. Cardenas; Okay. At any rate, what I am trying to say is that are two
'=
areas where based upon your own criteria, we clearly exceed the merits of Item
Number 8. One is that we are further away from the directional signs from the
expressway than Item Number 8, and Number two, the fact that we are right in
Id
220
September 12, 1985
front of an industrial property# McArthur hairy, while Item Number 8 is in
front of a tesidential duplex property+ Thank you, MN Mayor,
Mayor Ferre! Gould we hear nowt from National Advertising?
Mrs Carollo: They don't have one here; right?
Mayor Ferre: Sure# right now.
Mr. Cardenas: They are not either Item 6 or % Mr. Mayor,
Mayor Ferre: Well$ who is Item 8?
Mr. Cardenas: Hancock is.
Mayor Ferre: Oh# Hancock. Okay# I am sorry. I thought it was National.
Mr. Knox: Thank you very much, Mr. Mayor, and I will be brief. I think that
we agree with Mr. Cardenas that both applications meet all the requisites.
We, however, must point out that the ordinance suggests the principle of first
in turn, first in right, and the City records do reflect that the application
is being sought by E. A. Hancock relative to location Number 8, was submitted
to the Department in November of 1984• the permit to which Mr. Cardenas
refers was granted on June 5, 1984. Now, we have to point out two things in
all candor. Number 1, the application subsequent to his submission was
returned and marked "void" by the Department for an erroneous reason. They
did so, because they noticed that we had asked for a location along I-95, and
of course you had not adopted your ordinance at that time. However, rather
than submit new applications, all we did was amend the existing application to
conform to your legislation, and indeed, even in 1984, when we made
application, there is the following language, which was stamped on the face of
it - that this application must comply with Ordinance Number 9500 and with any
decisions, ordinances and/or resolutions pertaining to all site signs passed
by the Miami City Commission, and we believe that that language vests our
rights at a prior time to an application of Flutie, and we ask you to consider
that before you even reach the question of which location might be preferred.
Mayor Ferre: Anything else?
Mr. Cardenas: Just to conclude or quickly rebutt, I welcome you to ask staff
which application they feel has priority in their interpretation of the
ordinance. I submit to you the permit is the proof of the pudding, and I've
got it right here. Thank you.
Mayor Ferre: All right now. Anybody else want to add any pearls of wisdom?
What is the will of this Commission? Don't all speak at once!
Mr. Carollo: Mr. Mayor, let me say this for the record, that Bob Traurig
better look out! He is going to have some tough competition real soon from
Mr. Cardenas!
Mayor Ferret You Republicans always stick together, don't you?
Mr. Carollo: Hey, you Democrats stick together pretty good.
Mayor Ferret That is not always so.
Mr. Carollo: But, quite frankly, I am learning from a colleague who is a
Democrat, in some of his diplomacy.
Mayor Ferret Okay.
Mr. Carollo: I think Mr. Cardenas is correct that we have to consider this
one first and I think that this is the ordinance that we drafted and we have
to go by that, therefore, based on that, I have to make a motion for denial of
this site, and for the record+ to conform with the statement that Mr. Cardenas
made that we have to consider this first, not consider this as to compare it
with the other one. I make a motion for denial
Mayor Ferret For denial of Item Number ...
221
September 12, 1985
Mr. Carollo: ... 95, which is Item dumber 6, My reason is the iodation# where
it is at.
Mayor Ferre: ao there is a motion for the denial of Item 95, which is 'Plutie
Outdoor's petition,
Mr, Carollo: That is correct.
Mayor Ferre: Okay, now is there a second? Is there a second? Is there a
second. All right, it dies ,,,
Mr. Plummer: Let me ask a question. Mr. Whipple, if the Item 6 ...Yet me see
this - I can't even understand this.
Mayor Ferre: Item 6 is Agenda item 956
Mr. Plummer: No, I understand, Mr. Mayor. Would you have recommended Item 8,
if 6 was not here? Or, did you choose between the two, you would have
approved either one, but you approved one?
Mr. Whipple: No, sir. Our concern with Number 8, as I indicated at the
beginning, and perhaps not strongly enough, as it is involved in and around
residential area and is in fact, is located in the front yard of a residential
use, I am sure we would have recommended singularly, we would have also
recommended denial if there was only one.
i
Mr. Carollo: Commissioner Plummer, let me translate to you what Mr. Whipple
is trying to tell you. His concern can be described in one word - Hancock.
Mayor Ferre: All right.
a
A
Mr. Plummer: My next question has to be to the City Attorney. You have heard
the question raised by Mr. Cardenas ... excuse me, raised by Mr. Knox, and an
answer by Mr. Cardenas. Do you have any disagreement with that, or
disagreement with Mr. Knox?
3
Mrs. Dougherty: The reason for having that provision Number 6 in setting up
those priorities which gives an order in which the hearings are going to be
made not to give priority for one location over another. That is still going
to be totally within within your purview to make that kind of legislative
decision, which one of the two signs you like best. Just to give an order on
who is going to be heard first, is the priority that we established by whoever
had the oldest permit. That is why, in this hearing you should hear Mr.
Cardenas' hearing, but it doesn't mean you have to accept that application.
P
You accept the application you like best.
Mr. Plummer: So what you are saying is, that Mr. Knox' statement about the
first in order is not necessarily a correct statement.
Mrs. Dougherty: You are going to be heard first.
Mr. Plummer: Just to be heard, all right.
Mr. Cardenas: But, if I may, Mr. Plummer, I think the City Attorney would
also tell you that since this is a special exception, you would rule
exclusively on the merits of this particular application, and on its
comparison with Item Number 8 and if we met the criteria for a special
exception, based on what you have heard this evening, then Item 8 became moot
as a result of its being heard subsequent to ours.
Mr. Whipple: Mr. Vice -Mayor, I have a picture of the house on Number 8.
Mr. Carollo; Yes, he gave us plenty of pictures.
Mr. Knox: If, I may - members of the Commission, as you consider this
question, if you are considering the staff recommendation, please consider
also that the property was leased from the property owner and that I am sure
that owner would appreciate the staff's concern about what is located in his
or her yard, but the ultimate decision hap been made by the property owner
when they entered into a lease with E. A. Hancock.
ld 222 September 12, 1985
Mr, bawkinst How much do you pay.? What is the lease rate? $10,00?
Mr, Knox: That id a private contracts and as an attorneys I would not wish to
reveal that. If one of the Hancocks would wish tot they may,
Mayor Verret Does Flutie have any other applications?
,
Mr. Cardenas:
Not we do not,
Mr. Plummer:
As I understand itt all of the applications belong to Hancock
with the exception of two.
1
Mr. Cardenas:
That 3.s correct.
"
Mayor Ferre:
Is there a conflict in the other one too?
Mr. Plummer:
What is the other one, on the map? What number?
Mr. Whipple:
Number 8.
Mr. Knox: The National Advertising application.
'
Mr. Plummer:
Which one?
x
` 1
Mr. Whipple:
Number 7.
f
Mayor Ferre:
7 conflicts with 9.
s
Mr. Plummer:
But it is not a conflict now. With the amendment, it is not a
conflict.
