HomeMy WebLinkAboutCC 1985-07-25 Minutesv
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ITY OF MIAM]
OF MEETING HEW ON ? LY 25, 1985
(PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
.JULY 25, 1985
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1
PLAQUES, PROCLAMATIONS AND SPECIAL
PRESENTED
1
ITEMS.
7/25/85
2
CONDOLENCES - DEATH OF PAUL FASKE.
R 85-791
2
7/25/85
3
CONDOLENCES - DEATH OF STEVE ARKY.
R 85-792
2-3
7/25/85
4
APPROVE "PICNIC IN THE PARK" FUND-
R 85-793
3-4
RAISER FOR MUSCULAR DYSTROPHY.
7/25/85
5
TOWING PROBLEMS - SEE LATER, SAME
DISCUSSION
4-5
MEETING.
7/25/85
6
POSSIBLE MERGER OF OSPA AND DDA -
DISCUSSION
5-6
FIVE DAY RULE INVOKED.
7/25/85
7
FUNDING REQUEST - HAITIAN REFUGEE
M 85-794
6-9
CENTER - REFERRED TO THE CITY MANAG-
7/25/85
ER.
8
PERMIT SALE OF BEER AND WINE -
M 85-795
9-10
WATSON ISLAND IN CONNECTION WITH
7/25/85
HAITIAN FESTIVITIES EVENT.
9
PRESENT STEVE HART WITH GOLD BAG.
PRESENTED
10
7/25/85
10
GRANT PERMISSION TO USE CITY STREETS
M 85-796
10-11
FOR FAMILY BICYCLING DAY SEPTEMBER
7/25/85
29TH.
11
APPOINT COMMISSIONER J. L. PLUMMER
R 85-797
11-13
TO INVESTIGATE POSSIBILITY OF MOVING
7/25/85
OF CITY HALL TO FREEDOM TOWER.
12
PERSONAL APPEARANCE - HENRY GIBBONS,
DISCUSSION
13-15
REQUESTING $40,000 LOAN C.D. FUNDS
7/25/85
FOR PURCHASE OF LAND FACING GIBSON
PARK - REFERRED TO CITY MANAGER.
13
DISCUSSION REGARDING FAILURE OF CITY
M 85-799
15-17
PAID LOBBYISTS OF SUBMITTING REPORTS
7/25/85
DESCRIBING THEIR ACTIVITIES - CITY
MANAGER TO REPORT SEPTEMBER 12TH.
14
DISCUSSION: COMMISSIONER CAROLLO
DISCUSSION
18-19
REGARDING ACCUSATIONS.
7/25/85
15
APPROVE PRELIMINARY DRAWINGS: ROOF
R 85-800
19-22
TOP PHOTO DECK FOR ORANGE BOWL
7/25/85
t
STADIUM.
3
l.
16
APPROVE MI3CELLANEOUS CHAN",F' TO
R 85-801
22-31
AGREEMENT BETWEEN CITY AND MIAMI
R 95-802
MOTORSPORTS, INC. REGARDING ";RAN:
M 85-803
PRIX" RACE.
-1/25/85
1?
LJiA�'�,TCl7 PATS, OF SFPTGYlB5R 12, 1985
R 85-806
31-33
AS DATE OF Pl : _ ,G HEARING KAJ�,?
7/2q/85
SPECIAL PERMIT - COMMODORE' BAY
PR:!? F " T .
18
CHANGE ZONING CLASSIFICATION 7951-
10026
33-34
8099 N.E. BAYSHORE COURT - RG-2/5 TO
7/25/85
RO-2/5•
19
SIGN STR�TCTURFS ALONG I-95
FIRST
34-37
READING
7/25/85
20
CHANGE ZONING CLASSIFICATION 1901-
FIRST
37-38
1929 N.W. 15 AVENUE AND 1461-1499
READING
N.W. 19 AVENUE FROM RG-3/6 TO RG-
7/25/85
3/7.
21
STREET CLOSURE - PORTION OF N.W. 19
R 85-807
38-39
STREET.
7/25/85
22
AUTHORIZE CONSTRUCTION & MAINTAIN
R 85-608
39-40
PEDESTRIAN FOOTBRIDGE "WAGNER
7/25/85
CREEK".
23
PERMIT DRIVE-IN FACILITY AT
R 85-809
40-41
GROVEGATE BANK.
7/25/85
24
MAJOR USE SPECIAL PERMIT - 125-175
DISCUSSION
41-44
N.W. 1ST AVENUE DISCUSSION AND
7/25/85
TEMPORARILY DEFERRED.
25
AMENDMENTS: CLAUGHTON ISLAND -
DISCUSSION
44-51
TEMPORARILY DEFERRED.
7/25/85
26
PRESENTATIONS: CITY OF MIAMI BIRTH-
PRESENTED
51
DAY, MISS MIAMI, CHANNEL 2.
7/25/85
27
PERSONAL APPEARANCE: MIKE ABRAMS
DISCUSSION
51
RETURN OF $2,500 FLORIDA LEGISLATURE
7/25/85
MEETING IN MIAMI.
28
DELEGATE AUTHORITY TO SOLICIT SPON-
R 85-810
52
SORSHIPS & PROMOTIONAL LICENSES ON
7/25/85
BEHALF OF THE CITY OF MIAMI SPORTS
AND EXHIBITION AUTHORITY.
29
MAJOR USE SPECIAL PERMIT: COURTHOUSE
R 85-811
53
ASSOCIATIONS LTD., 125-175 N.W. 1
7/25/85
AVENUE.
30
AMENDMENTS: CLAUGHTON ISLAND BUILD-
R 85-812
53-55
ING OF AFFORDABLE HOUSING UNITS,
7/25/85
ETC.
31
MAYOR ANNOUNCES HIS INTENTION TO RUN
DISCUSSION
55-56
IN 1985 CAMPAIGN FOR RE-ELECTION.
7/25/85
32
U.D.P./R.F.P. FOR DEVELOPMENT OF
R 85-813
56-65
MARINE STADIUM AMPHITHEATER SET
7/25/85
PUBLIC HEARING DATE: SEPTEMBER 12,
1 985 .
33
AUTHORIZE NEGOTIATED AGREEMENT:
R 85-814
66-69
JOSEPH MIDDLEBROOKS & ASSOCIATES,
7/25/85
PROFESSIONAL SERVICES - NORTH DIS-
TRICT POLICE SUBSTATION.
34
TOWING S ERV10Ef NOTF TH;:3 MA-TEF
rISCUSSION
'70-72
WAS A(,AIN DISCUS'_ LATER IN THIN
7/25/55
SAME MEETING)
35
PLAT ACCEPTANC - "BRAVO SUBDIV1-
R 85-915
72
SION".
7/25/95
36
PLAT ACCEPTANCE - "HIGHLAND PARS.
1� 9 5 - S 1 6
72-7-3
HOSPITAL SUBDIVISION".
7/25/85
37
PROPOSAL "> RESCIND CHAPTER Ah`G;`+D-
DISCUSSION
73-74
MENT NO. 1.
7/25/85
-
38
PROPOSAL TO RESCIND CHARTER AMEND-
DISCUSSION
39
MENT NO. 2.
7/25/85
74
39
NFWS RACKS PLACED ON PUBLIC RIGHTS-
DISCUSSION
74-75
OF -WAY.
7/25/85
40
FUNDING REQUEST: ORGANIZING COMMIT-
R 85-817
75-76
TEE XVI INTERAMERICAN ACCOUNTING
7/25/85
CONFERENCE.
41
RATES - ON -STREET PARKING METERS &
10027
76-77
CERTAIN OFF-STREET LOTS.
7/25/85
42
DISCUSSION & TEMPORARY DEFERRAL:
DISCUSSION
77
INCREASE FEES FOR CITY DAY CARE
7/25/85
FACILITIES.
43
CLAIM SETTLEMENT - ESTATE OF
R 85-818
77-78
CLARENCE BRUCE.
1/25/85
44
AUTHORIZE EXECUTION OF NEGOTIATED
R 85-619
78-79
AGREEMENT: RODRIGUEZ KHULY QUIROGA
7/25/85
ARCHITECTS - PROFESSIONAL SERVICES -
DESIGN SOUTH DISTRICT POLICE SUBSTA-
TION PROJECT.
45
U.D.P. (UNIFIED DEVELOPMENT PROJECT)
R 65-820
79-80
DEVELOPMENT OF MIAMI MARINE STADIUM
7/25/85
& BAYFRONT PARK AMPHITHEATER.
46
AMENDING RESOLUTION: ALLOCATE
R 85-821
80-81
$15,000 FLORIDA HOUSING COOPERATIVE
7/25/85
HOUSING FORUM WITH CONDITIONS OF
MATCHING FUNDING.
47
REAFFIRM NEED FOR PUBLIC HOUSING IN
R 85-822
81-82
THE CITY OF MIAMI AFFORDABLE TO
7/25/85
FAMILIES & INDIVIDUALS OF LOW AND
MODERATE INCOMES.
48
AUTHORIZE AGREEMENT: MIAMI SAVINGS
R 85-823
82-87
BANK (MSB) 5 MILLION DOLLARS CERTIF-
7/25/85
ICATE OF DEPOSIT IN OVERTOWN SHOP-
PING CENTER.
49
AUTHORIZE AMENDMENT TO AGREEMENT:
R 85-824
87-89
GREATER MIAMI UNITED, INC. (GMU) -
7/25/85
EXTEND TIME OF TERMINATION.
50
AUTHORIZE AMENDMENT TO AGREEMENT:
R 85-825
89-90
ALLAPATTAH MERCHANTS ASSOCIATION
7/25/85
EXTEND TIME OF TERMINATION.
51
AUTHORIZE LEASE AGREEMENT - CENTRUST
R 85-826
90-91
REALTY & CONSTRUCTION CO. LEASE OF
7/25/85
GROUND FLOOR RETAIL SPACE IN MIAMI
CONVENTION CENTER PARKING GARAGE.
8
� _ �3il�iA,Il.Esf�. �glpey,
LAND ADJACENT TC!
GORDr),,N' S PR•)FEN'i'i
AS A MARINA.
N:.AR YIi!F:
53 BID AWARD - THRFE RE. ':CUE AM' ';,A N E," R t 5-
'*I ' ''?"'ION FOP, 4TH & REFURBI HMENT i25/85
OF 5 FX.. i IN1,ANCES DEPT. OF
FIRE. RESCUE & IN;>Yr_C'TI N ;R'v'1'F �-
54 E3TARLISH PHOPOSED MILLAGE RAT";. M QV)-�1'_ -:I-
R u5-B29
-,/25/85
55 DIRECT CITY MANAGFP. TO CLARIFY M 85-630 9--J9
ARTICLE IN THE MIAMI HERALD AND IF 7/25/85
NECESSARY TAKE 01'T AN AD TO CLARIFY
CITY POSITION IN REGARD TO MILLAGE.
56 EXECUTE LEASE AGREEMENT: OFF-STREET R 85-Q3' G-100
PARKING AUTHORITY FOR LEASE OF LAND 7;
S.E. CORNER OF S.W. 27TH AVENJE AND
DIXIE HIGHWAY F)R PARKING FACILITY.
57 ACCEPT METRO DADE COUNTY GRANT: R 85-832 0,G-iJ1
$37,582.04 CHILD DAY CARE SERVICES 7/25/B5
FOR CHILDREN OF LOW INCOME FAMILIES.
58 AUTHORIZE EXECUTION OF AGREEMENT: R 85-833 101-1'�2
VALLE AXELBERD AND ASSOCIATES PRO- -7./25/85
VIDING FOR STREET CONTROL TRAINING
1986 POLICE DEPARTMENT.
59 AUTHORIZE EXECUTION OF A^jP,EEMENT: R 86-834 102-103
URBAN STUDIES INSTITUTE, INC. BARRY 7/25/85
UNIVERSITY - CONSULTING SERVICES FOR
REVIEW CURRENT POLICE TRAINING
EMPHASIS ON RESPONSIVENESS TO N,ULTI-
ETHNIC COMMUNITY.
60 AUTHORIZE EXECUTION OF AGREEMENT: R 85-835 103-104
WILLIAM S. TEASDALE, P.E. AND ELLIS 7/25/85
SNYDER ASSOCIATES INC., ENGINEERS.
61 INDUCEMENT RESOLUTION - PUBLIC R 85-836 105
HOUSING DEVELOPMENT; EXPRESS INTENT 7/25/85
OF CITY TO PROCEED WITH DEVELOPMENT
OF A MULTI -FAMILY RENTAL HOUSING
PROJECT; CIRCA/ BARNESS/SAWYER JOINT
VENTURE.
62 APPROVE SELECTION BY COMMITTEE - R 85-837 105-106
PROFESSIONAL ARCHITECTURAL ENGINEER- 7/25/85
ING SERVICES - RECONSTRUCTION OF
MIAMI STADIUM PRESS BOX.
63 CLEANING & TRASH REMOVAL SERVICES AT DISCUSSION 106-107
CITY STADIUMS; SEE RESOLUTION 85-840 7/25/85
LATER SAME MEETING.
64 APPOINT PERSONS TO PIC (PRIVATE M 85-838 108-109
INDUSTRY COUNCIL) OF SOUTH FLORIDA; 7/25/85
THEN RESCINDING THE APPOINTMENTS,
THEN MAKING THEM AGAIN R-85-856
LATER THIS MEETING.
65 MAYOR FERRF CONCERNING HEADLINE IN DISCUSSION 109-111
MIAMI TIMES REGARDING "MASVIDAL'. 7/25/85
66 BID AWARD: CLEANING & TRASH REMOVAL R 85-840 111-112
SERVICES AT CITY OF MIAMI OWNED 7/25/85
STADIUMS.
6-7
EF'7 A 3 L 1 S H 1) A, F OF FU B111 1 7 F;: A R N(;
41
1 1 2 - i I
0 C T 1 0 MA'OR YE A
PERMIT OF A D E V F L N 7 'r.I F
899 BRICKELL AVENUE PH-)JF�'7.
6 1?
CON71NUE FLIP! 7 �TVIAPTN(; - MAJOR U:'E
1 1 1 4
spEt,'JA, I ERMIT 1111 Fni(,KE.- AVENUE
5
PROJECT.
h'_� U L AT I N G T H E, PL A E M EN )F NEWS
F R T
1 4 - 1 2 2
RACKS IN PUBLIC RIGHTS -OF -WAY IN THE
READING
CITY, IMPOSING RE,;THICTIONS, ETC.
7/25/85
170
REGULATION OF STREET VEN,:('h-_*, :iClLj"')-
N. �5-843
122-124
T NG NEWSPAPERS SOLD BY MINGES.
M E5-844
7/25/85
71
PERSONAL APPEARANCE; ILVIA A.
DI S r" U SIN
12 2
ALVAREZ FUNDIN'., RE: ) !J F S� T FLORIDA
7/25/85
CAREER COLLEGE - R EF 'Fli R El '; TO CITY
MANAGER.
72
CABLE COMMUNICATIONS CT OF 1964 CITY
FIRST
125-17/4
OF MIAMI CABLE '17�,:,"-"VISION LICENSE.
READING
7/ 25 /8 5
73
FESTIVAL FUNDING POLICY - DIRECT
M 85-545
134-142
CITY MANAGER NOT TO EXPEND ANY FUNDS
7/251/85
UNLESS REQUEST IS REVIEWED AND
DECIDED UPON BY THE CITY COMMISSION
ON AN INDIVIDUAL BASIS.
74
REAFFIRM PREVIOUS DECISION TO BUILD
M 85-846
142-152
TWO SUBSTATIONS FOR POLICE DEPART-
7/25/85
MENT - INCLUDES PUBLIC HEARING ON
MINI -STATION PROPOSAL.
75
VISITING JOURNALISTS - BRIEF DISCUS-
DISCUSSION
152-153
SION & TEMPORARILY DEFERRED-
7/25/85
76
AUTHORIZE CITY MANAGER TO ALLOW DADE
R 65-947
153-154
COUNTY SCHOOL BOARD TO INSTALL
71/25/67
PORTABLE CLASSROOMS AT EDISON PARK'
SUBJECT TO CONDITIONS AND AGREEMENT.
77
AUTHORIZE CONTRACT: AIDA LEVITAN &
M 85-84S
154-155
ASSOCIATES SUBCONTRACTING WITH
7/25/85
INDIVIDUALS FOR PUBLIC RELATIONS
FIELD - CITY COMMISSION TO BE AD-
VISED OF SELECTION OF FIRM-
78
CHANGE ZONING CLASSIFICATION 2701-03
10028
155-164
DAY AVENUE & 3191 CENTER STREET FROM
7/25/85
RG-2/5 & SPI-3 OVERLAY TO RO-2.1/6,
ELIMINATING SPI-3, ETC.
79
AMEND RESOLUTION BEFORE P.A.B. IN
M 85-849
164-165
CONNECTION WITH CLAUGHTON ISLAND - 2
7/25/85
SITES INSTEAD OF 3 AND NONE IN S.E-
OVERTOWN/PARK WEST AREA.
80
AMEND CAPITAL APPROPRIATIONS ORDI-
10029
165-166
NANCE, ESTABLISH FLORIDA EAST COAST
7/25/85
SETTLEMENT PROJECT.
81
INCREASE APPROPRIATIONS TO PENSION
10030
166-167
TRUST FUND, ATTORNEYS FEES ARISING
7/25/85
FROM CITY PENSION LITIGATION.
62
PERMIT FIREWORKS - BAYFRONT PARY -
R 65-450
167
AUGUST 10, 1985 IN CONNECTION WITH A
7/25/85
CITY OF MIAMI CELEBRATION.
I
ALLOCATE F R
L 1
R A N f., E BOWL .,TAI 17M
CONCERNING FLA Y I N E y '�F
R 9 F,
6
Y, I AM 1 F'):-) 17 B A L L GAME. 1 N THE R A N
.5
-TADIUM.
85
ALLOCATE $183,750 TO M, T T T F F!) 7
T Y F MIAMI A; A F .4
SITE.
86
ALLOCATE $ 1 2 , 000 FOR A D V -w 1� T I E IX
R
17'
IN L' EXPRESS.
2 5 '2
87
!NCREASE FEE'; FOR USE OF C 1 T Y '2 F
FIRST
7 1 - -2
If, : AM 1 Y CAFE F A :,' I L I T I ES .
?FADING.
7/25/85
88
P 0 S7 T, FLE ITEM TO BE 114 ON
D I S r" u
72
NJVEMEER 5TH BALLOT, INVOKE 5-DAY
' / 2 5
RULE A N D MANAGER TO PUBLISH ON
SEPTEMBER AGENDA.
89
METRO-MIAMI ACTION PLAN - ALLOCATE
R e 5 - 5
1 7 2 - 4
$26,450.
7/25/85
90
APPOINT TWO PERSONS TO PRIVATE
R 85-85t',
1 '74— 1 _175
INDUSTRY COUNCIL P I C OF SOUTH
7 5 5
FLORIDA FOR TERMS TO EXPIRE JUNE 30,
1987-
91
PUBLIC HEARING - REQl'EST CHANGE OF
M 85-557
175-182
ZONING CLASSIFICATION 5950-5990 N.W.
7/25/85
7 STREET FROM, RS- 2 /2 TO RG-3/5
(CONTINUED TO SEPTEMBER 26, 1986
AFTER 6 P.M.)
92
AUTHORIZE MANAGER TO TERMINATE ALL
R 85-358
182-186
AGREEMENTS FOR OPERATION OF HELICOP-
7/25/85
TER SERVICE - WATSON ISLAND - CITY
OF MIA14I MUNICIPAL HELIPORT, PERMIT-
TIN3 DADE HELICOPI'ER JET SERVICE TO
OPERATE FROM BLIMP BASE UNTIL WATSON
ISLAND REDEVELOPMENT.
93
DIRECT CITY MANAGER TO DISBURSE
R 85-859
187-186
$12,000 TO "CARICOM CONFERENCE%
7/25/85
94
ALLOCATE $1,000 TO FLORIDA INTERNA-
R 85-859
188-189
TIONAL UNIVERSITY IN CONNECTION WITH
7/25/85
TRIP TO DENMARK.
n
�' zu _ ,:"fir-. =ere.. spater^aaa.arraepse�+R�em*waaseee�an..�_
MINUTE,, OF RE'",ULAR OF THE
CITY COKY1 SSION OF MIAh! , FLC)Ii?A
On the 25th day of July, 1985, the City Commission of Miami, Florida,
met at its regular meeting place in the City ?call, 3500 Pan Amerman Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:09 O'Ciock A.M. by Mayor Maurice
A. Ferre with the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
ALSO PRESENT:
Sergio Pereira, City Manager
Lucia Allen Dougherty, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
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.
Commendation Presented: to Police Officer Eugene Liotta, Outstanding Officer
for the month of June, 1985•
Presentation: from Artist David Schor to City Commission and Police Chief
Dickson of Artist print - Miami Police Department.
Proclamation: to Mrs. Margaret Bartlett, Mrs. Mary Ellen Thompson & Mrs.
Thomas B. McGahey, Jr., and Mrs. Edwin Thompson declaring September 17-23 as
CONSTITUTION WEEK.
Presentation: Plaque to Aeormexico for their participation in attracting
tourism between the City of Miami and Paris.
Commendation Presented: to Hans Thies -Regional Manager-Aeormexico, Valverde
& Blanco, Inc. attracting tourism between City of Miami and Paris.
Certificate of Appreciation: to Antonio Stinson - Aeormexico - promoting
tourism between Miami and Paris.
Id 1 July 25, 1985
lb
2. CONDOLENCES - DEATH OF FA-1 FA. P:�:.
Favor Ferre: We navt, two
unfortunate deaths ..
...
whi2h
leaves a
void. The first one is that of Paul Fgsk, , a::;
},aul
was a community
activist
who really .?d many, many
things in this community
-
for the Jewish
community
and the City of Miami a::
,rester Miami, and I
would
like to, at this
time,
present the following resolution
expressing, symptithy
to his fa. :ly.
Is there
a motion? Plummer moves.
Mr. Caroll Second.
Mayor Ferre: ,arollo seconds. Further discussion`.' Ca:1 the roll.
Th,- following resolution was introduced by Commissioner Plummer, whc
moved its adoption:
RESOLUTION N0. e5-791
A RESOLUTION EXPRE"]SING DEEPEST SYMPATHY ANL S :NCE:;EST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY
OF MIA_MI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF
PAUL FASKE UPON HIS DEATH.
(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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
3. CONDOLENCES - DEATH OF STEVE ARKY.
Mayor Ferre: And lastly, as you all saw in the paper, we had a very tragic
death the day before yesterday, in the passing of Steve Arky, who although he
was only 42 years old, had built, at that young age, one of the most important
law firms in the State of Florida, and had become the main and most
knowledgeable attorneys with regards to banking regulations in the State and
certainly contributed a great deal to this community. I personally was a
witness to the many things that he Steve Arky did for the well being of this
town and therefore I would like to ... would you like to make the motion? All
right, J. L. Plummer moves.
Mr. Carollo: Second.
Mayor Ferre: Carollo seconds a motion of condolences to Mrs. Steve Arky.
Call the roll, please.
ld 2 July 25, 1985
The following resolution was introduced by Commission _ Plummer, who
moved its adoption:
RESOLUTION NO. 65-792
A p"t)Li1TTOn? DEEPEST SYMPATHY AND SINCEREST
CONDOLEN�;ES OF THE CITY 7ION ON BEHALF OF THE CITY
�r M.'AM: AND :7- Ci- 7Eli, T: ',1 F-v11,f AND FRIENDS OF
STEPHEN ARKY 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 Carollo, the resolution was passed
and adopted by- the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
4. APPROVE 'PICNIC IN THE PARK" FUNDRAISER FOR MUSCULAR DYSTROPHY.
Mayor Ferre: All right, we are now into the regular agenda. The first item
to come before the Commission is the ... are there any agendas that we need to
approve, Mr. Clerk?
Mr. Ongie: No, sir, not today.
Mayor Ferre: All right, if not, we are into pocket items. Mr. Plummer, we
will start with you.
Mr. Plummer: Just one, and it is a request from the Coconut Grove J. C.'s to
use Peacock Park for the purposes of a fundraiser for Muscular Dystrophy.
They want to make a further request, Mr. Mayor. All I am doing at this point
is making a motion to approve the sale of the beer and wine. Are they here?
Do you want to make your presentation beyond the beer and wine?
Mr. Dean Peppe: My name is Dan Peppe and I live at 3084 S. W. 27th Avenue in
Coconut Grove. I represent the 450 members of the Coconut Grove Jaycees, the
sponsors of a special event called Picnic in The Park. Now, the Jaycees, are
a leadership organization and we have been awarded, as far as the Coconut
Grove Jaycees Number one in the Country of 2,000 chapters four years in a row
and we serve the City well.
Mr. Plummer: Sir, we don't need the commercials. We know the organization.
We have been with you all of the time. Mr. Mayor, they are asking for in -kind
services as relates to police and sanitation. I have explained to them the
policy existing as far as no funding is concerned, even though they do exist
with their activities prior to the October 1 deadline. I would ask the City
Manager - Mr. Manager, is it possible, and I am making a very clear cut
distinction, that this festival that they are having is prior to October 1.
What has been said to you on police and sanitation? How much?
Mr. Peppe: So far, $5,000.
Mr. Plummer: Mr. Manager, have you had the opportunity - are you familiar
this is not the first year?
Mr. Pereira: The
alcoholic beverages.
Id
only request we have was for the permit of selling the
3
July 25, 1985
0
N,r. Plummer: I understsni that, sir, but they are now making a farther
request for in -kind for police and sanitation of apFroximately $5,001D-
Mr. Pereira: Do you want a recommendation from us"
Mr. Plummer: Yes, _r T w!I:.' reor-r -.'gtinn - if you are familiar with it.
I don't want it to hit you broadsiae.
Mr. Pereir%: I a^' nrI famil.:- wlth what they are trying to do. As I sail,
the only thing that I have on the record is a request to sell the beer
permits. We can sit down with them and talk to them, and I can come back with
it.
NOTE: COMMISSIONER DAWKINS ENTERED AT 9:28 A. M.
Mr. Plummer: All r.'Cht, sir. My suggestion to you, sir, is that we pass this
to allow you sell the beer and wine, and get that behind you, and then as far
as anything further, the Manager would have to make a recommendation this
afternoon. I so move the approval of the sale of beer and wine for their
thing in Peacock Park.
Mayor Ferre: All right, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll on the pocket item.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-793
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
THE REQUEST OF THE COCONUT GROVE JAYCEES TO SELL BEER FOR
A ONE -DAY PERIOD IN CONNECTION WITH THE "PICNIC IN THE
PARK" TO BE HELD AUGUST 25► 1985 IN PEACOCK PARK; SUBJECT
TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER
AUTHORIZING ONE -DAY NON-EXCLUSIVE CONCESSION RIGHTS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
5. DISCUSSION: TOWING PROBLEMS - SEE LATER, SAME MEETING.
Mr. Dawkins: On pocket items, the first one, Mr. Mayor - Mr. Manager, quite
some time ago I asked you to do some research on the towing problem. Can you
give me a report on that and let me know what you are doing and why we have
not had an answer?
Mr. Pereira: Commissioner, we have just finished yesterday reviewing the
towing issue. and there were some legal questions that have to be clarified.
If you wish, I would be glad to come back to you this afternoon with the
report and our recommendations.
Id 4 July 25, 1985
".1
Mr. Dawkins: Mr. Bryan, can you come back this afternoon, sir? You say you
will have us a recommendation this afternoon, Mr. Mhnager?
Mr. Per •i r- Yes, sir.
Mr. Dawkins: We will have an answer this Mr. Bryan.
6. DISCUSSION: POSSIBLE MERGER OF OSPA AND DDA - FIVE DAY RULE INVOKED.
Mr. Plummer: I think all of you have received the memo, am I correct? ... and
as you know, I was charged by the Mayor to head up a committee to try to bring
about some reality. Mr. Mayor, Alternative two is the one that was studied in
your memo by the committee and it is with that we recommend Alternative two to
the Commission, which in effect, says that the Off -Street Parking Authority
will in fact, contractually make arrangements with the DDA for combining
services to the tune of approximately (I don't have my memo in front of me)
$300,000, and I think more importantly to Sergio, is the fact that there would
be no monies out of the General Fund. Now, Mr. Mayor ...
Mr. Dawkins: Mr. Plummer, I call the rule of five on this because I don't
even want to discuss the DDA or any, until I fins out what the Manager is
going to do with his budget.
Mr. Plummer: All right, sir. I think that cuts off all conversation.
Mr. Dawkins: Thank you.
Mayor Ferre: That automatically puts it on the September agenda.
Mr. Plummer: All right, sir.
Mayor Ferre: That doesn't create any kind of a crisis does it?
Mr. Plummer: Mr. Mayor, I don't think it creates any kind of a crisis. there
is an interlocking agreement between both ... can I discuss this after he has
invoked the rule?
Mr. Dawkins: Yes, go right ahead.
Mayor Ferre: Sure, if he waives ...
Mr. Plummer: There is no crisis, because actually, in fact, Mr. Dawkins, it
does not need action of this Commission. It is an inter -local agreement. I
am merely making a report back to this Commission. There is no action needed
except, Mr. Mayor, I am asking the Commission, and the Manager will be through
memos, asking each and everyone of you, do you want this committee to
continue, and to try to bring about something further in the coming year on a
long range plan, and if so, we ask you for your input as to what you would
like so we don't spin our wheels.
Mayor Ferre: Well, Commissioner, the answer to both of those questions is
yes, I think you ought to continue, because I think what you have come up with
is a very imaginative solution, and I commend you and your committee for
coming up with it, but I think it is a temporary solution. I think in the
long term, we either have to get a waiver from the Legislature, along with
Tampa and every other city that has the same problem. They all have it, or we
need to take this entity and merge it with Metropolitan Dade County so that it
is a joint City -Metro entity. At this point it is not costing the taxpayers
of Miami any money, which is fine, but sooner or later I think we need to
solve the problem and I think that that needs to be done through a process
which is going to be very, very, complex. I might ...
Mr. Plummer: Mr. Mayor, we spoke to that, and let me say to you that even
though the DDA and the City lobbyist will try very hard to make those changes
Id 5 July 25, 1985
in the Legislature, it was still felt by all con.erned, even if they were
passed and approved, this committee should continue.
Mayor Ferre: Yes, but see, there is a new wrinkle and I will tell you what it
is. Metr:I-)litan Dade Cnunl-: �,-s now gotten itself in a bind regarding
special tax districts for tiie Fire Departmr-n`., uVo " And they now need to go
improve and get a special waiver under the Davit home rule, that the
Legislature would thorAfcre recog:;izF tht: ability for Metro to create these
special tax districts that would render fire services without impairing (and
Clark Merrill, you help me on this) on the 10 mill tax. Now, what is sauce
for the goose is sauce for the gander, and obviously, if the District, which
is a fire protection district, that is created to solve Metro's problem is
created, well, what is the DDA? It is absolutely the same thing. Now, Marty
Fine tells me the differen(�- is there is a constitutional restraint, and Mrs.
Dougherty, I ask you on a preliminary basis, look at the very complex issue of
the 10 mill cap for the DDA and the constitutional issue, as Mr. Fine says may
exist for the DDA, that does not exist for the fire special tax districts of
Metropolitan Dade County. I don't understand the logic of that, but it seems
to me that if Metro is going to solve their problem, that will solve our
problem too'.
Mrs. Dougherty: We are still looking into it, Mr. Mayor.
Mayor Ferre: Would you, by September, have a report for us?
Mrs. Dougherty: Absolutely.
Mayor Ferre: Okay, and put it on the agenda for discussion so that we are
aware of this. All right, I don't know if the rest of the Commission concurs
here. Do you have any problem continuing this? Anything else?
Mr. Plummer: I am just making a committee report, Mr. Mayor. Each one of you
will be receiving a memo from the Manager, asking you, in a questionnaire what
you want this committee to do in the coming months, if you want it to exist
and we will then compile all of the answers and go towards that goal.
7. FUNDING REQUEST - HAITIAN REFUGEE CENTER - REFERRED TO THE CITY MANAGER.
Mayor Ferre: Commissioner Dawkins, you were going to ask Father Juste ...
Father Gerard Juste: Good morning, Mr. Mayor. Good morning, Commissioners -
everyone. My name is Father Gerard Juste from the Haitian Refugee Center and
I would like to let you know that at the present moment, the Haitian Refugee
Center is in need of about $10,000 to end its fiscal year up to about
September 30, 1985, so we would be very grateful to this City Commission if
they can help us to provide services in the Haitian community in the City of
Miami.
Mr. Dawkins: Did you take this to the City Manager?
Father Juste: We have submitted a proposal, Commissioner Dawkins, and ...
Mr. Dawkins: Mr. Manager, have you had time to evaluate the request?
Mr. Plummer: Excuse me, what is the request of money for?
Father Juste: To provide legal assistance to the Haitian refugees living in
the area, Commissioner.
Mayor Ferre: Where are you getting most of your money now, Father?
Father Juste: I have with me the Administrator of the Center, Len Kaminsky,
and I hope that he will explain it to you.
Mr. Dawkins: The only problem, Father, is that HACAD is getting money from
Legal Services, so now, how do we tie the two together. Let him explain that,
will you please?
Id 6 July 25, 1985
0
Unidentified Speaker: The funding we get is from major foundations; for
example, the Ford Foundation, Church World Services, the Ford Foundation and
other major foundations. We also do some -------
Mayor Ferre; Art vo i E--'tina ft]nlinp dirPotly from the Ford Foundation? —
Unidentified Speaker: Yes, we do.
Mayor Ferre: I thought that that was going to the Haitian ... to the one
where Robert Lamont was director. What was the name of that?
Father Juste: Haitian Taskforce.
Mayor Ferre: Haitian Taskforce.
Father Juste: But we have been the first ones down here to bring money to
Miami throuh the Ford Foundation, among the Haitians, I mean.
Mayor Ferre: Are you currently funded by Ford?
Father Juste: Yes.
Mayor Ferre: How much are you receiving from Ford?
Father Juste: I guess in the last two years we have received approximately
$250,000.
Mayor Ferre: And where else are you getting your funding from?
Father Juste: Church World Services, the Teale Foundation and many other
smaller foundations - those are the major funders.
Mayor Ferre: Are you getting any funding from United Way?
Father Juste: No, we are not.
Mayor Ferre: Are you getting any funding from Metropolitan Dade County?
Mr. Len Kaminsky: Yes, we are.
Mayor Ferre: How much are you getting from them?
Mr. Kaminsky: We get $35,000. They fund one attorney and one pars -legal for
us.
Mayor Ferre And how much did you get from the City of Miami?
Mr. Kaminsky: We have never requested money before.
Mayor Ferre: You have never gotten any money? I understand from the letter
that you wrote me, Father, that this is a very serious matter, and it is a
really critical thing, is that correct?
Father Juste: Yes, Mayor.
Mayor Ferre: Okay, and you feel that it is something that must be done very,
very quickly?
Father Juste: Well, we would appreciate that because we have many these
Haitian, and we need assistance, and right now we cannot help them.
Mr. Pereira: I've got a recommendation. They can compete for Federal
Revenue Sharing.
Mayor Ferre: Do you know a Mr. Ringo Cayard?
Father Juste: Yes, Mr. Ringo Cayard.
Mayor Ferre: Does that name strike a bell?
Id 7 July 25, 1985
Father Juste: Yes, Mr. Ringo Cayarl is the ...
Mayor Ferre: Is Mr. Ringo Cayard a reasonribi- man? is he a nice man?
Father Justt: yes. hp ;r h vpry great Haitian in this community.
Mayor Ferre: He is a great Haitian, el:! And you think th9t when he requests
things, that h,- visually reque^ts reasonable things?
Father Juste: So far, he has been very reasonable. 1 am praying for him to
stay reasonable.
Mayor Ferre: All right. And what is the Administration's recommendation'
Mr. Pereira: Mr. Mayor, you know, we received the proposal at 2:30 P.M. in
the afternoon yesterday. In order to be fair, in order to examine all of the
possibilities and you know, it is impossible to do it, you know, by 3:30 P.M.
in the afternoon and this morning. My recommendation is to allow us to review
the proposal and try to design a path where funds could be obtained. It might
be a combination of competing with Federal Revenue Sharing Funds coming up in
October, a combination of community development, but I think it is
irresponsible for me to say to you at this point, yes or no.
Mayor Ferre: I wouldn't expect anything else from you, and I commend you for
that. Our problem is, under normal circumstances, I would say, let us roll
this thing over until the next meeting and give you time, but the next meeting
is in September, and these people are under critical ... now, the problem is,
that you can give them $4,900 at your own discretion in the way our
regulations run, but anything over that, you need to get Commission approval,
so I would like to do is, I would like to put the burden ...
Mr. Pereira: $4,500.
Mayor Ferre: $4,500, okay ... I would like to put the burden on you and I
want you to understand, Father, is that we are not giving you $10,000. All we
are doing in the motion we are about to make, is to let the Manager - we are
authorizing the Manage, we are giving him the authority to make that decision
on his own, so you know have to deal with him and it will be his decision. If
he says no, then I am awfully sorry, we are not going to be able to do
anything for you.
Father Juste: We are in good hands, your Honor, and we appreciate that.
Mayor Ferre: Well, that remains to be seen if you say that if he says no to
you!
Mr. Pereira: We have gone through a lot of battles together!
Mayor Ferre: Is there a motion that this be turned over to the Manager and
authorizing him at his discretion?
Mr. Plummer: So moved.
Mayor Ferre: Is there a second? Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-794
A MOTION REFERRING TO THE CITY MANAGER A REQUEST
RECEIVED FROM REPRESENTATIVES OF THE HAITIAN REFUGEE
CENTER FOR LEGAL ASSISTANCE IN THE APPROXIMATE AMOUNT
OF $10,000 IN ORDER TO CARRY SAID GROUP THROUGH THE
END OF THE FISCAL YEAR; FURTHER REQUESTING THE MANAGER
TO REVIEW THIS REQUEST ND MAKE A FINAL DECISION ON HIS
OWN.
Id
8 July 25, 1985
I
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor A. Fer rt
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
------------------------------------------------------------------------------
F
8. PERMIT SALE OF BEER AND WINE - WATSON ISLAND IN CONNECTION WITH HAITIAN _
FESTIVITIES EVENT.
------------------------------------------------------------------------------
Mr. Dawkins: Ringo, come on, let's gets through, please.
Mr. Ringo Cayard: Ringo Cayard, 100 - 62nd Street. We are going to be
presenting our annual Cayard Corporation festivity in Watson Island and we
would like to sell beer and wine and the proceeds would go to the Haitian
Refugee Center and HACAD in order to help out in that situation.
Mr. Dawkins: You want to sell beer one day?
Mr. Cuyard: Beer and wine for one day and Cayard Corporation would be paying
for all the expenses.
Mr. Dawkins: Mr. Manager, didn't we just let them sell beer and wine in
Peacock?
Mr. Pereira: Yes.
Mr. Dawkins: I move. You've got to wait for Plummer now.
Mayor Ferre: Plummer seconds. Is there further discussion? What is the name
of that Haitian food that they make out of conch?
Mr. Cayard: Lambi
Mayor Ferre: Lambi? I want to make sure that you have got plenty of Lambi for
the Commissioners and for members of the ...
Mr. Dawkins: No, no, no! The Herald is in here!!
Mr. Cuyard: You guys might get too excited after that.
Mayor Ferre: All right, ready for the vote? Call the roll, please.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-795
A MOTION GRANTING A REQUEST RECEIVED FROM
REPRESENTATIVES OF THE HAITIAN COMMUNITY FOR USE OF
WATSON ISLAND IN CONNECTION WITH THE CELEBRATION OF
HAITIAN FESTIVITIES; FURTHER GRANTING THEM A ONE -DAY
PERMIT FOR THE SALE OF BEER AND WINE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
ld
WO
July 25, 1985
R
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 Caro�lc
------------------------------------------------------------------------------
tee,
9. PRESENT STEVE HART WITH GOLD BAG. F
------------------------------------------------------------------------------
Mr. Plummer: Mr. Steve Martin? Mr. Mayor, this man, besides ...
Mr. Pereira: Dogcatcher!
Mr. Plummer: What?
Mr. Pereira: Can we get that dogcatcher in?
Mr. Plummer: The dogcatcher, yes. Did you have your rabies shot this
morning? Other than the fact that he had the most unique birthday I ever
attended in Vizcaya for - Steve, was it 50 that you admitted to? You admitted
to. Steve Martin is in the advertising business, and I want to tell you, Mr.
Mayor, two years in a row, for the Unlimited Regatta, this man has donated the
Regatta which is for the City, almost $30,000 a year in free advertising on
the buses and other things that he has control. Mr. Lew Price put a bug in my
ear that this man was an absolute nut when it came to golf, and he asked me if
we could get something to make a presentation, and Mr. Mayor, is the
photographer here? I'd like to get a photo of him.
Mr. Pereira: It will break the camera!
Mr. Plummer: Not you, the other camera man! Mr. Mayor, we have, and I will
ask you to make the presentation for me.
Mayor Ferre: And this is to carry beer around in! If you look at this side,
you know that this is really a big beer barrel and we expect you to go around
with it and spill beer.
Mr. Plummer: Mr. Mayor, of course the race is sponsored, as you know, by
Budweiser and Steve, they would like to present you with this golden putter
with your name engraved on the putter.
10. GRANT PERMISSION TO USE CITY STREE'1`3 FOR FAMILY BICYCLING DAY SEPTEMBER
29TH.
Mayor Ferre: All right, my pocket items are - I have the Dade County
Bicycling Coalition. Miller, I think they wrote you, and Joe, and J. L. a
letter asking that the Family Bicycling Day be Sunday September 29th, and they
want permission to use the streets of Miami again for this year's event.
Anybody have any objections to that?
Mr. Carollo: Moved by Carollo.
z Mayor Ferre; Moved by Carollo. Is there a second? Second by Plummer.
Further discussion? Dade County Bicycling Coalition, using the streets of
Miami this year again for the bicycling event.
Mr. Plummer: Mr. Mayor, as long as they make sure that the City is protected
with liability insurance and all other protections, I would move it.
l
Id 10 July 25, 1985
Mayor Ferre: All the same precautions as usual, the week of September 29th.
Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its ado tion:
MOTION NC. 65-796
A MOTION GRANTING REQUEST RECEIVED FROM THE DADE COUNTY
BICYCLING COALITION FOR USE OF CITY STREETS IN CONNECTION
WITH THIS YEAR'S EVENT (FAMILY BICYCLING DAY) WHICH WILL
TAKE PLACE SUNDAY, SEPTEMBER 29TH; PROVIDED AID GROUP
PLEDGE THEIR ASSURANCE THAT THE CITY WILL BE INSURED
AGAINST ANY POTENTIAL LIABILITY
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Ferre: Would the Administration call Herb Hiller and Warren Wepman and
inform them? Mr. Manager, who is going to do that? Al, is that you? Are you
writing it down? They need to be informed that this has been approved.
11. APPOINT COMMISSIONER J. L. PLUMPER TO INVESTIGATE POSSIBILITY OF MOVING
OF CITY HALL TO FREEDOM TOWER.
Mayor Ferre: The next pocket item that I have deals ... Mr. Manager?
Mr. Pereira: Yes, sir?
Mayor Ferre: On different occasions, I have asked two of your predecessors to
come up with a plan to build a new City Hall. I am not saying that we are
going to approve it. I am not saying that we are going to move out of here.
I am just saying that we ought to try to get a plan for us to move into the
government area where all the other agencies of government are - Federal,
State, Metro, and so on. Mr. Grassie never came back with any kind of plan
that made much sense. Foesmoen never came up with anything and Gary never
came up with anything in three and one-half years. Now, Mr. Manager, we have
an opportunity, which doesn't often come along, and that is, I understand that
there might be a possibility of working something out with the Freedom Tower.
Now, I realize that the Freedom Tower is not in the government center as
designated by the Master Plan, but it is three blocks away and it is certainly
a historic location and it is my understanding that the State government is
also looking at the possibilities of using the Freedom Tower for a State
building. Now, it is my personal opinion, that the tower itself, which is
main symbolic thing, not only because it was the Miami News building, but
because it was also for many years the offices of the Cuban Refugee Center,
and therefore, in a way it is really our Statue of Liberty. We don't think we
} need to build a Statue of Liberty. We have a Statue of Liberty - it is the
Freedom Tower. The Tower itself is kind of a unique design, and I don't know
whether it can be really be used in the tower portion, but down on the ground
floor, and on the second floor, and especially in the space behind, there
might be sufficient room for us to build a very unique and a very beautiful
City Hall. I don't know know whether this would be on a purchase or a lease,
or what the details of that would be, but I would like to, first of all, say
that this Commission is receptive to the idea of looking at, not to making any
commitments and as such, I would like to appoint a committee, and I would like
to ask Commissioner Plummer to be the chairman of that committee to study the
ld 11 July 25, 1985
maximum use of the historic Freedom Tower as a possible location for City
office space. Now, this study should parallel the efforts being made by
Governor Graham and the State Department of General Services, which was
funded ty the recent to look at the public and private sector use
for this historic site. I would also like you, Mr. Manager, to be on that
committee and I would like the remainlnC members of the Commission to
recommend one member a piece, so that we don't end up with a Commission with a
committee of 30J people, but a small committee of six, seven or eight people
that would look into the possibility, Mr. Plummer, of using this space and you
could come back to us with a recommendation. At that time of course, it will
be open for discussion and for deliberations and if it was the will of the
Commission at that time to pursue it any further, we will obviously have to
have public hearings on it.
Mr. Dawkins: Okay, I am recommending Joe Carollo now, because Plummer was
just on the last committee and just seem to be sticking with Plummer, so let's
put Plummer and Carollo there.
Mayor Ferre: Fine, I have Mr. Plummer then ...
Mr. Dawkins: No, no, no. I want it to be the two of you there!
• Mr. Plummer: Excuse me. Miller, the problem that you have is with the
Sunshine Law when you put two Commissioners.
Mr. Dawkins: Okay, well then, I just ...
Mr. Plummer: And I will be more than happy to ...
Mr. Dawkins: I mean, some of the rest of the Commissioners here ought to go
on the committees.
Mr. Plummer: I love you!