Mayor Ferre:
Yes, it is with 9.
_
Mr. Plummer:
No, sir. Not under the amendment, because they face different
F
t
ways.
;
Mr. Carollo:
Number 10, not 9.
Mr. Plummer:
Is there a conflict between 7 and 9, or not?
tR
i
Mr. Dawkins:
It is not in a conflict with 10.
Mr. Plummer:
I thought the only conflict was between 6 and 8.
".R
Mr. Whipple:
No, there is conflict between 7 and 9.
{'
Mr. Dawkins:
But no conflict between 7 and 10?
Mr. Whiple: Not according to the City Attorney.
Mr. Dawkins: Okay.
Mayor Ferre: Okay, let's go. What is the will of this Commission?
Mr. Carollo: I made a motion, Mr. Mayor, but ..
Mayor Ferre: I accept it.
Mr. Carollo; The motion is to deny Item 95.
Mayor Ferre: I accept that as a motion. Is there a second? Is there a
second? Is there a second?
Mr. Perez: Mr. Whipple,why did you establish a difference between 6 and 8,
because is in a residential area and the other in the industrial district?
Why do you establish the difference, that you recommend one and deny the
other?
14 223 Sevtembep 120 1985
t
Mr. Whipple! We do not believe that a general advertising structure Iodated
in a residential site and an area that has other residential uses around itj
even though it is zoned industfialj is a good land use tot that site. We
believe the site should remain residential and should not have the adverse
impact of a commercial development. The other site is not only zoned it is
utilized for commercial development and a sign would not have any impact on
that site, or with the other industrial uses in that area.
Mayor Ferret Well, what is the will of this Commission? Well, I guess we are
not going to decide 95.
Mr, Plummer: Well, excuse me. Is Commissioner Carollo's motion dead?
Mayor Ferret Well, nobody seconded it, J. L.
Mr. Carollo: I made a motion for denial. It hasn't been seconded.
Mr. Plummer: I make a motion to approve.
Mayor Ferret All right, there is a ...
i
Mr. Perez: I second Commissioner Carollo's motion.
j Mr. Plummer: Carollo's motion?
Mr. Perez: Yes.
i
Mr. Plummer: Oh, okay. I withdraw my motion.
Mayor Ferret No, there is a motion by Carollo on 95• It has been seconded by
Perez. Is there further discussion? This is a motion for denial.
Mr. Carollo: Item 95, which is Billboard Number 6.
Mayor Ferret All right, further discussion?
i
Mr. Carollo: No further discussion.
3 Mayor Ferret Call the roll.
3
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-958
A RESOLUTION DENYING THE APPROVAL OF ONE OUTDOOR
ADVERTISING SIGN PURSUANT TO ORDINANCE NO. 9500, AS
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS,", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS." OF SUCH
ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT APPROXIMATELY 640 NORTHWEST 26TH STREET, ALSO
DESCRIBED AS LOT 4 LESS RIGHT-OF-WAY FOR INTERSTATE I-
95 AND LOT 50 BLOCK 3, EDGEWOOD (8-105), AS PER
LOCATION PLAN ON FILE, SAID O.A.S. TO BE LOCATED 50'
WEST OF THE RIGHT-OF-WAY LINE OF INTERSTATE I-95,
BEING 65.0' IN HEIGHT FROM GRADE (GRADE AT ELEVATION
13.20'); ZONED I-1/7 LIGHT INDUSTRIAL; WITH A TIME
LIMITATION OF SIX (6) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk,)
ld 224 September 12, 1985
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
Vice -Mayor doe Carollo
NOES., Commissioner J. L, Plummer
Mayor Maurice A. 1+erre
ABSENT., None,
Mayor Ferret So it is denied, Go ahead now. Make your other motion,
------------------- --- - -----
99• DENY REQUEST TO ALLOW ONE OUTDOOR ADVERTISING SIGN AT 1512 N.W. 7TH
AVENUE.
----------------------------------------__..�_-�-� _---------- ------
Mr. Plummer: Now we are on Agenda Item 96.
Mayor Ferre: That is what I am saying. Well, we have heard Item 96,
basically.
Mr. Carollo: No.
Mr. Plummer: No.
Mayor Ferre: Oh, isn't Item 96 Number 8?
Mr. Carollo: Item 96 is what? ... 7 or 9?
Mr. Carollo: Item 7.
Mr. Whipple: The location of this is 1512 N. W. 7th Avenue. it is sign
Number 7 on our board. It is in conflict with sign Number 9 on our board,
which is
Mr. Dawkins: Can we speed this up, please?
Mr. Whipple: Whatever you would like to do, Commissioner.
Mr. Dawkins: Please.
Mr. Whipple: Very simply, we recommend denial of sign Number 7, or Agenda
Item 96, and we also recommend denial of Number 9, also, which is Agenda Item
98.
Mayor Ferre: I'm getting confused between 9 and 96. Are you recommending
agenda item 96?
Mr. Whipple; We are not recommending Item 96.
Mayor Ferre: You are opposed to 96.
Mr. Whipple: We are not recommending Item 98.
Mr. Dawkins: Item 96 is which one up there?
Mr. Whipple; Number 7.
Mr. Dawkins; And you are not recommending that?
Mr. Whipple: No, air.
Mr. Dawkins: All right.
Mr. Whipple; We are not recommending Number 9, which is Item 98.
id 225 September 12, 1985
Mayor Terre: All right, what is the will of the Commission on Item Number 96?
Mr, Carollo; Can we see it up there on the Board?
Mr6 Bruno Gustinelli: I wish to say just a few words.
Mayor Ferre: Of courses go right ahead, t am sorry. Yes, make your
statement.
Mr. Gustinelli: Okay.
Mr. Carollo: Can we still see it, Mr. Whipple?
Mr. Dawkins: Did you make slides of it, Mr. Whipple?
Mr. Whipple: Yes, I did. Number 7, is the vacant lot extending to the right
of the red car on the westerly side of 7th Avenue and on the northerly side
of 15th Street. This is another shot looking around the building, which is
the site of Site Number 9, so in this slide you can see both sites, the vacant
lot is Number 7• Number 9 is here at this black building.
Mayor Ferre: All right, any further discussion on Item 96? All right, make
your presentation.
Mr. Gustinelli: All right, thank you. Mr. Mayor, Gentlemen of the City
Commission, my name is Bruno Gustinelli, and I am the real estate
representative for 3-M National Advertising Company. We are in the
Advertising Services Division of the 3-M Company, which is Minnesota Mining
and Manufacturing, and we are the largest outdoor advertising company in the
State of Florida. Our office is located at 2640 N. W. 17 Lane, in Pompano
Beach. We have been operating in the City of Miami for the past 15 years. I
come before you today to seek approval of one double-faced sign location.
Mr. Dawkins: Double-faced?
Mr. Gustinelli: Yes, one double-faced sign location at the N. W. corner of I-
95 and the the State Road 836 intersection. The street address of the
proposed sign location is 1512 N. W. 7th Ave. As you are aware, our proposed
sign location was denied by the Zoning Board at the August 9th meeting because
it could provide a distraction, impacting driver's safety. As I have outlined
in my letter to the Commission on September 10, 1985, which you all should
have received by how, 3-M National believes that there is no factual basis to
support the concept that our sign is a traffic or safety hazard. 3-M Company
would never allow us to be involved in any sign location that could prove to
be either an unsafe structure, or poses a potential threat to driver safety.
Now, we understand that the points we are about to discuss should have been
presented before the Zoning Board, however due to the initial time between the
staff's recent recommendations and the Zoning Board meeting, we did not have
enough time to conduct a traffic safety study on our proposed sign location.
However, since the August 9th meeting we have hired transport Analysis,
professional transportation consultant group to conduct an in depth study of
our situation, so at this time, if it is the pleasure, or if it is the will of
the Commission to ask some questions to Mr. David Reinard from Transport
Analysis, you can do so. And at that time, if you wish to ask him some
questions, Mr. David Reinard will address the concerns that the Planning
Department and the Zoning Board had with our proposed sign. So, Gentlemen, do
you have any questions to ask to Mr. David Reinard?
Mr. Dawkins; No, but I have a question of Mr. Whipple, though, sir. Mr.
Whipple, didn't we say no double sided signs, only one sided? ... or am I in
error in thinking that?
Mr. Whipple; It was misleading. It does allow two faces parallel to one
another, back to back. That constitutes one sign, but allows two faces.
Mayor Ferre; All right, Mr. Gustinelli, anything else? Thank you, very much,
sir.
Id. 226 September 12, 1985
Q
Mr. Gustinelli:
Well# I do have #.. if I may# In conclusion, I would
ask you
to consider the
fact that to base your decisions on factual evidence
and not
�;.
on the Zoning
Board's recoftmendatiohs, concerning the traffic
safety
situation) and I
thank you for your time.
Mayor Ferre: All right) thank you. Any questions? Yes# sir, Mn Knox,
Air. George Knox:
I just advise the Commission, now that you are all
here#
that there is a
conflict between Item 96 and 98, If you approve 961
then you
will be precluded from approving Item 98. They are within a block
of each
1
other.
t Mayor Terre: Do you want to make your presentation on Item 980if the
Commission wishes to hear it?
`I
I Mayor Ferre: All right, sir.
Mr. Gustinelli: Before you make a motion, I would like to pose the fact that
if you have any traffic safety questions before this application of National
and the Item 90 which is Agenda item 98, please do so. Thank you.
Mayor Ferre: Now, are there any questions? If not, is there a motion?
Mr. Carollo: There is a motion to uphold the Zoning Board's and the Planning
Department's recommendation for denial.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
Mr. Dawkins: George, I am not goinng to let you by at a thousand., I am not
going to let you by at a thousand.
Mayor Ferre: Call the roll, please.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-959
A RESOLUTION DENYING THE APPROVAL OF ONE OUTDOOR
ADVERTISING SIGN PURSUANT TO ORDINANCE NO. 9500 AS
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS.", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS." OF SUCH
ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURED WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT 1512 NORTHWEST 7TH AVENUE, ALSO DESCRIBED AS
LOTS 13 AND 14, BLOCK 1, HIGHLAND PARK (2-13), AS PER
LOCATION PLAN ON FILE, SAID O.A.S. TO BE LOCATED 127'
NORTH OF THE RIGHT-OF-WAY LINE OF THE EAST -WEST
EXPRESSWAY (STATE ROAD 836)0 BEING 65' IN HEIGHT FROM
GRADE (GRADE AT ELEVATION 11.0'); ZONED GC-1/7 GENERAL
COMMERCIAL; WITH A TIME LIMITATION OF SIX (6 ) MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote-
14
227
September 12, 1985
� fi
AYES,. Commissioner Dettmetrio Perez, it,
Commissioner Miller J, Dawkins
Commissioner J, L. Plummert 3r,
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None&
ABSENT! None.
100. ALLOW ONE OUTDOOR ADVERTISING SIGN (O.A.S.) AT 643 N.W. 27th
STREET.
--------------------------------------------- ------------ _--------
Mayor Ferre: Agenda Item Number 97.
Mr. Whipple: Item 97 is Sign Number 3, which was one of those signs in
conflict, that is now within 1,500 feet of an approved sign.
Mr. Plummer: And you approved 9?
Mr. Carollo: 97 is what again?
Mr. Whipple: Item 97 was Sign Number 8, which was in conflict with Number 6.
You have approved 6, and therefore 98 is within 1,500 feet and cannot be
approved.
Mr. Carollo: I make a motion for upholding the Zoning Board's recommendation
for approval.
Mayor Ferre: Well, we have approved 6?
Mr. Plummer: No, 6 was denied.
Mr. Whipple: Oh, I stand corrected! I had them backwards, I am sorry.
Mayor Ferre: That is what I thought, okay. All right, there is a motion,
then, on approval then on Agenda item 97. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion?
Mr. Plummer: Yes, yes, I haven't seen the landscaping.
Mayor Ferre: Triple the landscaping.
Mr. Carollo: One bird -of -paradise.
Mayor Ferre: Do you include that in the motion? All right, further
discussion? Call the roll with a triple landscape plan.
Mr. Dawkins: And two birds -of -paradise.
Mr. Carollo: Miller wants a bird for himself there too! Two birds -of -
paradise!
Mr. Plummer; I haven't seen the landscaping plan! The ordinance says that
I've got to see it and approve it.
Mr. Whipple: What number is this, Commissioner?
Mr, Plummer; This is 8 on your map.
Mayor Ferre; Double it anyway.
ld
228
September 12, 1955
Mr. Plummer; No) let me tell you! Look at this. It has got four trees on
this onej which he should have had on each one of them.
Mr. Dawkinst They put those on after you raised hell, .7.L.
Mr. Carollot This one looks good.
Mr. Plummer: That one I've got to tell you looks good!
Mayor Ferret. Is that Charlie's drawing?
Mr. Knos: It's an architect in the back room
Mr. Carollo; I think three palm trees ...are from the other building.
Mayor Ferree. All right, call the roll.
Mr. Plummer: Tripple the landscaping.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-960
A RESOLUTION GRANTING THE APPROVAL OF ONE OUTDOOR
ADVERTISING SIGN PURSUANT TO ORDINANCE NO. 9500, AS
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS.", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS." OF SUCH
ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT 643 NORTHWEST 27 STREET, ALSO DESCRIBED AS
LOT 23, BLOCK 1, EDGEWOOD SUBDIVISION (8-105), AS PER
LOCATION PLAN ON FILE, SAID O.A.S. TO BE LOCATED 90'
WEST OF THE RIGHT-OF-WAY LINE OF INTERSTATE I-95,
BEING 54.83' IN HEIGHT FROM GRADE (GRADE AT ELEVATION
10.17'); ZONED 1-1/7 LIGHT INDUSTRIAL; WITH A TIME
LIMITATION OF SIX (6) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
Id
229
September 12, 1985
101, ALLOW ONE OUTDOOR ADVERTISING SIGN (O.A.S.) ATt 1483 N.W+
7TH AVENUE.
Mayor Ferret The next one is what?
Mr. Whipple: Agenda item Number 98, sir.
Mr. Dawkins; No black olives!