Mr. Dawkins: Okay, no problem!
Mayor Ferre: All right, then Mr. Carollo is the chairperson of it, and Mr.
Plummer, thank you for your brief ...
Mr. Carollo: J. L., in all frankness I appreciate Commissioner Dawkins
bringing my name up for this, but I have no problems if you want to chair it.
Mr. Plummer: Joe, the only problem, as you know, when you put two
Commissioners, then you have got to do all the notice and everything. We have
the Sunshine Law and that is why I think that two Commissioners ... I would be
more than happy to ...
Mr. Dawkins: No, Joe is saying he is rescinding in order for you to have it.
That is what Joe is saying. I have no problem with that.
Mayor Ferre: I don't care which one ...
Mr. Dawkins: I have no problems with it.
Mr. Plummer: Whatever!
Mr. Dawkins: Go ahead, Mr. Mayor. Plummer can have it.
Mr. Carollo: Thank you, Miller.
Mayor Ferre: All right, I don't think it is ... I will tell you, just to
formalize it, I just move that in the form of a motion that that committee be
created; that Plummer be the Chairperson of it; that the Manager sit on the
Committee and that we submit names of five other individuals, if you would
please - each Commissioner would submit one name for the purposes of filling
that committee, It would be a seven person committee. All right, further
discussion? Call the roll.
id 12 July 25, 1985
1
The following motion was introduced by Mayor Ferre, who moved its
adoption:
Mo 1 iol; NO. 95-70"7
A MOTION EXPRSSiN" THE INTENT L)F THE CITY COMMISSION TO
BE:',_N NE":::,�Ah STE"" TO LOOK INTO THE POSSIBILITY OF THE
USE OF THE "FREEDOM TOWER" LOCATION AS THE SITE OF A CITY
HALL FOR THE CITY OF MIAMI; APPOINTING COMMISSIONER J. L.
PLUMMER AS CHAIRPERSON AND CITY MANAGER SERGIO PEREIRA AND
REQUESTING THAT EACH MEMBER OF THE CITY COMMISSION,
PROFFER ONE NAME TO BE APPOINTED TO THE COMMITTEE WHICH
WOULD TOTAL 7 MEMBERS AND CHARGING THIS COMMITTEE WITH
REPORTING ITS FINDING;, AND RECOMMEN.aATIONS TO THE CITY
COMMISSION AT THE EARLIEST POSSIBLE DATE. FOLLOWING
CONSIDERATION OF THE RECOMMIENDATIONS BY THE COV ITTEE,
NECESSARY PUBLIC HEARINGS WILL BE SCHEDULED.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
ON ROLL CALL:
Mr. Carollo: Mr. Mayor, while voting "yes", I think that the point that my
colleague was trying to make was that some of us didn't receive any
info_-.ation on this at all until a few minutes ago when we arrived at this
Commission meeting.
Mayor Ferre: Well, I apologize for that. As you know, I have been out of
town. This is something that just came up this last week. I thought that
everybody was aware of this and I apologize to you, even though it was no
fault of mine that you were not properly informed.
Mr. Carollo: It is not your fault, Mr. Mayor.
12. PERSONAL APPEARANCE - HENRY GIBBONS, REQUESTING $40,000 LOAN C.D. FUNDS
FOR PURCHASE OF LAND FACING GIBSON PARK - REFERRED TO CITY MANAGER.
Mr. Dawkins: I have one more pocket item - Mr. Gibbons, please.
Mayor Ferre: All right. Go ahead, Henry.
Mr. Henry Gibbons: Good morning, Mr. Mayor and members of the Commission. On
December 28th, we had a most unfortunate incident that happened here in this
community. As I tried to enter the inner -City, I was stopped by Commissioner
Plummer and Commissioner Dawkins. Since that time of that incident ...
Mr. Ongie: Put your name in the record, please.
Mr. Gibbons: Henry Gibbons, 1495 N. W. 3rd Avenue. Since that time it has
caused an extremely, very bad hardship on the owners and principles of the
recreational establishment, which is located at 1495 N. W. 3rd Avenue. As a
result of that, we would like to request of this Commission, Number one, that
a parcel of land which is listed in the name of Myrtle Boyd, which is located
at 12th Avenue and 13th Street, facing Gibson Park, be purchased by Community
Development. Number two, recently we tried to finance a four unit, four one -
bedroom units apartment complex. We were rejected by the Federal Housing
ld 13 July 25, 1985
Administration because the Federal Housing Administr.t,ion figured that it was
too close to the expressway and was in violation of their law, so therefore,
the;; re, i t?.,, finan,7'-r _ : ` _;n : w}.; ^h wp had a buyer. We wouli like to _
seek Community 'Development assistance or finHncini- `hrit project for us, if the
buyer meets the qualification, and th- building i:, up to their standarls. We
just spP .' over g40,r)") ca0: r�:r.ivating that buil3ing, so it is in sound
condition. Tht third item is that we are desirous oreopening the -
recreational establishment and we are requesting a loan of at a market
rate of interest for a period of five years so that we can reopen that arcade, -
change its concept, and again make it a viable entity within the Black
community. of Overtown. Thank you.
Mr. Plummer: Excuse When you say "we", who is "we"?
Mr. Gibbon: We, being; the corporation, recreational establishment.
Mr. Plummer; The corporation?
Mr. Gibbons: Yes, Commissioner.
Mr. Plummer: The corporation? The name of the corporation?
Mr. Gibbons: Recreational establishment.
Mr. Plummer: Who are the principals of that corporation?
Mr. Gibbons: The President of the corporation is Willy Watkins.
Mr. Plummer: And the other principals?
Mr. Gibbons: He is the primary principal.
Mr. Plummer: Yes, but I am trying ... what you are asking the Commission to
do is buy some land, correct? is that the piece of land where the apartment
is?
Mr. Gibbons: No, sir, you didn't understand me. There is one vacant parcel of
land that we have which is located between 13th and 12th Street that faces the
Gibson Park, and in speaking to Mr. Castaneda and Mr. Schwartz, they indicated
that that is a parcel that they have no qualms with buying, because they are
interested in purchasing that parcel.
Mr. Plummer: Okay, and then the second request ...
Mr. Gibbons: The second request is when we went before the Federal Housing
Administration ...
Mr. Plummer: "We", you are speaking now of the same corporation?
Mr. Gibbons: That is right.
Mr. Plummer: Okay.
Mr. Gibbons: The parcel of land that I am talking about, between 12th and
13th Street is held in the name of Myrtle Boyd. That is the parcel of land.
The second item is the financing of the apartment complex, which is 1423 . W.
3rd Avenue, which is four one -bedroom units.
Mr. Plummer: Is that in the name of the same corporation?
Mr. Gibbons: That parcel is held in the name of Willy Watkins.
Mr. Plummer: All right, then the third request is from the amusement ...
Mr. Gibbons; ... center, which is ...
Mr. Plummer: So actually, you are talking about three different items.
Mr. Gibbons: Right, but the three different items I am speaking of,
Commissioner, are all a part of the same family and a part of the same entity.
The real estate is just held in different names, that is all.
ld 14 July 25, 1985
% 49
Mr. Plummer: Has the Manager seen this?
Mr. Dawkiiis: Mr. Mq-.v: r, have you seen this? okay, Mr. Mayor, I make a
recommendation that Mr. Gibbons turn this over t-) the A17,ini tration and then
they evaluate it and bring back a re:ommendhtiu%-
Mr. Gibbons: I presented this to Community Development.
Mr. Dawkins: Okay, fine, but the Manager says he has no recommendation, Mr.
Gibbons, so therefore we can't do anything without a recommendation. Now, if
you want him to recommend without seeing it, then he will probably say no, and
we will be through.
Mr. Pereira: The day before yesterday' We got it the day before yesterday.
Mayor Ferre: All right, so where are we on this?
Mr. Dawkins: I am going to recommend that this be turned over to the Manager
and the Manager bring it back for a recommendation.
Mayor Ferre: All right, further discussion? Call the roll.
THEREUPON, THE CITY COMMISSION REFERRED THIS ITEM TO
THE MANAGER FOR STUDY AND RECOMMENDATION 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.
13. DISCUSSION REGARDING FAILURE OF CITY PAID LOBBYISTS OF SUBMITTING REPORTS
DESCRIBING THEIR ACTIVITIES - CITY MANAGER TO REPORT SEPTEMBER 12TH.
Mayor Ferre: Mr. Manager, while you are looking at the contracts,
Commissioner brought up the question of contracts for Mark Israel ... we need
to look at various contracts in this whole thing. I mean, I for example, the
Kramer contract I want to see, how much ... Arthur Teale, we have been paying
Arthur Teale, my guess is that by the end of this year it will be up to
$100,000. I have yet to see one single, page, one report explaining what Mr.
Arthur Teale is doing, and Mr. Arthur Teale is a friend of mine, that was my
idea originally Now, he is a supporter of mine, and I am a strong advocate of
his abilities, but that needs to be ... he needs to, I have told him twice
already, that he needs to justify it what - you know, there were some very
specific goals that we were going to go after in Washington and that is what
was all about. Now, that is one - Bill Kramer is another one. I need to know
exactly what Bill Kramer is doing for the monies that we are paying him and we
also ... I know that Rick Sisser, we got a report for his activities in the
Legislature, but I don't know whether that was a final report, and we need to
see that for both Marilyn Reed and Mrs. Range. We need all these things for
all our expenditures for lobbyists and with specific goals in mind - it is my
understanding that of all these, the one we spend the most money with is with
Mr. Teale. Now, I hear back from Congressman Bill Kramer, and we hear reports
once in a while from all these different people. We need to know a list of
who they are, how much they are making and what is it they are doing.
Mr. Pereira: That is one of the reasons why I, when Commissioner Dawkins
brought up the other item, I have asked staff to give you that kind of
information. I want to evaluate, since most of those contracts are up for
renewal, I want to evaluate ...
ld 15 July 25, 1985
,ram...
0
4k
Mr. Dawkins: Mr. Manager.
Mr. Pereira: s,
Mr. Dawkins: I want a copy of Mr. TeAle's cona..tant contract and I would
also like to mako a motion: the t M-. Tease and any other consultant that we
have, be put on notice as of today that they will not receive another penny of
the "ity of Miami's money until we get a report - all of them.
Mr. Pereira: Well, if I may, Commissioner, we have several things all going
right now in Washington, and we have contracts that are valid with some of
these individuals that are critical to the City. As we evaluate the
performance and make a recommendation for next year, you know ...
Mr. Dawkins: But you see, you are telling me that you are evaluating it, but
yet you don't have any evaluation, so now evidently you have been looking at
this because you just told me, "Hey look, we are looking at this and there are
some that is critical and some that is not critical, so now, where are we?
Mr. Pereira: We have for example, the Kramer firm that is working on a couple
of items that is important to us.
Mr. Dawkins: Then, put them on notice that as of September 1 ...
Mayor Ferre: September meeting.
Mr. Dawkins: Okay, when is the next meeting - September 12th?
Mayor Ferre: First meeting in September!
Mr. Dawkins: Yes, if we do not have a report - those that you do not have a
report from, you bring us a recommendation on them, how is that?
Mr. Pereira: That is fine.
Mr. Dawkins: All right, that is a motion.
Mayor Ferre: All right, is there a second?
Mr. Plummer: I will second the motion, but I am also informed, Commissioner,
that Mark Israel, his contract is expired in June, and do you want to extend
that for a month period, or not?
Mayor Ferre: That is a separate item. If you want to do that, I have no
problems, I vote with that motion.
Mr. Dawkins: If it expired, and the Manager did not renew it, he has got some
problems with it, then I've got to go along with it.
Mayor Ferre: That is not the issue. The issue that Plummer is bringing up is
that we haven't paid the man for June and July, and obviously we are going to
pay him, so what he is saying is, that we ought to approve payment for June,
July, and August until it comes up in September. I've got no problem with
that.
Mr. Dawkins: Okay, that is a separate motion?
Mayor Ferre: That is a separate motion.
Mr. Plummer: I understand that.
Mayor Ferre: To Dawkins' motion, is there a second?
Mr. Plummer: I second it.
Mayor Ferre: Plummer seconds. Is there further discussion? Call the roll.
ld 16 July 25. 1
44
The following motion was introduce) by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-798
A MOTION AUTHO_RIZING AND DIRE"TiN: THE CITY MANAGER TO
PUT ALL LEGISLATIVE CONSULTANTS UNDER CONTRACT ON
NOTICE THAT TIMELY REPORTS OF THEIR ACTIVITIES MUST BE
SUBMITTED TO THE CITY PRIOR TO THE FIRST MEETING IN
SEPTEMBER; FURTHER DIRECTIN3 THE CITY COMMISSION
REGARDING THOSE CONSULTANTS WHO HAVE NOT SUBMITTED A
REPORT ON THEIR ACTIVITIES.
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.
Mayor Ferre: Now, your motion, Plummer, go ahead.
Mr. Plummer: My motion would be to pay Mr. Mark Israel for a one month period
on the same basis and rate that he had received in the past year until this
matter is decided.
Mayor Ferre: Is there a second
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call that roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-799
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PAY MARK ISRAEL (THE CITY'S LOBBYIST IN WASHINGTON) ON
A MONTH -TO -MONTH BASIS UNTIL HIS CONTRACT IS REVIEWED
BY THE ADMINISTRATION AND A FINAL DECISION IS REACHED
BY THE CITY COMMISSION.
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.
ld 17
July 25, 1985
4 i
14. DISCUSSION: COMMISSIONER CAROLLO REGARDING ACCUSATIONS.
Mayor Ferre: All right, Commissioner Carollo, pocket items?
Mr. Carollo: Mr. Mayor, I don't have any pocket items, but if I may, I would
like to take five minutes of my colleague's time to go back ...
Mayor Ferre: Wait a minute, out of courtesy to Commissioner Perez, do you
have any pocket items? Go ahead.
Mr. Carollo: To go back, Mr. Mayor, a little bit into recent history, to try
to refresh my colleague's minds, and maybe some of those in the media, in some
certain instances that happened here where I was attack more viciously than
any public official ever at the local level. I am referring to, Mr. Mayor,
back to October in 1984 when in this very Commission Chambers, I brought up
certain information linking the Sunshine State Bank to different individuals
that were being investigated by the United States Government for the
laundering of drug money and their associations with the Communist government
of Cuba in bring drugs through Cuba into Miami in return for bringing
armaments to the Sandinista guerrillas and other Communist guerrilla movements
in Latin America. In the night edition of the Herald there was this small
paragraph (this is October 3, 1984, the night edition of the Herald) there was
this following paragraph that I am going to read which very mysteriously
disappeared from the morning edition of the Herald. It said:
"Carollo also linked to banks to accused drug king pin, Jose Tony
Fernandez, a convicted income tax evader of Alvera Cruz both of whom
Carollo said were involved with the Cuban government is selling arms to
the Sandinistas in Nicaragua."
What I stated at the time, Mr. Mayor, was Mr. Alvera Cruz and Mr. Fernandez
had been involved in bringing some 200,000 pounds of marijuana and drugs into
the United States. Mr. Cruz had a Cuban passport that he had been traveling
with that stated that it was issued in Havana, that he had met with Raul
Castro, Fidel Castro's brother at least on four occasions. That was confirmed
by the United States Government and furthermore, that Mr. Cruz was
instrumental with Mr. Fernandez in arranging for 5,000 weapons to be delivered
to the Sandinistas in 1978. After these statements that I made at the time,
Mr. Mayor and my colleagues, you will recall there came editorials and scores
of articles in the morning and afternoon Miami Herald. One dated October 4,
1984, said:
"Ostracize Carollo. Mr. Carollo carries innuendoes in witch hunting to
its ugliest extreme."
"Innuendoes and witch hunting" I am going to prove what they mean by
innuendoes and witch hunting. The Miami News editorial of the same date,
October 4, 1984 it says:
"Joe Carollo isn't the first public official to attempt to smear other
people by waving mysterious papers, and talking about suspicious
incidents, but refuses to reveal key details, shouting witch, Communist
or drug puppeteer and then sitting back smugly as his targets attempt to
prove the charges are all lies."
Mr. Mayor, approximately two months after I made those statements in this
Commission meeting, then after I was attacked so viciously, without the first
attempt by the morning or afternoon Miami Herald to prove or disprove the fact
that I presented to this community at the time, there was the following
article that appeared in the Miami Herald. The exact date was December 13,
1984, a couple of months after that. It says - it starts out by this
paragraph:
Mayor Ferre: The 18th?
1
F
Mr. Carollo: No, this appeared in the Herald by Susan Sachs.
"The controversial Sunshine State Banr. of !!,',7._ w93 secretly bought_
with i11Aga1 profits in 177R Tt. hH.. been part of a criminal
racketeering operating ever since according to a federal indictment
insealed unsealed Wednesday.
They said Mr. Jose Anthony Fernandez, the individual which i just read - the
previous statements that I had made in October of 1984, had admitted to the
Federal Government that it was his money that had bought that bank. No
mention whatsoever in the morning or afternoon newspaper, that this
Commissioner risked his life and his family's life to bring this kind of
information out. Then finally, Mr. Mayor, after Miss Susan Sachs called me
trying to find information from me, that I directed her to the appropriate
people for that - finally this article came out in the Miami Herald, a very
small article, really unnoticable compared to other much less important news
they print in their paper in the front page, like for instance, if Mr. Oterriz
went to Paris or not or Mr. Dawkins went to Columbia and spent $24 more
dollars of City monies, or what have you. But, this article says the
following:
"An admitted smuggler facing a possible life sentence has provided
tantalizing new evidence that Cuban government officials protected
American bound drug shipments in exchange for load of weapons. The
information about the Cuban connection comes from Jose Anthony Fernandez
The same Anthony Fernandez that I mentioned in October, 1984.
"This former fugitive, who admitted smuggling more than $200,000,000
worth of pot into the U. S. - Assistant U. S. Attorney, Dan Cassidy, in
a document filed in Federal court said Fernandez had provided credible
details about unsolved murders, Cuban government agents and corrupt
police. Fernandez has pleaded guilty in drug cases in New Orleans and
Miami and admitted laundering drug profits by secretly buying property,
including the Sunshine State Bank. Fernandez told the government of
secret meetings with Castro agents to arrange safe passage for marijuana
shipment through Cuban waters, according to the court documents. In
exchange, the Cubans demanded weapons that Fernandez claims were
subsequently shipped to Nicaragua, E1 Salvador and Columbia. Fernandez
said he can identify individuals now involved in such an arrangements.
Mr. Mayor, I submit to you this Commission and this community, that if this is
witch hunting, if these are innuendoes and falsehoods, then let the public
judge me, and Mr. Mayor, the statements that I made back in October of 1984 in
these Commission Chambers have proven to be 100% true, 100% on target and
these so-called people that are the watch dogs of the community haven't had
the singular decency to give this kind of news the adequate placement in their
papers that it deserves - the least space, not one sentence to say "Hey, we
were wrong and this individual that stuck his neck way out", something none of
them would ever have done, was right. Thank you, Mr. Mayor.
15. APPROVE PRELIMINARY DRAWINGS: ROOF TOP PHOTO DECK FOR ORANGE BOWL
STADIUM.
Mayor Ferre: This is Agenda Item 56, which the representatives of the
University of Miami Athletic Department are unable to return this afternoon,
and they have asked that this be dealt with this morning, early on, so they
can get back to their endeavors. Yes, sir?
Mr. Cesar Odio; About three months ago we were requested by the University of
Miami to look at the possibility of emptying the fifth floor of the Press box
from the photographers and television cameras so that they could convert that
into VIP boxes for the people that are fund raisers for the University of
Miami, and at that time we began to work a roof top project ...
Id 19 July 25, 1985 —
Mayor Ferre: This is -at the ?ranf;u Bowl?
Air. Odic): At the Orange Bowl, sir, so th-it we -in nHl mother floor to the
Press box to ...
Mayor Ferre: 'flow much is this going to coot?
Mr. Odio: The cost is $65,000, approximi it?ly.
Mayor Ferre: Do we have the funds for that?
Mr. Olio: The hands have been :illon ated from the T.D.C. funds.
Mayor Ferre: are you recommending it?
Mr. Odio: We are recommending that we proceed with this on one basis :and the
University will pay for it and we will have it ready by September 7th when
there is a Florida game and then we will reimburse them during the season from
revenues.
Mayor Ferre: George, is that what you are here on? Is this your thing?
Mr. Plummer: Mr. Mayor, this came before the Commission itself some months
back and we instructed him to proceed with this. it goes even f.irther, Mr.
Mayor. It goes even further, Mr. Mayor. This is what they want to do
immediately. Basically, what they want to do is put on the roof a canopy, and
put all the Press up on the roof. This is the canopy in Orange. The Second
phase of this, Mr. Mayor, is this lower portion, which does not exist today,
to enclose this in, but that would be in a subsequent motion. I think what
they are looking for today is approval to do this tip here, which is $65,000,
renovate this here, where they can use it to sell, but I would tie one thing
to the motion of approval, and that is that we get iron clad that the contract
with the City of Miami would be until 1991. Excuse me?
Mayor Ferre: The university?
Air. Pereira: The university.
Mr. Plummer: The university would make their contract with the City for the
use of that facility to 1991. In a subsequent motion, I would like to move,
Mr. Mayor, the bottom portion, in principal, approve it, and then ask him to
go back and completely refine it and come back before this Commission. This
is doable before the football season this year.
Mayor Ferre: J. L., let me ask you this. Is that cloth, or is that a
permanent material?
Mr. Plummer: That is a permanent material, Mr. Mayor, in which they will give
a guarantee the same as steel.
Mayor Ferre: Mr. Buff how long will that stuff last?
Mr. Buff: It has the same life as a standard roof - it is 17 to 20 years and
it has a fabric membrane.
Mayor Ferre: And the purpose of that is so that if it rains, people will be
under ...
Mr. Buff: It will protect the cameramen that will be up on that roof.
Mr. Plummer: See, what they are doing right now ...
Mayor Ferre: I would assume that that would have some kind of a safety rail
all the way around, and access - you would have to walk: up there and they
would have to take the elevator up to Joe Robbie's floor, right?
Mr. Plummer: Just for when you walk up.
Mr. Buff: There are access stairs there now.
ld 20--
14
i
Mayor Ferre: You remember Joe Robbie, don't you, seorge?
(INAUDIBLE BACKGRvUN
Mayor Ferre: That is really what it is, but ...
Mr. Plummer: You understand what is trying to be accomplished?
Mr. Buff: There is a rail around there now, Mr. Mayor.
Mayor Ferre: Okay, does anyboiy have any problems with this? Do you have any -
problems with this?
Mayor Ferre: Now, you know, even though I am no great fan of Joe Robbie, out
of courtesy to the Dolphins, I assume that they and the Orange Bowl Committee
will be told and informed that this has been done so that we don't end up in a
lawsuit and lose $,300,000 and go up to the Supreme Court and spend five years
fighting Bob Shevin and what have you.
Mr. Odio: The University of Miami and the City and Mr. Robbie have met and we
had meetings with them and they have approved the roof and they are delaying
the bottom part of until ...
Mr. Plummer: That is why we are doing this in principle.
Mayor Ferre: Okay.
Mr. Plummer: Mr. Mayor, I would move at this time that they proceed with the
fifth floor renovation and the canopy on the roof and to proceed with that so
it can be completed by September 7th football game this year and in principle
we accept the lower portion and ask them to go back and completely refine and
come back with the numbers on that - all of that predicated on the
University's contract with the City being until 1991. I so move.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-800
A RESOLUTION APPROVING THE PRELIMINARY DRAWINGS FOR A
NEW ROOF TOP PHOTO DECK AT THE ORANGE BOWL STADIUM BY
THE ARCHITECTURAL FIRM OF KUNDE, SPRECHER, YASKIN AND
ASSOCIATES; AUTHORIZING SAID ARCHITECTURAL FIRM TO
PREPARE FINAL PLANS AND DETAILED SPECIFICATIONS FOR
THE NEW ROOF TOP PHOTO DECK; AND FURTHER AUTHORIZING
THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
CONTRACT WITH SAID FIRM FOR A FEE NOT TO EXCEED
$8,000.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote-
_ ld 21 July 25, 1965
&P-
4
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner j. L. Plummer, ,'r.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Pereira: Mr. Mayor, there are two companion resolutions that must go with
this item, dealing with the pay back by the University, so on and so forth,
that are being reviewed right now by the Law Department and we will bring back
to you when they are ready.
Mayor Ferre: I'd like to recognize at this time the presence of Mr. Paul
Andrews who served the City with great distinction for many, many years,
including City Manager, for what I thought was too short a period. I wish he
would have stayed a little longer but he went on to retirement and is doing
bigger and better things and Mr. Andrews, it is always nice to have you back
in what I hope you always consider your home, your City of Miami. Thank you,
sir.
16. APPROVE KISCELLAHSOUS CHANGES TO AGREEPM'T BETVEES CITY AND KIAKI
KOTORSPORTS, INC. REGARDING "GRAND PRIX" RACE.
Mayor Ferre: All right, now, I've got also a request by another very
distinguished Floridian, Miamian, who we are trying to keep down here, but he
wants to go to Tallahassee. I guess we can't keep him down on the farm any
longer. He wants to be a big shot up there in Tallahassee. He is already a
big shot in Tallahassee. Most people, including me, thinks that he kind of
runs the Legislature. He tells me to keep my mouth shut, but I will tell you,
whenever you want anything done in Tallahassee, there is one man you have a
blessing from, and that is Barry Kutun, and if you don't mind my calling you
Commissioner, Commissioner, we are always happy to have you here. You are
here on a private matter, I assume, not on a State matter?
Mr. Barry Kutun: Yes.
Mayor Ferre: But, I understand you have got State things you need to take
care of, so I will take you out of turn, sir.
Mr. Kutun: We are here, Mr. Mayor, on Agenda Item 22, which deals with the
Miami Grand Prix and the Miami Motorsports, Inc. matter, which is my client.
Mayor Ferre: This is Item 22.
Mr. Kutun: I won't go through the history in any kind of great detail with
the members of the Commission, because I am sure you are all aware of them,
but in 1982, an agreement was entered into with Miami Motorsports, granting
them a license to operate a Grand Prix in Miami, using the F.E.C. property and
the Bayfront Park property. After a new contract was entered into with Rouse
Company to build the Bayside Specialty Center, significant changes were made
in the course of that race, and at a great expense to both the City and to
Miami Motorsports - Mr. Sanchez. A new development has now entered into the
picture, and that is, the construction which is going to take place in
Bayfront Park with the Noguchi Plan to renovate the Bayfront Park in a
beautiful manner. We have tried, over the years, to very extensive
negotiations to accommodate all of this very active, and lively movement ...
Mayor Ferre: We are all aware of that.
Mr. Kutun: Right, which has taken place, but basically, we are here today
before you to request the authorization to allow the City Manager to enter
ld 22 July 25, 1985
4
into negotiations with us to modify the existing contract on the following
basis. Number one, to modify the proposed Grand Prix course, which basically
will shift thr- course oul- of Bayfront Park and take it north into Bicentennial
Park. I believe that, I deliver-"'. t„ mrsa of you in a letter yesterday a copy
of that new proposed sitt:, bu,� we do have it for you. I would like to, if we
could, put it up so everybody has understanding. Do you have the major ...
Mayor Ferre: Represent9tive Kutun, in the interest of time, as I understand
it, you have talked to each member of the Commission.
Mr. Kutun: We have tried to talk to each one. I delivered to them a copy of
this.
Mayor Ferre: Now, so, what I would like to do is see if we can short cut this
a little bit - as I have expressed to you, I have got basically three
concerns, two minor, one large. Concern Number one is, we have got to be
extremely careful that you don't disrupt the usage of that park by the Junior
College, even though their contract has basically run out. I think it has
been healthy to have these young kids playing baseball and playing soccer and
what have you in that park because it brings people there and I think that is
important for all of us. It is healthy to have young people using the
facility. Secondly, as I told you, the City of Miami has intentions - the
Administration is working on an R.F.P. to revitalize that corner restaurant
and there are many people in Miami who are interested in bidding that, and
that could become a major restaurant and tourist attraction, which would help
the downtown and the hotels and what have you, and I think we need to be very
careful not to any way jeopardize that. And lastly, but to me most important,
we paid $24,000,000 for that so-called F.E.C. property on the bay and as you
know, probably if we were doing that today, it would cost well over
$100,000,000. We, in government must rightfully look upon that as
$100,000,000 piece of property that the taxpayers (Ernie Fannatto) of the City
of Miami have paid for out of their pockets. It is not from Washington;
these are our funds, and that is a big, big, investment. There is none larger
in the past years. Now, the Administration has been ... going back to the
former Manager, and this Manager and Mr. Gilchrist has been diligently working
with his teams and consulting with the Rouse people in trying to put together
a broad R.F.P. for the usage of that property. This Commission made a motion
which we all voted for unanimously to let the Admirals of The Fleet, I think
is their name, have a two or three year look ... it is two years, at the usage
of that property to build a maritime museum. These conversations have been
expanding and growing and they have been expending some monies. They have
talked to architects. They have been thinking of other alternatives about
theatre districts and all; there are a lot of things being talked about and I
wanted to make sure that Mr. Sanchez was well aware of the fact that there is
diligent work being done for an R.F.P. for the usage of that property. Now,
from what I can see of that loop in there, I think that loop, as I understand
it, can be moved 100 feet here or there and there is no major problem, so
therefore, if the Admirals of The Fleet or whoever come up for the design for
a museum, or whatever, that that can be basically accommodated, but I just
wanted to put that on the record, so that three or four, or five years from
now, or ten years from now, as we can get into a development phase, that we
don't have a problem as to who has what rights, because obviously, the tail
can't wag the dog, with all due respects, because it is a hell of a tail. As
a matter of fact, Mr. Sanchez is a living legend. Last week he was recognized
along with Orestes Minnie Minoso, the great Cuban baseball player, and some of
the greats of Cuba, as one of the outstanding examples of the Cuban and the
Cuban -American in this case, that have shown out in their particular chosen
field, but certainly, if there is a local folk hero in this town, his name is
Ralph Sanchez and we are all proud of him. We all love him; we all think he
is one of the best things that has ever happened to Miami and we are all very
proud of the tremendous work that he does for the community. I saw with great
interest the recommendation of Merrit Stierheim and I guess that goes to you,
J. L., the $350,000 he expended for the Grand Prix.
Mr. Plummer; No, sir, let me clarify. You are right, but it is not to be
expended, Mr. Mayor. That is guarantee money which is the second portion that
will be spoken to today. That is, hopefully, with this Commission's approval,
a second weekend will be added to the Grand Prix of Miami. That $350,000 is
not an outright grant. It is a guarantee against a loss. Hopefully, it will
not even be touched.
ld 23 July 25, 1955
Mayor Ferre: This is for formula racing.
Mr. Plummer: Mr. Mayor, the second weeken! at this point, it depends on
sanctions that ,en be negotiated, but it would be racing on the second weekend
prior to the normal Grand Prix.
Mayor Ferre: Well, I am sure there is not a soul in Miami that ... I mean,
this is ... every once in a while we get something thst - Bayside was one of
those things, and the Grand Prix, this is ... there are only two things, and I
have been here thirty-four years, and there are only two things that I have
ever seen where everybody seems to be united, and Grand Prix is one of them.
You notice, if it is the Dolphins, or Joe Robbie, or whatever, whatever thing
comes along in Miami, the Miami Herald takes one position the Miami News takes
the opposite position. Metro takes one position, the City is opposed, Barry
Kutun is for, J. L. Plummer is against - all this kind of stuff! We always
have - Ferre is doing this and Clark goes in another direction and Raul
Martinez criticizes both and we go off in ten different ways. There are only
two things that I can think of in recent memory of major scale, where
everybody in this town is in agreement and one of them is the Grand Prix.
Even Jim Hampton, who is against everything, including, I think, motherhood.
All of sudden, you know, Jim Hampton - I couldn't believe it, I had to read it
five times! Jim Hampton writing positive things! But, there it is. The one
thing he has been positive on is the Grand Prix, so if you are ready to make
the motion, I am ready to vote with you.
Mr. Plummer: Mr. Mayor, there is a series of motions that have to be made. I
would like to call your attention to maps that have been given to you, first
and foremost. It does show in green on the first map, Mr. Mayor, that which
is the proposed course which brings us back up to the 1.9 miles that we had
previously. I think second of all, is an alternate map which shows the
possibility, if the City wishes, they can put in the yellow line and they can
have any kind of things that they want, off the street. In other words, that
yellow line would avoid using the boulevard for other things such as bicycle
racing in the downtown area. You could use it for walkathons, you could use
it for racing or for whatever, and I think very importantly is the third map,
Mr. Mayor, which is really not a map, but it shows what can be done if the
City wishes, by adding to that park on the course in the off-season - volley
ball courts, tennis courts, basketball, and other things that can be done.
Mr. Mayor, the first motion that would be made is that this City gives the
approval, because we are under a time gun of having this work completed 90
days in advance. The first one would be the approval of the City Commission,
in fact, to allow them to sign a contract and to immediately get into whatever
is necessary and I so move that as the first.
Mayor Ferre: Is there a second to that motion? All right, I would like to
make sure, Mr. ...
Mr. Plummer: Yes, they are going to construct it, Mr. Mayor, and then we will
get into the next item.
Mayor Ferre: Mr. Plummer, into your motion, would you incorporate my
statement, especially about the F.E.C. property and the intentions of the City
to develop it and that this has to be in conjunction with it, okay?
Mr. Plummer: Yes, sir without question, we have run that, Mr. Mayor, by the
Manager. That was one of the first points that he brought out and he also
made mention of the fact that whatever is constructed on that tract, could in
fact, be compatible and not be in conflict.
Mayor Ferre: Okay, is there further discussion on this motion? All right,
call the roll.
ld 24 July 25, 1985
1 V�4.j �J, i 7wj
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RE�G:!�TION NO. 85-901
A RFFS0L!►T ".N APPROVIN IN PRINCIPLE CERTAIN CHANJES TO
THE EXISTING AGREEMENT BETWEEN THE CITY OF MIAMI AND
MIAMI MOTORSPORTS, INC. ("LICENSEE") AND AUTHORIZING
THE CITY MANAGER, TO NEGOTIATE AMENDMENTS TO THE
EXISTING AGREEMENT TO PROVIDE BY SAID AMENDMENTS FOR
THE RELOCATION OF THE GRAND PRIX COURSE FROM BAYFRONT
PARK TO BICENTENNIAL PARK IN A MANNER COMPATIBLE WITH
AND SUBJECT TO THE FOLLOWING: (A) CONTINUED USAGE OF
THE BICENTENNIAL PARK BY MIAMI DADE COMMUNITY COLLEGE,
(B) THE FUTURE DEVELOPMENT AND USE OF THE F.E.C.
PROPERTY BY THE CITY OF MIAMI, (C) THE FUTURE USE OF
THE F.E.C. PROPERTY IN ACCORDNANCE WITH PLANS TO BE
PROPOSED BY THE ADMIRALS OF THE FLEET OF FLORIDA AND
TO FURTHER PROVIDE BY SAID AMENDMENTS FOR THE CITY OF
MIAMI TO PAY FOR THE CONSTRUCTION OF THE COURSE
THROUGH BICENTENNIAL PARK IN AN AMOUNT NOT TO EXCEED
FIVE HUNDRED THOUSAND DOLLARS ($500,000), THE CITY TO
BE REIMBURSED FOR SAID EXPENSE BY MIAMI MOTORSPORTS,
INC., AT THE RATE OF TWENTY FIVE THOUSAND DOLLARS
($25,000) PER YEAR FOR 10 YEARS IN ADDITION TO OTHER
ADJUSTMENTS TO BE MADE TO PAYMENTS OWED BY THE CITY OF
MIAMI TO MIAMI MOTORSPORTS, INC. UNDER THE EXISTING
AGREEMENT, AND FURTHER, TO PERMIT MIAMI MOTORSPORTS,
INC. TO USE THE CORNER RESTAURANT FACILITY LOCATED IN
BICENTENNIAL PARK DURING THE STAGING OF THE RACE(S) AT
A REASONABLE COMMERCIAL BASIS AND AT NO COST TO ANY
PROPRIETOR OF LESSEE OF THE RESTAURANT.
(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.)
Mayor Ferre: The second?
Mr. Plummer: The second item, Mr. Mayor, would be this Commission's approval
for the second additional weekend at no cost to the City of Miami. I so move.
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
Id 25 July 25, 1985
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 65-90,
A RESOLUTION A':27HOPIZINi THE CITY MANAGER TO NEGOTIATE
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE MIAMI MOTORSPORTS, INC. ("LICENSEE") TO
PROVIDE FOR THE ADDITION OF A SECOND WEEKEND TO THE
GRAND PRIX OF MIAMI, SO LONG AS THE SECOND WEEKEND IS
CONDUCTED AT NO ADDITIONAL COST TO 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
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. Plummer: All right, Barry, the third item?
Mr. Kutun: I would just like to make sure that if there is any R.F.P. for the
restaurant there, that provision be made that there be some priority during
this racing period and some recognition that the race is going to take place
and whoever would be the successful R.F.P. bidder, would have to work with
Miami Motorsports rather than have a problem later, and I think the Mayor is
familiar with that. We are talking about the restaurant, Mayor, that some
recognition be made, that ...
Mr. Plummer: Do you want that in the form of a motion?
Mayor Ferre: Yes, I think so. I think the motion should read that it is the
clear intention of the City of Miami to cooperate fully with the Grand Prix
and any other subsequent races and that if we do go and develop a restaurant
at the point on the bicentennial park site, that we incorporate into the
R.F.P., and eventually into the contract, a grandfather clause that would
guarantee the usage of that restaurant during the race periods by the Grand
Prix, provided of course, that it would be on a reasonable commercial basis,
not to cost the proprietor or the lessee any loss of money.
Mr. Plummer: I so move.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre; Further discussion? Call the roll.
Id 26 July 25, 1985
Mr. Kutun: Yes, but before we do the financing, I want to make a statement.
I would like the Commission to move to allow us to make minor structural
changes in the ply,• There arP so minor ...
Mr. Plummer: That is already incorporated, right, Sergio?
Mr. Pereira: Yes.
Mr. Plummer: Yes, that is already incorporated.
Mr. Kutun: Okay, that is incorporated? Fine. No problem. Also, I would
like to make a statement before you do the funding that it is our intent and
our commitment because the hotel and motel people are concerned about the
existence of this event and the continuation of this event in downtown Miami
and it is our commitment to attempt to create a formula one race out of the
Grand Prix Race within the very near future whenever it is feasible to extend
our race track from 1.8 miles to 2.1, or whatever is necessary - 2.5. Eli
Feinberg is here representing the hotel and motel people. I told them that
before ...
Mayor Ferre: Oh, I thought he was an expert on that!
Mr. Kutun: ..0 any motion was made, that we would make that commitment
publicly because we certainly enjoy their support and want to keep their
support, and then I will let Mr. Feinberg get into that, but I would like to
get into the money situation.
Mr. Plummer: Well, let's do that first.
Mr. Kutun: Okay.
Mr. Plummer: Let's get that out of the way and then Eli can make his
statement.
Mr. Kutun: All right, it is our understanding that it will take approximately
$500,000 to construct these new roadways into Bicentennial Park. We have met
with Mr. John Gilchrist and Jack Eads from your Department and we have looked
at what the cost would be if the race existed under the present commitment
that the City has. Presently the City is committed at a cost of approximately
$250,000 to renovate N. E. 6th Street and Biscayne Boulevard and that, the
estimate there, both by our independent engineers and by the City has been at
a cost of $250,000, so the City has already agreed to make improvements of
$250,000, which will they will not have to make in the future if we go to this
plan, so we are asking that this $250,000 be used to make the improvements, or
partially go to make the improvements that will be made on the Bicentennial
Park. Also, there were additional requirements in the contract, such as
annual tile removal, in front of Rouse. Rouse is going to put tile at their
entrance, and that was going to have to be removed annually at a cost of
approximately $30,000, so over a ten year period, you are looking at almost
$300,000, just to remove the tile, put it back every year at the expense of
the City, plus all of the other additional maintenance, and tire and rubber
removal from the track, which will not be necessary now through the Rouse lot.
The length of the bay walk can now be narrowed, possibly. That is envisioned
for the park itself and the in -kind services we feel should decrease. The
road behind Rouse should be narrowed. That is a service r(.id. Previously it
would be a forty foot road. It would not be necessary to be a forty foot road
and should be less. In addition, there will be no financial loss to Bayside
because all of this now will take place north of the entry to Dodge Isle. We
have talked to some of the Commissioners. We are willing - the City has, in a
previous agreement, through an indemnification agreement, because of the loss
of services, because of Bayside, agreed to pay us annually for some of that
loss, because of Rouse, and we have agreed that up $25,000 of that money can
be abated per year for ten years to go to contribute to the cost of building
this road. Therefore, the City would lay out the money, the $500,000 -
$250,000 that they are going to use for repairs of Biscayne Boulevard, and the
other $250,000 of monies that they were going to give to Miami Motorsports
over a ten year period of $25,000 a year, and there really would be a bonus
for the City, because they would not have to remove the tile annually. They
would not have to remove the rubber markings and they would not have any kind
of a loss with regards to costs in the park, so that is the motion that I
would like to have made - that the City fund this for $500,000 on that basis.
ld 28 July 25, 1985
Mr. Plummer: Mr. Mayor, if there is no questions, Barry or 1 will try to
answer. Ra-`.:,a:lc, whst we are Ininp, is eliminating the City to have to
disrupt for ten y--ir period `hF: entrance to the ,r ,�� y. That would be -
eliminated. There were concerns that were raised by numbers of people about
the walkway being forty feet rather thn^ twenty, which was originally
proposed. We eliminate that proble-:; we are also eliminating the fact that a
great deal of this special roadway would have to be taken up every year and
put back down, and then Mr. Sanchez, for a ten year period will give back to
the City $25,000 of that money, which was granted to him, which means that the
City really, in fact, would not be out any dollars whatsoever.
Mayor Ferre: I would do it this way, J. L. Make your motion and have the
Manager come back and make sure that he goes through all the different
details, because if we are indeed moving the race away from Bayfront Park, and
which I am sure Rouse is greatly relieved at, then I think we need to do an
awful lot of things and I think we need to carefully go back to that
resolution and see that we have covered all the bases on it.
Mr. Plummer: Mr. Mayor, I will be happy to make a motion that this Commission
approves it in principle, and that the Manager be instructed to negotiate to a
final contract.
Mayor Ferre: Okay, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
10TS: AT THIS POINT, CITY OF MIAMI COMMISSION PASSED AND ADOPTED THE ABOVE
CITED MOTION, WHICH TEXT WAS INCORPORATED BY THE LAW DEPARTMENT INTO
RESOLUTION NO. 85-801, ABOVE.
Mr. Plummer: Mr. Mayor, if I ...
Mayor Ferre: Mr. Sanchez .. (excuse me, J. L.) .. Mr. Sanchez, this morning
when we met, a subject came up which I think concerns me a great deal, and I
really would like to have this Commission memorialize in a resolution to the
Port of Miami and to the people designing the bridge, that I think we may have
made - all of us - made a mistake in trying to get that bridge to come the
grade too close to the water and as a consequence of that, what in effect we
have done is, to avoid creating that barrier, which is going to be there
anyway, because it is an automobile barrier, I mean, it is going to be just
like Biscayne Boulevard. We have come down, John Gilchrist, I think a little
bit too far back, and we really should reconsider going back to the idea of
going further out because that will then give the race. Ralph Sanchez and the
Grand Prix the ability to be able to get in under that bridge and then go out
to the Boulevard, you see, and that way ... because Rouse may not want that
race now, but once Rouse is off and moving, it may be to Rouse's interests and
certainly to the hotel owners at the other end of Dupont Plaza, that they may
want that race to somehow go down that Biscayne Boulevard. The other aspect
of it. John, is that if we do go in for the marine museum, and aquarium, and a
science park, or whatever it ends up coming out of all these things that
people are talking about - the theatre and what have you, then you have to
have some kind of connector. Rouse is going to want a connector and you are
saying "Well, we are going to have an overhead connector", but I keep
thinking, you know, that these overhead connectors, it may be better for it to
be at the ground level and the only way you can do it at the ground level is
if that bridge is extended a little bit further. So, we may have been over
zealous and come to the wrong conclusions. I really think that for all those
reasons, that I think we should revert back to getting the comedown point of
that bridge a little bit further to give that ability for Rouse to connect to
that property and for the Grand Prix to be able to get out to Biscayne
Boulevard without disrupting the traffic at the Port entrance. Yes, sir? Mr.
Manager?
Mr. Pereira: I understand what you are saying. I am very familiar, having
been on the County. The only problem is that we have submitted ... not we,
--la — 29 _ July 25, 1985
but the Port submitted the permitting request the 4-H statement, which amended
the original design to accommodate what you were talking about. You know, and
this will probably set it back. T do:.'tknow how we can ...
Mayor Ferre: lINAUDiBLE)
Mr. Pereira: Yes, right.
Mayor Ferre: Let me put it to you this way, Sergio. I think the City made a
mistake, and Mr. Dan Paul, who is the author of all of that, and Roy Kenzie,
and others made a mistake and I think what they are trying to do, and I
understand it, wary trying to make it aesthetically pleasing. Nobody likes
bridges, so they want to keep the bridges far back, but in effect, by putting
it so far back, what we have done, we have now disallowed for the natural
connectors between what Rouse is doing and what is going to be developed over
on the F.E.C. property, and including the Grand Prix, and it came into view
very clearly when we were talking about the Grand Prix this morning and I said
to Ralph - "Why don't you keep it on Biscayne Boulevard, because that is a
great location for it". He said _ "We can't, because we are hurting the Port
traffic". Well, the only way to solve that is for them to get under the
bridge and therefore not disrupt Port traffic. Yes, sir?
Mr. John Gilchrist: I believe that the big bridge configuration that we have
today, to get the Grand Prix under it, near the water's edge and Mr. Sanchez
and I spoke of that last night, and it has to be revisited, but Carman Lunetta
has gone through amending those permits again.