Mr. Whipple: It is Sign Number 9, and it is located at 14831 N. W. 7th Avenue
and the Department recommended denial.
Mayor Ferre: What is the will of this Commission?
Mr. Carollo: Where is the landscaping? May we see it, please?
Mr. Plummer: What is this, over the woman's jail?
Mr. George Knox: No, sir, that is Joe Clein, Bail Bondman's operation, right
in the center.
Mr. Plummer; Number 9?
Mayor Ferre: It sounds like an improvement.
Mr. Whipple: Yes, sir, that was one the two signs.
Mr. Carollo: They are separate items.
Mr. Plummer: What is it on the agenda?
Mr. Knos: Number 98
Mr. Carollo: 98.
Mayor Ferre: Anybody wish to speak to this?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Bruno Gustinelli: Yes, my name is Bruno Gustinelli, with National
Advertising Company, 2640 N. W. 17th Lane, Pompano Beach, Florida. I would
like to ask the City Commission, when you consider this one, also to consider
the one that you have just recently denied. To my opinion, and especially
about the landscaping plan, I think that you know, we can probably do a better
job of landscaping, even if you triple it, or even if you multiply it by ten,
you can put trees all over the place, and also the fact like I am telling you,
like Madam City Attorney said, I think that my application was before, because
of the age of my building permit, so that it should be heard before the other
one - is that what you said the last time?
Mayor Ferre: It was heard. It was denied.
Me. Dougherty: They heard it.
Mayor Ferre: It was before we heard this one. We heard it and denied it.
Mr. Gustinelli: Okay, so anyway, this is what I have to tell you. Thank you
Mr. Carollo: The landscaping seems to be a little better.
Mr. Dawkins: I
landscaping gets.
wonder why the nearer they get to the bottom, the better the
(INAUDIBLE BACKGROUND COMMENTS
Mayor Ferre; All right, what is the will of this Commission?
ld
230
September 12, 1905
77 }
ak
Mt. Carollo! I feel like the bird -of -paradise is missing.
Mayor Ferret Shall we double this one?
Mr. Plummer: Triple!
Mayor Ferret Triple the landscaping.Who moves it?
Mr. Carollot I make a motion on Agenda Number 98 for approval.
Mayor Ferre: Is there a second?
Mr. Perez? Second,
Mayor Ferre: Second by Perez. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-961
A RESOLUTION GRANTING THE APPROVAL OF ONE OUTDOOR
ADVERTISING SIGN PURSUANT TO ORDINANCE NO. 9500, AS
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS.", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS." OF SUCH
ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT 1483 NORTHWEST 7TH AVENUE, ALSO DESCRIBED AS
LOTS 8, 9, 10, 11 AND 12, LESS PORTION DEDICATED TO
RIGHT-OF-WAY, BLOCK 2, ROBERTS AND GRENTNER ADDITION
(10-56), AS PER LOCATION PLAN ON FILE, SAID O.A.S. TO
BE LOCATED 105' WEST OF THE RIGHT-OF-WAY LINE OF
INTERSTATE I-95, BEING 53.45' IN HEIGHT FROM GRADE
(GRADE AT ELEVATION 11.45'); ZONED 1-1/7 LIGHT
INDUSTRIAL; WITH A TIME LIMITATION OF SIX (6) MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
102. ALLOW ONE OUTDOOR ADVERTISING SIGN (O.A.S.) at: 650 N. W. 17th STREET.
Mayor Ferre: Take up Agenda Item Number 99•
Mr, Whipple: Agenda Item 99 is Sign Number 10, located on the same Board. It
is located at 650 N. W. 17th Street,
3d
231
September 12, 1985
Mr. Plumittert Where is the Manager?
Mr, Whipple: This is a second sign out of the ten that the Department
recommended approvals
Mr. Dawkins: to you have any opposition on this one so I can give it to them)
George?
Mr, Knox: No sir, even the staff approves this.
Mayor Ferre: All right, everybody approves this, staff and everybody.
Tripple the landscaping
:.
Mr. Carollo: Triple the landscaping and a bird -of -paradise.
Mayor Ferre: Carollo moves. Dawkins seconds. Further discussion?
Mr. Plummer: It is the last one of the night, Mr. Mayor. I want this one
j
quadrupled!
t
Mayor Ferre: Quadrupled.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Is that where you plan on getting them?
Mayor Ferre: All right, call the roll.
i
i
The following resolution was introduced by Commissioner Carollo, who
j
moved its adoption:
RESOLUTION NO. 85-962
A RESOLUTION GRANTING THE APPROVAL OF ONE OUTDOOR
ADVERTING SIGN PURSUANT TO ORDINANCE NO. 9500, AS
i
AMENDED, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS,
PAGE 5 OF 6, CG GENERAL COMMERCIAL DISTRICTS, AND
SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS AND
REQUIREMENTS.", SUBJECT TO THE STANDARDS AND REVIEW
PROCEDURES FOR SPECIAL EXCEPTIONS AS SET FORTH IN
ARTICLE 26 ENTITLED "CLASS D SPECIAL PERMITS AND
SPECIAL EXCEPTIONS, DETAILED REQUIREMENTS." OF SUCH
ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN
FACES AT 650 NORTHWEST 17TH STREET, ALSO DESCRIBED AS
LOT 32, BLOCK 10, ROBERTS AND GRENTNER ADDITION (10-
�'
56) , AS PER LOCATION PLAN ON FILE, SAID O.A.S. TO BE
LOCATED 140' WEST OF THE RIGHT-OF-WAY LINE OF
A,
INTERSTATE I-95, BEING 53.51' IN HEIGHT FROM GRADE
(GRADE AT ELEVATION 11/40'); ZONED I-1/7 LIGHT
INDUSTRIAL; WITH A TIME LIMITATION OF SIX(6) MONTHS IN
„.
WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
i
Upon being seconded by Commissioner Dawkins, the resolution was passed
F?
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
�r
NOES; None.
ABSENT: None.
r ,
iki: }iC 2jn T4 -
232 September i2l 1955
+�r
NOT% , PUl _' B _ _ 00,1. MAYOR MAURICE RUE PUBLICLY COMMENDS Mt'& RICHARD
WHIPPLE ON HIS RETIREMENT FOR THE MANY YEARS OF OUTSTANDING SERVICE TO
THIS CITY,
103. ACCEPT RECOMMENDATIONS MADE FOR THE DEVELOPMENT OF STRUCTURAL AESTHETIC
STANDARDS BY THE PLANNING DEPARTMENT, IN CONJUNCTION WITH SIGN INDUSTRY.
Mr. Plummer: I move Agenda Item 100.
Mr, Perez: Second.
Mayor Ferre: All right, there is a second by Perez. Further discussion?
Call the roll.
Mr. Plummer: "Aesthetic standards for outdoor advertising". No blues,
purples greens, red, or indigo violet!
Mr. Carollo: Mr. Mayor, are we done it?
Mr. Plummer: No, we are doing it on Item 100 right now.
Mayor Ferre: Then we have three others.
Mr. Carollo: What is 100?
Mr. Whipple: This is more or less a direction for the Department to take a
look and see what kind of standards there should be.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-963
A RESOLUTION DIRECTING THE CITY MANAGER TO REQUIRE THE
PLANNING DEPARTMENT TO DEVELOP STRUCTURAL AESTHETIC
STANDARDS FOR OUTDOOR ADVERTISING SIGNS IN CONJUNCTION
WITH THE SIGN INDUSTRY, WITH SUCH STANDARDS TO BE
APPLIED UNIFORMLY TO ALL APPROVED OUTDOOR ADVERTISING
SIGNS.
(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,
MOTH FOR THE RECORD: AT THIS POINT, AGENDA ITEM NO. 52 WAS WITHDRAWN FROM THE
RECORD. _
233
September 12, 1985
104. ALLOCATE $15i000 TO DEPARTMENT OF PARKS AND RECREATION FOR DEDICATION
CEREMONY OF MOORE PARK:
Wi�i+:YG�iYi�)il �ii�G�i�ii�3ir���iliiiG��iiG iiiL�iLL3iY�ii���C:ii�G�i'L:��iS�iG�ri "+ram "' YZr" iG .••.. �i��tGiiii'i�'iY�.7i15�
Mayor Verre: Who moves Agenda item 49? That is a quick one6
Mr. Plummer! Move it.
Mayor Ferre: Plummer moves.
Mr. Carollo: Second,
Mayor Ferre: Second by Carollo. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-964
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND TO THE DEPARTMENT OF PARKS AND RECREATION, IN
SUPPORT OF THE DEDICATION CEREMONY FOR MOORE PARK.
(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-
14
234
8eptoOer 92, 1985
- AYES. Commissioner DemOtrlo Peret) JN
.`._ Comrnissionet` j'. t, Plummer# Jr+
;;.. Vice=Mayor Joe Catoilo
Mayon Mauride A, Fet're
NOES: None
' ABSENT: Commissioner Miller J, Dawkins+
.,-.
--ir.�"�a►��Y�.iiW_i����YY—_W----iiGi�ii3Y�iir�i++i,_...,...3�rY���iri�ri+i��ii��ri`i�ii. aii— ��iY�iiiiwiiiil
105• REJECT SOLE PROPOSAL RECEIVED FOR STREET CLOCK TIME AND TEMPERATURE
DISPLAY BY "RELIATIME, INC.".
i
'
Mayor Ferre: Take up Agenda Item Number 50.
Mr. Plummer: Move it.
i
Mayor Ferre: Plummer moves.
Mr. Rodriguez: The Planning Department recommends denial.
Mayor Ferre: Go ahead, quickly.
Mr. Rodriguez: The Planning Department recommends ...
Mr. Plummer: Yes, I moved to deny! I am approving the item as it is on the
agenda, which is to deny.
Unidentified Speaker: I am here to represent Reliatime, which is the street
clock project of the City, which has been approved in principle as to the
concept by the City Commission. It was put out to bid. We bid upon it and I
am here to answer any questions you may have regarding our compliance with the
RFP.
°
Mr. Plummer: Why are you recommending to reject it?
}
Mr. Rodriguez: The Administration and the Selection Committee based on the
criteria establishing the RPF found that the proposal by the Applicant,
Reliatime, didn't conform to the RFP based on the memo dated September 3,
1985-
� t
x
Mr. Plummer: That is it. I move Item 50 as presented to reject.
4
Mayor Ferre: In other words, they didn't follow the RFP?
Mr. Plummer; They are not a bidder. How can they be bidder if they didn't
comply with the RFP?
;` '.
°.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Do you want to say anything else?
1,
Unidentified Speaker: Well, yes, I ...
f>
Mr. Plummer: I keep saying that. In effect, there were no bids.
Unidentified Speaker: I wrote a letter to Mr. Pereira, describing in detail
every one of the points that he raised and I think it is a fairly convincing
letter. It is the letter of July 6th.
Mr. Plummer: Excuse me, sir. I didn't see the letter. I am not an expert.
These gentlemen say that you didn't comply with the RFP. I have to go on
their word, as as far as I am concerned, I think you were foolish to even
bring it here, because to me, there were no bidders. If no one complied with
the RFP there were no bidders! It is just that simple,
September 12, 1955
Mayon Terre: Call the roll.
The following, resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION U0. 85-965
A RESOLUTION CONCURRING WITH THE RECOMMENDATIONS OF
THE CITY MANAGER AND SELECTION COMMITTEE AND REJECTING
THE SOLE PROPOSAL FOR STREET CLOCK TIME AND
TEMPERATURE DISPLAY BY RELIATIME, INC. AS
NONRESPONSIVE TO THE REQUEST FOR PROPOSAL CRITERIA AND
STANDARDS ISSUED ON JANUARY 11, 1985,
i
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
i
1d 236 September 12, 1985
l�
s:mssxscrosmsasses:s�cscresasY+sssasrssssMsssanrarss.:rims.rsssas�crr�mssssscssats�sassr�c�ca
106, RATIFY CITY MANAGER'S EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH
FLORIDA MEMORIAL COLLEGE (provide Human Relations Training for Police
Department)
Mr. Plummer: I seeonddd item 51.
Mayor Ferret Is there a motion on Florida Memorial College? .,, Agenda Item
516
Mr. Plummer: Dawkins moves.
Mr. Dawkins: Move it.
Mayor Ferret Dawkins moves. Is there a second? Second by Plummer. Call the
roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-966
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN EXECUTING A PROFESSIONAL
SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH FLORIDA MEMORIAL COLLEGE TO PROVIDE
HUMAN RELATIONS TRAINING FOR THE CITY OF MIAMI POLICE
DEPARTMENT WITH FUNDS THEREFOR ALLOCATED IN AN AMOUNT
NOT TO EXCEED $68,157.08 FROM FISCAL YEAR 1984-85
BUDGETED POLICE DEPARTMENT FUNDS.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: AGENDA ITEM NO. 52 WAS WITHDRAWN.
107. DEFER PROPOSED EXECUTION OF CONTRACT WITH TOUCHE ROSS AND COMPANY FOR
PROFESSIONAL SERVICES - (Cost reduction in City's lighting system).
Mayor Ferret Agenda Item 53 is a contract with City of Miami and Touche Ross
currently Touche Ross scored 61 out of 70 in minorities.
Mr. Plummer; I want to defer that and I want to tell you why. I think
Florida Power and Light has an obligation to do this. I really do.
Mr, Carollo; I agree.
Mr. Plummer;
ld
And I want the Administration to talk to them and express to
237
September 12, 1985
'wr
A
w
It
them that thig 06Mitai6ft Vahta theth to db that study and we feel they are
obligated.
MAybr Petra: Okay, thi.§ iteffi is deterred. PluftffieP fabveg that it be deterred.
ear6llb doofids - call the roll,
XQ"X-,TQ-DEFER- Upon inotion Duly Made and Seconded,
this Item Vag deterred by the following vote!
AYES-. Co=iasioner Detaetrio Perez, Jr.
CbmMigaioher J. to Plurmerg Jr.
Vice -Mayor Ibe Carollo
Mayor Maurice A. Terre.
NOESs None
ABSE;T!Commissioner Miller J. Dawkins
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE
MEETING WAS ADJOURNED AT 10:26 P.M.