Mayor Ferre: Let me do it this way. I would like to move a resolution at
this time that the City of Miami ask that the bridge accommodate the Grand
Prix so that eventually it can get out to Biscayne Boulevard through that
location, and secondly, to be absolutely sure, that Bayside will have access,
without disruption - pedestrian traffic, by Port truck and vehicular traffic
to the F.E.C. property without having to cross the vehicular patterns of the
Dodge Port traffic going to Biscayne Boulevard, and I so move.
Mr. Dawkins: Second.
Mr. Plummer: Motion made and understood. Call the roll.
HOTS: AT ?HIS POM, CITY OF MIAMI COMMISSION PASSED AND ADOPTED THE ABOVE
CITED MOTION WHICH TEXT WAS INCORPORATED BY THE LAW DEPARTMENT IN RESOLUTION
NO. 85-801, ABOVE.
Mr. Kutun: Mr. Mayor.
Mayor Ferre: Yes.
Mr. Kutun: I know we are losing a quorum here. There was a motion made. The
previous motion was made by either yourself or Mr. Plummer with regard to the
funding concerns us a little bit, because we have a serious problem with
curing of the asphalt under the race rules.
Mr. Plummer: Barry, let me stop you. I have already asked the City Attorney.
She said she has got to bring it back for second reading in September, because
there have to be amendments to be made. I asked ...
Mayor Ferre: You have got five votes in principle here. I don't see ... and
it is in the Manager's hands.
Mr. Plummer: Mr. Mayor, their concern i8 this - according to AMSA and all the
sanctions, they have to have this course finished ninety days in advance and
according to what the Mayor is saying and everybody else is saying, you go
ahead and proceed. You go ahead and proceed, and you know, it will just be a
matter of a formality of bringing it back.
Mr. Pereira: J. L., let them go ahead and we will work with them.
Id
30
July 25, 1985
N
Mr. Piummer: Okay, you heard that? Okay. Before Eli puts his comments, Mr.
Mayor, I would like to especially thank on the record, Mr. Ronnie Fine and Mr.
Skippy Sheppard, whose idea it was to approach Sanchez about having the second
weekend, got t}_.= inter.at created ani the-, w-.^-`. to the extreme of the T.D.C.
to get the money incorporated and I think a very special thanks should go to
those two individuals in particular, for the fine work that they did to bring
about a second weekend. I think we have to look, Mr. Mayor ... hopefully, we
are looking towards what Daytona Beach says is Speed Week. I think we have to
realize that to Daytona Beach, Speed Week and all the accessories is
$750,000,000 a year! I hope the same for our own City.
Mr. Kutun: Before Eli speaks, Mr. Mayor, and members of the Commission, I
would just like compliment Mr. John Gilchrist and Mr. Jack Eads for all the
hard work and effort. A lot of people don't realize the late hours that are
put in ...
Mayor Ferre: Does that mean that they agree with everything you propose?
Mr. Kutun: No, not at all, but the long hours that they put in ...
Mr. Pereira: I believe they do good staff work.
Mr. Kutun: Good staff work'. And we appreciate it very much that they worked
those long hours with us.
Mayor Ferre: You know, I had the dubious privilege of sitting next to the
City Manager for two and one-half hours in an airplane yesterday, coming back
from New York and he and his cigar were squeezed in between me and some other
guy from Ecuador, and he was telling me, and I was really pleased to hear it,
what a wonderful surprise he had to see the quality of people that we have in
the City of Miami. He just ... and I am sure he includes both Jack Eads and
John Gilchrist in that, and I think I I am happy that others notice too,
Barry, and I thank you on their behalf for recognizing the tremendous ability
that we have within the City staff. Yes, sir, and your name is ...?
Mr. Eli Feinberg: Eli Feinberg, 50 Biscayne Boulevard, representing the
Downtown Hoteliers.
Mayor Ferre: Is that Feinberg and Associates?
Mr. Feinberg: A corporation made up of the eleven downtown hotels from the
Omni to the Brickell Holiday Inn. At 4:00 o'clock yesterday afternoon, the
hotels went on record in supporting Ralph's plan, with the understanding that
he will make a major effort, in about two or three years, to attempt to bring
a Formula One Monte Carlo type race to Miami, a 2.5 mile race that will
attract thousands of the people to the area. Thank you.
Mayor Ferre: Thank you very much. Anything else on this subject?
Mr. Plummer: Mr. Manager, you know the constraints and time and everything.
Do you need anything else at this time from the Commission so that they can go
ahead and proceed immediately to drawings and start getting bids?
Mr. Pereira: I don't believe so, sir.
Mr. Plummer: Thank you.
Mr. Sanchez: I would like to thank the Commission. Mr. Mayor, Commissioners,
thank you.
Mayor Ferre: All right, Mr. Sanchez. Thank you, and congratulations.
17. ESTABLISH DATE OF SEPTEMBER 12, 1985 AS DATE OF PUBLIC HEARING MAJOR
SPECIAL PERMIT - COMMODORE BAY PROJECT.
Id 31 July 25, 1985
r
Mayor Ferre: Okay, with the Commodore Bay, and there are a lot of people here
and it is a very quick item of setting a hearing date. Mr. Manager, what is
the recommendq';.on of the Administration on Item 11?
Mr. Rodriguez: The recommendation is that we set the ate of September 12th
for the first hearing of the Commodore Bay and we have here 5:00 P.M., but I
understand some representatives from the opposition to the project would like
to have this item changed, the time, to a later time.
Mayor Ferre: Yes, I think they are entitled to that. You want it in the
evening, I assume? Does anybody have any objections to Commodore Bay being
scheduled in the evening, say at 6:00 P.M.
Mr. Carollo: Mr. Mayor, I think that the same way that this Commission went
out of its way to be as fair as we have ever been with Mr. Triester and
company, I think we owe the same absolute respect to the individuals that have
been spending so much of their own time, monies and energies in trying to
protect their neighborhoods in this City.
Mayor Ferre: Mrs. Parsons, is 6:00 P.M. acceptable?
Mr. Carollo: I think they are looking at more around 7:00 P.M., Mr. Mayor.
Mayor Ferre: 7:00 P.M.?
Unidentified Speaker: Yes, sir, that would be most agreeable.
Mayor Ferre: Anybody disagree on 7:00 P.M.? All right, then I will accept a
motion ...
Mr. Carollo: I will make a motion for 7:00 P.M. in the evening, Mr. Mayor.
Mr. Plummer: Second.
Mayor Ferre: All right, the motion is on Item 11 that the set the date on
September 12th, that it be in these chambers and that it be at 7:00 P.M.
Further discussion?
Mr. Robert H. Traurig: May I ask a question on behalf on Mr. Triester and Mr.
Scharlin. Robert H. Traurig, 1401 Brickell Avenue.
Mayor Ferre: You mean Mr. Triester is not representing himself anymore?
Mr. Traurig: Mr. Scharlin has asked me to appear. If this matter were heard
at first reading on September 26th rather than on September 12th, would that
affect the second reading? ... the date of the second reading.
Mayor Ferre: It would affect the elections.
Mr. Carollo: Well, it would ...
Mr. Traurig: Is the date of the second reading going to be the same either
way, is what I am asking.
Mr. Carollo: The date of the second reading has to be thirty days from the day
of the first reading, so what day are we supposed to have the second reading
on, Mr. Traurig:
Mr. Traurig: On reflection, we are happy to go along with Mr. Parsons and the
neighborhood for 7:00 P.M. September 12th first reading and ...
Mayor Ferre: Further discussion on the motion made by Carollo, seconded by
Plummer.
Mr. Carollo: Mr. Traurig, if you like, I have no problem making it the 26th,
if my colleagues would join me in that, but the second reading has to be 30
days after that.
Mr. Traurig: I think that September 12th would probably be the best time, even
though it is so close to labor day holiday and some people haven't yet
returned.
ld 32 July 25, 1985
Mayor Ferrc: Well, I am sure th-v will return especially for this. Are you
ready to vote.' the roil.
The following resolution was introduces by Commissioner Carollo, who
moves its adoption:
RESOLUTION NO. 85-806
A RESOLUTION ESTABLISHING 7:00 P.M., THURSDAY, SEPTEMBER
12, 1985, AS THE DATE FOR A PUBLIC HEARING AT CITY HALL,
FOR CONSIDERATION ON FIRST READING OF ISSUING A MAJOR USE
SPECIAL PERMIT FOR THE COMMODORE BAY PROJECT; 3471 MAIN
HIGHWAY, PER SECTION 2802.7, ARTICLE 28; MAJOR USE SPECIAL
PERMITS; DETAILED REQUIREMENTS OF ORDINANCE 9500, AS
AMENDED, THE ZONING ORDINANCE OF 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 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.
18. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 7951-8099 N.E.
BAYSHORE COURT - RG-2/5 TO RO-2/5.
Mayor Ferre: We are on Item Number 1 on the 10:15 A.M. agenda - ordinance,
second reading, Michael Gordon, 7951-8099 N.E. Bayshore Court. Planning
Department recommends denial. The area is predominantly residential with a
single family to the north, four multiple family to the west. Change would
unnecessarily bring office zoning into a residential area. Mr. Kaplan - is
Mr. Kaplan here?
Mr. Robert H. Traurig: Mr. Kaplan is one of my associates, Mr. Mayor and I am
here on behalf of that law firm. Robert H. Traurig, 1401 Brickell Avenue on
behalf of Mike Gordon. If you recall, this is the property immediately to the
north of Mike Gordon's restaurant. You passed it unanimously the first time.
I would like to go through it with you if you would like to hear it, but I
think that the facts were rather clear when you first considered this matter.
If you want a full presentation, we are happy to make it. There are no
objectors. The Zoning Board recommended approval unanimously, and the City
Commission on first reading recommended approval - ordained the matter.
Mayor Ferre: All right.
Mr. Traurig: So, if you want a presentation, we are happy to do it.
Mayor Ferre: Well, we will see who the opponents are. Are there any
opponents here? Any opponents wish to speak out on this issue?
Mr. Plummer: Let the record reflect that no one came forward. I move it as I
did before.
Mr. Dawkins: I'd like to hear from the Planning Department.
Mr. Plummer: Oh, I am sorry.
ld 33 July 25, 1985
Mayor Ferre: Planning Department, go right ahead.
Mr. Richarl Whipple: The Planning Department recommended denial because we
did feel it was an encroachment into a residential neighborhood. It sort of
presents a spot zoning of office development surrounied by the multiple family
zoning to the west, the single family zoning to the north and the commercial
zoning to the south and we just feel that that is an undue encroachment into
the area.
Mayor Ferre: All right, any questions? Any statements. Plummer moves, is
there a second?
Mr. Plummer: Perez seconded.
Mayor Ferre: That leaves you or me.
Mr. Dawkins: Second.
Mayor Ferre: All right, there has been a second? Further discussion? All
right, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 7951-8099 NORTHEAST BAYSHORE COURT
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG-2/5 GENERAL RESIDENTIAL TO RO-2/5 RESIDENTIAL -
OFFICE BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 8 OF SAID ZONING ATLAS
MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of June 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10026
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.
19. FIRST READING ORDINANCE: SIGN STRUCTURES ALONG I-95.
Mayor Ferre: We are now on Item Number 4. Go ahead, we are on Number 4•
Planning Department recommends approval. Planning Advisory Board voted for
approval. General advertising in structures, billboards, would be limited
along I-95 and other limited access highways to a maximum of 10 structures
west of I-95 within 200 feet and I assume this is the main issue which was
i previously voted on. This puts it to an ordinance, is that correct?
Id 34 July 25, 1985
Mr. Richard Whipple: Yes, sir, as you may remember, Mr. Mayor, the City
Commission passed a resolution when they adoptel the recent amendment to the
billboard ordinance and requested the Administration to include three points
to be brought before them to limit, place additional limitations on billboard.
One of those items was a limitation to the number of signs that would be
placed, which is 10. The second item was that these signs would be located
within 200 feet of the expressway rather than 600, and that a third item, that
they would only be erected along the westerly side, or west of I-95. The
amendment you have before you today incorporates those three items into the
legislation that you passed the last time.
Mayor Ferre: Okay, does anybody here wish to speak on this issue? Item 4,
billboards. Are there any questions from members of the Commission? Any
comments?
Mr. Plummer: Move the amendments.
Mr. Dawkins: Second.
Mayor Ferre: All right ... you had better get Joe Carollo and Demetrio Perez
in here because you have got a two to one vote on this. It has been moved and
seconded, this is the billboard thing. Further discussion? Billboards, Item
4. Are you speaking on that? Are you opposed to it?
Mr. Al Cardenas: I want to speak on the ordinance as it is proposed by the
Planning Advisory Board. Thanks, Mr. Mayor, my name is Al Cardenas, for the
record. There are two suggestions that I have in reviewing the proposed
ordinance from the Planning Advisory Board. One has to do with the ordinance
itself and the other has to do with, I think the staff interpretation of
implementing it. One, I believe the City Attorney's office and the Planning
and Zoning Department have gotten together, having interpreted the intent of
the process and have decided, I think based on information that they have
assimilated, that they will proceed to process these permits by giving first
priorities to existing structures.
Mr. Plummer: Mr. Cardenas.
Mr. Cardenas: Yes.
Mr. Plummer: Excuse me, Mr. Mayor, he is speaking to another issue. He is
not speaking to motion before us. The motion before us is amendments to the
. 0 .
Mr. Cardenas: Okay, the one of the two matters I wanted to address was to as
to that, Mr. Plummer. I stand corrected. The matter dealing with the
ordinance that I wanted to refer to, had to do with the issue of the proposed
signs. If I recall, the last time you met, if I recall, the intent of the
Planning Advisory Board, signs were to be prohibited east of I-95 and south of
36th Street. The way ordinance reads, it reads east of I-95. That was not my
recollection of the last time that you met. That was the one item, if I
recall, Mr. Carollo motion referred to the east side of I-95 and north of
36th, and I thought the process went on accordingly. I also recall that that
is how the County Commission has the matter on their records, and I just
wanted to get a clarification.
Mayor Ferre: Mr. Cardenas, for the record, because you didn't state, who are
you representing in this? Who's your client?
Mr. Al Cardenas: My client, Mr. Mayor, in this process at this time is flutie
Advertising. One of the affected parties... I've just been retained to
clarify these two matters.
Mayor Ferre: Mr. Whipple, did you hear the question?
Mr. Whipple: Mr. Mayor, there was discussion and we went back on the tape to
try to ascertain whether in fact the Commission did specifically do that. We
did not ascertain that it was limited to 36th Street, south to U.S.-1. Both
the Law Department and the Planning Department listened to the tapes and
that's why we left it totally on the west side, as opposed to west side south
of 36th Street.
sl 35 July 25, 1985
Mrs. Dougherty: Yes, sir, Mr. Mayor, Vice Mayor Carollo had originally had
the motion read only between 36th Street and U.S.-1 and it was liberalized by
Commissioner Plummer's motion to prohibit the signs anywhere west of I-95,
well, restricted.
Mr. Cardenas: Rather than getting to the technical aspects of it, my request
is for the Commission to consider accepting the ordinance, as proposed with
the one amendment and that is adding the three words to the end of that
sentence, and that north of 36th Street, east of I-95, north of 36th Street.
That is a request or a basic reason for my being here.
Mr. Carollo: Mr. Mayor, that was my intention originally. I have no problem
with that.
Mr. Plummer: Joe, I've just asked the City Attorney. That is a substantive
change. If it were to be changed at this point, it would have to go back
before the board.
Mayor Ferre: Mr. Whipple, this is not a personal criticism. This is a
generic criticism. Let me tell you, a lot of times, we go into discussions
here and the Commission gets very clear on a... for example, and I know you
had nothing to do with it, but, so this is another example of another
department. When we were discussing cable television, this Commission very
explicitly instructed staff that there would be no question as to polling
through two way cable television and the usage of pornography in any of the
cable lines. When it came back, that was excluded. We passed the ordinance
and the thing went on and subsequently we had to go back and scramble or
correct. The minutes clearly reflect what the intention was. Staff decided
just to ignore it. For whatever reasons Clark Merrill and others had, they
just totally ignored it. I voted against it, so I'm not involved in this, but
I remember specifically that Commissioner Joe Carollo and in the discussion it
was mentioned that the east corridor aspect of it was from U.S.-1 up to 36th
Street. But who changed it?
Mrs. Dougherty: Commissioner Plummer took that clause out of the motion that
was voted on so therefore, it was restricted all the way up I-95• That was
Commissioner Plummer's amendment.
Mayor Ferre: I stand corrected and I apologize for my generic criticism.
Mr. Plummer: Mr. Mayor, as I recall that was one of the things that was to be
sent back for further study. That's what I recall, but there was a great deal
of conversation.
Mayor Ferre: At this point, then, Mr. Cardenas, my recommendation is that I
think you're going to disrupt the even flow of this thing. I'm voting against
it and everybody knows that, but I think if you want to put this thing, move
it forward, I think you would be doing damage to it by making a substantive
change. My recommendation is that you request that study Plummer talked about
be accelerated.
Mr. Plummer: Mr. Mayor, as I see it now the thing to do is to pass that which
is in front of us. I have no problem with sending an amendment back for
consideration by the P.A.B. as requested by the attorney for their
consideration. Subsequently, it would come back before this City Commission.
Mr. Cardenas: That's a sound suggestion.
Mr. Plummer: Thank you.
Mayor Ferre: Is there anyone else who wants to speak on this item? Is there
a motion on item 4?
Mr. Plummer: I moved it before.
Mayor Ferre: Is there a second? Further discussion? Read the ordinance.
Further discussion? Call the roll.
ld 36 July 25, 1985
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
k'�ENDING SECTION 2.026 ENTITLED "SIGNS, SPECIFIC
LIMITATIONS, AND RE�iaEMENTS" BY: PLACING
RF'STRICTIONS ON OUTDOOR ADVERTISING SIGNS LOCATED
WITHIN 60i FF 'i 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.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
NOES: Mayor Maurice A. Ferre*
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.
• NOTE FOR MM RKORD: Although Mayor Ferre voted with the motion during roll
call, early into the following item he corrected his mistake and asked of the
Clerk to be shown voting against the motion.
20 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 1901-1929 N.W. 15
AVENUE AND 1461-1499 N.W. 19 AVENUE FROM RG-3/6 TO RG-3/7
Mayor Ferre: Take up item number 5, first reading, Civic Tower Associates,
Jorge Perez and Stephen Ross. That's not our Steven Ross, is it? That's not
Miami Beach Stephen Ross; that's New York Stephen Ross.
Mr. Plummer: Mr. Mayor, also in accompanying this is item 52.
Mayor Ferre: I'm sorry, let the record reflect that I meant to vote no on
item number 4• With the permission of the Commission, let the record so
reflect that my vote was no.
Mr. Plummer: Mr. Mayor unless some member of the Commission -this is just in
the essence of time- comes to us with the approval of all agencies, the
Planning Board, the Planning Department, I'm ready to make a motion, unless
somebody wants to see the presentation. I just want to see the drawings in
general. Could you pass it up here, because I can't see that far. Pass it
around the Commission; we'll look at it. Everybody is in agreement, right?
Any other drawings?
Mr. Adolfo Albaisa: No, that's it, Mr. Mayor. For the record, my name is
Adolfo Albaisa, architect, 2964 Aviation Avenue, representing the petitioners,
the owners of the property as well as the developer, Codec Inc, which is a
non-profit organization which has been just awarded a hundred units under the
202 program for the elderly.
sl 37 July 25, 1985
Mr. Plummer: Mr. Mayor, I move item 5.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor FerrA: Further discussion? Read th- ordinance on 5.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1901-1929 NORTHWEST 15TH AVENUE AND
APPROXIMATELY 1461-1499 NORTHWEST 19TH STREET, MIAMI,
FLORIDA, FROM RG-3/6 GENERAL RESIDENTIAL BY MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 24 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo and was passed on its first reading by title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
21 STREET CLOSURE - PORTION OF N.W. 19 STREET
Mr. Plummer: I move item 6. Hello there, did you say anything about
volunteering park equipment for the parks of the City?
UNIDENTIFIED SPEAKER: I haven't said it.
Mr. Plummer: I thought I heard you start to say something? Would you like to
make a statement voluntarily for the record?
UNIDENTIFIED SPEAKER: I guess, if you put it that way. I've been authorized
to do such, to make such an agreement with the administration.
Mr. Plummer: How much is that authorization up to?
UNIDENTIFIED SPEAKER: $5,000.00.
Mr. Plummer: Mas or menos and that should be designated, Commissioner, you
think for which park?
Mr. Dawkins: Clemente.
Mr. Plummer: Clemente Park, that's very, very fine. I move item number 6
with that great, generous donation volunteered on your behalf. I think, Mr.
Manager, a plaque should be appropriately placed in Clemente Park so noting
that they have made this donation and also that they can write it off on their
taxes. I move item 6.
i Mr. Dawkins: Second.
sl 38 July 25, 1985
i
Mayor Ferre: Moved and seconded. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 95-807 -
A RESOLUTION C1" :?INS, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHWEST 19TH STREET LYING EAST OF THEM EAST RIGHT-
OF-WAY LINE OF NORTHWEST 15TH AVENUE AND WEST OF THE
WEST RIGHT-OF-WAY LINE OF NORTHWEST 18TH STREET ROAD
iA/K/A WAGNER BOULEVARD); ALL AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT #1249-A "ST. AUGUSTIN SUB."
(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.
22 AUTHORIZE CONSTRUCTION & MAINTAIN PEDESTRIAN FOOTBRIDGE "WAGNER CREEK"
Mr. Plummer: I move item 52, the companion.
Mayor Ferre: All right, there is a motion on item 52.
Mr. Dawkins: Before you get to 52, Mr. Plummer.
something with Wagner Creek last week?
Mr. Plummer: Yes, we did the restoration.
Mr. Dawkins: Why didn't all this come at one time?
Mr. George Campbell: May I speak to that?
Mr. Dawkins: Yes, sir, please, somebody, anybody.
Mr. Manager, didn't we do
Mr. Campbell: George Campbell, representing the Department of Public Works.
The resolution passed last week for the Wagner Creek was from north of 20th
Street to the north, to the south here. What you did last week was to allow
the construction or the continuation of the existing Culvert under 20th Street
up to about 23rd Street, which will complete that area up there. We have no
immediate plans for anything in this area. This is a separate item.
Mr. Pereira; One is drainage.
Mr. Campbell: That was a public works drainage improvement. This is a
private thing.
Mr. Pereira: Are you an engineer?
Mr. Campbell: Yes, sir.
Mr. Pereira: I'm not an engineer and I could have told you one is drainage
and the other is private.
sl 39 July 25, 1985
Mr. Dawkins: Are they going to do this themselves?
Mr. Campbell: Yes, sir.
Mr. Dawkins•: L second 1,t,.'s motion.
Mayor Ferre: Further discussion? This is a companion. This is what, 64?
Mr. Dawkins: 52.
Mayor Ferre: Call the roll on 52. Moved by Dawkins and seconded by Perez.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-808
A RESOLUTION AUTHORIZING AND PERMITTING CIVIC TOWERS
ASSOC., LTD. AND T.M. ALEXANDER ASSOC., LTD., TO CONSTRUCT
AND MAINTAIN A PEDESTRIAN FOOTBRIDGE OVER AND ACROSS N.W.
18 STREET ROAD (WAGNER CREEK) BETWEEN N.W. 19 STREET AND
N.W. 18 STREET CONNECTING T.M. ALEXANDER PLAZA ON THE
NORTHEAST SIDE OF N.W. 18 STREET ROAD WITH CIVIC TOWERS ON
THE SOUTHWEST SIDE SUBJECT TO THE EXECUTION OF A
COVENANT TO BE PREPARED BY THE CITY OF MIAMI IN
CONFORMANCE WITH THE REQUIREMENTS OF THE CITY OF MIAMI LAW
DEPARTMENT AND PUBLIC WORKS DEPARTMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOTE FOR TM HSG08D: Agenda item 7 was continued to September 26.
23 PERMIT DRIVE-IN FACILITY AT GROVEGATE BANK.
Mr. Richard Whipple: As noted, Mr. Mayor, the Zoning Board and the Planning
Department have recommended approval of these drive-in teller facilities.
We've recommended approval. It meets the required stacking. We don't believe
that will have an adverse impact on the surrounding area, and provides
sufficient landscaping, egress and ingress.
Mayor Ferre: Is there anybody who wishes to speak on this? Mr. Plummer,
you're usually the person on these drive-ins.
Mr. Plummer: Yes, let me see the plat. How many reserves back-up do you
have?
Mr. Dan Cavanaugh: Mr. Mayor, members of the Commission, my name is Dan
Cavanaugh.
Mr. Plummer: Excuse me, Dan. Whipple, I thought ten was the number that if
they provided ten parking, that they didn't have to have a hearing. What
number did we set?
al 40 July 25, 1985
111111111101
a
Mr. Whipple: Drive-in tellers for financial institutions have to corns to the
City Commission for approval.
Mr. Plummer: Are you satisfied with their plan?
Mr. Whipple: Yes, sir.
Mr. Plummer: And you have ten reserved spaces. T move item number ?.
Mayor Ferre: We now have a motion. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Let me say that to Grovegate Bank, who had
an opening the other day, I personally apologize that I was unable to get
there. I've explained directly what the reasons were and I'm sorry. I think
this is a wonderful addition for Coconut Grove and I wish everybody the very
best.
Mr. Plummer: Let me not apologize. I got the invitation, Dan, I think at
2:00 o'clock in the afternoon and it was from 2:00 to 4:00 and then I got a
call from your office at 4:00 o'clock telling me it had been extended from
4:00 to 6:00. I still couldn't make it.
Mr. Cavanaugh: Unfortunately, the mail service g y, got your invitation to you
late, Commissioner Plummer. We're sorry about that. Mr. Mayor....
Mr. Plummer: We hope your deposits are more timely.
Mr. Cavanaugh: We hope so and we hope both of you will come to pay us a visit
soon. Thank you very much.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-809
A RESOLUTION APPROVING THE INSTALLATION OF DRIVE-IN
FACILITIES AT THE GROVEGATE BANK. LOCATED AT 2770 SOUTHWEST
27TH AVENUE, MIAMI, FLORIDA.
(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
24 MAJOR USE SPECIAL PERMIT - 125-175 N.W. 1ST AVENUE DISCUSSION AND
TEMPORARILY DEFERRED
Mayor Ferre: We now are on item number 9, Courthouse Associates, Inc., Debbie
Malinsky. This is a matter the Planning Department recommended approval. The
Planning Advisory Board recommended 7 to 1. As we all know, who is your
client on this?
Ms. Debbie Malinsky: On Courthouse Center? Courthouse Center Associates
Limited Partnership.
Mayor Ferre: Who are the limited partners?
sl
41
July 25, 1985
Ir
lrmw TM
Ms. Malinsky: There are numerous ones, including Roland International
Corporation, Jill Robins as an individual, Modular Group, a design consulting
firm, Alberto Soco....
Mayor Ferre: You haven't mnntionpd any names. Who are the individuals
involved`.'
Ms. Malinsky: Jill Robins, Alberto Soco, Michael Katz, Mark Friedland.
Mayor Ferre: Thank you.
Mr. Whipple: Mr. Mayor, members of the Commission, the department does
recommend approval of this major use. The variance requested is one for
height, which, as this Commission knows, we have granted and recommended
variances for height in the downtown area and the second part of the request
is for a special exception for off-street parking, also in the downtown area,
which we are recommending. There were some previous items that it was
thought that additional variances would be needed. However, they have been
eliminated by the applicant, so everything is in order at this time.
Mr. Plummer: Let me ask a question, Mr. Whipple. I'm concerned, as I was at
the last meeting, about the impact that this was going to have on the
downtown. Does this carry with it impact fees? Let's just use this northwest
1st Avenue. That's a very narrow street.
Mr. Whipple: As you might remember, the City Commission did pass a resolution
that as of a certain date all construction plans that went through the
building department were properly stamped and the property owners, what have
you, are put on notice that an impact fee may be imposed at a later time.
Mr. Plummer: When is it proposed that the first avenue will be widened?
Mr. George Campbell: There is no schedule on First Avenue. It has to be
widened by the County and one of things would be this grand central
development in there when they would be required to dedicate additional right-
of-way and improve the street.
Mr. Plummer: When you take the Metrorail and you take all of the other
construction that is going on in that area, those streets just aren't gone to
carry it. I'm just wondering how the Planning Department can approve
something like this without serious consideration going in what's going in
that Government Center in the last five years.
Mr. Whipple: I believe, Commissioner Plummer, that these matters are being
considered and taken in to account in the program.
Mr. Plummer: Not when he tells me that there's no proposals to widen First
Avenue. First Avenue is bad at best under today's conditions, without a 30-
story building.
Ms. Debbie Malinsky: Commissioner Plummer, excuse me, for the record, my name
is Debbie Malinsky. I represent the applicants. I'm an attorney with offices
at 1401 Brickell Avenue. Through the review of this process, we've had a
considerable amount of attention drawing to the traffic question. I believe I
may have some information that can relieve some of your concerns. The
project, because it approached the D.R.I. thresholds, underwent review by the
Department of Community Affairs to determine whether or not it was a D.R.I.
It was determined that it was not and that was appropriate. In connection
with that review, a traffic analysis comparable to the type of analysis that's
done for D.R.I., was submitted by David Plummer and Associates. That was
reviewed by various State and local agencies, including the Florida Department
of Transportation. We have correspondence from F.D.O.T., which acknowledges
that the project impact on affected roadways is negligible, so on that traffic
being a particular issue for any type of state....
Mr. Plummer: Mayor, I ask this matter be continued to the next meeting.
Mr. Dawkins: Second.
Mr. Robert H. Traurig: May we have an opportunity to respond to that, Mr.
Plummer?
sl 42 July 25, 1965
Mr. Plummer: To my motion?
Mr. Traurig: Yes, so that you could un9erstand the gravity of the situation.
We have been planning the commencement of development. The site has been
cleared. Financing....
Mr. Plummer: Are ,you involved in th.'s`.�
Mr. Traurig: Debbie and I are associated together.
Mr. Plummer: My condolences to Debbie.
Mr. Traurig: Mr. Robertson and Mr. Friedland are unable to be present today
to speak on their behalf. Our situation is this. We have done through David
Plummer and Associates, an extensive study that was reviewed, as Debbie said,
not only by D.C.A., but by the Dade County Public Works Department and your
City's Public Works Department with regard to the traffic impacts. We've
worked very closely with the Off Street Parking Authority and with Mr. Carlton
with regard to a complimentary use of our parking structures. We think we
have dealt with the traffic planning very, very effectively. We think this is
a great addition to downtown and we would suffer very severe damage by a delay
unless you feel that there is a very great public interest to be served by
that delay. —
• Mayor Ferre: Having been through this process, even though when I did it, it
was easy, I know that when you have millions of dollars invested in real
estate, design and all that, when the meter starts running, it is a very
expensive proposal. I would recommend, J.L., that we defer this until the end
of the day.
Mr. Dawkins: And Mr. Traurig will buy you lunch.
Mayor Ferre: That's right and you have an opportunity.
Mr. Dawkins: Traurig, take him to lunch.
Mayor Ferre: I'm going to tell you, you got to take him to lunch, because
otherwise it's going to cost you. Tell us into the record how much it costs
per day, you know, that sad song you fellows always talk about, $10,000 in
interest a day and so on.
Mr. Traurig: I look forward to having lunch with Commissioner Plummer so we
can talk about it.
Mr. Plummer: Maybe Debbie, but not you.
Mr. Traurig: If his schedule will permit.
Ms. Debbie Malinsky: I'm available for lunch.
Mayor Ferre: He'd rather have lunch with Debbie. I don't blame him for that.
Mr. Plummer: Mr. Mayor, let me do this, if we can, over the lunch period I'll
look at the traffic study and let's just defer it until this afternoon.
Mayor Ferre: O.K., we're just going to continue this until later on today.
Mr. Plummer: So that it doesn't come as a surprise, I will be what the City
Attorney has recommended, that you acknowledge on the record if I move this
afternoon, so you be prepared to speak to this, that on the record you
acknowledge the impact fees of any impact created by your project will be born
by the developer.
Mrs. Dougherty: According to the ordinance we passed.
Mr. Plummer: According to the ordinance.
Mrs. Dougherty: That we'll pass in the future.
Mr. Plummer: So you think about that one until this afternoon.
sl 43 July 25, 1985
Ms. Malinsky: We'll answer that point this afternoon, but I believe it will
be in the affirmative.
Mr. Plummer: Mr. Mayor, I ask this be put off until this afternoon.
Mayor Ferre: You don't need to vote on that. I've got the authority to
continue this unti-L this afternoon.
25 AMENDMENTS: CLAUGHTON ISLAND. (Discussion and temporarily deferred)
Mayor Ferre: Item 10, Claughton Island. Claughton island again? And again,
and again.
Mr. Sergio Rodriguez: Mr. Mayor, members of the Commission, this item is
before you today basically to follow up on the motion that you passed on March
28, 1985. Motion 85-340 that addressed two specific issues. One dealt with
the time extension and the other one as to the fact that there will be no
monies accepted in lieu of the housing to be built on the island. The
location of the affordable housing that will be built in other places of the
City. This went to the Planning Advisory Board and the Planning Advisory
Board, following a recommendation from the Planning Department, found that
there was no substantial deviation from the development order in relation to
this issue. Last Thursday by Motion 85-722 you also addressed this issue
again and one extra issue that was brought to your attention was a condition
that none of the housing off the island be built in the Overtown/Park West
area. The Planning Department finds that this change is not substantial from
the previous motion, so we don't believe it has to go back to the Planning
Advisory Board and that it's also not a substantial deviation from the
original development order. There were some outstanding issues to be
resolved, but I understand that Mr. Traurig will address those issues. If
they are resolved to the satisfaction of the Planning Department, there will
be no more recommendation against any other outstanding issues at this point.
Mayor Ferre: Is there anything you want to add, Mr. Traurig?
Mr. Traurig: Yes, Mr. Mayor. Robert H. Traurig, 1401 Brickell Avenue.
Speaking on behalf of our client, Swire Biscayne Inc., in the letter which I
have given to each of you acknowledges on behalf of that company its
appreciation for the process which now results in the motion and the
resolution which is in your kit. Basically, we're saying to you that we
concur with the initial motion made by Commissioner Dawkins in March and in
April. We're satisfied with the approach which will require either the
development of housing for low income families on the island or moderate
income families off the island that would have to be done within the 18 month
period. We are satisfied with the recommendation made at last week's meeting
that the locations could be limited to two sites, rather than three sites.
That may be a subject that you want to discuss a little bit. With regard to
the other aspect of last Thursday's discussion here, which was to enlarge the
time period within which we could perform, we have suggested to you in this
letter that not be the subject of your consideration today because the notice
that was sent out and the action taken by the Planning Advisory Board did not
contemplate the enlargement of the time of performance. We think that it's
timely for us to have some certainty in connection with this. We're satisfied
to take the 18 month period that was originally prescribed and try to work
within that, but if after you pass this, it's appropriate for you to consider
at a later date an enlargement of the period for performance, we'd be happy
with that. We thank you for your action. We hope that you can pass it just
the way it came to you from the Planning Advisory Board with two changes that
were suggested by Commissioner Dawkins last week. One is that none of those
units be built in Park West/Overtown and two is that we can have two projects,
rather than three projects, because we think that could be within the
contemplation of the original notice and the original action by the Planning
Advisory Board. We once again thank you and urge that you pass this in
accordance with what's been presented to you. I have one other thing. Mr.
Rodriguez also mentioned some outstanding issues. We would like to
acknowledge that there has been correspondence between the City and our
clients and our office with regard to those outstanding issues. We would like
to confirm that with regard to the matters of police, fire and traffic issues,
sl 44 July 25, 1985
that our letter of May 20, 198> is hereby ratified an3 that we acknowledge our
obligations as describe] there, except that where we have our traffi2
obligation for the entire island listed as thirty eight thirty seven thousand
dollars.
In fact, the figure which is aiplicable would not be thirty seven thousand,
but $48,758.
Mr. Dawkins: Madam City Attorney, how do I put into this after we discuss it
with Mr. Traurig, a time certain to begin so I don't be waiting ten years
again and secondly, how do I put in a time limit for the sites to be chosen?
Because until the sites are chosen, we can't build and we can't finish until
we start. So how do I incorporate that into this motion, this resolution?
Mrs. Dougherty: Mr. Commissioner, you already have a time certain to comply;
that's 18 months. They have to complete within 18 months. To the extent that
you want to put a time certain in there to select the sites, I don't think
that will be a problem. I don't think that will be a substantial change.
Mr. Dawkins: See, Mr. Traurig just said that he might have to come back for
an extension. I don't mind that. But I want some dates in here. I'm
uncomfortable without... go ahead, Joe.
Mr. Carollo: Miller, the only way that I think you're going to get some quick
action -and let me remind ourselves that this has been going on for what,
eleven years now? Since we let them go ahead and build on the promises made
on this housing. Since the last time this came before us, I've done a little
research on this subject and what I'm seeing is that unless we say, O.K., you
want to build outside; you don't want to build inside? Fine, but then just
stop any additional construction whatsoever on Claughton Island until at least
a site is found so they can begin building. I don't think we're going to get
any quick reaction on their part. That's my opinion.
Mr. Dawkins: I agree with you, Joe, and that's what I want to ask Mr.
Traurig now. Which option are you taking? One for two sites or the one for
the ones on the island?
Mr. Traurig: We thought that you were giving us the alternative.
Mr. Dawkins: I am right now. I am, sir, I'm giving you the alternative.
Which do you want to do? The 200 on the island or the two off the island.
Mr. Traurig: We would prefer at this point to build off the island and we
will immediately be in contact with qualified builders in the impacted
communities so we can commence the process and quickly as possible. The
answer then is off the island.
Mr. Dawkins: How long will it take you to identify the sites and gear up to
begin?
Mr. Traurig: I probably will take up to six months.
Mr. Dawkins: Six months?
Mr. Traurig: You would recall, I think Commissioner....
Mayor Ferre: To begin, I doubt if he can do it.
Mr. Dawkins: How long will it take you to select the sites? We already
agreed on the six months to start.
Mr. Traurig: We think within the six month period we can select the sites and
get started.
Mr. Dawkins: I tell you what. I agree with Joe. If we meet in September and
we do not have the sites selected, I'm going to move that all construction on
Claughton Island cease until the sites are identified and we're ready to go.
Are you uncomfortable with that?
1 Mr. Traurig: Quite uncomfortable with it.
sl 45 July 25, 1985
Mr. Dawkins: Tell me why sir?
Mr. Traurig: Because it's inconsistent with what this Commission was doing
last Thur:,9n. Let me explain what I mean by that.
Mr. Dawkins: Mr. Traurig, 4t's not inconsistent. We've been waiting eleven
years!
Mr. Traurig: Let me explain. I think what this Commission was saying last
Thursday was it takes a bit of time to identify those sites ani to get
started. Now you're saying do it instantly. If you're saying to us, do it
instantly, we're going to have to....
Mr. Dawkins: I tell you what, I make a motion that all building on Claughton
Island cease and nothing else be done until this is resolved. We've waited
eleven years and we just keep going over and over and every time we come up
here, I mean, he's given no direct order which way to go. We don't know what
we're doing, and that's all it is.
Mayor Ferret Mr. Commissioner, if I may, I'm going to ask the City Attorney
for a legal opinion.
Mr. Dawkins: Mr. Mayor, I don't mind going to court. You see, the City
Attorney is going to tell us that we got to go to court. That's what you go
to court for, to win or lose.
Mayor Ferret I just want to make a statement, if it's all right. In the
first place, there are several owners in Claughton Island. Part of that
property belongs to Cheezum, part of it belongs to Swire, part of it belongs
to Ed Claughton. A resolution stopping construction on Claughton Island... I
tell you, I extend the courtesy to Mr. Dawkins, of listening to him carefully
and every time I start talking in answer to something, he pulls this kind of a
stunt, so I'll wait for him to come back and answer him when he's here.
Mr. Plummer: Let me ask this question.
Mayor Ferret Totally illegal what he's... you know, it's fine, but people do
have vested rights.
Mr. Plummer: Mr. Mayor, I understand his concerns and I think you do too.
Mayor Ferret You can't go around... What kind of a reputation are we going
to get in the investment community when there is a major corporation about to
announce that they're going to put their corporate headquarters for Latin
America in Miami on Claughton Island, what do you think that company is going
to think when they read in tomorrow's newspaper that we stopped construction?
How can we then go take a trip trying to sponsor corporate headquarters to
moving here? Mr. Dawkins, I wanted to wait until you got here, because wanted
out of courtesy to you, I wanted you to listen to this. There are three owners
on that island. I think it's unfair to punish the two owners that have
nothing to do with this so number one, I would recommend that if you are
going to go out and punish somebody, that you punish only the people that are
affected and not innocent parties, like Ed Claughton and people that have
nothing to do with this project and who also own land in Claughton Island.
Why involve them? They had nothing to do with any of this. Second thing I
want to say on this is that I'm not totally adverse to cutting my nose to
spite my face, but it seems to me that somebody is out building a major
project that will bring economic welfare and being to this community that
there must be other ways of holding people's feet to the fire than by cutting
off their hands or feet or noses or something. It seems to me that since
we're all aware that a major international corporation is about to announce a
major movement of an international headquarters to Miami on Claughton Island,
which will be a tremendous economic benefit to this community, that if those
people in Paris or wherever they're based, read tomorrow's newspapers that
we've done something like this, you're going to find out that they're going to
end up in some other American City and it's going to be a major loss to our
community. You know that they're about to begin a construction of a major
office building out there to house a major international corporation. We're
all aware of that. This would be a major blow in the economic redevelopment
of this community. I would plead with you that we find alternative ways of
1 holding their feet to the fire.
sl 46 July 25, 1985
o ar i�a axtx .
Mr. Plummer: Mr. Mayor, may I continue?
Mayor Ferre: No, I have a legal question that I've asked of the City
Attorney.
Mr. Plummer: I'm sorry.
Mayor Ferre: The question is, can we legally do this?
Mrs. Dougherty: Mr. Mayor, the original development order did not have as a
penalty the holding of a building permit. It can be enforced just like any
other covenant running with the land. We can sue to enforce the covenant. in
this instance, back in March, the developer came forward and asked you for a
time extension, that not being a substantial deviation. You granted him a
time extension to 18 months, provided that he complies with certain things.
Developer is now formalizing that, that motion back in March by going to the
Planning Hoard and coming here.
Mayor Ferre: You're not answering my question.
Mrs. Dougherty: The answer is no, legally you cannot hold up the building
permits at this time.
• Mr. Dawkins: Mayor, may I ask a different
y + y question. May I ask a legal
question now?
Mayor Ferre: You certainly may.
Mr. Dawkins: Madam City Attorney, since this organization did not fulfill its
promise to the City of Miami by having 200 units of low income housing ready
to be moved in on February 15th as they said they would, legally are they
still building on a legal contract which we gave them because they promised us
to do something or are they illegally constructing work over there?
Mrs. Dougherty: Commissioner Dawkins, were it not for your March resolution,
they would be in default of that development order and we would have certain
rights and remedies under that....
Mr. Dawkins: O.K., how do I go back and take back the ordinance of March
25th, legally? I mean, since we have to go legal, legally how do I....?
Mayor Ferre: Of course we have to go legal!
Mr. Dawkins: I have no problems with that. How do I legally take back what
we did on March 25th legally?
Mrs. Dougherty: You'd have to rescind that former resolution.
Mr. Dawkins: Please word that for me so I can make that motion now.
Mrs. Dougherty: It would be a motion....
Mayor Ferre: Would you cover vested rights when you rescind it too?
Mrs. Dougherty: Well, vested rights occur....
Mayor Ferre: Explain how you avoid, rescind vested rights, so we can....
Mrs. Dougherty: Commissioner Dawkins, what he's talking about is that
developers, if they have spent money, because....
Mr. Dawkins; I'll give it back to him, that's all right. Just tell me how to
rescind it. I don't have any problem. You see, you sit up here and throw
money away; I don't mind giving the developer something. Come on, give it to
me.
Mrs. Dougherty: Commissioner Dawkins, the way that you would rescind that is
you would rescind your former resolution that had granted the 18 months time
extension, but what the Mayor is talking about is....
Mr. Dawkins:
No, no, no, ma'am, tell me how to do that and after....
sl 47 July 25, 1985
r
a
Mrs. Dougherty: ....that rescission....
Mr. Dawkins: Then after I do that, then tell the Mayor what he wants to know.
Will you do that for me please?
Mrs. Dougherty: You would be res?indirie the resolution -and I don't know the
number- which authorized the extension of time for 18 months.
Mr. Dawkins: See, I'm going to make that motion. I may not even get a
second. It may not be necessary. But I move the motion that was just said by
the City Attorney.
Mr. Carollo: Can you repeat the motion, Madam City Attorney?
Mayor Ferre: I'll recognize that; read the motion.
Mrs. Dougherty: This would be a resolution rescinding the former resolution
of 85-I don't know the number- which granted an 18-month extension to the
development order and declaring it not to be a substantial deviation.
Mr. Dawkins: 85-340.
Mrs. Dougherty: 85-340.
Mayor Ferre: There is a motion on the floor. Is there a second?
Mr. Carollo: Second the motion.
Mr. Plummer: Under discussion, Mr. Traurig, you're about to go down the
drain. I'm sorry, you're about to go down the bay.
Mayor Ferre: No, we're about to go down if word gets out that's the way we
treat developers.
Mr. Dawkins: It's when the word gets out that the Black people and the poor
people and the Cubans who don't have no housing have been let down the drain.
The people who pay their taxes, they're the ones who are going to suffer. You
keep telling me over and over about what developers and all, what about the
people who pay taxes here who these were promised to?
Mayor Ferre: Are you talking to me?
Mr. Dawkins: Yes, you.
Mayor Ferre: Well then, let me address you.
Mr. Dawkins: By all means.
Mayor Ferre: Commissioner, I don't mind doing this now in between now and
November. I don't have any problems with that.
Mr. Plummer: I yield the floor to the two fighting parties.
Mayor Ferre: Hey, if you want to take me on, air, I....
Mr. Dawkins: I couldn't care about going off or under....
Mayor Ferre: I got no problems running my race and your race too.
Mr. Dawkins: You want to have hell winning either one of them.
Mayor Ferre: Well, we're going to see.
Mr. Dawkins; All you got to do is go file for Seat 5 and you can see whether
you can beat me or not.