ATTEST:
Matty Hirai
CITY CLERK
14
Maurice A. Ferre
M A Y 0 R
INCORP )RATED
18196
238
September 12, 19B5
n 7 4 •1
lyV OF N+IAMI
DOCUMENT
MEETING DATE
SF.P`I'EMBER 12, 1985
NDEX
COMMISSION RE RIEVAI
DOCUMENT IDENTIFICATION ACTION A'QD CODE NO.
URGE FLORIDA LEAGUE OF CITIES, INC. TO 85-803
NOMINATE MARTIN YELEN FOR THE F'LORIDA'S
MUNICIPAL OFFICIAL 01. T1i1 YEAR "F. HARRIS
DREW AWARD".
RATIFY/APPROVE/CONFIRM RELAXATION OF TIME
LIMITATIONS ON THE DISPLAY OF FIREWORKS
AT VILLA VIZCAYA (SEPTEMBER 10,1985) IN
CONNECTION WITH THE STATE DINNER IN CON-
JUNCTION WITH SOUTHERN GOVERNORS' CONFERENCE.
RATIFY/APPROVE/CONFIRM THE AMOUNT OF $12,000.
TO PARTLY DEFRAY THE COST OF SOUTHERN
GOVERNORS' CONFERENCE LUNCHEON SESSION
"FOCUS ON THE LATIN AMERICAN COMMUNITY"
(SEPTEMBER 9, 1985).
EXPRESS DEEPEST SYMPATHY/SINCEREST CONDOLEN-
CES TO THE FAMILY/FRIENDS OF MIAMI POLICE
OFFICER MANUEL LOPEZ, UPON HIS TRAGIC DEATH.
EXPRESS DEEPEST SYMPATHY/SINCEREST CONDO-
LENCES TO THE FAMILY/FRIENDS OF CONCHITA
CASTANEDO UPON HER DEATH.
ENDORS THE CANDIDACY OF' BETTY ANDREWS LANTZ,
(VICE MAYOR OF THE CITY OF SOUTH MIAMI,
FLORIDA) FOR THE OFFICE OF SECOND VICE-
PRESIDENT OF THE FLORIDA LEAGUE OF CITIES.
RESCHEDULE REGULAR CITY COMMISSION MEETING
OF NOVEMBER 28, 1985 TO TAKE PLACE ON NO-
VEMBER 26, 1985 AT 9:00 A.M.
AUTHORIZE AN AGREEMENT WITH THE NATI0NAL
CENTER FOR MUNICIPAL DEVELOPMENT, INC.
TO CONTINUE REPRESENTATION IN WASHINGTON
D.C. BY MR. MARK ISRAEL (MAN IN WASHINGTON
PROGRAM. $20,000.).
APPROVE EXTENSION OF EMPLOYMENT FOR VIRGINIA
LIEBERMAN (2 YEARS).
85-866
85-867
: : 1
85-873
85-875
DOCUFAENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION
APPROVE EXTENSION OF EMPLOYMENT FOR RUBEN
GONZALEZ (2 YEARS).
CLAIM SETTLEMENT: MERCEDES RODRIGUEZ. $12.000.
AUTHORIZE QUIT -CLAIM DEED TO JONATHON N.
BROOKS, N.W. CORNER OF LOT 14 OF FETHERSTONE
RIDGE SUBDIVISION.
AUTHORIZE TO ACCEPT TWENTY TWO (22) DEEDS
OF DEDICATION FOR HIGHWAY PURPOSES.
ORDER WYNDWOOD HIGHWAY IMPROVEMENT H-4514,
ETC......
ACCEPT THE COMPLETED WORK OF MELWEB SIGNS,
INC. ($71,630.) FOR COMMERCIAL DISTRICTS -
SIGNS, ETC........
ACCEPT COMPLETE WORK OF SCKEMA, INC.($68,232.42)
FOR COCONUT GROVE EXHIBITION CENTER RESTROOM
FACILITIES, ETC........
AMEND ASSESSMENT FOR CONSTRUCTION OF KOUBEK
SANITARY SEWER IMPROVEMENT IN KOUBEK SANITARY
SEWER IMPROVEMENT DISTRICT SR-5477-C (CENTER
LINE SEWER).
AMEND ASSESSMENT FOR CONSTRUCTION OF WEST
TRAILVIEW HIGHWAY IMPROVEMENT IN WEST TRAIL -
VIEW HIGHWAY IMPROVEMENT DISTRICT H-4447,
ETC....
AUTHORIZE PURCHASE OF ONE KUT-KWICK MODEL
HT16-60 MOWER. ($5,850.00)
AUTHORIZE PURCHASE OF ONE DICTAPHONE, THIRTY
CHANNEL TRANSPORT LOGGER, TWO DUAL DECK
ACTIVITY MONITORS, TWO PRINTERS FROM DICTA -
PHONE CORP., A. PITNEY BOWES CO. ($31,705.75),
ETC.....
TION AND CODE
85-880
85-881
: f-'W
DOCUMENTimiNDEX
CONTINUED
DOCUMENT IDENTIFICATION I COMMISSION
A/'`TTl1A1
RATIFY/CONFIRM THAT THF, RFQUIRVMEN`IS, FOR
85-891
SEALEDBIDS COULD NOT BE MET DUE TO A POWER
BLACKOUT EXPOSURE. APPROVE EMERGENCY PURCHASE,
OF AN INPUT TRANSFORMER FOR U.P.S.SYSTEM
($7,144.64).
ACCEPT BID OF F,.V.F-, INC. FOR `POW NEW
85-892
RESCUE AMBULANCES WITH THE OPTION TO BY
FOUR ($372,421).
ACCEPT BID OF XEROX CORPORATION FOR LEASE
85-893
OF ONE. ELECTRONIC COPIER FOR 5 YEAR, ($48,(8LL2_) .
ACCEPT I3ID OF JOHN W. BARON ROOTING FOR
85-894
FURNISHING ALL LABOR AND MATERIALS FOR
RE-REOOFING FIRE STATION #1.0. ($14,500.00).
ACCEPT BID OF NATIONAL DRAEGER, INC. FOR
85-895
BREATHING APPARATUS AND MISCELLANEOUS PARTS.
($250,847.82).
ACCEPT BID OF BRUNING CO. FOR FURNISHING
85-896
BLUEPRINT REPRODUCTION PAPER SUPPLIES,
($7,500.00).
ACCEPT BID OF UNIVERSAL COMMUNICATIONS
85-897
SYSTEMS, INC. FOR FURNISHING TELEPHONE
SYSTEM AT THE ORANGE BOWL. ($48,098.00).
ACCEPT BID OF GREATER MIAMI CATERERS FOR
85-898
FURNISHING MEALS FOR FOUR CITY DAY CARE
CENTER AND VFIVE PRE-SCHOOLS. ($73,181.00).
ACCEPT BID OF RIC-MAN INTERNATIONAL, INC.
85-899
FOR EDGEWATER HIGHWAY IMPROVEMENT IN EDGE -
WATER IMPROVEMENT DISTRICT. ($1,940,473.00).
ACCEPT BID OF M. VILA AND ASSOCIATES, INC.
85-900
FOR FIRE FESCUE AND INSPECTION SERVICES
- STORAGE•. MEZZANINE. ($10,090.00).
CONCERN ABOUT THE CLOSURE OF STREETS FOR 1 85-901
"FAMILY BICYCLING DAY" (SEPTEMBER 29, 1985).
RIE
DOCUMENTINDEX
CONTINUED
�... DOCUMENT IDENTIFICATION I COMMISSION RETRIEVAL
ACTION AND CODE NO.
ACCEPT THE ATTACKED CITY CLERK'S CERTIFICA-
TION AND RESULTS OF THE SPECIAL MUNICIPAL
ELECTION, (AUGUST 13, 1985) FOR CHARTED
AMENDMENT #1, ETC.....
ACCEPT THE ATTACHED CITY CLERK'S CERTII•'ICA-
TION AND RESULTS OF THE SPECIAL MUNICIPAL
ELECTION (AUGUST 13, 1985) FOR CHARTEIR
AMENDMENT #2, ETC.....
ACCEPT THE ATTACHED CITY CI,FRK' S CH*RTI F l -
CATION AND RESULTS OF T11E SPECIAL MUNICIPAL
ELECTION (AUGUST 13, 1985) FOR $7,000,000.
BAYFRONT PARK REDEVELOPMENT BONDS.
ACCEPT THE ATTACHED CITY CLE'RK'S CERTI.PI-
CATION AND RESULTS OF THE, SPECIAL MUNICIPAL
ELECTION (AUGUST 13, 1985) FOR EXTENSION/
COMBINATION/MODIFICATION OF TWO LEASE AGRE'DTIENTS
RELATED TO MONTY TRAINER'S PROPERTY.
AUTHORIZE QUIT -CLAIM TO MIAMI DADE WATER
AND SEWER AU`IHORITY THAT SERVE HORATIO'S
RESTAURANT LOCATED WITHIN THE ACCESS ROAD-
WAY TO RUSTY PELICAN RESTAURANT, ON VIRGINIA
KEY.
ACCEPT THAT A. CLEANING ASSOCIATES, INC.
TERMINATED ITS CONTRACT FOR CUSTODIAL SERVI-
CES AT M. ARTIME COMMUNITY CENTER: FURTHER
RATIFY THE ACCEPTANCE OF THE BID OF JAY
CEE CLEANING FOR CUSTODIAL SERVICES AT
M. ARTIME COMMUNITY CENTER ($23,700.00).
ACCEPT BID OF REX-TONE PAINT AND CHEMICAL
COMPANY (PAINTING SUPPLIES) FOR COMMUNITY
DEVELOPMENT DEPARTMENT. ($138,000.)
ACCEPT BID OF BELL AND HOWELL FOR FURNISHING
ONE MICROFILM CAMERA ABR-200 TO THE DEPART-
MENT OF POLICE ($12,996.00).
RATIFY/APPROVE/CONFIRM THE EXECUTION OF
THE ATTACHED AGREEMENT WITH CELLAR DOOR
CONCERTS, INC. FOR THE BRUCE SPRINGSTEEN
CONCERTS (ORANGE BOWL STADIUM, SEPTEMBER
9 - 10, 1985).
85-`)02
85-903
85-904
85-)05
85-907
85-908
85-909
85-910
85-911
ME
DOCUN�ENT�1 IV
CONTINUED
DOCUMENT IDENTIFICATION
ALLOCATE; $5000. IN SUPPORT OF THE HAITIAN
REFUGEE CENTER/SANT RHIFIJIE AYISYIN, INC.
( AUGUST 1. , 1985, THROUGH SEPTF•;MBER 30,
1985, ETC....
AUTHORIZE AN AGREEMENT WITH METROF'OE.I`I'AN
DADE COUNTY TO IMPLEMENT A PORTION OF DADf.E
COUNTY`S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM DURING THE 11 YEARS ACCEPT $16,000
TRANSI'ER FOR DADE: COUNTY.
ACCEPT PROPOSALS OF LE;ONARI) A. BIZ'L AND
CLAIR FRANKLIN BRILL APPRAISERS (FEE: $4,950.
AND $8, 000.) TO ESTABLISH FAIR MARKET VALUE
OF 13 LOTS FOR SOUTH AREA POLICI? SUBSTA-
TION, ETC....
AUTHORIZE ANA AMENDMENT IN THIS; I.ORM ATTACHED
HERETO TO THE AGREEMENT WITH METROPOLITAN
DADS COUNTY TO PROVIDF TIRE RESCUE AND
FIRE INSPECTION SERVICE; TO THE PORT Of-'
MIAMI.
APPROVE AN OFFER OF $725,000. PER APPRAISAL
OF LAND (81,283 SQUARE FEET UPLAND PLUS
372,046 SQUARE FEET SUBMERGED LAND FOR
PROPOSED SMALL PASIVE PARK AND/OR PUBLIC
MARINA AT APPROXIMATELY N.E. 69TI-I STREET
AND BISCAYNE BAY.
APPROVE FISCAL 1985-86 ADMINISTRATIVE BUDGET
OF MIAMI SPORTSAND EXHIBITION AUTHORITY.
AUTHORIZE AN AMENDMENT AND RESTATED LEASE
AGREEMENT WITH BAYSIDE CENTER LIMITED PART-
NERSHIP FOR BAYSIDE RETAIL PARCEL -INCORPORATE
REQUIREMENTS FOR CONSTRUCTION FINANCING.
AUTHORIZE AN AMENDMENT IN THE FORM ATTACHED
TO AGREEMENT WITH THE. FORM ATTACHED TO
AGREEMENT WITH BAYSIDE CENTER LIMITED PART-
NF..RSHIP "GARAGE PARCEL LEASE"., FTC....
AUTHORIZE A NEGOTIATED AGREEMENT IN THE;
FORM ATTACHED HERETO WITH THE BOARD Of-'
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA FOR RELEASE
Of-' DEED RESTRICTIONS ON LAND ADJACENT TO
BAYFRONT PARK WITHIN BAYSIDE SPECIALTY
CENTER LEASED AREA.
ACTION AND CODE
8`>-914
85-915
85-916
85-917
85-919
85-920
85-921
85-922
85-923
DOCUMENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL
ACTION AND CODE NO.
AUTHORIZE TO F:XI-;CUTI,: AN AGRI-:EMENT WITH 85-92�;
NEWWORLD MARINAS INC. FOR PURCIIASE;/TERMINA-
TION FIGHTS IN AND TO THE MIAMARINA MANAGI;-
MENT AGREEMENT ($ 1 , G75, 000. 0O) .
AUTHORI ZE TO EXI'.CU`I'I? AN AGRFFM1-_.N`I' WITH
13AYSIDE CEN`I'FP LIMI.TED PARTNERSHIP FOR
MANAGEMENT OPERATION AND MAINTI,NANCF. 01•
CITY FACILITIES AT MIAMARINA, FA-C...
AUTHORIZE TO EXECUTE AN AMENDMINT AND RESTA-
TED GRANI) PRIX AGREEMFN`I' WITH MOTORSPORT,
INC. ETC. RELOCATE GRANT) PRIX PACE, CIRCUIT
FROM BAYFRONT PARK TO BICFNTENNIAI.., PARK.