Mr. Plummer: I had the floor.
Mayor Ferre: You did? Until that little emotional outburst, you did, until
we had that little emotional outburst.
al 48 July 25, 1985
Mr. Plummer: Yes, is the emotional outburst over?
Mayor Ferre: I don't think so. I think we have a serious....
Mr. Plumm,�,r: Is it on temporary hold so that I can speak? Would you let me
know.
Mayor Ferre: No, I don't think so; it's n:)t on temporary hold. We have a
serious matter.
Mr. Carollo: I suggest that maybe we defer this with the other item Mr.
Traurig had for the afternoon until we get some cooler heads to prevail.
Mayor Ferre: I would have no problem deferring until this afternoon.
Mr. Carollo: Is that all right, Miller?
Mayor Ferre: Or until later on.
Mr. Carollo: You have another item that you have to be here for, right, Mr.
Traurig?
Mr. Traurig: Yes, we'll be happy to return at any time this afternoon.
Mr. Plummer: When cooler heads prevail.
Mr. Carollo: I don't think that anything constructive, whether we vote for it
or not, is going to come out of any discussion we have under the
circumstances, so, maybe if we wait a few hours, it would serve....
Mr. Traurig: I thank you for the suggestion. I would like to make a
statement at some point to tell you that we really are making every effort to
satisfy the requirements of that original 1975 development order, but let's
defer it if the will of the Commission be that so that we can come back here
at a little bit....
Mayor Ferre: You're not going to defer my making a statement, which I'm going
to do in a moment. That I have a right to do.
Mr. Carollo: No, the item we are deferring, Mr. Mayor.
Mayor Ferre: That's fine, sir, you can defer the item, but I have the right
to make a statement.
Mr. Carollo: Any member of the Commission always has, Mr. Mayor.
Mayor Ferre: The problem that I have with this, so that we understand very
clearly what we're talking about is not any demagogic outburst on the rights
of Cubans and Blacks as to who is getting housing and who's not getting
housing. The issue at hand is how we go about the process of finalizing an
agreement that Plummer, you and I, it was my idea, I proposed, we voted upon
it on this Commission ten years ago; they had then years to comply. The ten
years ran out in April. We, in March, gave them an extension, which we're
about to rescind as I understand. I don't care what happens on this
particular issue as such. What I do care about, because I know that one way
or the other, we're going to get 200 houses or 225 houses of low or middle
income housing, depending as to which site is chosen. What I do think is the
kiss of death, is the knee jerk arbitrary emotional based on all this spite
and emotions that churn inside people around here, based on personalized
criticism where we're taking and we're stopping the construction of a major
project that will bring to this community a major international corporation to
base its headquarters. If the word gets out in the development community, in
the business community, and in the banking community that we knee jerk things
like this, you're not going to have too many important corporations come to
Miami and base themselves here if we're going to deal with them this way. I
think that what you're trying to do and the end results are fine. I've got no
problems in holding people's feet to the fire or making them accountable or
punishing them, but I do think that we should not live in the City where we go
around cutting people's hands to show punishment or dislike or we go around
with that type of drastic draconian measures to show that we are going to
solve problems. That's not the way to deal with issues, it seems to me. The
way to deal with an issue is to do it logically, calmly, collected, with a
sl 49 July 25, 1985
sense of propriety, with a sense of justice, and dealing with it fairly.
We're not going to solve the problem by cutting somebody's hands off. That
don't solve the problem. The problem is simple and I think the solution
we're about to reach a solution. I think just to stop construction of an
unrelated project is a draconian, knee jerk, over reaction way to deal with a
delicate subject. I think w,-- ought tc ^cme with a positive solution, not a
negative solution.
Mr. Dawkins: Mr. Mayor, members of the Commission, all of you in the
audience, conflict brings about resolution. Without conflict there is no
resolution. In any body such as this, there has to be conflict in order for
us to reach a resolution. This is no knee jerk reaction on my part, I don't
think, not when I go outside and I see people with poor housing, unemployed,
poor health-care services. That's no knee jerk reaction to me. It's a fact.
When I sit up here that's what I'm trying to help correct. Now this
gentleman, or whomever this company is, of course, it will come down on
Brickell Avenue or wherever they plan to build on Claughton Island, it still
will not alter the fact that these 200 houses, had they been ready, would have
alleviated some of our housing problem. It's no problem or no fact that these
will bring jobs, but if you bring jobs into the City and you cut down
unemployment, and you still have no place for people to stay you have not
helped the total City. You've only helped the individuals where you build the
yards, the houses. So, I have no problems with anybody in this room forming
an opinion of my actions, but I've been reacting and acting this way from
November 1981. I intend to continue to react this way. If the voters decide
that they don't like this, and they don't send me back November 5th, that's
their total right and privilege, but I don't think other individuals should
attempt to enhance their political good by attacking someone else.
Mr. Plummer: What time will we be back;?
Mr. Traurig: Is this scheduled for a time certain when you first return?
Mr. Plummer: Yes, a time certain before 9:00 o'clock.
Mayor Ferre: Anything else? Yes, sir, you wanted to speak.
Mr. Plummer: Mr. Mayor, this matter has been continued.
Mayor Ferre: I realize that, but he's been trying to speak for the last half
hour.
Mr. Carollo: Mr. Mayor, we have to break at noon.
Mayor Ferre: Yes, but out of courtesy to him, let his say a few words and
then we'll break.
Mr. Carollo: You have other people here too, Mr. Mayor.
Mayor Ferre: This gentleman wanted to speak on this issue and he wishes to
speak. You can walk away. I recognize them. You can go ahead and make your
statement.
Mr. Roberto Godoy: My name is Roberto Godoy. I represent Florida Housing
Cooperative. I have heard with great care what Mr. Dawkins has said. I fully
agree. The low income people must have their houses in the Black community
and in the Little Havana community. We have the solution for that. If this
gentleman provide the sites for these 200 units, we guarantee that Florida
Housing Cooperative can go ahead. I want to say that if there is a desire to
make owners to a number of low income families giving them a decent place to
live, it is necessary to take into consideration the cooperative house under
the present banking requirements, no units can be sold to families with low
income, as they will not qualify for a first mortgage. However, under the
cooperative system, the national cooperative bank will give to the members of
the Florida Housing Cooperative a first mortgage for 50%, taking into
consideration either their income or that they qualify under section 8, and
the other 50% in second mortgage at 3% can be obtained from the documentary
sur- taxes stamp that at the present moment have more than $10,000,000. In
the Miami Herald of last Sunday under an article entitled "Apartment
Conversion Fever hits up in the big apple it is clearly -stay, here this
please- that between 1981 and 1984 there has been 112,033 cooperative against
32,000 condominiums. To this, we can add that in other states there are over
sl 50 July 25, 1985
a half million of cooperative units. In the Southeast Overtown Park West
Development Project mentions 441 rental units and 229 condominiums, but
nothing is said of cooperative units. Therefore, it is both very important
and we request that in any resolution as to low income be taken into
consideration the cooperative housing.
Mayor Ferre: Thank you, sir.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
12:05 P.M. RECONVENING AT 2:15 P.M. WITH ALL MEMBERS
OF THE COMMISSION FOUND TO BE PRESENT EXCEPT
COMMISSIONERS CAROLLO AND PEREZ.
NOTE FOR TM RECORD: Commissioner Perez entered at 2:19 P.M.
2 6 PRESENTATIONS: CITY OF MIAMI BIRTHDAY, MISS MIAMI, CHANNEL 2
• I. Birthday cake and celebration for the City's 89th anniversary.
2. Key of the City presented to Elaine Sarmiento, Miss Miami.
3. Presentation to Fred Baron, representing WPBT, Channel 2, for enhancing
the quality of life in South Florida with educational television.
27 PERSONAL APPEARANCE: MIKE ABRAMS RETURN OF $2,500 FLORIDA LEGISLATURE
MEETING IN MIAMI
Mayor Ferre: We have Representative Mike Abrams.
Mr. Mike Abrams: Mr. Mayor, members of the City Commission, thank you for
your indulgence on this very important day. As all of you know, this past
April, Dade County hosted the entire Florida Legislature. For that one week-
end, the legislature shared our vision and your vision of what a wonderful
community this is and will continue to be. The City of Miami was
significantly helpful in terms of organizing this event, both with its
resources and with financial contribution. Based on the feedback that we've
gotten from our colleagues and based on appropriations that we've been able to
receive this past session, I think that the week -end was a success. More than
that, unlike most other events of this nature, Mr. Mayor, we ran under budget
and as a result, when it came to deciding what to do with the disposition of
the funds, Commissioner Winn myself, and Al Zenk who were co-chairs of the
event, decided that we wanted to return all the public funds. So, Mr. Mayor,
it's my pleasure on behalf of the host committee to bring to you a birthday
gift of our own, a return of the $2500 that the City of Miami so
significantly, generously contributed to this event. If you tell me where to
leave the check, I will do so and be on my way.
Mayor Ferre: Commissioner Plummer is always happy to accept money.
Mr. Plummer: I'm the closest to the podium.
Mayor Ferre: Get a picture of this quick.
Representative Abrams.
sl
51
Thank you very much,
July 25, 1965
28 DELEGATE AUTHORITY TO SOLICIT SPONSORSHIPS & PROMOTIONAL LICENSES ON
BEHALF OF THE CITY OF MIA_VI SPORTS AND EXHIBITION AUTHORITY
Mayor Ferre: I have a request here that we take up item 55 out of sequence
due to the need for the participants to get to unavoidable appointment that they have to have a commitment on. This deals with the Miami Sports
Authority. Mr. Turner, I understand you have a problem that you must go
attend immediately and you've asked that this be taken out of sequence.
Mr. Larry Turner: Yes, thank you very much; I appreciate it. My name is
Larry Turner. I'm chairman of the Miami Sports and Exhibition Authority. Mr.
Mayor and Commissioners, the City Code requires the Sports and Exhibition
Authority to promote sports and conventions to the greatest extent feasible
and to rely as much as they can upon the private sector for the funding of
these activities. To that end we engaged Del Wilber and Associates, a sports
information consultant, to find and bring to us corporations and others who
are willing to put together sports sponsorship packages for the authority and
for the benefit of the City of Miami. We went through the competitive bidding
process and selected Del Wilber and Associates and they have been out working
to find these relationships for us. We believe we have the authority under
the ordinance creating the Sports Authority to negotiate these contracts and
present them to the City Manager for approval, but it's been the
recommendation of the executive director and the City Attorney's office that
we gain this specific authority from the Commission so that cannot be
questioned. What we're asking today is there is no cost to the City. It can
only be benefit to the City that we be granted this specific authority to
negotiate the sports sponsorship packages and present them to the City Manager
for approval on behalf of the City. I believe there is a resolution that has
been presented to the Commissioners that would accomplish this.
Mr. Plummer: Mr. Mayor, I move it.
Mr. Dawkins: Second.
Mr. Perez: Second.
Mayor Ferre: It's been moved and seconded. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-810
A RESOLUTION DELEGATING TO THE MIAMI SPORTS AND EXHIBITION
AUTHORITY ("AUTHORITY") THE AUTHORITY TO SOLICIT
SPONSORSHIPS AND PROMOTIONAL LICENSES ON BEHALF OF THE
CITY OF MIAMI IN FURTHERANCE OF CHAPTER 52.6 OF THE CITY
OF MIAMI CODE AT NO COST TO THE CITY; AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO APPROVE THE SPONSORSHIP
AGREEMENTS PRIOR TO EXECUTION.
(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
al 52 July 25, 1985
23 MAJOR USE SPECIAL PERMIT: COURTHOUSE ASSOCIATIONS LTD., 125-175 N.W. 1
AVENUE
Mayor Ferre: We now revert back to the order of business we left this
morning, unless there is a problem with the issue before us. As I recall,
J.L., Courthouse Associations you were going to try to look at by the end of
the day.
Mr. Plummer: Mr. Mayor, I've had the opportunity to meet with the people.
There are three items to be included. Number one, they are to give a
dedication of an easement for the widening of the road. Number two, they will
admit on the record that once the D.R.I. of downtown is completed, they will
pay their proportionate fee of the impact fees. The third item, what was the
third item?
Ms. Debbie Malinsky: We have the dedication, the impact fee, and the
construction along N.W. 2nd within that ten foot right-of-way.
Mr. Plummer: That covers it. Mr. Mayor, if there is no further discussion by
any member of the Commission, I will be happy now to move item ten.
Mayor Ferre: Nine, sir, Courthouse Associates, item 9. Are you moving item
nine?
Mr. Plummer: Nine, yes, I'm sorry.
Mayor Ferre: Is there a second to item 9?
Mr. Perez: Second.
Mayor Ferre: Commissioner Perez seconds; Commissioner Plummer makes the
motion. Further discussion on item 9? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-811
A RESOLUTION ISSUING A MAJOR USE SPECIAL PERMIT, ATTACHED
HERETO AS EXHIBIT "A" AND INCORPORATED BY REFERENCE
APPROVING WITH CONDITIONS, THE COURT HOUSE CENTER PROJECT,
PROPOSED BY COURTHOUSE CENTER ASSOCIATES, LTD. FOR
APPROXIMATELY 125-175 N.W. 1ST AVENUE; MAKING FINDINGS;
AND PROVIDING THAT THE PERMIT SHALL BE BINDING ON THE
APPLICANT AND SUCCESSORS IN INTEREST.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
30 AMENDMENTS: CLAUGHTON ISLAND BUILDING OF AFFORDABLE HOUSING UNITS, ETC.
t Mr. Plummer: I think you have some announcement on item 10.
sl 53 July 25, 1985
Mayor Ferre: I'm sorry, I was waiting for Commissioner Carollo. Are you all
set on this, Dawkins?
Mr. Dawkins: Yes, I'm all set. I just want to put something in the record.
Mr. Robert H. Traurig: On item 10 I'd like to reannounce my presence, Robert
H. Traurig, 1401 Brickell Avenue. It was inquired during the morning session
as to how long it would take for us to acquire the sites so that we could
commence construction and I would like to announce it will be not later than
six months and probably much sooner than six months, as early as four months
to acquire the sites. We will then return to this Commission so that we could
announce which sites and get your blessings on those particular locations.
Mr. Plummer: Mr. Mayor, if there is no further discussion....
Mr. Dawkins: Further discussion.
Mrs. Dougherty: J.L., we have to resolve if it is three or two sites.
Mr. Dawkins: Not that I'm going to change my vote, but I'd like to get this
in the record.
VOTE FOR M RECORD: Commissioner Carollo entered the meeting at 2:33 P.M.
Mr. Dawkins: Madam City Attorney, this says:
"this memorandum is to advise you of the current status of the
Claughton Island Development Order pertaining to low income
housing and to recommend to you that no further building permits
be issued until the developers are in substantial compliance with
the development order. Chapter 380.06 (15) Florida Statutes
provides that:
'(15) The local government issuing the development order is
primarily responsible for monitoring the development and enforcing
the provisions of the development order. Local governments
shall not issue any permits or approvals or provide any extensions
of services if thee developer fails to act in substantial
compliance with the development order"
Now I asked you this morning if we had any recourse and you told me no.
Mrs. Dougherty: Mr. Commissioner, the question is whether or not they are in
substantial compliance with the development order. You granted them an 18
month extension and in my opinion, they probably were.
Mr. Dawkins: O.K., go to item number three:
"Motion 85-340, a motion of intent, was passed stating that if
moderate income or affordable housing units are built on the
mainland they are to be built ready for occupancy 18 months from
this date,"
...which was March 28, 1985...
"stipulating that the units shall be in 3 separate buildings of 75
units per building in 3 separate areas of the City. This
Department finds that the developer's obligation to provide low-
income housing on Claughton Island was not satisfied by March
28th."
...so therefore, the development order is not in compliance. I'm not going
to back out on any agreements or any arrangements that I made. I merely
want to put this on the record that this is all I was trying to say this
morning, that legally we are right; and everybody is telling me if you go to
court you're going to look wrong. Uh, uh, if we go to court, we're in good
shape. So with that on the record, I'm finished, Mr. Plummer, go ahead.
Uh, uh, if we go to court, we're in good shape. So with that on the record,
I'm finished, Mr. Plummer, go ahead.
Mr. Plummer; I move item 10.
Mayor Ferre: Is there a second on item 10?
Mr. Dawkins: Second.
81 54 July 25, 1985
S
0
Mayor Ferre: Further discussion on item 10? Call the roll on item 10,
please.
The following resolution was introduced by Commissioner Plummer, who
movPd its a_?,rtion:
RESOLUTION NO. 85-81^
A RESOLUTION OF THE CITY OF MIA.^Si COMMISSION AMENDING
PARAGRAPH 6, EXHIBIT "A," OF RESOLUTION 75-135 DATED
FEBRUARY 12, 1975, ASS AMENDED, BEING A DEVELOPMENT
ORDER APPROVING WITH MODIFICATIONS THE CLAUGHTON
ISLAND PROJECT, A DEVELOPMENT OF REGIONAL IMPACT;
AUTHORIZING THE CITY MANAGER TO AMEND CERTAIN
AGREEMENTS REFERENCED IN RESOLUTION 75-423 DATED APRIL
22, 1975, BEING PARAGRAPH B OF "THE STIPULATION OF
AGREEMENT TO CONDITION DEVELOPMENT ORDER AND TO
DISMISS APPEAL," AND PARAGRAPHS 1 AND 5 OF ATTACHME*NT
I, THE MEMORANDUM OF UNDERSTANDING DATED MAY 14, 1975,
BETWEEN CLAUGHTON ISLAND INVESTORS AND THE CITY OF
MIAMI IN REFERENCE TO LOW INCOME HOUSING, WHICH
AMENDMENTS ALLOW OPTIONS TO CLARIFY TENURE, INCREASE
THE NUMBER OF UNITS, CHANGE THE LOCATION FROM
CLAUGHTON ISLAND TO TWO SEPARATE AREAS WITHIN THE CITY
OF MIAMI, UPON CITY COMMISSION APPROVAL; SPECIFYING
TIME OF COMPLETION; FURTHER, FINDING THAT SAID
AMENDMENTS DO NOT CONSTITUTE SUBSTANTIAL DEVIATIONS
FROM THE TERMS OF THE DEVELOPMENT ORDER, AND DIRECTING
THE CITY CLERK TO SEND COPIES OF THIS RESOLUTION TO
AFFECTED AGENCIES AND THE DEVELOPER.
(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.
31 MAYOR ANNOUNCES HIS INTENTION TO RUN IN 1985 CAMPAIGN FOR RE-ELECTION
Mayor Ferre: Ladies and gentlemen, I would like to take this moment of
personal privilege to make an announcement at this time which I wanted the
full Commission to be here and the press to be... There has been a lot of
speculation as to whether or not I am going to run for public office. I
thought that perhaps I should clarify this at this moment, now that we have
Miss Miami and hopefully Miss Florida and maybe even hopefully Miss Universe
and Miss America then next and then Miss Universe here. I thought that
perhaps this would be an appropriate time to do this. It is my full intention
to run for re-election as Mayor of the City of Miami and it is my pleasure to
announce it at this time. Today is July 25th, which is the day that I always
announce my re-election campaign. Today is Puerto Rico Day. It is the day
that Puerto Ricans celebrate throughout the world as their special day. I
have always announced my re-election campaign on this day. I am doing so at
this time. I will be registering officially for the Mayor's re-election in
Seat Number 1 in the next week or ten days, but it's my firm intention to seek
re-election and I'm happy to announce it at this time.
Mr. Carollo: Madam Clerk, can you please send the Mayor a bill for that paid
political advertisement?
sl 55 July 25, 1985
0
Mayor Ferre: You know, I'm getting tired of several of my opponents running
around town telling everybody that I have a secret deal to support Raul
Masvidal and I'm not going to be running. I am running for re-election. I do
not want any doubts about it. I'm announcing it publicly and I will be
officially a candidate... I usually wait until the end of September. I will
not be waiting this year, so as to stop all these doubts, I will be hopefully
in the next few days, I will have my hundred dollar check and I will be an
official candidate.
32 U.D.P./R.F.P. FOR DEVELOPMENT OF MARINE STADIUM AMPHITHEATER SET PUBLIC
HEARING DATE: SEPT. 12, 1985
Mr. Dawkins: Mr. Mayor, Joe, we have a gentleman here on item 26.
Mayor Ferre: All right, does anyone here object to item 26 being taken out of
turn? Take up item 26.
Mr. Segundo Fernandez: Mr. Mayor, members of the Commission, my name is
Segundo Fernandez from Tallahassee, Florida. I'm the attorney representing
the Casino Espanol Rowing Club. To refresh your recollection, back in April
there was a resolution before you to authorize the issuance of a request for
proposals for the lease of some land near the Marine Stadium complex on
Virginia Key. That matter was continued in April. It had been rescheduled
for June and then it was continued from the June meeting. I understand and
I've been told that it's been scheduled for discussion again today and our
request would be that you bring back that resolution that was before you on
April 30th and hopefully vote on it favorably and allow this matter to go on
advertising and have these R.F.P.s come in.
Mr. Plummer: I think the problem is we've not seen the R.F.P.
Mr. Pereira: Commissioner Dawkins asked just for discussion. I got it here.
You did not ask for the R.F.P. itself.
Mr. Plummer: Well, we've told the administration four months ago to start
preparing an R.F.P.
Mr. Pereira: Preparing... it was on the agenda and it was withdrawn. You've
had it.
Mr. Plummer: Well, I think the logical question is right now is the R.F.P.
ready? I've not seen it.
Mr. Fernandez: My understanding is... you mean the advertising that the City
will put out requesting the R.F.P.s?
Mr. Plummer: No, we prepare an R.F.P. and ask people to pick up a copy and
bid on it. That's the normal procedure. We don't have... What am I speaking
for? Mr. Manager.
Mr. Pereira; Commissioner, this item was at a previous agenda and the copy of
the R.F.P. was submitted to you. The item was deferred and it was at the
request of Commissioner Dawkins that it was put out for discussion. The
R.F.P., in fact, is completed and....
Mr. Plummer: Do we have a copy of it?
Mr. Pereira; I can give you a copy now. I have copies for you. Let me say
that this item is referred to as a misnomer as Casino Espanol, the R.F.P. is
not designed for any one particular organization. It is designed just as a
request for proposal and would be evaluated if passed by the Commission and
recommended by the Commission. The best use is what would be considered by
the staff.
Mayor Ferre: Or not at all.
i Mr. Pereira; Or none at all.
sl 56 July 25, 1985
Mr. Fernandez: That's right, you're not going to be voting on any specific
proposal, but rather authorizing our proposal along with any others to come in _
and then you evaluate those at your discretion. Under the terms of your
R.F.P. you're free to disregard all of the proposals that come in, whatever
seems to be in the City's best interest at that time. But the point I would
like to make is that we haven't even gotten to the point where we can submit
our proposals because the R.F.P. has riot been authorized by the Commission.
Your vote today would not, as I said, pass favorably upon any one plan, but
rather allow us to go forth to bring something before you for your evaluation.
Mayor Ferre: Further questions or discussion on this issue?
Mr. Plummer: Mr. Manager, I'm assuming that this R.F.P. was developed by your
staff and comes with your approval that it is the best R.F.P. that we can get
for the proposal. Is that correct?
Mr. Pereira% That is correct, sir.
Mr. Plummer: So if we were to move to allow you to go out with the R.F.P.
we're not really doing anything other than to solicit and see what is the best
deal the City could make and at that time they can decide whether they wanted
to use anything or nothing or possibly award. Commissioner Carollo, you've
been involved in this. Are you familiar where we are right now?
Mr. Carollo: I would say so; yes, I am, Commissioner. As I stated before,
this group of people, their intentions are very honorable. We're dealing here
with probably one of the most decent groups of individuals that has ever come
before this Commission. They're all outstanding citizens. I'm not
questioning the integrity or the intentions of any of these individuals. My
problem is two -folded. One is that the most valuable piece of asset that the
City of Miami presently owns is that area of Virginia Key. There is so much
talk about how much Bayside is going to bring in revenues the City of Miami.
Well, that area of Virginia Key can bring much more than Bayside will if we
develop it appropriately. The problem is that around that house shoe across
from the Marine Stadium where I have talked and suggested that we can build a
marina that will be the best marina in the world, greater than Marina Del Rey
in California, that can hold between 2,000 and 2,500 boat slips. The area is
already deep enough to be dredged, that we don't have to do any dredging. The
problem is that this is one of the last areas of land around that horse shoe
that people can get out from that marina in the horse shoe. The rest is man
groves and the other parts of it we've unfortunately given out to boat clubs.
Ladies and gentlemen, whether we want to believe it or not, the fact is that
Metropolitan Dade County government and the City of Miami are basically at the
top of the ten mill tax limitation imposed on us by the state legislature. We
stand a very good possibility of maybe in the next three to five years seeing
not only Dade County government going first, but then right after it, the City
of Miami going into bankruptcy. You look at Metrorail today. That has a
deficit of some ninety plus millions dollars a year today. The monies aren't
there. They can't tax us anymore. We're at the limit already. If they put a
referendum to increase a sales penny tax, that ain't going to pass. People
are fed up with taxes, so if we don't start finding new ways of using the
resources that we have to create new revenue for this City, we're going to be
in a real bind and we're not going to be too much behind Dade County
government a few years from now in going bankrupt. That's a reality, not
scare tactics or anything else. So, I urge my colleagues to be very, very
careful in what we do and particularly with the land around Virginia Key. The
size of the land that you're asking for is approximately what, sir? About a
half an acre or is it larger?
Mr. Fernandez: It's about 30,000 square feet.
Mr. Carollo: It's about three quarters of an acre approximately.
Mr. Fernandez: Understand, Vice Mayor, that the item that we're hoping you
pass on today is not an approval of whatever plans we have, but rather it is
allowing staff to go forth to receive the proposals and evaluate them and at
such time as they come before you for approval, you're free to accept one or -
disregard all the proposals.
Mr. Carollo: I realize that very well and you're very correct in that,
however, it's starting the trend that I think we need to get away from. If I
sl 57 July 25, 1985
LA
may ask you, sir, you seem like a very intelligent individual, very capable
attorney. Would you have any idea what that land would be worth in today's
market? Three quarters of an acre of prime land next to the waterfront?
Mr. Fernandez: I'm sure it's worth a lot, but let me make this point. First
of all, there are no ot'inr altertir,tive plans that have ever been suggested in
concrete to this Commission for the use of that land.
Mr. Carollo: Not concrete, but there have been plans that have been
suggested.
Mr. Fernandez: That's right, secondly, we're not asking that you alienate
this land forever from those lands that you hold in trust with the people of
Miami. This is a lease proposal. It is a proposal that will have minimum
adverse impact on the environment of that area, which is fragile. You're
dealing with an aquatic preserve. You're dealing with an outstanding Florida
water and other state and federal regulatory requirements that are going to
make a marina development, for example, very difficult to permit in that area,
because strictly just on the water quality basis, the proposal that would be
envisioned by my group for this R.F.P. would not affect water quality or the
mangroves or any of those things that would be affected, say, by a marina
development. So, I think what you have here is either something concrete
that we're willing to come forth now for you to consider, versus some pie in
the sky goal that as laudable as it might seem, may never come about.
Mr. Carollo: Let me say this to you. I disagree with your assessment that
it's going to be impossible to do what I described there, if the State
Legislature, the State Cabinet, rather, approve the plans that we presented
for Watson Island, then this is going to be a cake walk, particularly we don't
have to do one inch of dredging to make piers there and boat slips. On the
other hand, I say this to you, I don't think there is any question whatsoever
that piece of real estate is probably worth several million dollars to the
City of Miami. If we were to go and put it in the market to sell it today,
you would have a tremendous amount of people wanting to pay, and pay dearly
for that piece of land, in fact, I'll be very frank with you. The City of
Miami is now going to go and this happens every darn election, out of being
concerned that one group, no matter how honorable they are, going to vote for
them or not. It's just going to start giving prime, choice land like this
away. Maybe I'm in the wrong business. Maybe I ought to step out there and
I'll bet right now that I'll give a quarter of a million dollars for that
piece of land and put a group together like this over night and turn around a
month from now and make myself a millionaire.
Mr. Fernandez: We're not suggesting that.
Mr. Carollo: No, you're not suggesting that. What you are suggesting is that
you receive three quarters of an acre of prime City land for a project that I
think is tremendous; it's fabulous. But City government, county government,
state government should not be in the position of giving prime land like that.
There are other alternatives that could be worked out and looked at. The
prime example is the Big Five; what you're trying to do is something similar
like the Big Five Club has done out in the Westchester area. Correct?
Something in the similar, there are some differences, but it's very similar to
that.
Mr. Fernandez: No, well, the point that I'd like to make is, before you start
judging whether we're like the Big Five or anything like that, let us submit a
proposal for you to evaluate. You see, we can't even get to that. We can't
even get to that because three times this matter has come before this
Commission; three times it has been deferred or postponed, or pulled off the
agenda.
Mr. Carollo: See, but what you're asking is for a proposal to tailor fit what
your needs are there. I submit to this Commission that if we're going to put
out an R.F.P. for there for that site, then we put an R.F.P. that is very wide
that all kinds of different people can bid for that. Mr. Mayor and my fellow
colleagues, I'm willing to go out and get a group right now and guarantee the
City a quarter of a million dollars, if the City wants to sell that land.
Mayor Ferre; Let me see if I understand this right. Are you concluded so I
can ask a question?
al 58 July 25, 1985
PANW
,_. _. _.,,..�_..... ..
.
Mr. Carollo: For the meantime, Mr. Mayor.
Mayor Ferre: Mr. Manager, who's the person on your staff doing the work on
this?
Mr. Pereira: Mr. Armada, Al Armada, Al, unfortunately is on vacation.
Mayor Ferre: Is somebody here who can answer some questions?
Mr. Pereira: Cesar or Randy, whichever.
Mayor Ferre: Mr. Odio, how many clubs do we now have in that location?
Mr. Odio: One, sir, and another one....
Mayor Ferre: The Miami Rowing Club.
Mr. Odio: ....that is already being built. There is another one
that
obtained a piece of property from the City.
Mayor Ferre: How much does the Miami Rowing Club have in space?
Mr. Odio: Thirty thousand square feet approximately.
Mayor Ferre: Thirty thousand square feet. How much does the new Rowing
Club
have?
Mr. Odio: Approximately the same thing.
Mayor Ferre: And these people will get thirty thousand square feet.
Mr. Odio: That's what they are...
Mayor Ferre: Have this bid. I mean, whoever gets this. Now, let me ask
you.
Is there a limitation as to what the successful bidder whoever it is gets...
I mean, can they put up a restaurant?
Mr. Odio: No.
Mayor Ferre: Can they put up a hotel?
Mr. Odio: No.
Mayor Ferre: Can they put up a marina?
Mr. Odio: No.
Mayor Ferre: So, the limitation is that it must be recreational sports
open
to...
Mr. Pereira: Aquatic activities.
Mayor Ferre: Water oriented type of a facility, right? Open to the public?
Mr. Odio: Well, yes, I suppose so.
Mayor Ferre: Well, yes or no, because that's important. It must
be a
property opened to the...
Mr. Odio: In reality it doesn't work that way Mayor.
Mayor Ferre: The what?
Mr. Odio: In reality it does not work that way. It's to membership.
Mayor Ferre: Miami Yacht Club.
Mr. Odio: That's a membership type. Yes.
July 25, 1985
0
Mr. Fernandez: Well, now let me explain that. It's going to be...
Mayor Ferre: Wait a minute. Now, look we already have a whole bunch of them
as Carollo pointed out and I think he has got a valid point. We got the
Outboard Motor Club, Miami Yacht Clul and the Coconut Grove Sailing Club.
Those are the three that we have now. Ok. Now, in addition we have the Miami
Rowing Club, the other Rowing Club and now...
Mr. Odio: American Barge Club I believe.
Mayor Ferre: The American Barge Rowing Club and now we have these people who
want to... who are aspiring to put up a third rowing club. Now, the question
is this. I realize that as a procedure which people join these clubs, but as
long as the procedure is not exclusionary. In other words, as long as they do
not reject people because of race, color, economic situation or what have you,
then I think it's one of the quasi opened operations. I want to make sure
that that's where we are headed in this.
Mr. Odio: It is not a public... The public doesn't have free access to it.
Mayor Ferre: Neither does Miami.
Mr. Odio: Neither the Miami Rowing Club or the American Barge Club or the
Sailing Club or whatever.
Mayor Ferre: Or the Sailing Club or Coconut Grove or what have you. All
right. Now, the other thing I wanted to ask is this. I read through this
thing quickly and I did not find it any where. Every time these things come
up here I always insert and insist that it be in the contract, that we have a
reverter clause in there that at any time that the City of Miami wants that
property back it can get it back immediately with the exception that we have
to pay for whatever improvements at their cost.
Mr. Odio: That is not a contract Mr. Mayor, that's an RFP. I will be in the
contract...in all contracts that we have.
Mayor Ferre: Yes, but how can it be in the contract if you don't advertise it
as a requirement and people come and spend their money to bid on this and then
there is confusion on it?
Mr. Odio: Well, then it should be in the RFP, but the contracts that the City
has given to the other people have that clause in it where we can buy it back.
Mayor Ferre: In other words, if these people or whoever come in and bid this
they are limited to putting up a club. It must be a water oriented thing. It
is not for profit. And it must be water oriented and we have the right to
evict them at any time, provided that we pay them for whatever investments
they have that they can prove to us at their cost?
Mr. Plummer: Yes, but we also must approve any buildings they put on it so
that they don't put a three million dollar building on it.
Mr. Odio: That is also the same way. We have the right to design.
Mayor Ferre: Ok. I don't have any further questions.
Mr. Carollo: Mr. Odio, can you come baok here sir. Is it true that this RFP
is tailor made to fit the request that this group has asked?
Mr. Odio: The RFP is tailor made to that type of use. Yes, sir.
Mr. Plummer: Use.
Mr. Odio: That type of use. Not to them, but the type of use.
Mayor Ferre: From a practical point of view Carollo is right. How many
Rowing Clubs are there in Miami? Come on.
Mr. Carollo: Well, now I think I have made my point. Madam City Attorney if
this passes now after the RFP is made and it goes out, what can be done for
t
other groups to be able to participate equally in something that wasn't tailor
al 60 July 25, 1985
_ _ ..._.. _ ,. "� m+AR. !!R e f 41 TRH ��•
made for them also. In other words, if on ABC that owns Water Worlds up in
Ocala would want to participate in acquiring this already for future plans in
Virginia Key if they are invited to bid or if another Water World, Six Flags
Atlantis as we have out there. When can we do to open it up?
Mayor Ferre: I wouli have t, be a non-profit company. If they were... but
ABC could create a non-profit company and bii i` ani make a Rowing Club out of
it and end up contr lling that property. There is no question about it.
Mr. Carollo: Now, Maurice, I think you see where I'm coming from. I'm being
very open. I'm not looking for votes in this. If I were I would be, you
know, backing them up a hundred per cent in this. Unfortunately, I'm looking
for the best interest of this city where I'm a taxpayer and last year along I
had to pay forty-five hundred dollars in taxes, real estate taxes, not
including all the other fees that we have to pay for the home that I live in.
Now, I...
Mayor Ferre: A lot of people would like to be in a position to be able to par
forty-five hundred dollars.
Mr. Carollo: Yes. Well, I tell you I wish there were a lot of other people
that could be in that position so that I wouldn't have to pay the forty-five
hundred, but the bottom line that I see is if the policy of this Commission is
going to be to give prime land like this away or not. If that's the case
gentlemen, you know, Madam City Attorney please let me know what I have to do
so that I would not be in conflict of any conflict of interest laws, so that I
could immediately begin to form different groups and call different people in,
you know , so that I could also start, you know, reaping what a majority of my
colleague might want to do in throwing millions of dollars away.
Ms. Dougherty: Vice -Mayor, obviously, you can't participate in selling land
to a corporation that you have an interest in, but to answer your question, I
think that what you are trying to get at is if there is a developer that is
going to give a better return to the City out there in the future and you want
to be able to take advantage of that possibility and in that instance we
probably ought to put in this RFP the right to terminate at will or even make
it...
Mayor Ferre: To terminate what?
Ms. Dougherty: Terminate at will or even make it a revocable permit.
Mayor Maurice: Lucia, I'm sorry you weren't hearing when I made comments to
Cesar a little while ago.
Ms. Dougherty: Oh, I did hear. I understood what you were saying.
Mayor Ferre: You did.
Ms. Dougherty: Yes.
Mayor Ferre: Well, then you know that all these contracts have that. At any
time at will with or without cause the City of Miami Commission can ask Miami
Rowing Club and this or any other group to get off the land.
Me. Dougherty: This RFP has termination only in the event there is a breech
of contract.
Mayor Ferre: That is wrong. That is not the intention of the City
Commission. How many times must we repeat it. I think Mr. Odio gave me an
acceptable answer to me and that is that it may not be in the RFP, but it ends
up being in the contract and that we have that in each and every contract that
we have signed.
Mr. Fernandez: And that would be acceptable to us.
Mayor Ferre: Now, you may not be the only bidder. There might be other
bidders.
Mr. Fernandez: That's right.
gl
61 July 25, 1985
Mr. Carollo: Let me tell you something,
will assure you you are not going to be th
Mr. Fernandez: That's fine.
e
Mr. Carollo: And I'm not holding any cards back:. : w:ll actively go out and
find people thvt are interested in biddinp ani the reason that I'm doing this
again, what you are presenting I think is bright, but it should not have to
depend on any type of government to provide you the funds that otherwise, you
would not and since we are doing that by giving you this property to do what
you want to do. I think that may be you should take more time look for loans
or may look at another piece of property that's not as valuable for the City
of Miami, but what 1 see is that the City of Miami has a gold mine that's been
buried there for hundreds of years and we haven't realized that and that could
present to the City of Miami, that whole area there if we develop it
appropriately, probably in excess of ten million dollars a year and I'm not
just talking about the Marina, I'm talking about cleaning the beaches there
and opening them up to the public. I'm talking about putting medium size
hotels, restaurants, nature trails, canoeing through the little lakes that we
have in there and a variety of other people oriented activities that would not
only bring revenue to the City, but at the same time would be open for anyone
in the world to come to.
SPEAKER UNKNOWN: That's great and that potential is yours, because as the
Mayor has pointed out if and when you decide to do that you can kick us out.
Mayor Ferre: Well, furthermore, I might point out Commissioner Carollo that
if you or anyone were to come forward with a proper development plan to turn
that whole major basin into a major marina ---now, I can't speak for anybody
but myself, but I certainly would have an open mind, because at this stage of
the game, that piece of property is not giving the people of Miami that much
of a return on investment even though I do think that those limited regattas
and boat races and canoe races and shell races add a quality of life dimension
which is a very positive thing for the health and growth. And as you may
remember what is the value of Miss Universe showing to eight hundred million
people the limited regatta and J. L. Plummer there surrounded by beautiful
girls, you know.
Mr. Plummer: Oh, come on, knock it off.
Mayor Ferre: Giving somebody a big trophy.
Mr. Plummer: You are just jealous because I had her for thirty seconds and
you didn't, that's all.
Mayor Ferre: You had a minute and ten second there giving out a trophy and
all this is wonderful. I mean, and the boats coming around and then a shot of
Downtown Miami behind the boats and the water and all that. So, what's the
value that? I don't know. I think it's a lot of money, but the point is that
there may be things that we can do with that property that is more valuable.
That's why I have always insisted as long as I have been on this Commission,
that in all our contracts, that we have immediate evacuation procedures. So,
that if at any time somebody comes up with a better idea as to how to utilize
that property we can tell the people that are using it that they have got go
get out.
Mr. Carollo: See, if that was just the case that wouldn't be bad Mr. Mayor,
but the problem that I would have is if they go ahead and put a quarter of a
million structure in there. A quarter of a million dollar structure on that
site, then we are going to have to pay for that.
Mayor Ferre: Well, the developer would have to pay for it. If somebody comes
and develops a hotel with nature trails and a thousand boat slips or whatever,
you are talking about...
Mr. Carollo: Mr. Mayor, indirectly we will pay for it, because that means
that the developer is going to give the City a lot less and you know that.
gl 62 July 25, 1985
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Mayor Ferre: Ok. There is no question that when you are talking about that
type of a thing you are talking about hundreds of millions of dollars and you
are right, may be it will cost us an additional quarter of a million dollars
if they bid it. If they are the successful bidders and if we accept the bid,
which this says we don't have to accept the bid.
Mr. Fernandez: And accept the buildings that we propose to put on the site.
Mayor Ferre: And if we accept what, they propose to put on it. Now,
frankly,...now, Cesar, you have been involved with the building that the Miami
Rowing Club... How much is that building worth? Roughly, how much have they
spent. I'm not talking about curtains and rugs and...
Mr. Odio: You are talking about the way they build it, about two hundred
thousand dollars.
Mayor Ferre: Ok. So, you are talking about a quarter of a million dollars
and that's something that we have to take into account and your point is
valid. What's the will of the Commission one way or the other?
Mr. Plummer: Mr. Mayor, I don't know how we will ever know in answer if we
don't go forth and ask for proposals. I'm not sitting here saying that I'm in
agreement with the location that is chosen and I don't think the City is
definite on that particular location. I think we are dedicated in the RFP to
thirty thousand square feet and that's what we are asking for proposals on. I
think that it's just one person's opinion. I'm not saying that any proposals
that comes in that I would be in accord with, but if we don't ask we will
never know and as far as I'm concerned I have no problem with asking. I
think the time to really take Commissioner Carollo's comments to heart are at
the time that the bids come back in. If we don't get any worth a tinker's
benhoot well, thank you, we appreciate it and good bye. Yet there might be a
proposal there as he said that could come in at a quarter of a million
dollars. We will never know if we don't ask and I have no problem Mr Mayor
with asking as long as it doesn't bind us. That's just one person's opinion.
Mayor Ferre: Commissioner Plummer moves, is there a second?
Mr Perez: Second.
Mr. Plummer: I didn't know that I moved it.
Mayor Ferre: I sorry. All right, take it back. There is no motion on the...
Mr. Plummer: You asked for an opinion.
Mayor Ferre: Is there a motion?
Mr. Plummer: Yes, air. I will move it if that's...
Mayor Ferre: That's what I thought. And you seconded? All right, now any
further discussion on it?
Ms. Dougherty: Mr. Mayor.
Mayor Ferre: Yes.
Ms. Dougherty: Might I suggest in accordance with your discussion a
modification of the termination clause. Presently it reads "Lessee agrees
that it will perform and abide by all the terms and covenants of this
agreement. In the event of a breech of any such term or covenant the lessor
may terminate the lease agreement upon thirty days notice of the lessee"
or ---and this is the language I would include--- or at any time for any cause
upon thirty days notice. In the event the City repays the lessor for the
actual replacement... for the actual cost of its improvements.
Mayor Ferre: That has been previously approved by the Commission.
Mr. Plummer: Let me... may I ask one further...
Mayor Ferre: That had been previously approved by the Commission.
gl 63 July 25, 1985
Mr. Plummer: May I ask one further question? Mr. Manager, the two existing
leases, that of Miami Rowing and the Barge. When are they... How long are
they for? Are they both concurrent on the same... Well, look, all I'm saying
is I would not want this bid or this proposal to run any longer than the other
the other two existing.
Mayor Ferre: I think that's correct.
Mr. Pereira: That's a good idea.
Mr. Plummer: All right, sir.
Mayor Ferre: And I think there is... furthermore Mr. Manager, that I don't
see any non-profit clause in there. Now, you said that this is a non-profit
corporation. I don't see it in here.
Mr. Pereira: It could be included.
Mayor Ferre: But where is it?
Mr. Plummer: No, has to be. I will not vote for it unless it's a non-profit.
Mayor Ferre: Yes, but I see the question is that... I mean, those are three
glaring mistakes so far. How many other mistakes are there that we... I mean,
I'm sorry that Mr. Al...
Mr. Pereira: He is not here... that was prepared.
Mayor Ferre: To defend themselves, but I need to tell you that there are
three issues that we just popped up here just by a casual reading that are not
any that should be in here. One, there is no mention of a non-profit
corporation, which is what the bidders must be limited to. Two, there is no
question of limitation on... and three, the time factor. Now, you know, I
don't know whether there are other issues that need to be included in this.
You want to take some more time and...
Mr. Pereira: Well, what I...
Mayor Ferre: Are would you bring us back the final RFP.
Mr. Pereira: We will bring you back the, you know, final one in September.
As Cesar was telling all those items are addressed in the agreement... the
contract that we signed, you know, with whoever the successful bidder might
be. It has been the practice, but certainly it can be included and I can
review the RFP again, that it's up to your...
Mayor Ferre: I just think that, Mr. Manager, we don't want to open up
ourselves for suits. Where somebody says in good faith I expended eighteen
thousand dollars to bid this and this thing isn't proper and now you are
telling me that I have got to be a non-profit corporation. There was no
mention of that in the RFP and this is a for profit corporation and you can't
deny me the right to bid it.
Mr. Pereira: No, problem. I think... you know, I would like to review it
myself again. This was done, you know, prior, you know and I...
Mayor Ferre: I think that would be a good idea.
Mr. Pereira: Ok. And bring it back in the first meeting of September.
Mayor Ferre: All right. So, then we are passing in principle I assume and
then you are bringing it back after you have had an opportunity to look at it.
Is that it? Is that it Mr. Plummer?
Mr. Plummer: If that's what the Manager says he wants. How can I argue with
him.
Mayor Ferre: All right, call the roll. It's only in principle. We are not
voting on anything now, you understand that.
gl 64 July 25, 1985
Mr. Plummer: Well, that's what I thought, but he said he wanted time to look
it over.
Mayor Ferre: We have amended the three things, as I understand Mr. Plummer
has accepte3 those amendments.
Mr. Plummer: Yes, sir.
Mayor Ferre: We are passing this in principle but the Manager is going to
bring back a finished document to us.
Mr. Plummer: Well, can I do it the other way Maurice?
Mayor Ferre: Do it anyway you want to.
Mr. Plummer: Let me try this on for size. Let's send it to the Manager. If
he has not other glaring changes let it go forth. Ok.
Mayor Ferre: I accept that. Anybody else have any problems with that? All
right then with that understood with those stipulations, call the roll.
Mr. Plummer: No, one other question.
Mayor Ferre: Go ahead.
Mr. Plummer: Mr. Manager, in your estimation assuming this RFP would go out
within the next two weeks, give me a time which you feel would be a deadline
for the RFPs to come back in. Sixty days?
Mr. Pereira: About sixty days.
Mr. Plummer: About sixty days. So, we are looking then if it goes out the
middle of August to the middle of October.
Mr. Pereira: Right.
Mr. Plummer% Ok.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-813
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSAL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
THE LEASE OF APPROXIMATELY 30,000 SQUARE FEET OF LAND,
SITUATED ON THE NORTHEASTERLY CORNER OF THE MARINE STADIUM
COMPLEX LAGOON AT VIRGINIA KEY FOR THE PURPOSE OF
PROVIDING AQUATIC SPORTS ACTIVITIES AND PROMOTING
INTERNATIONAL COMPETITION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: Vice -Mayor Joe Carollo
ABSENT: None.
gl 65 July 25, 1985
33. AUTHORIZE NEGOTIATED AGREEMENT: Joseph Middlebrooks & Assoc.
Professional Services - NORTH DISTRICT POLICE SUBSTATION.
Mayor Ferre: Take up Item 34- Mr. Joe Middlebrooks has to catch a 4 o'clock
plane.
Mr. Plummer: 34.
Mayor Ferre: Item 34 is a request by Mr. Middlebrooks that it be taken out of
turn because he has got a 4 o'clock plane to catch. Mr. Middlebrooks are you
still here? You are going to go catch a 4 o'clock plane, right? Come right
up sir. Go ahead, sir.
Mr. Joseph Middlebrooks: This is a resolution for the approval of the Liberty
City Substation.
Mr. Plummer: You are going to give professional services in what way?
Mr. Pereira: Going to design...
Mr. Plummer: On a design.
Mr. Middlebrooks: Architectural services.
Mr. Plummer: Mr. Middlebrooks, how much money have you been told they have to
spend for the total project?
Mr. Middlebrooks: I think it's up to five million dollars. If I'm correct.
Mr. Plummer: Do you understand what a total project is?
Mr. Middlebrooks: Yes, I do.
Mr. Plummer: That means from the time that the first brick is laid until the
furniture is installed, the air conditioning, everything to put that thing
into first class condition and we walk in the front door and it's operational,
there is a total of five million dollars. You understand that?
Mr. Middlebrooks: That's my understanding. Correct.
Mr. Plummer: Approximately what do you estimate the cost of the mortar,
bricks and the four walls will cost?
Mr. Middlebrooks: We had estimated it approximately four million dollars.
Mr. Plummer: So, that's then you are saying leaving one million that's...
Now, that property doesn't cost anything.
Mr. Middlebrooks: No. Correct.
Mr. Plummer: That's one dollar. And you are telling me that you are only
leaving a million dollars. Are you including the air conditioning?
Mr. Middlebrooks: Yes.
Mr. Plummer: Are you including the desk, the chairs...
Mr. Middlebrooks: There is an allowance for that. Yes.
Mr. Plummer: Radio equipment, the holding cells.
Mr. Middlebrooks: Yes.
Mr. Plummer: All of that is included in the four million dollars.
Mr. Middlebrooks: It's all included. There are allowances for each of those.
gl 66 July 25, 1985
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Mayor Ferre: Mr. Middlebrooks, let me ask you. I understand in the other
contract for Little Havana, that the architects involved have some... are
associated with people who have a lot of experience in designing police
headquarters and all that. Are you doing; this job on your own or do you have
an associate?
Mr. Middlebrooks: No, I'm associated with the firms that designed facility
over on Miami Beach.
Mayor Ferre: Who? With the firm that designed Miami Beach's Police Stations?
Mr. Middlebrooks: Correct.
Mayor Ferre: What firm is that?
Mr. Middlebrooks: Peter Blitstein.
Mayor Ferre: Peter who?
Mr. Middlebrooks: Blitstein.
Mayor Ferre: Blitstein. Is that a local outfit?
• Mr. Middlebrooks: Correct.
Mr. Dawkins: Is he a minority?
Mr. Middlebrooks: No.
Mr. Dawkins: Well, why..o you know, this is why I have a problem with you
Joe.
Mr. Middlebrooks: Well, let me say this. I have...
Mr. Dawkins: Well, tell me...
Mr. Middlebrooks: Let me answer your question. I'm also negotiating a
contract with Raque Albury. He is a minority.
Mr. Dawkins: Has he had any experience in jail houses?
Mr. Middlebrooks: He has. Yes.
Mr. Dawkins: Well, why you didn't go to him first?
Mr. Middlebrooks: I did. He submitted on his own. He decided that he did
not...
Mr. Dawkins: Well, why did the Mayor ask you and then now you don't come up
with his name until I asked you. You know, Joe...
Mr. Middlebrooks: Well, let me...
Mr. Dawkins; No, let me say this to the whole public. Ok. Everybody helps
their own but us. Ok. Wait let me finish and then I'm going to listen to
you. Ok. When White architects come in here they have no problem with
bringing other white architects in. When Latin architects come in here they
have no problem with bringing Latin architects in, but every time we come we
don't want nobody to think we prejudice. So, we don't bring nobody Black in
with us. Now, you can respond to that.
Mr. Middlebrooks: Ok. With reference to an associated architect. I asked
Mr. Albury if he wanted to associate prior to the submission. He said no, he
wanted to submit on his own. Which is what he did. He did not qualify.
After I was selected I again asked him if he would like to be associated with
the project having not made the selection he said, yes. Now, in addition to
this I'm also associated with Maurice Gray who is a Black engineer on the
project.
gl 67 July 25, 1985
Mr. Dawkins: Who? Well, why didn't you go find a Latin who had jail house
experience?
Mr. Middlebrooks: I did. I tried to do that too.
Mr. Dawkins: Where is he then?
Mr. Middlebrooks: He withdrew. He wanted to submit on his own too.
Mr. Dawkins: But after you got it you don't think he would have come in with
you?
Mr. Middlebrooks: Well, at that point I had... we had to have a team for
submission.
Mr. Dawkins: You know, I got... Joe...
Mr. Middlebrooks: I think you are missing the point is that...
Mr. Dawkins: No, no, no. I think you have got the point.
Mr. Middlebrooks: Ok. I have the point. At any rate...
Mr. Dawkins: You see, now, you did... Now this is the second time you have
done this to me.
Mr. Middlebrooks: No. I asked Raqu.. I asked Frazier who also decided that
he wanted to submit on his own. Both of them declined to associate. Now, in
the sense of another Black...
Mr. Dawkins: Mr. Mayor, I move that this be continued until Mr. Middlebrooks
can find some minorities to work with him on this jail house, as much as I
want the jail house done.
Mr. Middlebrooks: I'm telling you that I am working with Raqui Albury.
Mr. Dawkins: No, no, no. I want you to have some signed contracts with them.
I don't want you working with them.
Mr. Middlebrooks: Well, Commissioner, I'm telling you that I have already
committed to work with Raqui Albury as an associated architect...
Mr. Dawkins: Well, we have to find somebody else to give the contract to
then.
Mr. Middlebrooks: In addition to that I'm also informing you that I shall be
working as a part of the submission with Maurice Gray, who is an engineer,
Black engineer on the project.
Mr. Dawkins: Ok. What Latin do you have working with you?
Mr. Middlebrooks: I have Emilio Asvidal working with me.
Mr. Dawkins: Doing what?
Mr. Middlebrooks: And Emilio will be providing the electrical and the
mechanical services and in addition to that I have a Latin Lorina Urena who
will be providing the landscape architecture.
Mr. Carollo: Which Maurice are you working with now?
Mr. Middlebrooks: Gray. So, every firm that's associated with me is a Latin
firm with the exception of Peter Blitstein. Is Latin or Black I might add.
Everyone is Latin or Black except that one.
Mr. Carollo: How about the White minority of Miami? You are talking about
the majorities there now.
Mr. Middlebrooks: I'm sorry.
gl 68 July 25, 1985
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Mr. Carollo: You are talking about the majorities.
Mr. Middlebrooks: Yes, the minorities are the majorities on this one.
Mr. Carollo: Yes. See we got the majorities minorities mixed up here in
Miami. Hispanics and Black are a majority.
Mr. Middlebrooks: Well, every firm associated with me were for services on
this project is either Black or Latin except Peter Blitstein.
Mayor Ferre: All right, well, thank you very much. What's the will of this
Commission one way or the other so he can go catch his plane and know that he
has got a job or doesn't have a job?
Mr. Carollo: Commissioner Dawkins requested that the item be deferred and
I...
Mr. Middlebrooks: No, I assured Commissioner Dawkins that I am working with
Raqui Albury. I have already committed to that with him.
Mr. Dawkins: Joe, I'm going to with draw my attempt to defer this only
because I want you to understand one thing. I'm interested in the same thing
you are interested in. A quality product. Ok. So, I don't want you going
out there getting someone just to be getting someone. We want a quality
product and I think that's what you are doing. Ok.
Mr. Middlebrooks: Correct. You will get that.
Mr. Dawkins: I move it.
Mayor Ferre: All right, moved by Dawkins, seconded by Plummer, further
discussions? Call the roll please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-814
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND JOSEPH
MIDDLEBROOKS AND ASSOCIATES TO PROVIDE PROFESSIONAL
SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF THE
NORTH DISTRICT POLICE SUBSTATION PROJECT, USING
PREVIOUSLY ALLOCATED FUNDS TO COVER THE COST OF SUCH
SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
gl 69 July 25, 1985
34. DISCUSSION: Towing Services (note this matter was again discussed later
in this same meeting.
Mr. Dawkins: Mr. Mayor, I have one thing I would like to continue from this
morning.
Mayor Ferre: Yes, sir.
Mr. Dawkins: Mr. Manager, you said you would bring me a report back on the
towing and I have Mr. Bryan.s
Mr. Pereira: Got it right here. Let me distribute it.
Mayor Ferre: All right, Mr. Manager.
Mr. Pereira: Mr. Mayor, I believe it was one of the first Commission meetings
that I had the privilege to attend as a City Manager this issue came up and I
asked to be given the opportunity to set up a committee to review the
proposals that were submitted in response to your request for towing services
for the City of Miami. I asked Eddie Cox the Director of Building and Vehicle
Maintenance, John Copeland from the City Attorney's Office and Chief Perry
Anderson to review the proposals and to prepare a report with whatever
recommendations they so fit. I was interested in the process and how this was
going to be implemented. What you have in front of you is a report that has
been prepared by the group which basically sustain the original
recommendations of the towing firms that were recommended at the time and the
group reviewed one item very carefully and was the need to... the payment
process which was included in the RFP. I believe that at that time the
payment was going to be made through the Police Department and meaning that
the person who's car be towed away will have to go to the Police Department,
pay, will have to process the money so on and so forth and they are
recommending that we change that and that recommendation has the blessing of
the City Attorney's Office. So, that we can continue the same process that we
have now where people go to the yard or the towing company that has the
automobile and they make payment directly rather than to go through the
cumbersome process of having to come to the Police Station and then come back.
Mr. Plummer: Let me ask you a question. You are saying that this is the same
group of people that bid before?
Mr. Pereira: Yes, sir.
Mr. Plummer: Mr. Mayor, I move that all bids be thrown out. Mr. Manager, I
told you before and I'm going to tell you again. There is one firm and I
don't even remember the name of the firm. I brought it to your attention
prior. There is one firm on that list and I will go get the material if you
need it, that had a hundred twelve complaints in a short period of either six
or eight months. How in God's name can this City recommend a firm that has
had a hundred twelve complaints. That is absolutely ludicrous. Commissioner
Perez is the one who sat up here and tried to put into those things.
Commissioner Dawkins: We are trying to eliminate Atilla the Huns and yet you
are recommending to me a company with a hundred twelve complaints by your own
computer. Who in the hell made that decision?
Mr. Eddie Cox: Commissioner if I might...
Mr. Plummer: I don't believe that. I just don't believe it.
Mr. Cox: I think what you are looking at are two separate different items.
Mr. Plummer: I'm looking at a company that the Police Department computer
says had a hundred twelve complaints. Chief, you are in charge of your
computer? J. J. who is in charge of it? There is one of these companies that
has been in here who has a hundred twelve complaints and if I'm wrong please
correct me. I will got dig the material out.
gl 70 July 25, 1985
Mayor Ferre: J. L. could you kind of come to a...
Mr. Plummer: I can't believe it.
Mayor Ferre: Yes, but let's come to a head on this, because we have got
scheduled agenda items and people are getting.
Mr. Cox: Commissioner, if I might I think I could clarify one area here in
the review process. I think that you will find that most of those complaints
where initiated because cars are being towed from private property. This bid
and award has nothing to do with that. These are police initiated tows.
Mr. Plummer: Eddie every other bid had complaints.
Mayor Ferre: Commissioner I will accept your motion.
Mr. Plummer: They had eight to ten complaints.
Mayor Ferre: Your motion was to continue this so that we can get on with the
agenda?
Mr. Plummer: Mr. Mayor, as far as I'm concerned we can throw the whole damn
thing out, because if you are bidding me a barrel of apples with one bad apple
I know what's going to happen to the rest. Now, why not go on ... you see, let
me tell you where I think one of the problems is. Mr. Manager, you and I
talked about this before.
Mayor Ferre: Make your motion Plummer one way or the other.
Mr. Plummer: I think you have got too many policemen involved in this thing.
I think you need some private in...
Mayor Ferre: Is that a motion?
Mr. Plummer: Yes.
Mayor Ferre: All right, the motion is that there are too many policemen...
Mr. Plummer: No, no. Come on now.
Mayor Ferre: Well, what's your motion?
Mr. Plummer: My motion is that the City Manager be instructed to go back out
and to rebid this process and little bit closer scrutiny be given to the track
record of those who bid.
Mayor Ferre: Ok. You got any problem with that Mr. Manager?
Mr. Pereira: Chief let me ask you this. What... Is that going to put any
problems on the towing service?
Mayor Ferre: I'm just trying to move this along and I'm going to ask for a
second on this in a moment. The motion is to throw them all out and rebid.
Mr. Plummer: You know, Mr. Mayor, I don't know except a hundred...
Mayor Ferre: You have explained it very well.
Mr. Plummer: All right, well, he is talking to the Chief, but I want to put
it on the record. All right. One of the criteria that they put into this
thing is that you had to have I think three inch letters on the side of your
truck and I think that's legitimate, but one bid was thrown out because he had
four inch. You know, I want to tell you...
Mayor Ferre: Ok. Have you come to a conclusion yet?
Mr. Plummer. If my office is listening and you have got all that portfolio
bring it out to me please.
gl 71 July 25, 1985
Mayor Ferre: Now, let's just vote on this thing one way or the other and get
on with the agenda. This is a non-scheduled item.
Mr. Pereira: Let me discuss this because I think there might be some other
legal implications. Let me get back to you in a couple of minutes all right.
Mayor Ferre: All right. Ok. We will come back... thank you, Mr. Manager.
35• ACCEPT PLAT: "Bravo Subdivision".
Mayor Ferre: We are now on Item ##12 which is a resolution public meeting plat
acceptance of Joseph Bravo. Is there a motion for the Plat acceptance. The
Street Committee recommends.
Mr. Perez: Move.
Mayor Ferre: Moved by Perez, is there a second?
Mr. Dawkins: What are we on Mr. Mayor?
Mayor Ferre: Plat.
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins, further discussion? Call the roll.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 85-815
A RESOLUTION ACCEPTING THE PLAT ENTITLED BRAVO
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF
SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
------------------------------------------------------------------------------
36. ACCEPT PLAT: "Highland Park Hospital Subdivision"
Mayor Ferre: We are now on 13, a plat acceptance for the Highland Park
Hospital Subdivision. Is there a motion?
Mr. Perez: Hove.
Mayor Ferre: Moved by Perez, seconded by Carollo, further discussion? Call
the roll.
81 72 July 25, 1985
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 85-816
A RESOLUTION ACCEPTING THE P"-AT ENTITLED HIGHLAND PARK.
HOSPITAL SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAM.I;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF
SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
37. DISCUSSION: Proposal to rescind Charter Amendment #1.
Mayor Ferre: The next Item is 16. Charter amendment #1. You want to do that
now or you want to put that off or what? Where is Plummer. Ok. We are on
Item #16.
Mr. Plummer: Mr. Mayor, in the interest of time, may I ask the Police
Department since they have it and only have to push a button, would they
please bring back for the discussion this afternoon with the records their
computerized report on all of the complaints received on wrecker services.
Mr. Manager, I think they can get that very easily. I had a copy of it
before. Would you make sure that they have that so we can discuss it this
afternoon please.
Mayor Ferre: Ok. We are on 16 now.
Mr. Carollo: Mr. Mayor, on Item 16 I vote against the resolution to rescind
Charter Amendment #1. That's my motion.
Mayor Ferre: Ok. Your motion is to leave it on. Is that what you are
saying.
Mr. Plummer: No. No motion is needed.
Mayor Ferre: He don't need a motion.
Mr. Plummer: It's already on. Why would a motion be to leave it? To
reaffirm?
Mr. Carollo: I just you need a motion to rescind it. All right.
Mayor Ferre: You need a motion to rescind. If you don't... if there is no
motion it stays on.
Mr. Plummer: That's correct. No action is that it stays on.
Mayor Ferre: Ok. Anybody want to discuss 16? All right, hearing none. Any
other motions?
t gl 73 July 25, 1985
Mr. Plummer: No, sir.
Mayor Ferre: Yes, I guess you can.
Mr. Frederick Bryant: Frederick Bryant, 54 Northwest 45th Street. Mr. Mayor
and esteemed Commissioners, as an independent candidate for Mayor I uphold the
proposal to change Miami's current form of government from non -partisan to
partisan with only approximately...
Mayor Ferre: Mr. Bryant, excuse me, that's Item 17. I will recognize you for
that in a moment. Ok. What we are talking about now is Item 16. That's 17
and I will recognize you just...
Mr. Bryant: 16 and 17, I was speaking on both.
Mayor Ferre: Ok. go ahead then, I'm sorry.
Mr. Bryant: Ok. Mr. Mayor and esteemed Commissioners, as an independent
candidate for Mayor, I uphold the proposal to change Miami current form of
government from non -partisan to partisan with only approximately three months
to go before the elections. I uphold the proposal so much that I have filed
suit in Federal Court. I feel that with this sudden proposal independent
candidates would be at a disadvantage and consequently all candidates would
not be treated equally. And since all candidates would not be treated
equally, then there could possibly exist an act of discrimination on someone's
part. I have also filed suit against the State of Florida and the United
States of America, because discrimination, civil rights and voting rights are
not only local issues, but also national issues. Mr. Mayor and esteem
Commissioners. as a candidate and a, registered voter I am also currently
against the Strong Mayor concept for Miami. Miami is a multiethnic community
and as such does not need a dictatorial form of government. I beseech this
Commission to stop this proposal from going before the voters. If you can't
find it within your hearts to stop this proposal, then a judge and I will make
the decision for you and may liberty and justice truly exist for all in this
great land of ours. Thank you.
Mayor Ferre: Ok. Any other speakers on Item 16? If not I assume that we
move along to Item 17.
38. DISCUSSION: Proposal to rescind Charter Amendment #2.
Mayor Ferre: Any discussion on Item 17? Let the record reflect my opposition
and as I voted last time, if this were to come up I would be voting the same
way as I did last time.
39. DISCUSSION: Newsracks placed on public rights of way.
Mayor Ferre: We now move on to Item 18 on first reading. We are on Item 18,
regulating the placement of newsracks and public rights -of -way in the City of
Miami and imposing...Item 18. All right, we are on Item 18 is there any...
Mr. Walter Pierce: Yes. Mr. Mayor and members of the Commission, we have
been looking around the City traveling through the City and taking a look at
the public rights -of -way and the condition of the public rights -of -way and the
uses being made there in. We have come to the conclusion that the public
rights -of -way of this City has not been put to best use and that the rights -
of -way have actually been taken over by a number of different private
commercial uses. For instance, flowers, newspapers, sunglasses, fruits and
vegetables and any other kinds of goods are being peddled and vended in the
public rights -of -way. We have open solicitation of contributions for
different... a number of different reasons amidst moving vehicular traffic.
gl 74 July 25, 1985
Merchants have signs on sidewalks restricting the use of those sidewalks by
the public. Item 1S before you as an ordinance has been prepared in response
to a perceived problem existing throughout the City of Miami. That problem is
the indiscriminate placement of newspaper vending racks within the public
rights -of way on sidewalks inside parkways both grassed and paved. On two
days recently approximately thirty eight City employees were assigned to
perform a survey of all City streets in order to determine in an accurate
manner the number and locations of newracks throughout the City.
Mr. Plummer: Walter, this is Commissioner Carollo's item and he is not here.
I think it...
Mayor Ferre: He is talking to the press.
Mr. Plummer: I think it is only proper that this item should be held until he
comes back in the Chambers out of courtesy. Yes, but this is his item. I'm
sorry. I would say that we either take a five minute break or that we go to a
different item.
Mayor Ferre: No, please no five minute break.
Mr. Plummer: Ok. Let's go to another item Maurice.
Mayor Ferre: Five minute breaks take half hour around this place.
Mr. Plummer: I got no problem with that either.
Mayor Ferre: Fine, I don't... Yes, but that's why we end up a 12 o'clock.
Some people like this place, but I tell you I don't mind being Mayor, but I
don't like being around here with all •this Mickey Mouse stuff. All right, 19.
That's the same thing.
40. FUNDING REQUEST: Organizing Committee XVI Interamerican Accounting
Conference.
Mayor Ferre: All right, Mr. Sanson. Mr. Sanson, we have... your request is
after 4 P.M. and I didn't read that before, but as I understand it...Do you
have the recommendation of the administration on this? Mr. Manager.
Mr. Pereira: Yes, sir.
Mayor Ferre: Does the administration sponsor this?
Mr. Pereira: All right.
Mayor Ferre: All right, how much is the amount involved?
Mr. Sanson: Forty-five thousand dollars.
Mayor Ferre: And you recommend it Mr. Manager?
Mr. Pereira: Yes, we have reviewed it and we recommend it sir.
Mayor Ferre: Ok. Is there a motion on Item 21?
Mr. Perez: Move.
Mayor Ferre: Moved by Commissioner Perez. I will second the motion. Mr.
Dawkins is right here on the edge. Will you second the motion for Mr. Sanson?
Mr. Dawkins: On what?
Mayor Ferre: On Item 21, air, recommended by the Manager. It's been moved
and seconded, call the roll please.
t
gl 75 July 25, 1985
M
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A
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The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 85-S17
A RE."DLUTI�N AUTHORIZING THE CITY MANAGER TO ALLOCATE AN
AMOUNT NOT TO EXCEED $45,0�� FF,,u THE SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND :N SUPPORT OF THE CUBAN
ASSOCIATION OF ACCOUNTANTS IN EXILE PROGRAM TO CONDUCT THE
XVI INTERAMF.RICAN ACCOUNTING CONFERENCE IN MIAMI ON AUGUST
19-23, 1985; SAID ALLOCATION BEING CONDITIONED UPON
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO.
APM-1-84 DATED JANUARY 24, 1984; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH SAID ORGANIZATION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
41. SECOND READING ORDINANCE: Rates On -Street Parking meters & certain Off -
Street Lots.
Mayor Ferre: 30. 30 is on second reading. Is there any problem with 30?
Does anybody wish to talk on Item 30? All right, is there a motion on Item
30?
Mr. Perez: Move.
Mayor Ferre: Moved by Perez, is there a second to Item 30 on second reading?
Mr. Dawkins: Second.
Mayor Ferre: This establishes rates on street parking meters. Further
discussion, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 35-91, 35-92, AND 35-93
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY ESTABLISHING RATES AT CERTAIN ON -STREET PARKING
METERS AND CERTAIN OFF-STREET LOTS; ESTABLISHING RATES
AT MUNICIPAL PARKING GARAGES; FURTHER PROVIDING AN
EFFECTIVE DATE OF OCTOBER 1, 1985 FOR THE HEREIN RATE
INCREASES; RATIFYING AND CONFIRMING ALL ACTS OF THE
OFF-STREET PARKING AND ITS DIRECTOR AS TO RATES
HERETOFORE CHARGED; FURTHER AUTHORIZING THE OFF-STREET
PARKING BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES
AND TO INITIATE RATES FOR NEW FACILITIES DURING THE
FISCAL YEAR; 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 Perez, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote-
gl 76 July 25, 1985
A
A
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10027
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.
42. DISCUSSION & TEMPORARY DEFERRAL: Increase Fees for City Day Care
Facilities.
------------------------------------------------------------------------------
Mayor Ferre: Take up 31 on first reading, City Day Care Facilities for
thirty-one dollars and thirty-five. Ok. You move it?
Mr. Dawkins: Yes.
Mayor Ferre: Ok. Dawkins moves, Perez...
Mr. Perez: Does that have the Manager's recommendation. No, I would like to
continue this issue Mr. Mayor.
Mr. Dawkins: Withdraw my motion and second Demetrios.
Mayor Ferre: Ok. Item 31, Perez moves...
Mr. Perez: I would like to meet with the administration before the next
Commission meeting to have more information about it. It's nothing important
Mr. Manager. Don't make any difference?
Mayor Ferre: We are now on Item 31. There is a motion by Perez that it be
continued. Dawkins seconds, further discussion, call the roll.
THEREUPON THE FOREGOING MOTION TO continue Item 31, was introduced by
Commissioner Perez, seconded by Commissioner Dawkins and passed by the
following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
------------------------------------------------------------------------------
43• CLAIM SETTLEMENT: ESTATE OF CLARENCE BRUCE.
Mayor Ferre: All right, we are now on Item 32. Director of Finance to Pay
Carolyn Holland as a personal representative of the Estate of Clarence Bruce
the sum of five hundred twenty-five thousand dollars.
Ms. Dougherty: Mr. Mayor, this was a case that was tried several years ago
and the judgment was for five hundred thousand dollars. We appealed the
judgment and it's still is pending before the Appellant Courts. Since we
gl 77 July 25, 1985
a. rr u.143G°
A A
N
appealed it however, a case has come down that would adversely affect our case
in the Appellant Courts. The Plaintiffs has agreed to settle the perd with
interest and attorneys fees, etc. The account owed to them is six hundred
eighty thousand and they have agreed to settle for five twenty-five and we
recommend it.
Mayor Ferre: Ok. Are we ready on that?
Mr. Dawkins: Move it.
Mayor Ferre: All right, Dawkins moves 32, Perez seconds, further discussion
call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-918
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO CAROLYN HOLLAND, AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF CLARENCE BRUCE, THE SUM OF FIVE HUNDRED
TWENTY FIVE THOUSAND DOLLARS ($525,000.00) WITHOUT THE
ADMISSION OF LIABILITY IN FULL, COMPLETE SETTLEMENT OF
ALL PROPERTY DAMAGE CLAIMS, CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI AND ROBERT L. MILLER UPON EXECUTION
OF A RELEASE RELEASING THE CITY AND ROBERT L. MILLER
FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
------------------------------------------------------------------------------
44. AUTHORIZE EXECUTION OF NEGOTIATED AGREEMENT: Rodriguez Khuly Quiroga
Architects - Professional Services - Design South District Police
Substation Project.
------------------------------------------------------------------------------
Mayor Ferre: We are on 33• This is...
Mr. Perez: Move.
Mayor Ferre: All right, moved by Perez, is there a second? Is there a second
on Item 33?
Mr. Pereira: That relates to discussion of the mini station.
Mayor Ferre: I hear somebody talking and I can't see it. Oh, I'm sorry.
Mr. Pereira: Yes. Mr. Mayor, this relates to the mini stations issue.
Mayor Ferre: We are on Item 33, is there a second to Commissioner Perez's
motion?
Mr. Dawkins: What was the motion on 33?
gl 78 July 25, 1985
N
Mayor Ferre: The motion is in support of the administration's recommendation
that Rodriguez Khuly Quiroga Architects...
Mr. Dawkins: Second.
Mayor Ferre: Seconded, further discussion, call the roll. 33, sir. We are
moving right along. Now, you must catch up in between...
Mr. Plummer: I'm sorry, sir. I was trying to get some information.
Mayor Ferre: All right, we are on Item 33, call the roll.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 85-819
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND
RODRIGUEZ, KHULY, QUIROGA, ARCHITECTS, TO PROVIDE
PROFESSIONAL SERVICES RELATED TO THE DESIGN AND
CONSTRUCTION OF THE SOUTH DISTRICT POLICE SUBSTATION
PROJECT, USING PREVIOUSLY ALLOCATED FUNDS TO COVER THE
COST OF SUCH SERVICES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
45. U.D.P. (Unified Development Project) Development of MIAMI MARINE STADIUM
& BAYFRONT PARK AMPITHEATER.
Mayor Ferre: All right, we are now on 36 which is the Miami Marine Stadium
and Bayfront Ampitheater a U.D.P. We are now on 36. Is there a problem with
that? This authorizes an RFP and then at that point we will look at it in
September. Anybody want to speak on 36? You want to delay it? You want to
move it?
Mr. Dawkins: This is just for the... The RFP comes back to us and then we...
before we put it out.
Mayor Ferre: Yes.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins.
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion? Call the roll on 36.
gl ?9 July 25, 1985
9
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-920
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS
METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CITY OWNED
WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT PROJECT
(UDP), AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT
REQUEST FOR PROPOSALS (RFP) FOR A UDP, AND CONFIRMING
THE SETTING OF A PUBLIC HEARING FOR JULY 25, 1985 AT
3230 P.M., TO TAKE TESTIMONY REGARDING A RFP FOR A UDP
FOR THE DEVELOPMENT OF CULTURAL, RECREATIONAL,
ENTERTAINMENT AND MARINE -ORIENTED RETAIL USES
INCLUDING FOOD AND BEVERAGE SALES AT MIAMI MARINE
STADIUM LOCATED AT 3601 RICKENBACKER CAUSEWAY; AND TO
AUTHORIZE THE ISSUANCE OF A RFP, SELECT A CERTIFIED
PUBLIC ACCOUNTING FIRM AND APPOINT MEMBERS OF A REVIEW
COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO
THE CITY MANAGER AS REQUIRED BY THE CITY CHARTER AND
CODE.
(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.
46. AMENDING RESOLUTION: ALLOCATE NTE $15,000 Florida Housing Cooperative
Housing Forum with conditions of matching funding.
Mayor Ferre: 37.
Mr. Dawkins: 37 was just continued wasn't it? This morning.
Mayor Ferre: Florida Housing Cooperative. Didn't we give them their money?
Isn't that Carlos Rodriguez? What's his name?
Mr. Perez: Yes, that's only an amending.
Mr. Pereira: No, we just... this is just amending the resolution to reflect
the change of the date of the event that they were holding, air. They had a
different date...
Mayor Ferre: Ok. Anybody object to this? Anybody want to speak on it? All
right, is there a motion on thirty-seven?
Mr. Perez: Move.
Mayor Ferre: Moved by Perez, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins, further discussion? Call the roll.
gl so July 25, 1965
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 85-821
A RESOLUTION AMEN IN;,' RESOLUTION NO. 85-51 WHICH
ALLOCATED AN AMOUNT NOT ;0 EXCEED $15,000 FROM THE
SPECIAL PROGRAMS AND, ACCOUNTS, CONTINGENT FUND, TO THE
FLORIDA HOUSING COOPERATIVE, INC. IN SUPPORT OF THE
"FLORIDA COOPERATIVE HOUSING FORUM" TO BE HELD JULY
11-12, 1985 IN THE CITY OF MIAMI; SAID ALLOCATION
BEING CONDITIONED UPON SAID ORGANIZATION OBTAINING
MATCHING FUNDS FROM METROPOLITAN DADE COUNTY AND FIRM
WRITTEN COMMITMENTS FROM NATIONALLY RENOWNED
INDIVIDUALS IN THE FIELD OF COOPERATIVE HOUSING AS
PANELISTS AND BEING SUBSTANTIALLY IN COMPLIANCE WITH
THE CITY'S POLICY NO. APM-1-84, DATED JANUARY 24,
1984, BY AMENDING THE SECOND WHEREAS CLAUSE AND
SECTION 1 OF SAID RESOLUTION, THEREBY CHANGING THE
DATE OF THE EVENT FROM JULY 11-12, 1985 TO OCTOBER 17-
18, 1985.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
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. REAFFIRM NEED FOR PUBLIC HOUSING IN THE CITY OF MIAMI affordable to
families & individuals of low and moderate incomes.
Mayor Ferre: Take up 38, reaffirming the existence of the need for ... What is
this? Is that a motherhood thing?
Mr. Dawkins: Uh huh.
Mr. Plummer: Is this a Herb Bailey?
Mr. Pereira: Yes, he is...
Mayor Ferre: What are these, the five properties that we are buying or what?
What is this? Mr. Bailey. Anybody here wish to speak on Item 38? Well, I
guess not, so we will move along.
Mr. Plummer: Wait a minute, here comes Bailey.
Mr. Pereira: Here comes Herb, we will get an explanation on the...
Mayor Ferre: Yes, sir, Mr. Bailey.
Mr. Pereira: Item 38, Highland Park.
Mr. Bailey: The Highland Park?
Mr. Pereira:
in the City.
gl
Reaffirming the existing need for development of rental housing
81 July 25, 1985
W
i
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 85-821
A RESOLUTION AMENDING RESOLUTION NO. 85-51 WHICH
ALLOCATED AN AMOUNT NOT TO EXCEED $15,000 FROM THE
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO THE
FLORIDA HOUSING COOPERATIVE, INC. IN SUPPORT OF THE
"FLORIDA COOPERATIVE HOUSING FORUM" TO BE HELD JULY
11-12, 1985 IN THE CITY OF MIAMI; SAID ALLOCATION
BEING CONDITIONED UPON SAID ORGANIZATION OBTAINING
MATCHING FUNDS FROM METROPOLITAN DADE COUNTY AND FIRM
WRITTEN COMMITMENTS FROM NATIONALLY RENOWNED
INDIVIDUALS IN THE FIELD OF COOPERATIVE HOUSING AS
PANELISTS AND BEING SUBSTANTIALLY IN COMPLIANCE WITH
THE CITY'S POLICY NO. APM-1-84, DATED JANUARY 24,
1984, BY AMENDING THE SECOND WHEREAS CLAUSE AND
SECTION 1 OF SAID RESOLUTION, THEREBY CHANGING THE
DATE OF THE EVENT FROM JULY 11-12, 1985 TO OCTOBER 17-
18, 1985.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
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. REAFFIRM NEED FOR PUBLIC HOUSING IN THE CITY OF MIAMI affordable to
families & individuals of low and moderate incomes.
Mayor Ferre: Take up 38, reaffirming the existence of the need for...What is
this? Is that a motherhood thing?
Mr. Dawkins: Uh huh.
Mr. Plummer: Is this a Herb Bailey?
Mr. Pereira: Yes, he is...
Mayor Ferre: What are these, the five properties that we are buying or what?
What is this? Mr. Bailey. Anybody here wish to speak on Item 38? Well, I
guess not, so we will move along.
Mr. Plummer: Wait a minute, here comes Bailey.
Mr. Pereira: Here comes Herb, we will get an explanation on the...
Mayor-Ferre: Yes, sir, Mr. Bailey.
Mr. Pereira: Item 38, Highland Park.
Mr. Bailey: The Highland Park?
Mr. Pereira:
in the City.
Reaffirming the existing need for development of rental housing
gl
81 July 25, 1985
Mr. Bailey: That's Frank.
Mayor Ferre: Is there anybody prepared to explain Item 38 to the Commission?
Mr. Frank Castaneda: Yes. =tiasica.!yp this is for the Highland Park side. The
County Commission has requested us... I'm sorry, the County Attorney's Office
has requested us to re -assert the desire for affirmative housing in order to
strengthen their legal case for the acquisition of the Highland Park site.
Mayor Ferre: Is there a motion?
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins, 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. 85-822
A RESOLUTION OF THE CITY COMMISSION REAFFIRMING THE
EXISTENCE OF THE NEED FOR THE DEVELOPMENT OF RENTAL
HOUSING IN THE CITY OF MIAMI AFFORDABLE TO FAMILIES
AND INDIVIDUALS OF LOW AND MODERATE INCOME, INCLUDING
THE ELDERLY, REAFFIRMING THE PREVIOUS DESIGNATION FOR
ACQUISITION OF A 3.7 ACRE SITE LOCATED IN THE OVERTOWN
COMMUNITY DEVELOPMENT TARGET AREA FOR THE DEVELOPMENT
OF SUCH HOUSING, AND REQUESTING THAT METROPOLITAN DADE
COUNTY PROCEED WITH THE ACQUISITION OF THE PRIVATELY
OWNED PORTION OF THE SITE THROUGH EMINENT DOMAIN.
(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.
48. AUTHORIZE AGREEMENT: Miami Savings Bank (MSB) 5-million dollars
Certificate of Deposit in Overtown Shopping Center.
Mayor Ferre: Take up Item 39• This is the City of Miami with Miami Savings
Bank. This is the resolution recommending the City proceed with entering...
Mr. Manager, there was a newspaper ad by one of my opponents accusing you of
holding this matter up for political reasons.
Mr. Pereira: Mr. Mayor, I was...
Mayor Ferre: There was an ad in the newspaper. Yes, air. There was an ad in
a Black newspaper accusing the administration of playing politics and there
was a statement made by a Mr. Paul Cejas who is the President of Miami Savings
and an associate of Mr. Raul Masvidal and it was a paid advertising by Mr.
gl 82 July 25, 1985
Raul Masvidal saying that we were holding this thing up because the Manager
was playing politics with it as I understand.
Mr. Carollo: 39?
Mayor Ferre: Yes, sir.
Mr. Carollo: Mr. Mayor, I cannot believe that, they can make such a wild
allegation of accusing Mr. Pereira of holding that up.
Mr. Pereira: Mr. Mayor, let me deal with the facts. I have been involved
with this item when I was an Assistant County Manager as well as now as a City
Manager. When I was in the County I was approached by the City who had in
fact put out an RFP and through the formal selection process selected the, you
know, Miami Savings Bank as the...selected them to have a bank in the Overtown
shopping center. Part of the agreement or part of the requirement for Miami
Savings to open a branch was to have in addition to the five million dollar
deposit that the City made a commitment to in the RFP, was to have on a demand
account basis an additional three million dollars from Metropolitan Dade
County. Knowing the kind of interest that we all have in the Overtown
shopping center I made a recommendation at the time to the Manager and
subsequently to the County Commission that we in fact make, you know, have a
demand account for the amount of three million dollars. My understanding was
that Miami Savings in order to get the approval of the controller of the
currency for a branch needed to have this money. There have been lengthy
discussions with Mr. Brinker who the Clerk of the Court and who is by Charter
responsible fiduciary responsibility for the County Finance Department as to
where the sources are going to come from so on and so forth. We have not...
and then I came over to the City. We have been holding the item waiting for a
recommendation from the County. I understand that the County is ready to act
on this and I... the reason we held it up was because we were under the
impression that unless they have both accounts they would not be able to open
the branch. What we are doing is we are putting the Item on the agenda.
Obviously, we are not going to be depositing any money until the branch is
open and now, you know, it's up to the County to meet their agreement to
deposit the three million dollars in a demand account, but I can assure you
that there have been absolutely in no way or fashion any ---not only from my
office, but anyone involved in this item to deliberately held this item to be
put on the Commission agenda for discussion and your consideration.
Mayor Ferre: Well, let me say that if this is the kind of a clean campaign my
opponent is planning to run, then I'm afraid we are in for a very unpleasant
campaign.
Mr. Carollo: You know, it might come to a shock to you Maurice, but some of
those so-called pillars of the community, you know, might surprise you before
the whole campaign is over.
Mayor Ferre: Well, it would be a shock to me frankly.
Mr. Carollo: Yes, well, shot or shock.
Mayor Ferre: No, not shot.
Mr. Carollo: The...
Mayor Ferre: All right.
Mr. Carollo: Well, I would like to make a statement Maurice.
Mayor Ferre: Go ahead.
Mr. Carollo: We have committed ourselves to five years of placing five
million dollars in that institution correct?
Mayor Ferre: That's correct.
Mr. Carollo: Ok. Now, what kind of interest rates are we going to be getting
for that?
gl 83 July 25, 1985
K
Mr. Pereira: Let's ask Charlotte to answer the technical questions.
Ms. Charlotte Gallogly: It would have to be competitive with the highest rate
the City would receive from any other banking institution were it to be
investing its funds in another institution.
Mr. Carollo: Competitive with the highest rates that we are receiving at that
time. Ok. Now, before we deposit fi•:e million dollars into the Sunshine
State... I'm sorry. The Miami Savings Bank I would want to be sure of several
things. One, that before we put a penny in there it has opened up already.
In other words, I'm not about to vote to place five million dollars into that
institution and they are not going to open up until ninety days from now or
until that after November sometime and may be then they will say, well, gee we
really can't afford to open. I'm sure it wouldn't have nothing to do with the
campaign, but that's one of the conditions that was placed. The other
conditions there is no way in the world that I'm voting for a five year CD.
This is the lowest price right now in CDs that you can find in the market any
where probably in the last six seven years, which means that we know for a
fact that within those five years, in fact, probably in the next six months
they are going to go up and we are going to be losing money. So the only
thing I would be in favor of is either we renew the CDs on a monthly basis and
they have to pay the highest price that we have just like we do with all the
other CDs and we rotate them every thirty days or if you want every ninety
days. But to lock in now at todays rates for five years is crazy. Don't you
agree Maurice?
Mayor Ferre: Well, you and I are in a different situation. I think what you
are saying is right, but I don't want to be in a position where I get accused
of being involved in this because it happens to be Masvidal's bank. If
Masvidal wants to open up a branch in Overtown which is an unbelievable ---as
far as I'm concerned ---move on their part since nobody else has agreed to do
that and they want to take the chances which evidently nobody else wants to
take, then certainly I'm going to be voting for and if it's being recommended
by the administration I'm going to be voting along with the Manager's
recommendation. And I have got no...
Mr. Carollo: I really don't think he is going to accuse you of that. I think
he is going to accuse you about a lot of other things, but not about that.
But...
Mayor Ferre: He has already accused me by implication. Actually, he accused
the Manager is who he is accusing.
Mr. Carollo: But all that I'm saying Maurice, look, hey,... (BACKGROUND
COMMENT OFF THE PUBLIC RECORD). All that I'm saying is we are going to give
them the five million dollars. We are not backing out from that, but he will
get the five million dollars once he is open and you know, they have the
office operating there. I don't think that's asking too much and secondly,
that we don't lock in now on today's rates for five years.
Mayor Ferre: No, we are not locking in for five year rates.
Mr. Carollo: That's what I understood.
Mr. Pereira: No, no, we change them on a yearly basis.
Mr. Carollo: Excuse me.
Mayor Ferre: We change the rates all the time.
Mr. Pereira: It's a going rate. As the rates changes, you know, we will
change the rates with them. It's not a fixed rate for five years.
Mr. Carollo: Ok. Then in other words you will have a thirty days fixed rate.
Ms. Gallogly: No. It is anticipated that the rate would be negotiated on a
yearly basis as the CD is renewed and the renewal of the CD is depended upon
the continued operation of that bank in the Overtown shopping center.
Mr. Carollo: On a yearly basis.
gl 84 July 25, 1985
Ms. Gallogly: Yes.
Mayor Ferre: Well, I will tell you what I... the only amendment that I would
like to make to this, all right, is that we also include for you to negotiate
People's Bank. Now, we are trying to help Sonny Wright, right, and I see him
standing in the back of the room. And that's a Black owned bank. If a Black
owned bank is willing t--, do that, then 1 think that they ought to always have
a preference on it.
Mr. Carollo: Absolutely.
Ms. Gallogly: May I respond to that? On both occasions as you know, we have
let two RFPs. The first one we had a respondent that did not meet our
requirements. On both occasions we have talked to Mr. Wright about that and
about opening a branch there and it was not economical for him to do so at
that time. So, therefore, under the RFP arrangement where we took bids in
this is the only bid that qualified at that time.
Mr. Carollo: Well, you know, those are procedures that is up to the
Administration. We only implement the law after, you know, it's passed
through you. I just want to make sure that we weren't going to be locked in
for the rates of today. Not just with this institution with any for five
years.
Mayor Ferre: Let me again, for the record state that in my opinion this
matter has not been politically held back by the administration or anybody
else. This administration or the previous administration and that this thing
has moved along in its due course. I think the Manager has given a proper and
complete explanation.
Mr. Carollo: Mr. Manager, I might as well initiate you in something here.
For the record, again, has any member of this Commission tried to apply any
pressures, suggestions to you, any insinuation that they wanted you to hold
this back.
Mr. Pereira: No, sir.
Mr. Carollo: Fine.
Mayor Ferre: All right, now as I understand it the qualifications are that
the branch be open before we make the deposit.
Mr. Carollo: That's correct Mr. Mayor.
Mayor Ferre: Which is a reasonable request. Secondly, that...
Mr. Carollo: Be on a yearly basis.
Mayor Ferre: Secondly, that it be...that the rate be determined on a periodic
basis no more than a year and thirdly,...
Mr. Plummer: Wait a minute. The rate or the time?
Mayor Ferre: Yes, the interest rate.
Mr. Carollo: The interest rate.
Mayor Ferre: It's a five year deposit. Five million dollars...
Mr. Plummer: No, no, my understanding it was better the way they had it
proposed, that it would be concurrent with the highest rate in town at the
time.
Ms. Gallogly: At the time we are renewing it, yes.
Mr. Plummer: Oh, at renewal only?
Ms. Gallogly: Yes.
gl 85 July 25, 1985
Mr. Plummer: Well, wait a minute, if you are doing five million dollars I
don't think there is anything wrong with applying a daily rate.
Mr. Carollo: Well, I was being more reasonable an,i saying thirty days.
Mr. Plummer: Oh, no, you don't be reasonable with banks with five million
dollars. Anything above a hundred thousand is negotiable.
Mr. Carollo: J. L., I would take you up on that, at a daily rate, but the -
problem is that I don't think we do it with other banks do we. We are doing
it at a thirty day rate.