AUTIIORI'ZE TIIF: USF, UI: $60, H 0 u . IIIGHWAY
GENERAL OBLIGATION BONI.) F'UNPS 1-'01: THE I)I SIGN/
CONSTRUCTION OF GRAND PRIX RACE CIRCUIT
PAVING PROJECT, E:TC...
AUTHORIZE AN AMENDMENT TO TILE MI NOR I `I'Y
PARTICIPATION AGREEMENT WITH THE BAYSIDE:
CENTER LIMITED PARTNERSHIP FOR THE BAYSIDE,
SPECIALTY CENTER TO CLARIFY GOALS AS SET
FORTH IN THE FIRST AMENDMENT, ETC...
AUTHORIZE TO EXCUTE AMENDMENT 1V TO THE'
PROFESSIONAL AND TECHNICAL SERVICES AGREE-
MENT (JANUARY 19, 1982) WITH FULLER AND
SADAO, P.C. FOR BAYFRONT PARK DEVELOPMENT
PROJECT. ($375,000.00).
AUTHORIZE EXECUTION OF LEASE AGREEMENT
FOR HISTORIC E'IRE STATION NO.4 WITH LADDER
COMPANY NO.4 LTD. FOR PLANNING/DESIGN/
CONSTRUCTION/LEASE. MANAGEMENT OF FORMER
FIRE STATION #4, ETC...
APPOINT: PABLO GOMEZ AS A MEMBER UI' THE
CITY PLANNING ADVISORY BOARD (TERM EXPIRING
DECF.MBER 31, 1987).
CONFIRM/ORDER RESOLUTION NO.85-77I. AUTHORIZI.-;
TO ADVERTISE. FOR SEALED BIDS FOR THE CON-
STRUCTION OF DESIGN PLAZA HIGHWAY IMPROVE,MLNT
H-4509, ETC....
85-929
85-`13I
85-93-2
85-933
85-934
85-935
85-937
85-939
DOCUME,,NTI NDEX
CONTINUED
COMMISSION RETRIEVAL
DOCUMENT IDENTIFICATION ACTION AND CODE NO.
CONFIRM ASSESSMENT POLL 1'OR CONSTRUCTION 5-9.1(i
O1-' CIT'YWIDE - 1981 - SANITARY SI'..WER EXTEN-
SION LMPROVEMENT IN CITYWIDE DISTRICT' SP
5476, ETC.....
AUTHORIZE INCREASE IN TIlE; CONTRACT ($50,000.)
WITH TARGET CONSTRUCTION COMPANY 1. NC.
(MAY 3, 1985) FOR THE CONSTRUCTION Of-' THE;
HALL CONFERENCE ROOM.
WAIVE, REQUIREMENTS/Pl:OIIIBITION CONTAINED
IN CODE, SECTION 2-302 TO PERMIT ESTEBAN
ABRAHAM AN EMPLOYEI, IN Till. BUILDING AND
VEHICLE MAINTENANCE DEPARTME;N'I' TO PARTICI-
PATE IN THE HOME RENOVATION AND REHABILITA-
TION PROGRAM.
AUTHORI'LF. THE. BOARD Of-' COUNTY COMMISSIONERS
TO ENCREASE THE LEVY OF A SPECIAL ASSESSMENT
TAX FOR ESTABLISHMENT O1-' A SPECIAL ASSESSMENT
DISTRICT FOR THE; MIAMI DESIGN PLAZA.
AUTHORIZE TO PURCHASE 2 PARCEL, ON LAND
WITHIN THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT AREA.
AMEND RESOLUTION NO. 85-836 TO PROCEED
WITH THE DEVELOPMENT OF A MULTIFAMILY RENTAL
HOUSING PROJECT ISSUE OF MULTLFAMILY MORT-
GAGE REVENUE BONDS NOT TO EXCEED $6,000,000.
FOR THE BENEFIT O1- CIRCA/BARNESS/SAWYER,
ETC.....
EXPRESS THE INTEND TO PROCEED WITH THE
DEVELOPMENT OF A MULTIFAMILY RENTAL HOUSING
PROJECT AND THE FINANCING OP 150 UNITS
THEREOF' THROUGH THE ISSUANCE OF MULTIFAMILY
REVENUE BONDS (9,500,000.) FOR THE BENEFIT
OF CIRCA/BARNESS/SAWYER, ETC.....
CONFIRM ORDERING RESOLUTION NO. 85-587
AND AUTHORIZE TO ADVERTISE 1. OR SEALED BIDS
FOR THE CONSTRUCTION OF WEST LITTLE HAVANA
HIGHWAY IMPROVEMENT PRASE; I IN WEST LITTLE,
HAVANA DISTRICT -PRASE 1 11-4 51 0.
Ii `:> - r) .1 1
85-94 2
85-943
85-946
85-94 7
85-948
85-949
UMENTmINDEX
DOC
CONTINUED
DOCUMENT IDENTIFICATION
COMN,ISSION RETRIEVAL
ACTION AND CODE NO.
GRANT T11F APPROVAI., Of-' ONE, OUTDOOR AL?VFRTISING
SIGN AT 818 S.W. 4`I'11 AVFNUF.
GRANT THE: APPROVAL OF' ONE OUTDOOR ADVFR`I'ISENG
85-95;
SIGN AT 643-45 N.W. 20TH STRI,I"T.
GRANT TIII; APPROVAL OF ONE OUTDOOR ADVERTISING
85-955
SIGN AT 656 N.W. 32ND STREET.
GRANT THP: APPROVAL, OF ONF OUTDOOR ADVRR`I'1SING
85-956
SIGN AT 3701 N.W. TI'll STHFI-, '.
GRANT THI> APPROVAL OF ONF OUTDOOR ADVERTISING
85-957
AT 1544 N.k,�. 39TH STI.I=,FT.
DENY THE APPROVAL OL' ONE, OUTDOOR ADVERTISING
85-958
SIGN AT 640 N.W. 26'IH STREET.
DENY THE APPROVAL OF ONE OUTDOOR ADVERTISING
85-959
SIGN AT 1512 N.W. 71711 AVENUE.
GRANT THE APPROVAL OF ONE: OUTDOOR ADVERTISING
85-960
AT 643 N.W. 27TH STREET.
GRANT THE APPROVAL OF ONE OUTDOOR ADVERTISING
85-961
AT 1483 N.W. 7TH STREET.
GRANT THE APPROVAL OF ONE OUTDOOR ADVERTISING
85-962
AT 650 N.W. 17TI1 STREET.
DIRECT CITY MANAGER TO REQUIRE, PLANNING
85-963
DEPARTMENT TO DEVELOP STRUCTURAL AESTHETIC
STANDART FOR OUTDOOR ADVERTISING SIGNS
IN CONJUNCTION WITH THE SIGN INDUSTRY.
ALLOCATE $1 5, 000. `I'O THE DEPARTMENT OF PARKS 85-964
AND RECREATION IN SUPPORT O1' THE DEDICATION
CEREMONY FOR MOORE PARK,
DOCUIVIENTI�VDEX
CONTINUED