Mayor Ferre: I don't think it can be done on a daily basis. I think it can
be done on a thirty day basis.
Mr. Carollo: Yes, thirty days.
Mr. Pereira: thirty days, probably, you could do it, but I don't think you an
do it on a daily basis.
Mr. Carollo: Ok. Thirty days you want to include J. L.?
Mr. Plummer: Fine.
Mr. Carollo: J. L., includes thirty days.
Mayor Ferre: Ok. Thirty day basis. What else? What other conditions?
Mr. Carollo: That's the only two that I see Mr. Mayor.
Mayor Ferre: Is there a motion now with all those conditions? Is there a
motion on Item 39?
Mr. Plummer: Move it.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion., call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-823
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH MIAMI SAVINGS BANK (MSB) WHEREBY A FIVE
MILLION DOLLAR CERTIFICATE OF DEPOSIT IS TO BE
INVESTED ON AN ANNUAL BASIS FOR FIVE YEARS AS AN
INCENTIVE FOR MSB TO ESTABLISH A BRANCH BANK IN THE
OVERTOWN SHOPPING CENTER TO BE DEPOSITED AFTER THE
BANK HAS OPENED AND WHEREBY THE ANNUAL REINVESTMENT OF
SAID FUNDS SHALL BE CONDITIONED UPON THE CONTINUE➢
OPERATION OF THE MSB BRANCH BANK IN THE OVERTOWN
SHOPPING CENTER IN FULL COMPLIANCE WITH ALL APPLICABLE
BANKING LAWS; FURTHER REQUIRING THAT INTEREST ON THE
DEPOSIT SHALL BE REVIEWED ON A 30-DAY BASIS.
(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
86 July 25, 1985
r
4
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurine A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: I vote "yes", but I want it understood to the maker of the
motion Mr. Plummer and to the seconder of the motion, all the stipulations
included that if the only Black owned bank in Miami, Peoples Bank wants those
deposits that they at this time ---they can't do it forever, but before we make
a final commitment they always have first call. Is that understood?
Mr. Plummer: That Peoples Bank has a first commitment to the funds?
Mayor Ferre: I'm saying a right of refusal until they make their decision
that they don't want those deposit monies. I don't want somebody coming back
and saying you didn't give any consideration to the only Black owned bank and
if Sonny Wright wants to turn it down, then fine he can turn it down. I got
no problem with that.
Mr. Plummer: Well, Mr. Mayor, Sonny Wright is a good friend and I have done a
lot to help him in his bank, but his bank is not located in the City of Miami.
Mayor Ferre: We are talking about a branch, sir, that would be open in
Overtown and obviously...
Mr. Plummer: By Sonny Wright?
Mayor Ferre: Of course.
Mr. Plummer: Ok.
Mayor Ferre: Of course, the purpose of this is to open up a banking facility
in Overtown. If Mr. Sonny Wright wants to open up a banking facility that is
the only Black owned bank in Miami and we are talking about helping Black
ownership in banks and all I'm saying is that that's the condition. Now, it
has to be a reasonable period of time. I mean, obviously, if we are going to
move ahead with Miami Savings I think in the next thirty days or what have you
they have got to give you a definitive answer. Is that acceptable to
everybody?
Mr. Carollo: Absolutely.
Mr. Plummer: fine.
Mayor Ferre: Ok. I'm sorry. I didn't mean to interrupt the call.
Ms. Hirai: I called the roll, Mr. Mayor.
Mayor Ferre: What?
Ms. Hirai: The roll call has been taken.
Mayor Ferre: Oh, I'm sorry. Ok. I vote "yes".
49. AUTHORIZE AMENDMENT TO AGREEMENT: Greater Miami United, Inc. (GMU) -
Extend time of termination.
Mayor Ferre: All right, we are now on 40, GMU. Mr. Manager, we are on 40.
Mr. Pereira: Yes. This amends the change in original contract termination
date. It is a two year contract and not a year contract, sir. When it was
passed...
gl 87 July 25, 1985
PV I
Mayor Ferre: That was an agreement we made. I think Howard Gary made that
agreement didn't he?
Mr. Pereira: Yes, it was as a two year program. It's not a year program and
unfortunately was put as a one year program and it's just the change of the
extension of the performance time.
Mr. Plummer: Have you analyzed the performance?
Mr. Pereira: Charlotte.
Mr. Plummer: Because I can tell you I remember that was the reason it was put
in there so that it didn't have two years. They had to...
Mayor Ferre: J. L. the commitment was made by us that we and Metro would go
for two years.
Mr. Plummer: But Mr. Mayor, we put a one year clause in there so we could
measure their performance?Have we measured their performance?
Ms. Gallogly: Yes, we have.
Mr. Plummer: And what results do you have?
Ms. Gallogly: Well, we provided a report about three months ago on the
operation of the Local Initiative Support Corporation here in Miami. That
report indicate our monies have not been used yet as part of the dollars that
were made available through contributions from Metro. They contributed about
two hundred sixty-seven thousand. We have contributed a hundred thousand
which was to be used for loans. They have not needed to use that money yet.
so, therefore, that is why we are continuing this contract for one more year.
Mr. Plummer: But it doesn't give them any additional money?
Ms. Gallogly: No, it does not. It's just extending the period of time to use
the dollars.
Mr. Plummer: But what has been their performance?
Mayor Ferre: They have done nothing.
Mr. Plummer: No, they have used all of the Metro money.
Mayor Ferre: No, she said that they haven't used our money yet.
Ms. Gallogly: They have not used our money and it would be used for grants...
Mr. Plummer: But as an organization what is their performance?
Ms. Gallogly: Yes. Their performance is as follows. They have been working
with one major project, the Haitian Task Force to develop within the Haitian
business community the Iron Market facility and the design and improvement of
the commercial businessesin that area.
Mr. Plummer: Well, Charlotte let's clear... Has it been a good or bad
performance?
Ms. Gallogly: It's been a good performance. Yes.
Mr. Plummer: Fine, that's what we put the one year stipulation in there for.
Has anybody moved it?
Mayor Ferre: Who moves Item 40?
Mr. Plummer: I will move it.
Mayor Ferre: Plummer move3, is there a second?
Mr. Perez: Second.
gl 88 July 25, 1985
ki
f
Mayor Ferre: Perez seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-824
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE AGREEMENT WITH GREATER MIAMI UNITED, INC. (GMU),
TIN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EXTEND
THE TIME OF PERFORMANCE FROM JUNE 30, 1985 TO JUNE 30,
1985.
(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.
------------------------------------------------------------------------------
50. AUTHORIZE AMENDMENT TO AGREEMENT: Allapattah Merchants Association
Extend time of termination.
Mayor Ferre: We now have the Allapattah Merchants Association, Item 41. Any
discussion on that?
Mr. Plummer: No, I wanted to read it. I have had the opportunity. I know
have no problem.
Mayor Ferre: Are you moving?
Mr. Plummer: Yes, fine.
Mayor Ferre: Plummer moves, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez on Item 41, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-825
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE CONTRACT DATED MARCH 15, 1985 WITH
ALLAPATTAH MERCHANTS ASSOCIATION, INC. FOR THE
COORDINATION AND DEVELOPMENT OF THE ALLAPATTAH
SHOPPING CENTER WHEREBY THE TERMINATION DATE OF SAID
CONTRACT IS EXTENDED FROM JUNE 30, 1985 TO NOVEMBER
30, 1985.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
gl 89 July 25, 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
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
51. AUTHORIZE LEASE AGREEMENT Centrust Realty & Construction Co. Lease of
ground floor retail space in MIAMI CONVENTION CENTER PARKING GARAGE.
Mayor Ferre: Take up Item 42. All right, Mr. Grimm. It's always nice to see
you again. It's not the hunting season. So, I figure it's ok to call on you.
Mr. Vince Grimm: Item 42 is a resolution authorizing the City Manager to
execute a lease for the ground floor in the World Trade Center Tower. The
lease that you were delivered on Friday is substantially the same one that
will be approved. We have now in the hands of Mr. Viallero a signed copy.
There were no substantial changes in the lease, some corrections in spelling
and grammar. The terms of the lease were outlined too in your report. If you
have any questions Mr. Fine or myself are here to answer to them.
Mr. Plummer: Just for the Commission's edification I asked for a comparable
in the immediate neighborhood and this is as good or better, Mr. Mayor as we
can get and I would be happy to move it.
Mayor Ferre: All right, there is a motion on the floor. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion? Mr. Fine, is there
anything you want to add to any of this? Any discussion by anybody on Item
42?
Mr. Plummer: Mr. Mayor, I also want in the record that they are going to at
their expense do the renovations and the improvements that are necessary to
that particular area. They will be doing that at their own expense which will
amount to I'm told about eight hundred thousand dollars.
Mr. Grimm: At least eight hundred thousand.
Mr. Plummer: So, that coupled with the rent of 1750 a square foot I think is
excellent.
Mayor Ferre: Further discussion, call the roll.
gl 90 July 25, 1985
I
t
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-926
A RF50L'►TI�N ''HE CITY MANAGER TO ENTER
INTO A LEASE AGREE;'-::1_NT, IN THE FORM ATTACHED HERETO,
WITH CENTRUST REALTY & CONSTRUCTION COMPANY FOR THE
LEASE OF THfi GROUND F:O')P, RETAIL SPACE IN THE MIAMI
CONVENTION CENTEh PARKING GARAGE, LOCATED ON A SITE
BOUNDED BY SOUTHEAST SECOND STREET, SOUTHEAST FIRST
AVENUE, DOWNTOWN DISTRIBUTOR I-95 (S.R.D. 854) AND
HALL-BELCHER TRACT (HOWARD JOHNSON'S INC. PROPERTY).
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 1.y 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.
52. DISCUSSION: Land adjacent to water near Mike Gordon's property for
possible use as a Marina.
Mr. Carollo: Mr. Manager, real briefly. A couple of months ago or so at a
Commission meeting that, unfortunately, when the item came up both myself and
Commissioner Dawkins that supported that item were not in the room. There was
an item on the Northeast part of town that came up having to do with some land
by the water that we would like to make a park and a marina of...
Mr. Pereira: Oh, yes, I believe the appraisal...
Mr. Carollo: What I mould like to...
Mayor Ferre: You mean up by the Mike Gordon...
Mr. Carollo: Yes. What I would like to ask of the administration is what is
the hold up in the appraisals?
Mr. Pereira: The first set of appraisals are due in at the end of next week
and the second set of appraisals are due at the beginning of August. We
should be back with a recommendation to you on the first meeting of September.
Mr. Carollo: The first meeting in September.
53• AWARD BID: THREE RESCUE AMBULANCES WITH OPTION FOR 4th & Refurbishment
of 5 existing Ambulances Dept. of Fire Rescue & Inspection Services.
Mayor Ferre: We are now on Item 43, awards the bid to E.V.F., Inc.
Mr, Plummer: Mr. Mayor, I had some problems with this at the last bidding. I
still have some problems. I would like if it's within the feeling of my
colleagues to authorize the five refurbishings, but to withhold for thirty
gl 91 July 25, 1985
8
days the purchase of the new units. There has been some information that I
have received. I have asked to be shown some others.
Mayor Ferre: Well, now at the end of thirty days unless we hear otherwise...
the Manager hears otherwise from you that we approve the new units too. Is
that it?
Mr. Plummer: No, sir. I would want to approve the refurbishing cost and
accessory items for the five..
Mayor Ferre: Ok. And what happened to the five new...
Mr. Plummer: ... and I would want it to be rescheduled, the remaining portion
of it for September 12th.
Mayor Ferre: Ok. I accept that motion. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, call the roll on 43 as amended.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-827
A RESOLUTION ACCEPTING THE BID OF E.V.R., INC. FOR THE
REFURBISHMENT OF FIVE (5) EXISTING RESCUE AMBULANCE
COMPLETE WITH EQUIPMENT FOR THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES AT A TOTAL ESTIMATED
COST OF $262,0002: ALLOCATING FUNDS THEREFOR FROM THE
1981 FIRE BOND PROJECTS; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR SAID REFURBISHMENT.
(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.
54. ESTABLISH PROPOSED MILLAGE RATE.
Mayor Ferre: We are now on Item 44 which is the proposed Millage Rate. This
is the same as last year and debt services 20520. I assume that this is...
Mr. Manager, I would like to warn you that, but you know very well, but on the
record that you can always go down, you can never go up and you are playing a
dangerous game here. You are recommending no Millage increase.
Mr. Pereira: That's right air.
Mayor Ferre: All right, sir. Is there a motion?
Mr. Dawkins: Move it.
Mayor Ferre: Is there a second?
gl 92 July 25, 1985
a
Mr. Perez: Second.
Mayor Ferre: Further discussion, call the roll on the recommendation on Item
44.
ON ROLL CALL:
Mr. Carollo: Mr. Manager. If we could Mr. Mayor, back track a second and
open it up for discussion.
Mayor Ferre: Yes, sir, go right ahead.
Mr. Carollo: Mr. Manager, there was an article in the morning Miami Herald
that stated that in fact we were increasing taxes. Is that correct or
incorrect?
Mr. Pereira: Unfortunately, I read the paper as we were taking off from Miami
on Monday on my way to New York and I was pretty upset at the way the item was
reported. There is no tax increase being recommended on this Millage. The
Millage remains the same. Now, if your property was assessed higher than the
previous year which we have no control over, then obviously, you are going to
pay more. Unfortunately, the way the article or the headline read, it took
into consideration the growth on the tax roll and it was make believe that
that was an increase in taxes which is incorrect.
Mayor Ferre: But Mr. Manager, in the first place the Miami Herald writer
wrote an accurate story. Is that correct? Is the story accurate? The story.
Not the headline, the story.
Mr. Pereira: The story, yes, is accurate.
Mayor Ferre: Ok. Now, let me tell you how the Miami Herald ---and it's not
the writers, it's the editorial policy of the Herald. It's the editors and
the headline writers and the guys who write the editorials who are one in the
same, even though they say they are not, but let's go over the process. They
take this out of context.. .(BACKGROUND COMMENT OFF THE PUBLIC RECORD).Mr.
Manager, I want you to listen to this. They take an accurate story and they
take one portion of it that doesn't truly explain what the story says and then
they say "City of Miami to raise your taxes 2.98 per cent". Now, that's the
same newspaper that a week ago says the following headline: "School board to
raise taxes only 7.6 per cent" Did you see that? Did you see that? Now,
here is a newspaper that takes totally out of context its own accurate
reporting by a qualified reporter and takes the headline out of context and
says "City of Miami to increase your taxes 2.98 per cent". The same newspaper
that a week ago says so and so is going to raise your taxes only 7-, per cent.
Now, how do you like that. That's the same newspaper that a month ago, you
know,... you know, who they are for and who they are against by their
headlines. The headline a month ago was "Metropolitan Dade County to raise
taxes 6.8 per cent" and you read the story, nice story, you know. They have
to do it. They are good guys. They are doing a nice job, then the report
back on page 3(b) and what have you. They are ok guys. City of Miami
headline. "City of Miami is going to raise taxes 2.98 per cent". Well, I
don't anybody around here should act surprised as to how the Herald editors
deal With these things. So, what else do we have to talk about?
Mr. Pereira: You have to set the public hearings.
Ms. Hirai: Mr. Mayor, we need to continue calling roll.
Mayor Ferre: I know, but there was discussion and we are in the middle of
discussion. Is there any other discussion?
Mr. Manohara Surana: We need to set up the dates for first public hearing and
the second public hearing.
Mayor Ferre: Sir, we haven't voted on 44 yet.
Mr. Surana: That's part of 44 Mayor.
gl 93 July 25, 1985
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Mayor Ferre: I see.
Mr. Surana: Second page.
Mayor Ferre: What is it we need t� do on 44?
Mr. Pereira: You need to vote on the proposed Millage as well as you must
establish a meeting and time for the first and second public hearing regarding
the City's and DDA's proposal millage rates and budget hearing.
Mr. Plummer: Is that incorporated in one motion?
Mr. Pereira: That's incorporated. I believe it is. It's part of 44.
Mr. Plummer: Because I'm voting against the millage.
Mayor Ferre: No, air. We are now... the motion as I understand it as
Chairman is a motion...
Mr. Plummer: I'm voting against the millage. I haven't seen the budget. How
can I vote on the millage.
Mayor Ferre: Well, you did last year and the year before and the year before
that.
Mr. Plummer: No, no, no.
Mayor Ferre: Oh yes, you did.
Mr. Plummer: Go ahead.
Mayor Ferre: Now, as I understand it what we have before us is what is in
your book and it says a resolution authorizing the Manager to establish a
proposed millage rate of the City of Miami, Florida for the fiscal year
beginning October 1st and ending September 30, 1986, and for the DDA covering
the same fiscal year and it establishes that the millage is the same as last
year. Now, that's what I got here. Now, that's what's before us legally.
Now, you say you want to... Now, with regards to the available dates of the
first public hearing, you tell me.
Mr. Plummer: We got to have what? Two by law.
Mr. Pereira: Two by law.
Mr. Plummer: One of them is usually department heads?
Mr. Surana: No, that's separate.
Mr. Plummer: That's separate?
Mr. Surana: Right.
Mayor Ferre: Is there any reason we can't do it Thursday, the 12th?
Mr. Plummer: Mr. Mayor, I think it has to be by law after 5 doesn't it?
Mayor Ferre: Fine.
Mr. Plummer: After 5 o'clock in the afternoon.
Mayor Ferre: We will do it after 5 o'clock on the 12th of September for first
reading. Ok.
Mr. Plummer: That's fine.
Mayor Ferre: And the second public hearing in my opinion should be September
the... the next meeting in September is the 26th. Thursday.
Mr. Plummer: That's kind of running late Maurice, if you run into a problem.
gl 94 July 25, 1985
Mayor Ferre: Well, tell me when you want to do it.
Mr. Plummer: Well, I'm just saying to give leeway as we always have a problem
with budget. We don't get down into that midnight crunch that may be we ought
to have the second meeting on the 19th.
Mayor Ferre: That's fine with me.
Mr. Surana: We cannot have on the 19th because that's a Dade County public
hearing. 17th, 18th, 20th, 23rd.
Mr. Plummer: Well, have it on the 10th. Have it the 10th and the 12th.
Mr. Surana: No, I need more time. We have to advertise, then some rules. At
least five days different it should be.
Mr. Plummer: Well, you tell us. The 12th and what?
Mr. Surana: Ok. 12th and you can pick any day on 17th, 18th, 20th...
Mayor Ferre: Ok. 17th. What's wrong with the...
Mr. Plummer: 17th is fine.
Mayor Ferre: All right, the dates are the 12th and the 17th all right.
Mr. Carollo: Of what month?
Mayor Ferre: September. Get it behind us. Are we ready to vote? Now, call
the roll.
THEREUPON THE FOREGOING MOTION was introduced by Commissioner Dawkins and
seconded by Commissioner Perez was defeated by the following vote:
AYES: Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
ABSENT: None.
ON ROLL CALL:
Mayor Ferre: I vote "yes". I think that the setting of the millage is
something that is continually done by government. It is legally requested by
State law. We do it every year. Every year in the past except this year we
have increased the millage. This is the first time that the Manager has not
increased the millage which is amazing to me. I think out of precaution I
would... If I had been him I would have put for a little bit of an increase
just so I would have some to bargain with. He has come up with a zero
increase in millage. I don't think it's reasonable at this stage of the game
for us to vote against this millage.
Mr. Carollo: Madam City Attorney at this point and time what are the
alternatives that we have? In other words by State Statutes by what date do
we have to propose or establish a proposal for millage rate?
Ms. Dougherty: Forty-five days before certification, but I don't know when
that day is.
Mr. Carollo: Certification will be, I guess, September 12th then?
Mayor Ferre: When is the last day...
Mr. Pereira: The 30th of this month.
Mayor Ferre: That's what I thought.
Mr. Plummer: I thought it was forty-five days.
gl
95 July 25, 1985
11%
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Mayor Ferre: No, sir. If we can't...
Mr. Pereira: Seventy-five Mano?
Mr. Surana: Seventy -:rive days the day we receive...by July 30th we have to
give them a millage. If you don't give then a millage...
Mayor Ferre: Today is the 25th.
Mr. Pereira: The County will arbitrarily set it for us.
Mr. Surana: They will set it up for us.
Mayor Ferre: I need to tell you that we will have to have special commission
meetings to set that millage until we do set the millage to comply with the
law.
Mr. Carollo: Let me say this for the record J. L., Miller. I feel the same
way as you all do, but we are not going to be stuck with that 2.9 increase if
we can change it around. We either pick one today or we have until, the 30th
to pick a millage rate.
Mr. Plummer: Well, my question has to be is when are we getting the budget.
When I'm I going to be able to look at the document?
Mr. Pereira: You will get the budget by the end of this month, sir.
Mr. Plummer: Prior to the 30th or after the 30th.
Mr. Pereira: Most likely on the ---what is it? 31st you will get the budget.
Mayor Ferre: All right, now, since we've already gone on record on this
thing, I think legally now we have to rescind the previous motion? There is a
motion to rescind. Is there a second? Perez seconds. Call the motion to -
rescind the previous motion.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-828
A MOTION TO RECONSIDER PREVIOUS VOTE BY THE COMMISSION IN
CONNECTION WITH THE PROPOSED MILLAGE FOR THE CITY OF
MIAMI, THE OUTCOME OF WHICH HAD CAUSED THE MILLAGE RATE
PROPOSED BY THE ADMINISTRATION TO DIE.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
ABSENT: None.
Mayor Ferre: Now we are back to the original motion. Who makes the original
motion?
Mr. Dawkins: I move that we accept the Manager's recommendation.
Mayor Ferre: Item 44, is there a second to accept the millage, as recommended
by the Manager, which is the same as last year's.
Mr. Perez; I second without any doubt, Mr. Mayor. Anyhow, I have strong
position against any tax increase. I think that is the Manager's
recommendation that we have for this time. It doesn't represent any increase
t in the millage. It's the same millage and for this reason, I would like to
decrease, not to increase, but anyhow, I vote in favor.
sl 96 July 25, 1985
I
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Mayor Ferre: That seconds the motion. Now call the roll.
Mr. Dawkins: Under discussion. No go ahead, I'll discuss it later.
Mayor Ferre: Go ahead, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-829
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH A
PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 1985 AND ENDING
SEPTEMBER 30, 1986 AND FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY COVERING THE SAME FISCAL YEAR.
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
ABSENT: None.
DURING ROLL CALL:
Mr. Dawkins: I m voting yes, and the reason I'm voting yes is I, too, feel
that the Manager has agreed to hold the line on tax increases and attempt to
keep services where they are, and I have to vote with it in order to give him
a chance to do that.
Mayor Ferre: In voting yes, Mr. Manager, I want to say that... realize,
please, on a three to two vote that you're going to have a struggle,
obviously, with your budget.
55 DIRECT CITY MANAGER TO CLARIFY ARTICLE IN THE MIAMI HERALD AND IF
NECESSARY TAKE OUT AN AD TO CLARIFY CITY POSITION IN REGARD TO MILLAGE
Mayor Ferre: There is a recommendation that you're making unlike what the
headline said in the Herald, unlike what the county has done and the school
board and others, this government is not voting for a millage increase, but to
retain the same millage as last year. I commend you for that. It is the
first time that I can ever recall in the history of Miami that has ever
happened; and I've been here 34 years. I do not ever remember... Also, I
never have seen this or previous Commission vote no on the setting of the
millage as required by law. Of course, I vote yes!
Mr. Plummer: Question to the administration? What is the maximum that you
could have, by law raised the millage.
Mr. Pereira: We could have gone up ten mill.
Mr. Plummer: But I'm saying based on where we were last year, what was the
increase you could have increased?
Mr. Pereira: We could have gone from 9.871 to 10 mill.
Mr. Plummer: With two nine eight what could you have raised the millage?
Mayor Ferre; To ten.
gl
97 July 25, 1985
0
Mr. Pereira: To ten, whatever the difference is between 9.8571 to ten mills,
generate....
Mr. Mano Surana: 2%.
Mr. Pereira: 2%.
Mr. Plummer: You could have raised it 2,%' more.
Mayor Ferre: That takes it to ten.
Mr. Carollo: A percent and a half.
Mr. Plummer: To the max.
Mr. Pereira: To the max.
Mr. Carollo: A percent and a half more.
dollars, Mano?
What does that calculate into
Mr. Mano Surana: That would be roughly about one point five million dollars.
Mr. Carollo: $1.5 million.
•4 Mr. Surana: More, right.
Mayor Ferre: Mr. Manager, I think there is a misunderstanding due to that
headline in the Herald and I would recommend that you write a letter for
further explaining, hoping that the Herald would correct the impression
they've left on many, many citizens. I've heard from all over, how come
you're proposing a 2.93% increase. We're not. I think if that isn't properly
addressed, I think we need to put an ad in the paper explaining where the City
Commission really is.
Mr. Pereira: Mr. Mayor, I dictated from New York a memorandum on Monday,
which hopefully you've all received explaining that situation to you. I'll be
glad to, if instructed so, to... I try to shy away from trying to respond
to....
Mayor Ferre: No, sir, this Commission... if you want we'll pass it in a
formal resolution, so we're doing this.
Mr. Pereira: No, I would do it, sir. There is no need for a resolution.
Mr. Perez: I think it would be important, Mr. Mayor, that if a reasonable
space or a week they don't reproduce the letter, that we contract the
necessary space in order to make the proper clarification.
Mr. Plummer: We can't advertise in the Herald.
Mr. Perez: We'll make an exception in this case in order to try to make
clarifications.
Mr. Carollo: That's why we have the billboards.
Mayor Ferre: Maybe Commissioner, you may want to make a motion to that
effect, that would give the Manager the authority to do that.
Mr. Carollo: One picture says a thousand words.
Mayor Ferre: We're talking about a quarter of a page, half -page.
Mr. Peres: I think that a half page.
Mayor Ferre: There is a motion on the floor that the City Manager be
instructed to write a clarification letter to the Herald and Mr. Manager, you
have to listen.
Mr. Pereira: I'm listening, sir.
Mayor Ferre: If it is not to your satisfaction, this Commission authorizes
i you to take up to a one half page ad in the Miami Herald to explain the City's
position.
al 98 July 25, 1985
i
Mr. Plummer: You can't do that, the policy of this Commission is that we
don't advertise....
Mayor Ferre: Sir, he's making a motion to that effect.
Mr. Plummer: He's got to change the policy.
Mayor Ferre: Of course he is! Of course he is, if he gets a second.
Mr. Plummer: I'm sorry, I didn't know you were changing the policy. -
Mayor Ferre: I will repeat it. Commission Perez moves that the Manager be
authorized, upon writing a letter to the Herald editor; if he is not satisfied
that the matter has been properly clarified, that he is authorized to put up
to a half page al in the Miami Herald clarifying the administration's
recommended position.
Mr. Carollo: I'll second the motion that the Manager sends a letter to the
palace of malice by the bay.
Mr. Plummer: Without the ad.
Mr. Carollo: At which time, if he is not satisfied, then he will come back to
this Commission for final approval for the ad.
Mayor Ferre: O.K., do you accept the amendment? Further discussion? Call
the roll.
The following motion was introduced by Commissioner Perez, who moved its
adoption:
MOTION NO. 85-830
A MOTION DIRECTING THE CITY MANAGER TO WRITE A LETTER
TO THE EDITORIAL BOARD OF THE MIAMI HERALD IN
CONNECTION WITH AN ARTICLE WRITTEN BY THEM ON THE
CITY'S MILLAGE, IN ORDER TO CLARIFY THE RECORD;
FURTHER STIPULATING THAT IF AFTER CONTACTING THE
HERALD, THE MANAGER IS STILL NOT SATISFIED, HE (THE
MANAGER) SHALL COME BACK BEFORE THE CITY COMMISSION IN
ORDER TO CONSIDER TAKING AN AD IN THE HERALD
CLARIFYING THE CITY'S POSITION.
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.
ABSENT: None.
Mr. Plummer: What a waste of 220.
56 EXECUTE LEASE AGREEMENT: OFF-STREET PARKING AUTHORITY FOR LEASE OF LAND
S.E. CORNER OF S.W. 27TH AVENUE AND DIXIE HIGHWAY FOR PARKING FACILITY
Mayor Ferre: We're now on item 45, lease agreement to execute lease Off -
Street Parking for the lease of certain lands located in the southwest corner
of S.W. 27th Avenue and South Dixie Highway for use as a parking facility. Go
ahead.
sl 99 July 25, 1985
Mr. Plummer: Mr. Mayor, it had been my concern with reference to this that
the Off -Street Parking had not notified the main property owner across the
street. They have so notified him. He is delighted with plan. They are in
accord and I would be happy to move this.
Mayor Ferre: Do you want to pass me the drawing so I can look at that thing
once again? It's the same one you showed us lnst time, right?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Wait a moment, I said City of Miami, Coconut Grove. You're not
going to put Coconut Grove. I don't mind your putting Coconut Grove if you
have to identify the City of Miami somewhere.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: I don't need to see it as long as you put the City of Miami and
you put Coconut Grove. How you do it is your....
Mr. Plummer: The village of Coconut Grove.
Mayor Ferre: Is there a motion to that effect?
Mr. Plummer: I so move.
Mayor Ferre: Is there a second? Is there a second on 45?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-831
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, WITH THE DEPARTMENT OF OFF-STREET PARKING FOR
THE LEASE OF CERTAIN LANDS LOCATED AT THE SOUTHEAST
CORNER OF SOUTHWEST 27TH AVENUE AND SOUTH DIXIE
HIGHWAY FOR USE AS A PARKING FACILITY.
(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.
57 ACCEPT METRO DADE COUNTY GRANT: $37,582.04 CHILD DAY CARE SERVICES FOR
CHILDREN OF LOW INCOME FAMILIES
Mayor Ferre: Item 46 accepts money for....
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins. Is there a second?
sl 100 July 25, 1985
Mr. Plummer: Second.
Mayor Ferre: Second by Plummer. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-932
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY MANAGER'S ACCEPTANCE OF A $37,582.04 GRANT FROM
METROPOLITAN DADE COUNTY TO PROVIDE CHILD DAY CARE
SERVICES TO CHILDREN FROM LOW-INCOME FAMILIES; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
CONTRACT(S) AND AGREEMENT(S) TO IMPLEMENT THE PROGRAM.
(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.
58 AUTHORIZE EXECUTION OF AGREEMENT: VALLE AXELBERD AND ASSOC. PROVIDING FOR
STREET CONTROL TRAINING 1986 POLICE DEPT.
Mayor Ferre: Item 47, any problem with that?
Mr. Carollo: Definitely, stress control.
Mr. Pereira: I'm withdrawing the others.
Mr. Plummer: Excuse me, Mr. Mayor, I was informed by part of the
administration on 47, Chas, you spoke to me at lunchtime about this one.
Wasn't it?
UNIDENTIFIED SPEAKER: No, it was part of 48 and 49.
Mr. Plummer: Oh, I'm sorry.
Mayor Ferre: Is there a problem on item 47?
Mr. Carollo: I don't have any.
Mr. Plummer: I'll move it.
Mayor Ferre: Plummer moves 47. Is there a second?
Mr. Carollo: Yes, second.
Mayor Ferre: Second by Carollo. Further discussion? Call the roll.
sl 101 July 25, 1985
f.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-833
A RSS1L?TIJN AVTHORIZIN%; TuF, CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICE AGREEMENTS IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH VALLE AX ELBERD AND
ASSOCIATES, INC. FOR THE PURPOSE OF PROVIDING STRESS
CONTROL TRAINING DURING FISCAL YEAR 1986 TO MEMBERS OF
THE MIAMI POLICE DEPARTMENT, WITH THE COST OF SAID
CONTRACT NOT TO EXCEED $22,130 WITH FUNDS THEREFOR
ALLOCATED FROM THE STATE OF FLORIDA LAW ENFORCEMENT
TRAINING TRUST FUND.
(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
ani 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.
ROTE FOR TIC RECORD: Agenda items 48 and 49 are withdrawn by the
administration.
59 AUTHORIZE EXECUTION OF AGREEMENT: URBAN STUDIES INSTITUTE, INC. BARRY
UNIVERSITY - CONSULTING SERVICES FOR REVIEW CURRENT POLICE RAINING
EMPHASIS ON RESPONSIVENESS TO MULTI -ETHNIC COMMUNITY
Mayor Ferre: We're now on item 50.
Mr. Pereira: On 50, Mr. Mayor, we would like to just ask for approval for an
extension of three months and we want to... and not go into the new contract,
because....
Mr. Carollo: Move.
Mr. Plummer: Second.
Mr. Dawkins: Second.
Mayor Ferre: Moved by Carollo; second by Dawkins. Further discussion? As
amended by the Manager, item 50, call the roll.
sl 102 July 25, 1985
9
�n;�i�;�s�;� .:_,.rt. :.:: ., ;-.- . . , „agar ++.vx xmsre.i. peon .•w..n
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-834
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH THE URBAN STUDIES
INSTITUTE, INC. AT BARRY UNIVERSITY TO PROVIDE OVERALL
CONSULTANT SERVICES TO REVIEW CURRENT POLICE, TRAINING
WITH EMPHASIS ON RESPONSIVENESS TO THE MULTI -ETHNIC
COMMUNITY OF THE CITY WHICH INCLUDES SUGGESTING
RECOMMENDATIONS FOR FUTURE TRAINING METHODOLOGIES WITH
FUNDS THEREFOR ALLOCATED IN AN AMOUNT NOT TO EXCEED
$33,167 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 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.
SOTS FOR !ice RRCORD: Agenda item 51 was withdrawn by administration.
Mr. Dawkins: Why are you going to continue 50 for three months and then
withdraw 51 altogether.
Mr. Pereira: We're going to evaluate both on a continuous basis. We need the
extension of three months in order to maintain the services, which is not the
case in 51.
Mr. Dawkins: Why? How can you continue... when does 50...?
Mr. Pereira: They're in different fiscal years. That will continue. There
will be no interruption on that one because it's on a different fiscal year.
Mr. Dawkins: O.K., thank you.
60 AUTHORIZE EXECUTION OF AGREEMENT: WILLIAM S. TEASDALE, P.E. AND ELLIS-
SNYDER ASSOCIATES INC., ENGINEERS
Mayor Ferre: We're on item 53. This is William S. Teasdale.
Mr. Plummer: Move it.
Mayor Ferre: Further discussion? Is there a second?
Mr. Dawkins: Second.
Mrs. Dougherty: Mr. Mayor, wait just a minute. I want to make the record
clear that this is an emergency and therefore competitive bidding is waived
and we need a four/fifths majority.
Mr. Plummer: It's not advertised that way. I don't know how you can do it
now. It hadn't been advertised as an emergency, legally you can't.
sl 103 July 25, 1985
NNW-
e
Mrs. Dougherty: Just a minute; we're looking that up.
m
Mayor Ferre: Where are you on 53? Are we ready to vote?
Mr. P1umrG,r: Cell the roll the first time anyhow.
Mrs. Dougherty: Mr. Commissioner, the Charter provides that when an emergency
exists, no public notice requirements or utilization of this selection process
is required.
Mr. Plummer: What is the emergency for the record?
Mr. Don Cather: The bankruptcy of Greenleaf-Telesca.
Mr. Plummer: I agree.
Mr. Dawkins: What's the emergency?
Mr. Plummer: The company went bankrupt. We got to get our money in a hurry.
Mr. Pereira: The firm Greenleaf -Telesca went bankrupt and now we want to
asthorize to execute with another firm so we can move the project ahead and
try to bring it in a reasonable period of time.
Mr. Plummer: Call the roll, as an emergency item.
Mayor Ferre: Are we ready to vote now?
Mr. Plummer: Yes.
Mayor Ferre: On 53 call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-835
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE FIRMS OF WILLIAM S. TEASDALE,
P.E., AND ELLIS-SNYDER- ASSOC IATES, INC., CONSULTING
ENGINEERS, FOR THE COMPLETION OF DINNER KEY MARINA
RENOVATION AND EXPANSION PROJECT FOR A TOTAL COMBINED
FEE OF $30,000; ALLOCATING FUNDS THEREFOR. FROM THE
DINNER KEY MARINA -RETAINED EARNINGS FUND.
(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.
Mayor Ferre: No, you only have one roll call; you need four/fifths vote.
3
Mr. Plummer: Now we're told you don't need a second vote because it's a
resolution.
0
Mayor Ferre: Of course we don't need a second vote. All you need is a
four/fifths vote on a one vote basis. You know that. One vote, it's a
resolution; you just need four/fifths because there's a waiver of no bidding.
sl 104 July 25, 1985
7.. a 7 _ nary � mnn��n nrnrt o
61 INDUCEMENT RESOLUTION -PUBLIC HOUSING DEVELOPMEN-'; EXPRESS INTENT OF CITY
TO PROCEED WITH DEVELOPMENT OF A MULTIFAMILY RENTAL HOUSING PROJECT;
CIRCA/BARNESS/SAWYER JOINT VENTURE
Mayor Ferre: We're now on item 54• This is the development of the
multifamily rental housing project in an amount not to exceed $6 million in
benefit for Circa/Barness/Sawyer.
Mr. Plummer: I want an amendment to the resolution that if the full six
million is not used for the named firm, that before the administration can use
any of the excess funds, they must get it approved by this Commission.
Mr. Pereira: That's the authorization in here; we got to come back to you
every time we use it.
Mr. Dawkins: Second.
Mayor Ferre: Moved with that stipulation and seconded with that stipulation.
Are we ready to vote on 54? Any other discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-836
A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF
MIAMI (FLORIDA) 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 $6,000,000 FOR THE BENEFIT OF
CIRCA/ BARN ESS/SAWYER, A JOINT VENTURE ESTABLISHED IN
PART FOR 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
62 APPROVE SELECTION BY COMMITTEE - PROFESSIONAL ARCHITECTURAL ENGINEERING
SERVICES - RECONSTRUCTION OF MIAMI STADIUM PRESS BOX
Mayor Ferre: We are now on item 57.
Mr. Plummer: I move it.
Mayor Ferre: Plummer moves. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
Mrs. Dougherty: Let the record also reflect this is an emergency purchase.
al 105 July 25, 1985
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-837
A rE; DLUTION APPROVING TH.L, SELECTION'' BY THEE
COMPETITIVE SELECTION COMMITTED. OF THE MOST QUALIFIED
FIRMS TO PROVIDE PROFESSIONAL
ARCHITECTURAL/ENGINEERING SERVICES FOR THE REDESIGN
AND RECONSTRUCTION OF THE MIAMI STADIUM PRESS BOX;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
PROFESSIONAL SERVICES AGREEMENT; DIRECTING THE CITY
MANAGER TO PRESENT A NEGOTIATED AGREEMENT TO THE CITY
COMMISSION FOR APPROVAL; SAID PROJECT TO BE FUNDED
UNDER THE CURRENT CAPITAL IMPROVEMENT PROGRAM IN THE
AMOUNT OF $300,000.
(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.
63 DISCUSSION: CLEANING & TRASH REMOVAL SERVICES AT CITY STADIUMS; see
resolution 85-840 later same meeting
Mr. Plummer: Let me see a copy of the bids on 58, please?
Mr. Pereira: It's on its way. Get a copy of the bids; it's got to be
included in the package.
Mr. Plummer: According to this here, Vista is the lowest bidder.
UNIDENTIFIED SPEAKER: I represent Vista.
Mr. Plummer: Excuse me, sir, I wasn't speaking to you; thank you. I'm just
looking at the memo from the City that says that Vista was 41.95 and that the
next bidder up was 42.45• Who are you recommending?
UNIDENTIFIED SPEAKER: Property Management and Maintenance, Inc.
Mr. Pereira: Property Management.
Mr. Plummer: PMM? They are also 42.50 or $55 more, according to these
numbers.
UNIDENTIFIED SPEAKER: The analysis was not made on the price alone. There
were many other factors considered.
Mr. Plummer: Excuse me, Randy, my question was who was the lowest bidder.
The lowest bidder in this sheet here is Vista, according to your numbers.
UNIDENTIFIED SPEAKER: That's one price out of many categories.
Mr. Plummer: I'm looking at the top numbers and they're very low on the top
numbers. The cleaning labor, which I guess you use the most of, they're
$5.64, except PMM is $5.45.
sl 106 July 25, 1985
•
0
Mr. Pereira: Go through the whole bid. Explain the whole bid to him.
UNIDENTIFIED SPEAKER: Let me explain how we went through this. We looked at
a sample of ? prior year of cleaning bills and analyzed them against the bids.
In the sample that came out to be like about :£i2-),)00 worth of work, the price
difference between Vista and PMM was only $88 difference. Essentially, they
were tied, although you cannot take say the price of cleaning after a game and
compare it. You have to loot: the other factors and differences in the labor
cost. In your package there is also a spread sheet on how we scored the
vendors. We looked at four factors: price, experience in cleaning large
assembly facilities, whether they were a minority vendor, and how long they
had been in business. Of the experience given, we looked at the experience
given on each vendor's bid and Property Management and Maintenance had listed
experience in the City stadiums, of course, where they are the incumbent.
Also at the Dade County Youth Fair and the Hialeah Race Track. None of the
other bidders had any experience in a large assembly facility other than Vista
which cleaned at the Caleb Center and Dennis' who had also cleaned at the
Caleb Center, but what we considered to be very important was can they clean
in a large facility where it has to be cleaned up in one day ready for the
next day's business. Particularly looking at a lot of concession trash, which
is the job that we need done in the Orange Bowl.
Mr. Plummer: What criteria did you use to say that they couldn't?
UNIDENTIFIED SPEAKER: We looked at the experience. They listed no experience
in a large type of seating facility.
Mr. Plummer: Was that in your bid? Did it stipulate in there the size of the
organization?
Mr. Pereira: The requirements....
Mr. Plummer: When you put your bids out and asked for bidding, did it
stipulate in there that one of the criteria would be their availability of
cleaning up large areas in a single day? Was that specified in the bid?
UNIDENTIFIED SPEAKER: I believe it was. I haven't read that bid in a while.
Mr. Plummer: You better be sure because I think this is going to court for
sure. God help us on the Florida -Miami games.
Mr. Dawkins: Mr. Manager, let me ask a question now. This morning when I
spoke with you about a bid on pressure cleaning unit, you told me whoever is
low bid gets the job. Now we come in with another bid and it's not the low
bid, it's something else. We don't have a standardized way of doing this?
Mr. Pereira: That's what I'm trying to ascertain here. The question that
Commissioner Plummer asked is very appropriate if it's condition of the bids
on selection is really what determines and most of the bids it is specified
responsible and lowest. Now if part of the criteria was the criteria, the
experience and the size of the firm, so on and so forth, then that becomes
part of the consideration. That's the question I want to answer.
Unfortunately the person who has all that information had to go home ill but I
trust that we can get it, that we have it available here.
Mr. Plummer: But the question is, Mr. Manager, were all of those guidelines
outlined in the bids?
Mr. Pereira: That's what I'm trying to find out.
Mr. Plummer: I think that is very important.
Mr. Pereira: Can we come back to this item, sir, so we can get that
information?
AT THIS TIME THIS ITEM WAS TEMPORARILY DEFERRED.
SEE R-85-840 (label 66)
sl 107 July 25, 1985
ter
64 APPOINT PERSONS TO PIC (PRIVATE INDUSTRY COUNCIL) OF SOUTH FLORIDA; then
rescinding the appointments, then making them again R-85-856 later this
meeting.
Mr. Carollo: Take up item 59 in the meantime.
Mr. Plummer: Item 59, Mr. Vice Mayor, one of the appointments of the four...
we appointed two and there were two left. I had one and I don't know who the
other one is.
Mr. Carollo: I don't remember.
Mr. Plummer: My appointment, I'm going to appoint J. Habif.
Mr. Carollo: Commissioner Plummer made his appointment. I don't know who the
other one belonged to.
Mr. Plummer: Somebody else has an appointment.
Mr. Carollo: I don't recollect. It might have been mine. Miller made one.
Mr. Carollo: Maybe it might have been Millers.
Mr. Dawkins: I'll appoint Milton Hall of Hall, Ferguson, and fields.
Mr. Carollo: There's two names that have been given. Is there a motion for
those two names?
Mr. Plummer: I so move.
Mr. Carollo: Motion, seconded by Dawkins. Call the roll, Mr. Clerk, Madam
Clerk.
MOTION 85-838
THE MOTION TO APPOINT J. Habif and Milton Hall to the Private Industry
Council was passed by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
NOES% None.
ABSENT: Mayor Maurice A. Ferre
Mr. Perez: Mr. Vice Mayor, we're on 59?
Mr. Carollo: We did 59 already.
Mr. Perez: I'm sorry. Who did we appoint, because I was in a phone call?
Mr. Carollo: Milton Hall by Commissioner Dawkins and....
Mr. Perez: Oh, I have a request from the Chamber of Commerce for Elmer
Leyva.
Mr. Carollo: Did you have your appointment made already Commissioner?
Mr. Perez; Yes, no, I have not made an appointment in the past. I have....
Mr. Carollo: Commissioner Dawkins wants to withdraw his motion for the
appointments, so we need a motion to rescind the previous motion.
Mr. Plummer; So move.
108 July 2541985
Mr. Carollo: There is a notion by Plummer, seconded by Dawkiris to rescinl t'�e
previous motion. Call the roll, Madam Clerk.
MOTION H5-93 39
THE MOTION TO RESCIND M-85-839 PREVIOUSLY APP,)1NTINO J. Habit' -ind Milton
Aal.l to the Private Industry Couri,!il was pa.s:3e1 by the following vote:
AY E3: Comm i.:3:3 ioner .Joe Carollo
'ommissioner Miller J. Dawkins
Commissioner J. L. lll uauner, .Jr.
Vice -Mayor Demetrio Pere:., Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
-----------------------------------------------------------------------------
NOTE FOR THE RECORD_: Although Mayor Ferre w.io absent during the roll call, he
asked of the Clerk later to be shown voting with the motion.
Mr. Carollo: Can we have the new motion?
Mr. Plummer: Mine is the same.
Mayor Ferre: What are we voting on?
Ms. Hirai: Item 59, Mr. Mayor.
Mayor Ferre: I vote yes, what's your appointment?
Mr. Perez: Elmer Leyva was suggested by the Chamber of Commerce, CAMACOL.
Mayor Ferre: Who's the other one?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE; PUBLIC RECORD.
Mayor Ferre: Anything else? Did we vote on 58?
Mr. Carollo: Yes we did; no we haven't. I'm sorry, we're still getting some
information. We voted on 59. What happened on 58?
Mr. Carollo: They're getting some information.
NOTE FOR THE RECORD: This issue of appointments to Private Industry Council
came up again later and passed as R-85-856.
----------------------------------------------------------------------
65 DISCUSSION: MAYOR FERRE CONCERNING HEADLINE I■ MIAMI TIMES RE;
"QASVIDAL"
Mayor Ferre: Let me just for the record, so that... there are two mistakes.
There is one mistake that I want to correct. I said, Mr. Manager, on the
Miami Herald headlines 2.98, the City of Miami increases 2.98 percent.
Technically, as the story pointed out, because of the trim bill that is
correct. It's correct because of new construction. It is a misleading
statement because, but the truth of the matter is we're talking about truth in
headlines and the headline is a correct headline.
Mr. Pereira: All the headline says is 2.9 tax boost, which is not correct.
There is no tax increase. There is an increase in your tax bill, if in fact
your assessment goes up. We have absolutely nothing to do with that. Rick
and I will go ... I don't really want to debate that with the Herald, but....
sl 109 July 25, 1985
Mayor Ferre: The fact is that I stand corrected again, the Manager is
correct, because you didn't say, Rick, the headline didn't say... an accurate
headline Would have been, "Manager proposes 2.9% increase due in the millage."
But there's no way you could say Miami recommends 2.9% tax increase because we
haven't done it yet. There is no tax passed. The Manager recommended a
millage increase. We don't know what the ta): base of this is going to be.
Mr. Plummer: I object to the Miami Herald putting it over the obit column.
Mayor Ferre: The second thing I want to put on the record is the ad in the
Miami Times put on by one of my opponents, Mr. Masvidal - "A New Mayor".
Mr. Plummer: He is not one of your opponents!
Mayor Ferre: Well, he is a new Mayor! It says ...
Mr. Plummer: No! He qualified for Mayor and you are not, so ....(LAUGHTER)
Mayor Ferre: He hasn't qualified yet.
"Just about everyone agrees that the City of Miami politics are a bit
unusual. As the election season approaches, everybody's playing
politics. Two skills are essential in playing the game of politics;
tremendous foresight and excellent recall."
That is a play on the word "recall". You remember the recall?
"What was deemed by my many to be a bad joke presents a prime lesson in
political gamesmanship. A local politician was quoted as saying 'the
only thing shorter than my hair is Black folks' memory."'
That is nice!
"Two years ago, Black voters re-elected the Mayor of the City of Miami by
an overwhelming majority. Less than a year later, a three member
Commission majority led by the Mayor, voted to fire Howard Gary, the
first Black to serve as City Manager. Before the vote, few remembered
that the Mayor never wanted to hire Gary in the first place.
Nonetheless, cries of turncoat, double-cross and snake -in -the -grass
resounded throughout the Black community and the recall effort began.
The lesson of politics is easily learned when measured in human terms.
After the McDuffie and Nevell Johnson riots, promises were made including
one of establishing a branch bank in Overtown. The City requested
proposals and offered to deposit $5,000,000 in City funds as incentive.
Only one banker in all of Dade County was willing to take the risk in
Overtown - Raul Masvidal. Since then, the City has reneged on its pledge
of a bank in Overtown and once again the needs of the residents and
businesses of the area have been lost in a game of politics.
Raul Masvidal is tired of these games. That's why on the day after the
riots, Masvidal led a food drive and personally distributed food to the
people of the riot -torn Liberty City and Overtown. Masvidal still wants
to open a branch bank in Overtown. Miami needs a new Mayor. Miami needs
Raul Masvidal. If you tired of these games, you'll have a second chance
to finish the recall. Vote for Masvidal for Mayor November 5, 1985•"
Now, this is from a candidate who promises to run a real clean campaign. He
is helping the people of Overtown by distributing food. Would you, Nester ...
I place this into the record.
Mr. Carollo: Madam Clerk, would you please send a copy of that to the Miami
Herald committee on fairness on the election?
Mayor Ferre: There is a commission ...
Mr. Carollo: What is the name of the committee?
Mayor Ferre; It is called ... something or other - "fairness". the Chairman
of it is Mr. Parker Herald Thomson, I think is his name.
Mr. Carollo: One of the Herald attorneys?
al 110 July 25, 1985
1
Mayor Ferre: I think his name is Parker Herald Thomson. If you would send
that to Mr. Parker Thomson as the first exhibit.
Mr. Plummer: The first shot in the wall?
Mayor Ferre: The first shot'. This is Fort Su,-nter!
Mr. Plummer: Ferre Been the whites of their eyes!
Mayor Ferre: If you would put on top of it, that the Mayor sends this to you
with his regards, and would you please put on top of it - Fort Sumter.
66 AWARD BID: CLEANING & TRASH REMOVAL SERVICES AT CITY OF MIAMI OWNED
STADIUMS
Mayor Ferre: Now we're back to item 58.
Mr. Jim Helian: My name is Jim Helian, my family owns Vista Building. We
have been established here in Florida for about eight or nine years. I have
been in the business f or 28 years. I'm going to answer to the gentleman that
was talking before about our experience. I have more experience than the
previous company. I'm only answering him because he raised the question, but
he never put it in the papers.
Mayor Ferre: Are you the low bidder, sir?
Mr. Helian: Yes, sir, I am.
UNIDENTIFIED SPEAKER: No.
Mayor Ferre: He's not. Let's hear from your opponent.
Mr. Jose Infante: I'm Jose Infante. I'm with Property Management and
Maintenance. I've been doing the cleaning in the stadium for the last 13
years. I've taken some figures of different games and it all depends which
types of games are, but I come out lower in some and he comes out lower in
other ones. So it's very hard to ascertain which is the lowest bid.
Mr. Cesar Odio: Mr. Mayor, I would like....
Mayor Ferre: Do you recommend this?
Mr. Odio: I would rather sit down and furnish to them, review it, and if the
Manager approves it and bring it back in September.
Mayor Ferre: Does the administration recommend the low bidder?
Mr. Odio: The stadium manager recommends the....
Mayor Ferre: I'm not asking the stadium manager.
Mr. Pereira: Mr. Mayor, let me ask for a deferral on this item. We'll extend
the....
Mayor Ferre: Based on what?
Mr. Pereira: Based on the fact that there are some questions that need to be
answered that unfortunately we don't have the staff person here that has those
answers.
Mayor Ferre: As Plummer said, I don't want to do it that way. I want to do
it in a positive way. I'm going to move that this item be awarded to the low
bidder, as recommended, and leave it at your discretion to rescind it if you
want. I so move.
sl 111 July 25, 1985
0
i
Mr. Carollo: There is a motion. Is there a second?
Mr. Plummer: I can't second the motion, because your motion itself is in
conflict. The conflict is that the low bidder is not the recommendation of
the Manager. When you put it in as the lowest and most responsible, as he is
making his recommendatiot:, sni that is w!-.-re your motion is in conflict.
Mayor Ferre: I make the motion that the Manager's recommendation be upheld
ani leave it in his hands if he wants to change it subsequent.
Mr. Plummer: Oh, that's different. That I can't...
Mr. Carollo: Motion, is there a second?
Mr. Plummer: I can't second.
Mr. Carollo: There is a motion. Is there a second? I pass the gavel on to
Commissioner Plummer and I second the motion.
Mr. Plummer: Motion made and duly seconded. Is there any further discussion?
Hearing none, call the roll.
The following resolution was introduced by Mayor Ferre, who moved its
adoption:
RESOLUTION NO. 85-840
A RESOLUTION ACCEPTING THE BID OF PROPERTY MANAGEMENT AND
MAINTENANCE, INC. FOR FURNISHING CLEANING AND TRASH
REMOVAL; SERVICES AT CITY OF MIAMI STADIUMS FOR THE OFFICE
OF STADIUMS ON A CONTRACT BASIS FOR ONE YEAR, RENEWABLE
ANNUALLY AT A TOTAL PROPOSED YEARLY COST OF $180,000.00;
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.
(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
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
DURING ROLL CALL:
Mayor Ferre; Commissioner Perez was out and I want to make sure he
understands what we're moving here. The motion is backing up the Manager's
recommendation and leaving in his hands if he wants to revisit the issue and
has authority to throw all the bids out and rebid it and come back with a
separate recommendation.
67 ESTABLISH DATE OF PUBLIC HEARING: OCT. 10, 1985 MAJOR SPECIAL USE PERMIT
OF A DEVELOPMENT ORDER 845-899 BRICKELL AVENUE PROJECT
Mayor Ferre; Does anybody have any problems with item 14? This is Brickell
Square Project. This is a public hearing from July 25 to October 10. Does
anyone have a problem with that? Item 14 sets a date for a public hearing.
al 112 July 25, 1985
6i�f :r,9.,q`m:,s-Yxsiv'.. a�llll�
t
Mr. Sergio Rodriguez: Continue the item to October 10th at 3:30 P.M.
Mayor Ferre: Is there a motion?
Mr. Plummer: Move.
Mayor Ferre: Moved by Plummer. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-841
A RESOLUTION CONTINUING THE PUBLIC HEARING DATE FOR
CONSIDERATION OF ISSUANCE OF A MAJOR USE SPECIAL
PERMIT AND A DEVELOPMENT ORDER FOR THE BRICKELL SQUARE
PROJECT, 845-999 BRICKELL AVENUE, A DEVELOPMENT OF
REGIONAL IMPACT, FROM THE MEETING OF JULY 25, 1985, TO
3:30 PM, THURSDAY, OCTOBER 10, 1985.
(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.
68 CONTINUE PUBLIC HEARING - MAJOR USE SPECIAL PERMIT 1111 BRICKELL AVENUE
PROJECT
Mayor Ferre: Item 15 is the same..
Mr. Plummer: Why are they asking for this?
Mr. Rodriguez: The item Was advertised today for a public hearing, but the
hearing before the Regional Planning Council hasn't occurred yet, and because
of that, we have to move it until October 10th at 3:30.
Mayor Ferre: Plummer moves 15.
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion? Call the roll.
al 113 July 25, 1985
i
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-842
A RESOLUTION CONTINUING THE PUBLIC HEARING DATE FOR
CONSIDERATION OF ISSUANCE OF A MAJOR USE SPECIAL
PERMIT AND A DEVELOPMENT ORDER FOR 1111 BRICKELL
PROJECT, A DEVELOPMENT OF REGIONAL IMPACT, FROM THE
MEETING OF JULY 25, 1985, TO 3:30 PM, THURSDAY,
OCTOBER 10, 1985•
(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.
69 FIRST READING ORDINANCE: REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC
RIGHTS -OF -WAY IN THE CITY, IMPOSING RESTRICTIONS, ETC.
Mayor Ferre: Carollo, we're on item 18.
Mr. Carollo: Item 18, if staff is ready.
Mr. Walter Pierce: Mr. Mayor, members of the Commission, this item has been
prepared at the request of Vice Mayor Carollo. I'm going to give you the
background here. We have made the observation that the appearance of the
public rights -of -way of the City of Miami is atrocious in its appearance in
plain language, ugly. The uglyness is due to the fact that....
Mr. Plummer: No!
Mr. Pierce: Yes.
Mr. Plummer: No, I think those yellow boxes are pretty.
Mr. Pierce: The public rights of way of the City have been allowed to be
taken over for a number of different private commercial uses: flowers,
newspapers, sunglasses, fruits, and vegetables, and all manners of goods are
being vended and peddled from within the public streets and along the public
sidewalks. Individuals are openly soliciting contributions for a myriad of
purposes, among moving vehicular traffic. Merchants are placing signs on
sidewalks, restricting the use of those sidewalks by the walking public. The
ordinance before you today has been prepared in response to that perceived
problem existing throughout the City. This particular problem is the
indiscriminate placement of newspaper vending racks within the public rights -
of -way on sidewalks in side parkways, both grass and paved. On two days
recently approximately 38 City employees were assigned to perform a survey of
all City streets in order to determine in an accurate manner the number and
locations of newsracks throughout the City. In doing this survey, we were
also concurrently documenting how newsracks were placed. You see in these
slides we are going to show that some examples of the problems and hazards are
caused by these newspapers racks. Some examples you see of newspaper racks
causing blockage of sidewalks force some pedestrians to walk in streets or on
private property adjoining the public right-of-way, generally impeding
sl 114 July 25, 1985
a
pedestrian progress. Newsracks permanently bolted into concrete sidewalks
cause damage and hasten deterioration of the public infrastructure. You'11
see newsracks imbeded in the grass side parkways, making it difficult for our
public work's maintenance crews to mow and to perform other maintenance
operations. Newsracks will be seen too close to curbs, impeding the ability
of motorists to enter ani exit their automobiles. You see newsracks chained
to telephones and electric poles, parking meters, traffic signs, traffic
signal signs, poles, anything that is there in the right-of-way, newsracks
that block access to the handicap ramp curb cuts, and newsracks placed to
close to intersections that the vision of motorists is obscured. In summary,
we need to regulate in some way the placement of newsracks, because when
unregulated, they are hazardous and do not have a great appearance in the
community. I'm not going on comment on each one of these, but I'll be glad to
stop and answer any questions. This one I will comment on because this is an
example of a newsrack....
Mayor Ferre: Am I reading that right? Is that "E1 Matancero?"
Mr. Pierce: No, I think it's "El Extra." This is one where it is chained to
a post.
Mr. Carollo: People can't even walk through that corner there.
Mr. Plummer: Nobody wants to steal the racks, but they're scared that
somebody will steal the pole.
Mr. Pierce: This has nothing to do with Mr. Perez. This is an example of a
newspaper rack....
Mr. Plummer: Does that bench have a ureter on it?
Mr. Pierce: The bench is legal, by the way. That is a legal sign.
Mr. Plummer: I want to tell you, Walter, I hope your pension is in order.
Mr. Pierce: This is an example of the rack blocking the sidewalk to the point
where people have to walk into the streets or run against cars.
Mayor Ferre: I have to tell you that's unbelievable. That is totally
unbelievable.
Mr. Pierce: Here is another one of sidewalk blockage, almost totally.
Mr. Carollo: Mr. Manager, you're blocking my newsrack.
Mayor Ferre: Will you look at that? There are two side by side so that there
is absolutely no passage.
Mr. Carollo: It is tied to City property also.
Mr. Pierce: Here is another case of blockage totally on the sidewalk. I
believe the yellow one is chained to the sign post. Here is one where two
pedestrians couldn't even pass in this situation, they would be forced to walk
on to the street. This was chained to a parking meter.
Mr. Plummer: That's Demetrio's.
Mr. Pierce: I don't think they put money in the meter.
Mr. Plummer: No, it's not on violation, so they must have put the quarter in.
Mayor Ferre: Let me ask you this, because ... so that the Herald's lawyer
won't come back with this whole thing about our trying to violate the first
amendment and what have you. That's got to be a violation of the law. How
can somebody, anybody, even the great Miami Herald, how can they take
something like that and chain it to public property and block street
pedestrian passage? That's got to be against the law.
Mr. Plummer: Let me tell you how they are going to do and I'll tell you what
they are going to come back and tell you. They don't do that, the Miami
sl 115 July 25, 1985
U
Herald. They are touchless, they don't do those things. The people who are
the sellers who put out the racks are independent dealers and they are the bad
guys. They do it. The Miami Herald does not sanction it.
Mayor Ferre: So what do we do?
Mr. Plummer: We are actually speaking not the Miami Herald; we're speaking to
the independent dealers who are under contract to the Miami Herald.
Mayor Ferre: That's fine, let them correct the law. I think it's totally
unacceptable. Go ahead.
Mr. Pierce: This one is again chained to the new signal light post.
Mr. Plummer: Look down the street.
Mr. Pierce: When you look down the street, you see some of those in a moment.
Again, this is a handicapped curb ramp cut here and the racks make it even
move difficult for access for anyone in a wheelchair.
Mr. Plummer: Let me ask you a question presently because you know, this is no
joking aside. This City has been plagued with law suits on sidewalks. We've
been plagued with them. Do they have to take out any kind of a permit to
drill into the public right-of-way? Because that is what they are doing.
Mr. Carollo: They have not ever done it.
Mayor Ferre: Oh, come on! Do you mean to tell me that they put these things
up without a permit?
Mr. Carollo: That is correct.
Mr. Pierce: Yes.
Mr. Carollo: No permit, no nothing.
Mr. Plummer: And they are drilled into the City sidewalk.
Mr. Carollo: It's unreal.
Mr. Pierce: This is the manner in which the yellow one in the preceding slide
was attached to the sidewalk. It's four bolts drilled into the sidewalk.
Mr. Carollo: How long are those bolts?
Mr. Pierce: I have no idea, Mr. Vice Mayor, but I would imagine they'd have
to be three inches at least to go in.
Mr. Plummer: The last four they got oil out of.
Mayor Ferre: The right word in the English dictionary is uberis; that is what
this is. In other words, a translation is you got a lot of....
Mr. Plummer: "Hutzpah"
Mayor Ferre: It takes a lot of hutzpah to do that.
Mr. Plummer: All you got to do is go to Miami Beach Commission for one
meeting; you learn all of those things.
Mr. Pierce: In all fairness, this slide I purposely included in here to show
that even though this would not be in accordance with the way the ordinance is
drafted, because we would allow only three in a single group, they can look
decent faced on the sidewalk. They don't have to be helter-skelterly placed.
This is a street in downtown where you got them grouped around a light pole
again.
Mayor Ferre: I don't mind that, because that's nor blocking a passage where
people walk in. What I think is totally unacceptable is that they chain these
things to public property and then between the chain, the box, and the pole,
that people can't pass.
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July 25, 1985
F
M
Mr. Carollo: You can't get through that side at all; look at that.
Mr. Pierce: This one is also blocking. The one at the far end beyond the
public telephone is an unusually large one that I believe is around five feet
in height ani it's right at the corner, so we see potential visual problem
there.
Mr. Plummer: Doesn't the Herald now have two different racks. Don't they
have a rack for the daily paper and a different kind of rack for the Sunday
because they're so big?
Mr. Pierce: I think they are using... there are all kinds, to be honest, Mr.
Plummer. That particular one would be probably placed at a very busy
location because it has a high capacity. I know some instances, for instance,
in front of a Denny's in 36th Street and Biscayne, where the Herald itself has
three particular racks side by side. This one is chained again to the poles
and got a weaving problem that I must admit in this case the postal service
is also contributing to the problem there. Here is one that is chained here
against... they're grouped around. You got a handicap ramp cut here... this
is downtown as well. That's a nice one we just showed again that they can be
made to be placed in a nice, orderly manner. Here's one that's chained to the
pole again. We got a visual problem at the corner. We got a handicap curb
cut here. Here we're chained to a tree. We're sitting on the grade. The
tree planting protective device there chained to a pole and grouped around
extending out into the sidewalk along the edge to allow maximum passage
of pedestrians. If we take a look down this particular sidewalk we can see
one chained here then another then another back against the sidewalk and he's
really narrowed the passage ways. That's the display on the newspaper racks.
In the next set of slides addresses the item 19, which is that of young
children being utilized to sell and distribute newspapers from the medians of
the streets. This is at the intersection of US-1 and Bird. These set of
slides was just taken yesterday. The previous set was taken on the rainy day,
Tuesday and some of them were really underexposed for that reason, we had no
light out there. This is a typical occurrence on any afternoon within the
City of Miami, again Bird and US-1. This is 27th Avenue and US-1. This one
is nice because it shows the flower vendor also parked and set up shop in the
median strip right at the edge of the intersection.
Mayor Ferre: I tell you, the sad part about all this, I got to tell you, and
I'm sure Carollo feels the same way is that you got a lot of young kids
trying to make -not a living, but they make a little money on this. But I
think it's just terrible that the Miami News, because that's the Miami News,
that's not the Herald- the Miami News allows these kids to risk their lives
that way. I wouldn't mind them standing on the sidewalk or you know... and I
know that they can't, but you see these kids zip in and out of traffic with 20
newspapers and some of these kids can't be more than 9, 10 years old. At
least if they're not 9 or 10, they got to be four foot high. See these little
kids, a 17 or 1S year old kid is different, but when you see an 11 , 12 year
old kid running through traffic with a handful of newspapers in the rain, it
really....
Mr. Carollo: Mr. Mayor, if I may introduce this picture into the record.
Mayor Ferre: Wait, let him finish his statement. What is that?
Mr. Pierce: This is right at US-1 and South Miami Avenue where there is no
median to stand on and this particular vendor is actually walking in the left
turn lane, the southbound traffic on to Miami Avenue.
Mayor Ferre: So what?
Mr. Pierce: Very hazardous. This one particular slide that I... this is 16th
Avenue and US-1. That's a car making a left -turn lane high speed off US-1 on
to 16th Avenue; that median is about a foot and a half wide.
Mayor Ferre: Is that a kid standing there?
Mr. Pierce: That's a kid selling newspapers.
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117
July 25, 1965
h
Mayor Ferre: There is a kid standing in the middle of the street. Is that
it? The point is that when they're turning off, they're turning off at high
speed and they can hit that kid.
Mr. Pierce: Mr. Mayor, if you live in the neighborhood, if you make that turn
and you're north -bound on US-1 and you'r:- making 9 turn to the west on 16th
t fast your car is going to be in trouble, maybe your
Avenue, if you're no
life. 22nd Avenue and US-1, these are high capacity arterial roads we're
dealing with.
Mayor Ferre: Go back to that slide; this one right there. See these kids
standing right in the middle of the road and cars are zipping by at 25, 30
miles per hour and they're missing these kids of six inches or a foot. Go on
to the next one.
Mr. Pierce: This is the kid that was standing in that little median before,
it's just three feet wide but that's the situation we refer to. That's it.
Mr. Carollo: Mr. Mayor, at this time, I'd like to introduce this following
picture as evidence. This picture was taken by Tim Shaftman of the Miami
Herald staff. It appeared in the Miami Herald on April 23, 1985 and it states
the following:
"Robert Brunson, a Miami News paperboy lies in the pavement after
being hit by a car at Northeast Second Avenue and 12th Street
Monday. He was treated at Jackson Memorial Hospital for minor
injuries."
I may give it to the Clerk so it be placed on file. Also would like to give
to the Clerk a study that was done by the D.D.A. One was done, I believe,
in 1980 and the other one is 1985 as to the different violations, should I
say the different areas of things that they found wrong with the newsracks
in their respective areas. Last but not least, Mr. Mayor, I'd like to
introduce these two pictures of this Miami Herald Newsrack that was used,
Mr. Mayor, in injuring, in fact, killing an individual with it.
Mayor Ferre: May I see those ones again?
Mr. Carollo: Mr. Mayor, I want to use them as evidence; they're pretty gory.
Mayor Ferre: I'm going to put them into the... as I understand this one was an
automobile that ran into... that's the Miami Herald rack, is that correct?
Mr. Carollo: That's the Miami Herald rack, Mr. Mayor. There is a police
report that specifies exactly how this happened that we will introduce as
evidence also to the Clerk. That's all that I have, Mr. Mayor, to introduce
to the Clerk at this time.
Mayor Ferre: Under discussion on ordinance on first reading, 18, any
questions? Mr. Manager, what's the recommendation of the administration on
this?
Mr. Pereira: You need to... this is a first reading, Mr. Mayor, you need to
set up a second reading public hearing on this item, sir.
Mayor Ferre: Does the administration have any recommendations at this point?
Mr. Pereira: We're recommending the item with a... and we're also putting in
a fee for the policing of...enforcement of the regulations as proposed in the
ordinance.
Mr. Plummer: Mr. Manager, is this any different than the normal? Is this any
different than the normal fee that would be paid by vending machines
presently? The vending machines today in the City to the best of my knowledge
pay a fee.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: This is a license fee to be used solely for the enforcement of
this ordinance. In other words, it's not a fee. We're not charging them the
right to put their stands. We're just charging them so we have the money for
enforcement purposes.
sl 118 July 25, 1985
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Mr. Pereira: The fee cost is directly, the money that it's going to cost us
to enforce the regulations there....
Mayor Ferre: To supervise and enforce. Is that different from other cities?
Mr. Pierce: To my knowledge that is the only thing the fee can be used for.
It should be universal. It's strictly to supervise, enforce, implement the
ordinance.
Mayor Ferre: That's not my question. !�y question is are there other cities _
in Dade County or Florida that have fees and regulations on these racks.
Mr. Pierce: Yes, there are.
Mrs. Dougherty: No, there are no cities in the State of Florida that charge
a permit fee. We will be the first one, except for Hallendale, which is
presently being challenged in the 11th Circuit Court of Appeals.
Mayor Ferre: Is our different from Hallendale's?
Mrs. Dougherty: It's more, yes.
Mayor Ferre: Does this exist in other states, Mrs. Dougherty?
Mrs. Dougherty: The regulations do exist in other states, yes.
Mayor Ferre: Obviously, you and your department have carefully drafted this.
In your opinion this meets the legal and constitutional requirements and you
are prepared to defend this in court?
Mrs. Dougherty: Yes, air, we're prepared to defend it.
Mayor Ferre: You feel that this is legally within the purview of what a City
government can do. Is that correct?
Mrs. Dougherty: Yes, sir, Mr. Mayor.
Mayor Ferre: Any other questions?
Mr. Plummer: The only thing that I don't see that I think is needed in here,
and I'll ask the City Attorney, Mr. Mayor, we have been, as I said before,
inundated with sidewalk accidents, I don't see anything in here, since you're
dealing with an independent, you're not dealing with a major company, but many
independents, that there is no indemnification of the City against a liability
caused by negligence on their part.
Mrs. Dougherty: There is.
Mr. Plummer: I don't see it spelled out in the main resolution.
Mrs. Dougherty: It's in the ordinance itself.
Mayor Ferre: Would you tell us what page it's on?
Mr. Pierce: On page 8.
Mrs. Dougherty: It's the owner...it's on page 7:
"Before issuance of any permit hereunder and before placement of
any newsrack on a public right-of-way, the distributor shall
secure and, during all periods of time in which the newsrack shall
be maintained upon the public right-of-way, shall maintain and
force in companies satisfactory the following types of insurance.
All such insurance policies all be issued by insurance companies
duly authorized to do business in the State of Florida."
There are two lengthy provisions about what kind of insurance and we are....
Mr. Plummer: We are adequately covered?
Mrs. Dougherty: Yes, air.
sl 119 July 25, 1985
Mr. Pereira: The fee cost is directly, the money that it's going to cost us
to enforce the regulations there....
Mayor Ferre: To supervise and enforce. Is that different from other cities?
Mr. Pierce: To my knowledge that is the only thing the fee can be used for.
It should be universal. It's strictly to supervise, enforce, implement the
ordinance.
Mayor Ferre: That's not my question. !�y question is are there other cities _
in Dade County or Florida that have fees and regulations on these racks.
Mr. Pierce: Yes, there are.
Mrs. Dougherty: No, there are no cities in the State of Florida that charge
a permit fee. We will be the first one, except for Hallendale, which is
presently being challenged in the 11th Circuit Court of Appeals.
Mayor Ferre: Is our different from Hallendale's?
Mrs. Dougherty: It's more, yes.
Mayor Ferre: Does this exist in other states, Mrs. Dougherty?
Mrs. Dougherty: The regulations do exist in other states, yes.
Mayor Ferre: Obviously, you and your department have carefully drafted this.
In your opinion this meets the legal and constitutional requirements and you
are prepared to defend this in court?
Mrs. Dougherty: Yes, air, we're prepared to defend it.
Mayor Ferre: You feel that this is legally within the purview of what a City
government can do. Is that correct?
Mrs. Dougherty: Yes, sir, Mr. Mayor.
Mayor Ferre: Any other questions?
Mr. Plummer: The only thing that I don't see that I think is needed in here,
and I'll ask the City Attorney, Mr. Mayor, we have been, as I said before,
inundated with sidewalk accidents, I don't see anything in here, since you're
dealing with an independent, you're not dealing with a major company, but many
independents, that there is no indemnification of the City against a liability
caused by negligence on their part.
Mrs. Dougherty: There is.
Mr. Plummer: I don't see it spelled out in the main resolution.
Mrs. Dougherty: It's in the ordinance itself.
Mayor Ferre: Would you tell us what page it's on?
Mr. Pierce: On page 8.
Mrs. Dougherty: It's the owner...it's on page 7:
"Before issuance of any permit hereunder and before placement of
any newsrack on a public right-of-way, the distributor shall
secure and, during all periods of time in which the newsrack shall
be maintained upon the public right-of-way, shall maintain and
force in companies satisfactory the following types of insurance.
All such insurance policies all be issued by insurance companies
duly authorized to do business in the State of Florida."
There are two lengthy provisions about what kind of insurance and we are....
Mr. Plummer: We are adequately covered?
Mrs. Dougherty: Yes, air.
sl 119 July 25, 1985
Mr. Plummer: The other question, you have put in here that in clusters of
three. What happens, is there a priority of who gets in that cluster? I mean
is it a first come, first serve?
Mr. Pierce: First come, firs'. serve.
Mr. Plummer: O.K., so it is possible in the downtown area....
Mayor Ferre: What happens when you have four clusters there already?
Mr. Plummer: You can't; he said no more than three.
Mayor Ferre: No, listen to the question, what happens if there are four
today clustered there? We pass this on second reading; it becomes law 30 days
after. Who decides which of those four will remain as three?
Mr. Plummer: Based on permit.
Mr. Pierce: First one, first serve. First one in with the permit....
Mayor Ferre: How do you know who got there first?
Mr. Pierce: First one in with the permit. No existing rack would be
grandfathered.
Mayor Ferre: Suppose we pass the law and on the 30th day, when it becomes law
and the Clerk opens at 8:00 o'clock and every one of the newspaper companies
is here with their lawyers and their check. Now, how do you decide?
Mr. Plummer: Who's got the biggest check.
Mr. Pierce: How about a lottery? But I'll let the attorney answer that.
Mr. Plummer: He's making a good point, because you know you got the Wall
Street Journal now; USA Today has racks; Miami Review has racks; Community
newspaper has racks; the Jewish Floridian has racks.
Mr. Pierce: Mr. Plummer, to further respond to that question, only three are
allowed in a cluster in a group, but groups can be separated by a minimum of
50 inches, so they could be in the same general area.
Mr. Plummer: 50 inches?
Mr. Pierce: Yes, minimum 50 inches.
Mr. Plummer: Four feet?
Mr. Pierce: Yes.
Mr. Plummer: We've not accomplished a thing.
Mr. Pierce: Oh, yes.
Mr. Plummer: You've not accomplished a thing. That's two chairs wide. You
can have three there, three there, three there. What you're saying to me in
the length of the row of that chair you can have fifteen paper racks.
Mayor Ferre: This is on first reading. Read it over and tell us your
considered opinion. Any further discussion?
Mr. Carollo: I think the only question lies is on the fee we are going to
post. The fee can only be used to pay for the enforcement of this ordinance.
What it comes down to is how regular an enforcement do we want of it?
Mayor Ferre: Every five minutes.
sl
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120 July 25, 1985
3
Mr. Carollo: I know for a fact, Mr. Mayor, that the enforcement of the trash
and garbage laws of this city is enforced on a weekly basis. In some
neighborhoods like ours on a daily basis. Mr. Manager, have you all done some
research into what would be practical to impose in as far as weekly basis,
monthly, quarterly.
Mayor Ferre: And also the cost; I mean how much is this going to cost? The
fee has to be based on what it's going to cost.
Mr. Plummer: Does this ordinance speak to the advertisement we're now seeing
on the side of it?
Mr. Pierce: No, it stipulates that must be on the side of each rack, but it
doesn't prevent advertising.
Mr. Plummer: On public right-of-way.
Mr. Pierce: Good point.
Mayor Ferre: That's a separate issue. I think that is one that I'm willing
to visit. If they're going to advertise or put anything....
Mr. Carollo: Yes, they're like mini billboards.
Mayor Ferre: That is a separate issue. We'll get to that next; one step at a
time.
Mr. Plummer: We're only allowed to have ten in Miami.
Mayor Ferre: Is there a motion to this ordinance on first reading?
Mr. Carollo: There is a motion to this ordinance on first reading.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion?
Mr. Carollo: Yes, Lucia, we can revisit the amount of dollars at the second
ordinance? In other words, we can lower it or raise it?
Mrs. Dougherty: Yes, sir, Mr. Vice Mayor.
Mayor Ferre: As long as it is not a substantial change.
Mr. Carollo: What is the administration stating to us that is costing us for
a monthly inspections?
Mr. Pereira: We have looked at three alternatives. On a monthly inspection
we're looking at $100 per newsrack fee. On a quarterly inspection we're
looking at $50 per newsrack. On a biannual inspection we're looking at $7.50
per newsrack.
Mr. Carollo: Lucia, if we go with the monthly inspection now we could always
change that at the next hearing?
Mrs. Dougherty: Yes, sir.
Mr. Carollo: So the monthly inspection will reflect that it would be $100.
Is this in the ordinance?
Mr. Pereira: That should be part of the backup material that you have.
Mrs. Dougherty: The ordinance reflected seventy five so we'll change that by
interdelineation to $100.
Mr. Carollo; Very good, in the meantime, the administration can revisit this
area to see how much enforcement do we have in other areas of the City of
Miami, like trash and so on. It's on on a monthly, quarterly enforcement or
more. No further discussion, Mr. Mayor.
sl 121 July 25, 1985
Mayor Ferre: There is a motion and a second. Read the ordinance, please.
Call the roll, please.
AN ORDINANCE ENTITLF..D-
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 OFF 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 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.
70 DISCUSSION: REGULATION OF STREET VENDORS INCLUDING NEWSPAPERS SOLD BY
MINORS
Mayor Ferre: On item 19, Commissioner, I think you need to pass a motion.
Mr. Carollo: On 19, what we need to do, Mr. Mayor....
Mayor Ferre: First of all, it's an enforcement issue, because we do have laws
that are being violated.
Mr. Carollo: We have the laws for 19 already. What we have to do is pass a
motion instructing the City Manager to immediately enforce the law in as far
as to vendors in the City streets. If it means arresting individuals after
warning or taking them into Youth Hall and calling their parents....
Mayor Ferre: I think we have to be very careful on a public relations
approach because obviously, you know exactly what the Miami News is going to
do, don't you? And they're going to try to appeal. I think we need to do
this so that it isn't used in a demagogic way.
Mr. Carollo: They're going to do that anyway, Mr. Mayor, but you're right.
Mayor Ferre: I think we need to approach it as softly as possible.
sl 122 July 25, 1985
Mr. Plummer: I would be opposed to the kids -you know, they're the innocent
that are being out there. If you want to address the person who put them out
there as being responsible, that's a different story.
Mr. Carollo: That's what I'm referring to, J.L.
Mr. Plummer: Not the kids.
Mr. Carollo: In fact, I would be more than....
Mr. Plummer: If those kids had their choice, they wouldn't be there.
Mr. Carollo: I would be more than happy to make a motion after this one that
the City of Miami would try to find some part-time safe employment for these
kids somewhere in the City.
Mayor Ferre: I think that is a very good suggestion because I don't know what
those kids make, but I guarantee you....
Mr. Carollo: A nickel per paper.
Mayor Ferre: I guarantee you it's not very much.
Mr. Carollo: It's not.
• Mayor Ferre: And these little kids for 4, 5, 10, or 15 bucks are out there
risking their lives. You see those little children, and they are children -
teenagers are different- the ones that under... that seem to be sub -teen;
they're four feet high and you see these kids zipping in and out of that
traffic. For the five or ten bucks that they're making they risk their lives.
It's just unbelievable. We need to figure out a way to employ these kids
somehow on a part-time basis and give them an alternate source of income
without jeopardizing their lives the way they are risking their lives. Go
ahead and make your motion.
Mr. Carollo: Mr. Mayor, this motion will instruct the administration to
enforce the law relating to vendors in the City of Miami streets and at the
same time will ask of the City Attorney to research the law in as far as to
establishing an ordinance, if we do not have one, to take the appropriate
action in as far as the street distributors.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 85-843
A MOTION INSTRUCTING THE ADMINISTRATION TO ENFORCE
OUR LAWS IN CONNECTION WITH VENDORS OPERATING IN CITY
OF MIAMI STREETS; FURTHER REQUESTING OF THE CITY
ATTORNEY TO FURTHER RESEARCH THE LAW IN ORDER TO DRAFT
AN ORDINANCE IF ONE DOES NOT PRESENTLY EXIST, WHICH
WOULD REGULATE NEWSPAPER DISTRIBUTORS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote-
sl 123 July 25, 1985
e
W
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. Carollo: My next motion, Mr. Mayor will be that once we start to enforce
this ordinance, which I hope will be immediately, Chief, to instruct the City
administration to immediately try to find some part-time, safe jobs for these
young kids within the City of Miami or other City of Miami sponsored agencies.
Mayor Ferre: We're talking about the kids; we're not talking about the guys
that are behind them.
Mr. Carollo: No, just the kids.
Mayor Ferre: Is there a second? He's recommending that we help get these
kids to get part time jobs.
Mr. Carollo: Second by Dawkins.
Mr. Dawkins: Second.
Mr. Perez: Sure, second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 85-844
A MOTION OF THE CITY COMMISSION DIRECTING THE
ADMINISTRATION TO ENSURE THAT ONCE AN ORDINANCE IS IN
PLACE REGULATING NEWSPAPERS DISTRIBUTORS, THE
ADMINISTRATION SHALL PROCEED TO IDENTIFY SOME PART-
TIME, SAFE JOBS FOR THE YOUNG KIDS PRESENTLY SELLING
NEWSPAPERS ON CITY STREETS.
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.
Mayor Ferre: I think you need, Carollo, a vote. You need to also make the
motion that the administration write a letter. Carollo, the administration
needs to write a letter to these people that have these racks that are bolted
to the street without a permit and that are using public property without
permission, that I think Lucia, that's a violation of the law itself. Isn't
it? Why don't you look into it and come back whether it is or it isn't a
violation.
Mr. Carollo: I think that if it is, Mr. Mayor, the administration would take
the appropriate action on that.
sl 124 July 25, 1985
71 PERSONAL APPEARANCE: SILVIA A. ALVAREZ -FUNDING REQUEST FLORIDA CAREER
COLLEGE- REFERRED TO CITY MANAGER
Mayor Ferre: We're now on item number 20 which is Silvia Alvarez and the
Florida Career College. We now have a full Commission. The last time Ms.
Alvarez asked that all five of us be here.
Ms. Elena Villegas Alan: Good afternoon, my name is Elena Villegas Alan. I
am an attorney and I represent Florida Career College. We are at this time
asking the City for a loan from the City of Miami in the amount of $150,000.
This is an emergency matter. The college has been in operation for twelve
years and it provides the community with quality education. I have here with
me the president of Florida Career College, Mr. Michael Alvarez, who would
like to address the Commission.
Mr. Michael Alvarez: Good afternoon, I'm Michael Alvarez, president of
Florida Career College. At this point, we have a situation in the college
where we are impelled to request a loan from the City of Miami from the
community development. The reason is that we were prepared for larger
enrollment in past previous years and at this time our enrollment has been
lowered due to more schools and due to the impact of the Marielitos already
has been taken care. We have an authorization from the federal government,
which I'm holding in hand, for $300,000. This authorization is to begin July
1, 1985 through the year of June 30, 1986. We'll be employing about 30 people
full time and part time. We are also offering to the City of Miami 50
scholarships per year with a value of approximate $2000 per student, including
the books. I think the community, any community is measured by the
educational facilities that it has to offer to the citizens. We being a
minority school, I think we are providing and we have been providing a service
for twelve years to the Little Havana community and to other minorities.
That's why we are requesting a loan. We have all the equipment necessary to
offer in the facility. The school has been established for twelve years.
Actually, it was the first Spanish accredited school in this area that
achieviced accreditation. At this moment we are a four year institution to
offer from vocational courses where we offer dental assistant, dental
technology, medical assistant, EKG technicians, computer programming, business
administration, electronic engineering; so it is a barrage of vocational
courses that we offer and we have been providing employment in an average of
70% of our graduates. I think we are an asset to the community and not a
liability. We would like to request the loan and to pay it back in seven
years or before that time.
Mr. Carollo: What is the recommendation of the administration on this?
Mr. Pereira: Mr. Vice Mayor, we have received the information for the
additional $75,000 as well as the other information on a letter yesterday.
During the day today, I have -you know, we need to gather more information.
My understanding is that the school might be operating under Chapter 17 or
Chapter 7.
Ms. Elena Villegas Alan: We are under reorganization.
Mr. Pereira: There are some implications. I don't feel comfortable making a
recommendation at this time until we are able to get all the pertinent
information that relates to the operation of this organization.
Mr. Alvarez: May I clarify something? At this point, I can show the Manager
and to the Commission that we have a letter of credit from the federal
government of $300,000 in my hands.
Mr. Pereira: My questions... if you went to a bank today and you met with a
loan official, I can assure you that you are not going to get a decision at
that time, that all the documents have to be reviewed. I want to be fair and
be able to review it and see what can be worked out. Certainly, there are
several avenues that we can pursue, but we need all of the pertinent
information, not just receive a letter and really ask us to act just by
sl 125 July 25, 1985
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receiving that. I'm willing and open to review it and get all the information
because there are some legal... if you are under reorganization, I don't know
what kind of consequences that would have in the avenues that we might have in
order to provide that loan to you whether it's Miami Capital or through
community development or what have you, and all those need to be researched.
Mr. Carollo:
The problem that we have, madam, is
that we have a standing
resolution that
states
that before this Commission can
take any action on any
such request, we have to have the recommendation of
the Manager and you have
to follow that
policy.
I don't see what really we
can do without following
those channels
that
have been established by
the Commission. We've
established it;
we have
to go through the Manager. The Manager has to give us
a recommendation
before
we can azt upon it.
Mrs. Silvia Alvarez: I just want to make it clear to the Manager that unless
we receive these funds the college will close its doors. It's just a pity
that has to happen to an institution that has served this City for twelve
years. I just think that wee have provided the Manager with....
Mayor Ferre: Ms. Alvarez, when I talked to you today, I asked you if you had
the administration's recommendation. You said you did.
Mrs. Alvarez: No, I said that we were getting it, not that we did.
Mayor Ferre: That you were going to get it, so Mr. Manager, is the
administration recommending this?
Mr. Pereira: No, the administration, as I said earlier, we received a package
yesterday requesting $150,000. There are a series of questions that we have
that relate to the fact that they're under reorganization now....
Mayor Ferre: What do you mean reorganization, Chapter 11?
Mr. Pereira: Chapter 11 or Chapter 17.
Ms. Alvarez: Chapter 11.
Mr. Pereira: I don't know the legal implications that it would have if we
process this kind of... with the avenues and the resources that we have.
Whether we could do it or not do it, either through Miami Capital or community
development or what have you. All I'm asking is that we are given the
opportunity to ask all the pertinent questions.
Mayor Ferre: Mr. Manager, that I can recall to you and your predecessors, no
one in this Commission has ever not let the administration look into this,
especially when you have someone in the bankruptcy court. I don't know how
many colleges there are in Miami like this. There must be 30 or 40 that I
know of. If we were to lend $150,000 to all 30 or 40 of these institutions,
we wouldn't have enough money to do this.
Mr. Plummer: My understanding is this would not come from City, it would come
from Miami Capital.
Mayor Ferre: I understand it's from Miami Capital. But where does Miami
Capital get its money?
Mrs. Alvarez: Mr. Mayor, we also have $300,000 approved in grants from the
federal government, so we would not be working only with the money the City
provides us.
Mayor Ferre: As I told you this morning, I am supportive. I will be
supportive if the administration recommends it. It's that simple. If the
administration does not recommend it, then I'm not supportive of it. I don't
have enough time or ability in my staff to go through someone, a petition like
yours. We've done this several times before, but it's not our final decision;
it is Miami Capital's decision. All we can do is recommend, but I'm certainly
not going to do it without the administration's recommendation.
Mr. Pereira: Mr. Mayor, the problem that I have is that we don't have, we
haven't been able to sit down and ask all the pertinent questions. I'm not
sl 126 July 25, 1985
prepared to make a recommendation for or against at this point, because we
need to research a lot of the things that have been put here on the table.
Ms. Alvarez: Mr. Mayor, if I might be heard, even if you do recommend and
there is something that goes wrong and we can't go through with it, then the
loan won't go through. The Commission, might, recommend but doesn't necessarily
mean that the loan....
Mayor Ferre: Mrs. Alvarez, the City of Miami is not a bank. We're not in the
business of lending money to companies that are in bankruptcy court.
Mrs. Alvarez: I realize that.
Mayor Ferre: That's not what we do. We do other things. We render services
like police, fire, parks.
Mrs. Alvarez: In this case, you'd really be a service to the community due to
the amount of students....
Mayor Ferre: I understand that is your position. I accept that, but it has
to be with the concurrence of the administration and of course the lending
organization, which is Miami Capital, which this Commission doesn't control.
Believe me we don't control it. There are bankers who serve on bank, Pan
American Bank, Southeast Bank, Barnett Bank, Flagship Bank, and all these
different banks, People's Bank and they all volunteer their time as a lending
committee and this would have to go through that lending committee and they
would have to approve it.
Mrs. Alvarez: Exactly, that's exactly what I'm saying. Even if you do
recommend, that does not mean that we will get the loan. There are other
channels that we have to go through, but without the recommendation we have
no where to move and this would be the only way we could move forward, if the
City....
Mayor Ferre: You got me as long as you got the Manager. When you came to me
this morning....
Mrs. Alvarez: Do you understand what I'm trying to say, Mr. Mayor? Mr.
Manager?
Mr. Pereira: You're not listening to me. I'm saying that if we're able to
analyze the material that you sent us, if you sit down with us and give us all
the information, we might be able to make a recommendation to Miami Capital,
just a recommendation to be processed, because that has its own process.
Mrs. Alvarez: Do you need the Commission to make that recommendation? Can
you make... It's very hard....
Mr. Plummer: She can make a direct application.
Mr. Pereira: You can make a direct application, but we will help you in
processing it, in putting all, and answer all the questions that they're going
to ask you so that you don't get caught up in any bureaucratic delay.
Mrs. Alvarez: See, unless this grant letter or letter of credit is processed
in 30 days, we will lose the grants.
Mr. Pereira: Ma'am, you know, obviously....
Mr. Alvarez: I realize what you're saying, we have not given you enough time,
but sometimes....
Mr. Pereira: I'm being positive with you. I'm saying that we will help you
r process it. We'll get all the answers that you're going to need and we'll
take you through the process of Miami Capital, of which we have no control
because as the Mayor has explained to you, they have their own set up, but we
will be your applicant.
Mrs. Alvarez: But without a recommendation do you think it will go?
al 127 July 25, 1985
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Mr. Pereira: You're not listening to me. I said we will be your applicant if
everything is in order. That's what we're asking for. -
Mayor Ferre: Is there anything else, Mrs. Alvarez, that you want to add?
Mrs. Alvarez: That's all. _
Mayor Ferre: good luck tc you. We wish the best for you. I hope that you
get the Manager's recommendation and I hope that Miami Capital comes through.
I hope you get out of bankruptcy court and I hope you get your federal grant.
72 FIRST READING ORDINANCE: CABLE COMMUNICATIONS ACT OF 1984 CITY OF MIAMI
CABLE TELEVISION LICENSE
Mayor Ferre: We're now on item 23, Cable Communications Act of '84.
Mr. Pereira: Mr. Mayor, Assistant County... Assistant City Manager Jack Eads.
I just promoted Jack.
Mayor Ferre: I wouldn't call that a promotion.
• Mr. Pereira: I just changed where he works from the City to the County. We
have been in negotiations with Miami Cablevision for the last several weeks
addressing some of the new changes and regulations and a lot of pending items
that we had. I believe that he and Sue Smoller have done an outstanding job
in what I consider a give and take negotiations. I will ask Mr. Eads to brief
the Commission as to what are the agreements and which particular item were
able to be resolved.
Mr. Jack Eads: Mr. Mayor, members of the Commission, essentially you have
before you an ordinance that is culminated many hours of negotiations between
the Miami Cablevision and the City of Miami. It comes as a result of three _
things. First, is the Federal Cable Communications Act of 1984, which became
effective in December of last year, the county's ordinance, and the fact that
the City has had three years of experience to take a second look at our
ordinance and see if there is anything that we need to do and to request by
the cable communications operator, cable T.V. operator to ask us to take a
look at the ordinance. The first change is the result of the county
ordinance. The county has adopted an ordinance that has precedence over the
City and they have the opportunity of having first priority on our ordinance
revenue. What we've worked out with the county, and they're trying to do this
on a uniform basis county -wide, what we've worked out with the county and the
City is an agreement where they will take 2% of our revenue, return 1% to us,
which we will use to continue to do the regulation. In return for their
taking that 1% of revenue they will assume the function in the MCAC in
providing the educational access to the cable T.V. network and it will be done
on a county -wide basis, rather than on a City-wide basis. The second element
of the ordinance deals with the Cable Communications Act of 1984. The
significant change that affects the City in that area deals with the 5%
license fee and prepayments that we require against the total 5% revenue which
is due over the life of the agreement. Any prepayments that are made in
advance of that 5% may be subject to interest. The operator in essence is
permitted to receive from the City the time value of those payments that are i
paid in advance. In effect we become a bank for those free payments. What we
have done at this point in the conclusion we've arrived at for your
consideration is not requiring the operator to make any more prepayments
against the license fee, allow his revenues to catch up and become equal to
what the prepayments that have been made to date and then at that point, he
would be making 5% payments to the City. The third element is the security
fund. The cable operator has on deposit with the City $2,000,000 to insure
that the system is adequately built and constructed to the standards that are
specified. 50% or a million dollars of that fund is reimbursable to the
operator during the sixth year of the license. He's requested that the City
reimburse that one million dollars at the point where the system is
constructed to our satisfaction and to our specifications. We don't object to
refunding that money since the intent is to have the system up and operation
al 128 July 25, 1985
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and inspected and it will continue to hold the second million dollars
throughout the life of the agreement. Those three major elements are
incorporated in the ordinance that is in front of you. I'll respond any
questions.
Mr. Plummer: Mr. Manager, are you recommending this adoption?
Mr. Pereira: Yes, sir, I've had an opportunity to review this with both
parties and I believe that we mutually benefit by this recommendation.
Mayor Ferre: Mr. Eads, I have just one question dealing with public access.
Are we turning over all public access matters to the county?
Mr. Eads: The educational access portion and ..... Education in public
access would be turned over to the county, yes, sir.
Mayor Ferre: To Metropolitan Dade County or to the School Board?
Mr. Eads: It'd be turned over to Metropolitan Dade County.
Mr. Pereira: But it would be done through the schools.
Mr. Eads: It would be through a committee effort similar to the MCAC board
that you have....
Mayor Ferre: So Metro would have control, then and they would set the policy
and they would decide how it would be done and whether or not they were
televised Commission meetings, or what.
Ms. Smoller: No, not necessarily.
Mr. Pereira: Wait, let Sue explain that.
Ms. Smoller: Mr. Mayor, there would be an organization set up that would have
the same members that are on the MCAC now - the representatives from the seven
universities and colleges and the School Board. That would organization would
have very similar purposes to the MCAC, but they would, with the City input
and with the County input, make the decisions. Now, the School Board and Anna
Brenner Meyers Telecommunications Center would be the focal point of carrying
out.
Mayor Ferre: No, now answer my question. Let me repeat it to make sure that
we are communicating. If you don't understand it, please ask me to expand or
change it. We have a cable television ordinance and there is a company that
renders a service to us. There is public access that exists. We are turning
this over to Metropolitan Dade County and they are getting the 1% to supervise
and what have you. Who decides whether or not the City Commission meeting is
going to be televised.
Ms. Smoller: That would be the City Commission. Yes, that would have nothing
to do ... this is just the educational public access.
Mayor Ferre: If the educational television channel decides that they want to
have a camera here to televise every nuance of what is going on at the
Commission level - they don't do that?
Ms. Smoller: No, certainly no. They would not have that power.
Mayor Ferre: Who decides whether or not there is going to be a too way little
black box so that there can be public polling?
Ms. Smoller: That would be the City Commission. That has nothing to do it.
Mayor Ferre: They couldn't do that?
Ms. Smoller: Yes, they could not do that.
Mayor Ferre: Well, but see, we are turning it over to Metro.
ld 129 July 25, 1985
:.
Ms. Smoller: No, they cannot do that.
Mr. Plummer: All we are giving them is public access.
Mayor Ferre: I want to make sure that is all we are doing, J. L.
Ms. Smoller: They could not, sir.
Mayor Ferre: Now, suppose that they want to have, and by the way, so that the
record is straight, I was in New York the day before yesterday and came back
and got to my room at 12:00. I turned on the television to see if there was
any news, and there it was again, all these naked women and men playing games!
Mr. Plummer: Yes, but Ferre, you are paying $5.45 for that!
Mayor Ferre: I wasn't paying anything! I want to tell you it was on channel
... I want to tell you what it was! Channel 22 in my hotel room at the Harley
Hotel. I turned it on, and there it is!
Mr. Plummer: If I find out what you charged to the City again ...
Mayor Ferre: I want to tell you, I don't care if they were good looking
people, but those horrible people, naked! ... sitting there, and you know,
playing around with each other, this is ugly!
Mr. Carollo: You saw that much of it, hey, Maurice? You saw that much of it?
Mayor Ferre: Absolutely! Absolutely, I turned it ...
Mr. Carollo: You wanted to make sure you could tell us about it, how bad it
was? Okay!
Mayor Ferre: I want to tell you, it was ...
Mr. Plummer: Hey, Joe, wait until you find out ...
Mayor Ferre: Wait a minute, let me finish! This took about 30 seconds, and I
saw enough to turn that thing off. I left it on to make sure I was seeing the
right thing.
Mr. Carollo: For how long did you turn it off, Maurice?
Mr. Plummer: Six hours he watched it to make sure he was seeing what he saw!
Mr. Pereira: Is that what you called me? If that is when he called me, he
said tune into Channel 22.
Mayor Ferre: I want to tell you, the time was 11:35 - Channel 22 in New York
and it says public access channel, and there it was!
Mr. Carollo: Well, I make a motion that before every Commission meeting we
send the Mayor to New York to the Harley Hotel.
Mayor Ferre: Wait until the truth is found out it wasn't the television - he
was looking in a mirror!
Mayor Ferre: I want to tell you it was the ugliest thing I ever have seen!
Mr. Carollo: Anybody you recognized, Mr. Mayor?
Mayor Ferre: Anyway, I want to make sure that we are not ...
Mr. Plummer: Any of your old friends from Miami?
Mayor Ferre: ... turning any of this over to the County.
Ms. Smoller: I think this is a responsible situation. I think the emphasis
would be on educational and community programming and that I couldn't believe
that that sort of production would be taking place at Anna Brenner Meyers.
sl
130 July 25, 1985
Mayor Ferre: I want to record to reflect that my vote is based on the premise
that Metropolitan Dade County or the School Board does not have the decision
on giving public access time to a bunch of people playing around in the nude;
that I hope that we are nit giving them the right to do instant polling with
the little black box, and that we are not giving them the right to play —
politics with this channel. I mean, my vote, on the record, is based on that
understanding, that we are dealing with those issues. Okay, I am ready to
vote.
Mr. Perez: Do you have any limitations in reference to the activities that
the cable industry can cover in reference to the public activities of members
of this Commission? Do you have any restrictions on that one?
Ms. Smoller: I am not quite sure of the thrust of your question.
Mr. Perez: I would like, I think that you know better than I what I am
talking about, but anyhow, what I would like to leave for the record, is if
you know about any limitations or restrictions for the cable company in
reference to the activities - the public activities of any member of this
Commission.
Ms. Smoller: There are F.C.C. restrictions over programming that would appear
on the cable company that was local origination of the cable company, and of
others, that is obscenities prohibited, indecency is prohibited. There are
political cable casting regulations as well, and those are very ...
Mr. Perez: Yes, but I am talking about public activities of members of this
Commission.
Ms. Smoller: No ...
Mr. Perez: You don't have any restrictions?
Ms. Smoller: As far as I know, there are no restrictions on public
appearances of any of the Commissioners.
Mr. Perez: Okay, Mr. Manager, could you let me know, I would like to have
opportunity to review a statement that Sue made about three or weeks ago in
reference to a cable transmision that implied, something about our own
activities, and she made some public statement before the Miami Herald, I -
don't know if it is a personal statement, but I think it is an official
statement on behalf of her position and in behalf of the City Administration
and I would like if possible, if you have opportunity to review the statement
that she made.
Mr. Pereira: What was the statement, sir?
Mr. Perez: It was a statement that she made at the time that one of the
political opponents mentioned that they create some kind of conflict of
interest at the time that they cover public events where I was, and she made a
statement, made two or three different statements, I don't have in front of
me, but I would like if possible that the Manager check that and let me know
about this because I think that it is important that ...
Mr. Pereira: We will review it and sit down and discuss it with you, sir.
There is no question about that.
Mr. Perez: Okay, because I suppose and I understand when they make any public
statement in reference to an issue, they are supposed to ask the
Administration, no?
Mr. Pereira: You have my commitment that we will review it and I will get
back with you.
Mayor Ferre: Sue, again, the program that I saw three or four years ago, and T
the program that I saw the night before last was in the public access channel.
That is why there was a problem, and what it is evidently, it is this guy in
New York who has these programs and all these nude people just sit around
talking and they start playing around. It has no saving grace, it has no
ld 131 July 25, 1985
subject, there is no ... and it is a discussion of free love and sex and I
just hope that we can avoid that kind of a thing in the public access channel
in Miami.
Ms. Smoller: I am sure that will be the case, sir. Positive.
Mayor Ferre: Because, that is what we are talking about and that is what we
are turning over to Metro and they may not have the same feeling about this
that the City of Miami Commission does.
Mr. Pereira: You made me feel so bad!
Mayor Ferre: You understand?
Ms. Smoller: Yes, I do.
Mayor Ferre: All right.
Mr. Pereira: Mr. Mayor, also want the record reflect that there is one
pending issue that we are still working very hard to resolve that hopefully we
will have it resolved when this comes up for second reading and I just want to
make that known.
Mayor Ferre: Okay.
Mr. Carollo: Mr. Manager, what hotel do you stay in when you visit New York?
Mr. Pereira: Let the record also reflect that I stay in a different hotel
than the Mayor did! (LAUGHTER) And he called me at 12:00 to tell me to tune
in Channel 22, which I didn't have! .
Mayor Ferre: Let the record reflect that everybody in New York City who has _
cable television can watch that channel, and I will tell you, if you watch it,
you would be just as disgusted, as I am sure anybody else who saw that. It
was unbelievable.
Mr. Carollo: Well, we will watch that for 30 minute, Maurice.
Mayor Ferre: Unbelievable! All right, now, do we have a motion on this?
Mr. Plummer: So moved. Maybe somebody wants to speak in the public.
Mr. Gary Smith: My name is Gary Smith. I am the Executive Director of the
M.C.A.C. and I would like to just oppose ... .is that we are a group that was
organized by the City Commission as an independent third party corporation for
public access in the City of Miami. As an independent third part corporation,
what you are about to vote on directly affects the corporation that I am the -
Executive Director of. What we would like to do is be assured that we get
copies of the changes that have been proposed. We have not yet seen them and
in as much as we are directly affected, we would like to have the opportunity
to go over those and be available for the second reading.
Mr. Plummer: Well, it is my understanding, that with the local origination
channel, where these people had asked for great deal of money for setting up
there own, it will now be eliminated and it will be going over to the Anna t
Brenner Meyers Studio, is that correct?
Ms. Smoller: This was discussed with both the Chairman and M.C.A.C. board and
Mr. Smith and these discussions have been taking place for over a period of
time. I think Mr. Smith is alluding to the fact that he has not seen the
exact ordinance because that was drafted yesterday.
Mr. Plummer: You had in your budget, as I recall, about $750,000 to establish
your own local originating studio, is that correct?
Ms. Smoller: This is for City departmental programming.
Mr. Plummer: For the City department, okay, but that is basically now is
going to be eliminated.
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Mr. Smoller: What this is being eliminated is separate. This is a different
... this is a whole other set of studios.
Mr. Plummer: Okay, but how much did you have in your budget to start a local
originating studio?
Mr. Smith: Well, according to the first year's budget, as dictated by the
ordinance, we were guaranteed $200,000 a year for the first five years of the
ordinance.
Mr. Plummer: Okay, but in other words, that is going to be eliminated now.
You won't have to create that studio.
Mayor Ferre: That is right.
Mr. Plummer: At at the Anna Brenner Meyers, well then I hope the City will do
the same damn thing!
Ms. Smoller: Yes, we have contracted ...
Mr. Plummer: Because the City has $750,000. How many years have you been in
existence?
Mr. Smith: We have been in existence three years.
• Mr. Plummer: So, that is $600,000.
Mr. Smith: No, sir, we have never received any allocation.
Mr. Plummer: Well, but I am saying, it is committed money that would have
been spent if we don't use the facilities of the Anna Brenner Meyers, which is
the best one in South Florida!
Mr. Smith: That is precisely why we would like to just take a look at the
ordinance, sir.
Mr. Plummer: Yes, okay.
Ms. Smoller: Commissioner Plummer, what is being deleted in the ordinance is
$2,000,000 in capital equipment for the M.C.A.C. and $1,000,000 a year in
operating expenses.
Mayor Ferre: We need to move along now. Is there any further questions on
this item before us. It has been moved and duly seconded.
Mr. Plummer: I moved it.
Mayor Ferre: Is there a second?
Ms. Hirai: No, air.
Mayor Ferre: Plummer moved, is there a second?
Mr. Perez: Second.
Mayor Ferre Perez seconds. Further discussion? Read the ordinance.
ld 133 July 25, 1985
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CITY OF MIAMI CABLE TELEVISION
LICENSE ORDINANCE NO. 9332 BY PROVIDING FOR THE
;`I,LETION OF SECTIONS 402 AND 403 DEALING WITH THE
ESTABLISHMENT OF `THE COMMUNITY ACCESS CORPORATION AND
SUPPORT THEREFOR; FURTHER PROVIDING FOR THE DELETION
Or SECTION 404(b) DEALING WITA THE SUBMISSION AND
APPROVAL OF A PLAN BY THE LICENSEE WITH RESPECT TO THE
DOLLAR COMMITMENT FOR SUPPORT OF LOCAL ORIGINATION
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
THE SECURITY FUND TO $1 MILLION AT THE BEGINNING OF
THE SIXTH YEAR AND SUBSTITUTING THEREFOR 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
SEVERABILITYs CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Perez and passed on its first reading by title 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
ON ROLL CALL:
Mayor Ferre: With the stipulations that I stated before "yes".
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.
73. FESTIVAL FUNDING POLICY - DIRECT CITY MANAGER NOT TO EXPEND ANY FUNDS
UNLESS REQUEST IS REVIEWED AND DECIDED UPON BY THE CITY COMMISSION ON AN
INDIVIDUAL BASIS.
Mayor Ferre: All right, we are now on Agenda Item 24, festival funding
policy.
Mr. Pereira: Mr. Mayor, at the last Commission meeting, I stated to you that
we will look at special programs and events funding policies. We have given
you a memorandum which outlines a process to evaluate all funding requests and
special programs and events and basically, it will be two categories -
community programs and events, with a maximum amount to be granted of $10,000
and a tourism economic development activities of $50,000 maximum. This
request will be evaluated on a quarterly basis and on community programs and
events and will be awarded on a one-time basis only and the tourist and
economic development activities will be ... the request will be considered on
an annual basis so at least we have an idea of what kind of funding request is
there. We are proposing a review committee, not only of people from the City,
ld 134 July 25, 1985
but also representatives of the community in order that we could try to put
some order to request for funding received by the Commissioners.
Mayor Ferre: All right, questions from members of the Commission?
Mr. Plummer: Mr. Manager, I have read over your memorandum, and I find a lot of discrepancies in the memorandum. For example, as to how you delineate
clearly what is the difference between a festival and a tourist promotion.
You know, I have to admit up front that I am just scared to death that we are
opening up Pandora's box again and that this year once again we are going to
be giving away $3,000,000! Now, you know, I just don't know how you can say
"yes" to some and "no" to others, and that is what it is going to have to come
down to! I feel, let me just tell you this ... I think that anything that the
City of Miami, any festival that we are in concert with ... International Folk
Festival ... I think we are in concert with Calle Ocho. We are in concert
with the Latin Fiesta, we are in concert with P.A.C.E. I think that we have
an obligation there, but I think these festivals that are totally on their —
own, they are multiplying faster than rabbits and our monies are decreasing.
They are not in increasing! And it is getting to the point of not only the
ridiculous, but the sublime! My God, there is not an agenda that comes before
us that we don't have requests for $500,000! And I will tell you, I just
don't know how in God's name this Commission can say yes to some and no to
others! The only way I know to do it is to, you know, I have no problem with
one year funding. Give you the money up to $10,000 and if you make it, the
next year, by God, you are on your own! You know, I said to Leslie Pantin, I
said, you come and you ask for money. Do you realize that you have security
at every intersection. You had a million people this year, but if you could
just charge a single dollar admission, you could give money! You don't have
to ask for money! I think that too many of these organizations are taking the
easy way out. "Why should we go out and bust our honks to try to raise money
from the private sector. Go to the good old soft touch City of Miami, because
they don't know how to say no."
Mayor Ferre: That is right!
Mr. Plummer: And you know, the day has got to come, whether it is this year,
which I hope it is going to be, or next year, or the year, or the year that I
run, and I am sure that is got to be involved. The City of Hialeah doesn't
waste an awful lot of time, because they are absolute zero dollars. By God,
let me tell you, the T.D.C. is set up for just that purpose. The people of
this community imposed the tax upon themselves for that purpose. 40.2% of the
money that is raised for T.D.C. by the T.D.C. comes from the hotels within the
corporate limits of the City of Miami. That is hard to believe, but it is
true, and that is their figures! Yet, we don't get back any of this in
proportion to what is given by the people of this City. I don't know what the
answer is, but I know that it has got to be stopped. It cannot continue.
Now, your policy here doesn't put a number. You don't put a maximum dollar
figure. You say $10,000 to some and $50,000 to others. We could have 100
$50,000 requests. We could have 200 $10,000 requests. Now, I am just saying
to you that as far as I am concerned, I think the day is here. The day is
here where we have got to say, no, we can't afford it, and I know that that is
going to make a lot of my friends unhappy, but I just think that they are
going to have to go out (some festivals do) and hustle money from some of
these beer distributors, car distributors, and some other distributors like
that and you know, I have said this to all of them that have come to me, and I
say it very honestly, I am going to vote no unless the majority of this
Commission opens Pandora's box and then I am going to go in there and fight
like hell for every one of them that I have ever supported in the past. But
my initial vote is not to change the policy and the present policy at this
time is no dollars - zero dollars for next year!
Mayor Ferre: Let me ask you a question, Plummer. How about things that are
not festivals, but that bring substantial amount of recognition to the City of
Miami?
Mr. Plummer: If the City is directly involved, such as Miss Universe - Miss
Universe, I think is a perfect example that we are doing a promotion for this
particular City.
ld 135 July 25, 1985
4
Mayor Ferre: Because you know, if it requires a little change of format, it
is a vital change right away. You know, it will be our film festival, our Big
Orange Festival, and what have you. Let's take for example, let's take the
Newport Jazz Festival, okay? How important is the Newport Jazz Festival from
Newport? We are hundreds of millions of dollars - why? Because, it fills up
Newport Hotel with merchants and people that travel from all over the world to
go to the Newport Jazz Festival.
Mr. Plummer: But, Maurice, there isn't ...
Mayor Ferre: How much money does it cost to get to get to get the Newport
Jazz Festival going? How much is New Orleans willing to do, or Los Angeles or
Burbank, California, or whatever? Now, the question is this - you have got to
make decisions. I mean, you have value judgments. What is the value of Calle
Ocho? There are a million people who go to Calle Ocho. How many millions of
people watch it on television around the world? Millions! I mean, because
Spanish International Network carries it in Peru and in Argentina and in
Mexico. How many people come to Miami because they see two hours of
festivities on Calle Ocho? There is a value judgment and all of us have to
... somehow it seems to me that there is some of these things that are worth
doing - Grand Prix - we spend hundreds and hundreds of thousands of dollars in
the Grand Prix. Is it worth it? I think it is! You think it is! Who makes
that decision. It is a value judgment that you and I make. Now, you may not
agree with me on the film festival. If the film festival doesn't have the
same, you know, kind of hoopla of a race, but how about Cannes? How important
is the Cannes Film Festival worth hundreds of millions of dollars to Cannes?
Is the Miami Film Festival like Cannes? No! Can it be? Maybe! But, if we
don't give them there $50,000 or $75,000, there is no film festival in Miami.
Now, you say "Well, that is too bad. Let them go out and get it from
Budweiser Beer". Well, Budeweiser Beer is going to promote boat races and car
races, because that is Budweiser Beer does, but who is going to promote the
film festival? Southeast Bank? Ryder Truck Company? Knight-Ridder Newspaper?
Well, you say, "Well, that is too bad. If they don't get a sponsor, they
don't go", but you know, a lot of these things, you know, value judgments, and
if we want to be a city that competes with the San Francisco, and the Boston,
So, we have got to act like that, see, so it seems to me that maybe what we
ought to do is really select those things that have shown an ability to excel,
okay? Goombay Festival, how important is Goombay Festival? I think very
important, myself! It brings the whole Black community together. I couldn't
believe - how many people were there? 400,000 people in Coconut Grove, most
of them Black. Is that important to Miami? I think it is. How do you put a
dollar value to Goombay Festival? Suppose we had no Goombay Festival, what
have we lost? ... I think a major cultural event - to the Black community
mostly, yes. Now, is that important to people in Little Havana, I think it
is, because I think that brings peace to the community. Now, how do you put a
value dollar to that? I don't know. Somebody has got to do that. Now, you
say Hialeah. Well, Hialeah is Hialeah, with all due respects to my good
friend Raul Martinez. Come on! I mean, what is Hialeah! I mean, please.
Tell me Philadelphia doesn't do it, or tell me Boston doesn't do it! Hialeah?
What serves Hialeah?
Mr. Carollo: Well, you lost another friend!
Mr. Plummer: You lost another Raul! Mr. Mayor, my problem is that I don't
know the Newport Jazz Festival has a T.D.C. You, and the other points, when
these festivals take place, they are just benefiting all of this community. I
mean, all of Dade County! People working in Hialeah, people working ...
Mayor Ferre: The same thing is true of the Grand Prix!
Mr. Plummer: Mr. Mayor, I am saying to you, sir ...
Mayor Ferre: You are not asking Hialeah to pay for the Grand Prix, or
Homestead! You don't mind shelling out $400,000, $500,000! ... $300,000,
$200,000, $100,000, whatever! We shelled out Big Bucks! I don't mind doing
it.
Mr. Carollo:
that I have
Republican -
After having been in this Commission for six years, I am glad
at least almost one convert from the Democratic party to come to a
be fiscally conservative!
ld 136 July 25, 1985
i
Mr. Plummer: If you say that one more time, I will change my mind!
Mr. Carollo: But, it is either that, or you stole my speech from last year
and you read it today. Now, I think that the time has come that we have to -
draw the line, this is why we passed the motion, the resolution last year, on -
cutting back on this spending. The City of Miami has reached its limits, just
about, on the millage rate that we can charge by law, which means that if we
don't start cutting a lot of unnecessary expenditures, we are going to be in
financial trouble real soon, and I am sure that all of you that have looked at
your tax bills as of late, will see that you are getting sunk from
everywhere. Dade County government wants to raise you taxes. The School
Board wants to raise your taxes. Metrorail is going down to the tune of
almost $100,000,000 a year of deficit. Well, we have got to start somewhere,
and I think that the best area that we can cut are all the parties!
Mr. Plummer: Well, Mr. Mayor, I guess where we are, the policy is still in
effect, and it would be, I guess the first thing first is to see whether or
not there is a motion and three votes on this Commission to change the policy.
Mayor Ferre: Let's simplify the process. If Miller agrees with you and with
Joe on that, that is the end of it, or if Demetrio -and then ...
Mr. Plummer: Well, that is what I am saying, to see whether or not you are
going to change the policy. The policy is already in existence.
Mayor Ferre: I think that we have to have some flexibility, and that is my
opinion. Whatever the majority wants, that is the way we operate.
Mr. Perez: I think that we have to decide on an individual basis each case,
but anyhow, I want to reaffirm my position in the past. I think that Calle
Ocho, Miss Universe, Grand Prix, are the projects that this City has supported
in the past and we have an obligation and I think that it is part of the
image of this City and I would be proud to have the opportunity to support it
again, and I ...
Mayor Ferre: And I think if we are going to be fiscally conservative, I think
we can make no exceptions. You want to play hard ball, let's play hard ball,
no exceptions! Not one! No Grand Prix, no monies for Hydrofoil races, no
monies for ...
Mr. Plummer: Excuse me, Mr. Mayor, so the record is replenished, both last
year and this year, we have given you money.
Mayor Ferre: How about the 10 years before that?
Mr. Plummer: It was put up by Champion Spark Plugs.
Mayor Ferre: Okay, we split money, no ....
Mr. Plummer: No, air. You have never put a dime into Hydro.
Mayor Ferre: Hey, no more subsidies by the City of Miami to the University of
Miami football teams, the baseball teams to soccer leagues, no more subsidies
of any of these things. No more Grand Prix. If we are going play, then we
are not going to be subsidizing, don't tell me we are going to start making
exceptions for this guy or that guy or that group. No more money for
anything. Fine! Then let's apply it to everyone! I am against that, because
I don't think that makes any sense. If you want to play that way, then I will
make the motion that this City not spend any money with anyone at any time,
period! Include everybody and everything.
Mr. Carollo: There is a motion by the Mayor. Is there a second?
Mr. Dawkins: You mean, for festivals and party -type activities, Mr. Mayor?
Mayor Ferre: Excuse me, say again?
Mr. Plummer: No, he says everything.
ld 137 July 25, 1985
I
Mr. Dawkins: Are you the Mayor?
Mr. Carollo: You are running too, J. L.? You are thinking about it?
Mr. Dawkins: Mr. Mayor, you mean that we will not fund any of the festival
type activities - Grand Prix, Miss Universe and all, is that what you are -
saying?
Mayor Ferre: What I am saying is, that if we ... yes, sir, I am saying that.
What I am saying is ...
Mr. Dawkins: I second the motion.
Mayor Ferre: What I am saying is, that if we are going to play exclusionary
... then we are not going to spend any money for Goombay and Calle Ocho and
P.A.C.E. and all of this, then let's apply it to everybody!
Mr. Dawkins: I second the motion!
Mayor Ferre: I mean to tell you that I think that we should not do that, but
if we are going to do that, then let's do it all the way.
Mr. Dawkins: I still second the motion.
Mayor Ferre: Okay!
Mr. Carollo: There is a motion. There is a second. -
Mayor Ferre: Let me make sure, because obviously, this is an important
decision.
Mr. Dawkins: I still second the motion!
Mayor Ferre: Well then, listen to what you are seconding now.
Mr. Dawkins: I still second the motion!
Mayor Ferre: It is my opinion that we must be flexible in who we sponsor. We
just can't totally cut this thing off, but if we ... if it is the will of this
Commission to cut some off, then we cut them all off. That's my motion.
Mr. Dawkins: I second the motion and the reason I second the motion is when I
first came to this Commission, I said this was no way to fly an airplane, so I
am not changing my position. I said that we should not be funding all of
these type festivals - that our duty was to provide services and goods to the -
City of Miami and still say that and therefore I second the motion.
Mayor Ferre: Okay. I'm ready to vote!
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 85-845
A MOTION OF THE CITY COMMISSION DIRECTING THE
ADMINISTRATION NOT TO SPEND ANY MORE MONIES IN
CONNECTION WITH ANY CITY FESTIVAL, AT ANY TIME, UNLESS
THE SPECIFIC REQUEST IS REVIEWED AND DECIDED UPON BY
THE CITY COMMISSION ON AN INDIVIDUAL BASIS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
ld 138 July 25, 1985
r
i
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Demetrio Perez, Jr.
ABSENT: None.
Mayor Ferre: Okay, Mr. Manager, do you have any questions?
Mr. Pereira: It is the wish of the Commission.
Mayor Ferre: Yes, air
Unidentified Speaker: Mr. Mayor, I was here last time. My project is
scheduled for September 5th, before October 1st. You referred my proposal to
Administration for recommendation. Is there a recommendation from
Administration?
Mayor Ferre: You may not have followed what happened just now. The
Commission voted that unless we approach these things on an individual basis,
we were not fund any extra curricular activities of the City!
Unidentified Speaker: But, I was under the impression that this would be as
of October 1st. Wrong?
Mr. Plummer: To be honest, Mr. Mayor, he was told that they would be
submitted to the ... this is the Jamaican?
Unidentified Speaker: No, this is Theatre "Ex"
Mr. Plummer: Theatre "Ex", all right. They came here and said - "the policy,
it takes effect October 1. Submit your proposal to the Manager for a
recommendation, since we could consider you prior to October 1," so that is
why he is back here today.
Unidentified Speaker: That is why I am back here. I want an answer.
Mr. Plummer: Does the Manager have a recommendation?
Mr. Pereira: I don't have it here. Let me check with staff to see ...
Mayor Ferre: Okay, I will tell you, while you are doing that, see, to test
the water on this thing, I would like to now make a motion that the City of
Miami Commission officially go on record as sponsoring Calle Ocho Festival,
and I so move.
Mr. Carollo: There is a motion. Is there a second.
Mayor Ferre: For Calle Ocho.
Mayor Ferre: I want to see you vote against that!
Mr. Carollo: There is a motion. Is there a second?
Mayor Ferre: In favor of sponsoring Calls Ocho.
Mr. Carollo: Let me second the motion, Mr. Mayor, so that you can see who is
going to vote against it. I give the Chair to Commissioner Plummer.
Mr. Plummer: And Commissioner Plummer hands the Chair to Commissioner Dawkins
and invokes the five day rule!
Mr. Dawkins: The five day rule has been invoked. Move to the next order of
business.
Mayor Ferre: No, Mr. Chairman, if I may ...
Mr. Dawkins: Okay, you are right. You are correct, Mr. Mayor ...
ld 139 July 25, 1985
Mayor Ferre: Order of business.
Mr. Dawkins: That's right!
Mayor Ferre: Madam City Attorney ...
Mr. Dawkins: Call the roll.
Mayor Ferre: Wait a minute. Hold on! Order of business.
Mr. Plummer: Invoking the rule doesn't need roll call.
Mayor Ferre: No, there is no roll call. I am asking to be recognized so I
can ask a legal opinion, which I am entitled to do.
Mr. Dawkins: Okay, go right ahead, Mr. Mayor.
Mayor Ferre: All right, Madam City Attorney, my question is, since the matter
of discussion of festival funding policy is officially before us as Item 24,
as the motion that I previously made, which passed 4 to 1 had a condition on
it, and since in effect what I am doing is testing the condition, this is part
of the scheduled item and therefore the five day rule cannot be invoked, since
it is part of what has been advertised for discussion.
Mr. Plummer: Policy has not been changed.
Unidentified Speaker: I am not a festival.
Mayor Ferre: I am not asking you. You are not the City Attorney.
Mr. Plummer: The policy is still in existence. The policy hasn't changed.
Mr. Dawkins: And the vote should have killed the discussion.
Mr. Plummer: And as far as this item on the agenda, it says here, "Discussion
of festival funding". The policy has nothing to do with the individual
organizations
Mayor Ferre: Yes, it does, because the motion that was passed deals with this
specific circumstance ...
Mr. Plummer: No, sir!
Mayor Ferre: Therefore, I am asking a legal opinion.
Mr. Plummer: Okay, then I will ask ...
Mayor Ferre: My legal question is, since the motion that was passed five
minutes ago said that unless there are individual cases that are adopted on a
case by case basis ...
Mr. Dawkins: Hold it. That is not what I seconded! I did not second
individual ... no, no, no, now, wait, you are putting something in there we
didn't second, Mr. Mayor.
Mayor Ferre: Madam City Clerk, would you read us the motion that was made and
past?
Ms. Hirai: The motion as originally made, Mr. Mayor, said that no monies
would be ...
Mayor Ferre: What ...
Ms. Hirai: ... not to spend any monies with anyone at any time. That was the
original motion as stated.
Mayor Ferre: I amended that! Oh no! You kept saying that you were seconding
that motion. I said I want to make it abundantly clear - we could play games
all you want, but I made it abundantly clear that the intent of this was the
ld 140 July 25, 1985
test that this should be done individually. I read that into the record,
didn't I?
Ms. Hirai: Yes.
Mayor Ferre: And I turned over and he kept saying "I still second the
motion!".
Ms. Hirai: Afterwards, Mr. Mayor, you added "Unless we approach it on an
individual basis and we are not to fund any extra curricular activities.
Mayor Ferre: That is what the motion was, and that is what Miller kept
saying, "I still second the motion". That is what we passed, is that
correct?
Ms. Hirai: That is what we included, Mr. Mayor.
Mayor Ferre: Is that what we passed?
Ms. Hirai: I have both comments and Mr. Dawkins did say he still seconded the
motion.
Mayor Ferre: And that is what we passed and therefore, I maintain based on
the motion that you read, and that passed, I maintain that we are still on
that subject. Now, either we are, or we are not, and if we are, then he
cannot invoke the five day rule.
Mr. Plummer: I can invoke the rule anytime I want.
Mayor Ferre: Well, but ...
Mr. Plummer: It has not been advertised. Well, I will tell you, I think the
easiest way to do it is just to make another motion as to the way that I
understood it and obviously, from the comments of Commissioner Dawkins, the
way he understood it ...
Mayor Ferre: Not until I get a legal ruling on the legal question that I have
asked and once I get a legal ruling, then the Chair is still in Dawkins' hands
and he will have to ...
Mr. Dawkins: Madam City Attorney ... (INAUDIBLE)
Mr. Plummer: We will vote on it in September, I don't have to invoke the
rule!
Mrs. Dougherty: Mr. Mayor, the Code talks about all ordinances and
resolutions shall be briefly described in the printed agenda which shall be
furnished five days prior to the Commission meeting, so, this being a motion
is something that you could, in fact, vote on.
Mayor Ferre: That I could what?
Mrs. Dougherty: You could vote on your motion.
Mr. Plummer: Can you invoke the rule on it.
Mrs. Dougherty: No, you can't because this is not a ordinance or a resolution
that we are discussing at this time. It is a motion.
Mayor Ferre: So in other words, the five day rule cannot be invoked on a
motion? Okay, then ..o now, remind me where we are.
Mrs. Dougherty: We would have to formalize your ... if you wanted a
resolution.
Mayor Ferre: Did I make a motion for Calle Ocho? Was that seconded?
Mr. Plummer: Yes.
Ms. Hirai: Yes, air.
ld 141 July 25, 1985
Mayor Ferre: It was seconded.
Mr. Plummer: Yes, Joe seconded.
Ms. Hirai: Vice -Mayor Carollo.
Mayor Ferre: Okay, so now you are saying that he cannot invoke the five day
rule because of what you just said, and therefore it is a question of calling
the question, right? So, Mr. Chairman, I would call the question.
Mr. Plummer: I motion to table.
Mrs. Dougherty: It needs a second, right?
Mr. Plummer: What?
Mrs. Dougherty: It has to get a second, right?
Mayor Ferre: Yes, he can do that. Motion to table means that goes without
debate and in any legislative board, parliamentary procedure requires that a
motion to table goes to a direct vote.
Mr. Plummer: Right.
Mayor Ferre: Plummer, my motion was that the City of Miami go on record as
funding Calle Ocho.
Mr. Dawkins: It was seconded by Carollo.
Mayor Ferre: Plummer asked for a five day rule.
Mr. Carollo: Let me put both of you at ease. I withdraw my second and I
thought it was going to make it simple in seconding it. I haven't so I just
withdraw my second.
Mr. Dawkins: Okay, we are back now to a motion.
Mr. Carollo: I take the Chair back and I am going to ask if there is a
second. Hearing no second, the motion dies for a lack of a second.
Mayor Ferre: Okay, I am sorry - those of you that are here from P.A.C.E. and
the other groups, Film Festival and otherwise, sorry, nothing we can do. No
funding.
74• REAFFIRM PRKVIOUS DSCISIOX TO BUILD 2 SUBSTATIORS FOR POLICE DEPARTMENT -
includes public hearing on Mini -Station proposal.
Mayor Ferro: Ok. We are now on Item #25.
Mr. Pereira: Mr. Mayor, at the last Commission meeting you asked us to review
and come back with some concepts in terms of mini stations. We have the Chief
Police.
Mayor Ferre: All right, Chief.
Mr. Pereira: Go ahead, Chief. Yes, it's in relation to the one in Little
Havana.
Mr. Plummer: In the South.
Mr. Pereira: Yes, in the South. I'm sorry.
Chief Dickson: At the last Commission meeting, Mr. Mayor, you reasserted your
opinion that the construction of the South Substation is not practical and
81 142 July 25, 1985
1�
recommendel the establishment of mini str-ttions. The ';ity attorney ranlered a
legal interpretation of the substation ref•�r-nlum in resporise to Commissioner
Plummer's opinion that a ;,nuth substation w•-is claariy specified. The loa,�il
interpretation was that "any type of crime fighting, facility may be
established Mr. Mayor, you then rerommeniPi that torvisson er;ri
the establishment of four mini stations instead of .3 So.ith...
.'Mayor Ferre: No, no, Chief, I didn't say four. ;wo, three, four, that's a
lecision you will have to make.
.;lhief Dickson: Yes. Ok. 1xa,�tly. So, thF�refore, YOU s,?ri', is back to take a
took and see exa,:tly whit we might come up with. We r'.hecke'l with the City
Attorney and was advised there is the legal flexibility to shift from full
:;,,IrvQ substations to mini -stations. The referendum qLie 3',lon and bond
validation states that "Shall the City of Xiami issue bonds in the aggregate
amount not exceeding twenty million dollars under 3rdirianee No. 9"737 to pay
the cost of police headquarters rind crime prevent Lon li is ilitier,". The
information acid iinterial given t,-) the public lid st%te, however, `,_n addition
to actual referendum questions, "full service police substations in Liberty
City and Little Havana to bring police services close the to the community
they serve" and that's the quote from the wording. This ha:, or=sited a g(�neral
perception that the City is locked into full service substations. The City
Attorney advised, however, that given the wording of the refor•�ndum question a
new referendum is not legally needed to s"iift from full service to mini
stations. Now, the difference between an.] t;nis is what you asked me to do.
The difference between the full service substations Lind mini stations is as
follows; and this is a general differ( -race. A full service substation requires
a full front desk operation for a twenty-four hour basis. Command level
offices is to be present at a full service substation at all time:3. There is the ability to investigate vice in the area where the substation is located,
intelligence investigations, crime analysis ability, direct patrol supervision
with an operating cost of approximately 3.3 milli -on per substation, full
service. Additional personnel...
Mayor Ferre: 3.3 million?
Chief Dickson: Full service substation, that's an approximate cost, yes, sir.
Mayor Ferre: This is an annual cost?
Chief Dickson: Yes, sir.
Mr. Plummer: Does that include construction?
Chief Dickson: Operating cost.
Mr. Plummer: Only operating.
Chief Dickson: Including personnel, yes, sir.
Mr. Plummer: So, in other words, you would have to figure how much... let's
say you had three substations in Little Havana. So, what are you figuring for
the cost of construction per substation. You said that the operating is 3.3.
Chief Dickson: We are talking about the full service substation that we have
already done the study on. We have no done the study... completed a study on
the mini stations construction yet or nothing like that.
Mr. Plummer: Well, I don't know if we can even afford to talk about that.
Chief Dickson: The additional personnel at a full service substation is tca
people at all times totaling fifty people per substation. The mini station in
comparison to the full service substation would require full front desk
operation, one Sergeant on duty. The ability to have roll calls. The ability
to have community meetings and a community meeting room, investigators to do
interviews with an operating cost of approximately five hundred thousand
dollars per mini station. In comparison to the full service substation the
number of people needed to operate that would be two at all times totaling ten
two. At all times totaling ten per mini station compared to fifty for the
! full service substation. In capital comparisons a full service substation
Id 143 July 25, 1985
a
would require one to two acres with approximately twenty-one thousand square
feet, two hundred ten vehicles. A two hundred ten vehicle parking facility. _
The total cost of four to five million.
Mayor Ferre: Four to five mills?
Chief Dickson: Million. In comparison to that the mini stations, there is a
variety of concepts available including the post office type concept. The gas
station type. The store front, etc., to be explored with approximately one
thousand square feet needed with space for approximately twenty-five vehicles
for parking at a cost of about five hundred thousand dollars. That's just a
brief overview.
Mayor Ferre: Questions from members of the Commission? Well, Chief, in other
words as I understand it then, what you are saying is that the Police
Department would feel better with the mini stations rather than a substation?
Chief Dickson: Well, we have... I personally have no problem with mini
stations as was requested...
Mayor Ferre: No, I'm not asking you to have problems Chief. I'm not asking
you that. Yes, I know you have no problem... that's not my question. My
question is are you recommending that we proceed with the substation in Little
Havana, yes or no, and if not, are you recommending that we put up mini
stations in Little Havana, yes or no?
Chief Dickson: In Little Havana I would recommend that we go with the mini
stations. I like the mini station concept better.
Mayor Ferre: Mr. Manager, is there anything you want to add to that?
Mr. Pereira: No, sir. Other than, you know, this is a very preliminary,
obviously, for the time frame that we worked on, but we have an opportunity to
review and I agree with the Chief in terms of the flexibility that the mini
station afford us and particularly in the South area as, you know, we talked
about at the last meeting.
Mayor Ferre: Now, Chief, how many stations would you recommend?
Chief Dickson: I would... before making that statement I would like to have
the opportunity to go back and find out exactly where at these places are
needed the most and the strategic locations that would provide high visibility
to the most people in that particular area.
Mayor Ferre: All right, let me see the legal aspects of it. Ms. Dougherty,
when the people of Miami voted for ---was it ten million dollars? ---what was
the exact wording on the ballot? Because I want Mr. Sabines to hear the
wording on it.
Ms. Dougherty: "Shall the City of Miami issue bonds in the aggregate amount
of not exceeding twenty million dollars under Ordinance No. 9787 to pay for
the cost of police headquarters and crime prevention facilities".
Mayor Ferre: Police headquarters and crime prevention facilities. It didn't
say where the police headquarters were going to be. It didn't say how big
they were going to be. It didn't say how much money they were going to cost. ;
It said police headquarters, without defining that further and crime
prevention facilities.
Ms. Dougherty: The police headquarters. We only have one police headquarters
and that was in the resolution or in the package preparing that there was
always anticipated that they would fix up the existing police headquarters and
provide other crime prevention facilities.
Mayor Ferre: So, there is no... legally on the ballot the City Commission if
it wishes has the legal right to determine if it's going to be one or two or
three or five and whether it's going to be in Allapattah, Wynwood and East
Little Havana or West Little Havana or Flagami.
Mr, Dawkins: Mr. Mayor.
gl 144 July 25, 1985
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I
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Mayor Ferre: Yes, sir.
Mr. Dawkins: I would like to defer this because I distinctly remember wording
the ballot to go on... wording the wording to go on the ballot. It's in the
motion. I got it in the records an-1 all this. I don't where Ms. Dougherty is
getting this from.
Mayer Ferre: Ms. Dougherty.
Mr. Dougherty: This is the ordinance that was passed by the City Commission.
Perhaps the Commissioner is thinking about the publication that was printel
for the citizens...
Mr. Dawkins: No, Ma'am. I'm talking about the wording that we put on the
ballot for the voters to vote on.
Ms. Dougherty: Well, that's the wording. I just read it to you.
Mr. Dawkins: Somebody here help me. Didn't I specifically say that the
ballot would be a ten million dollars for full service stations, one in Little
Havana and one in Liberty City?
Mr. Plummer: Yes.
Mr. Carollo: Miller, to the best of my recollection I think you are basically
correct that those were intentions. I just don't recollect how it finally
came to be printed, but I remember you making those statements. You are
correct in that.
Mr. Dawkins: I can go back and pull the minutes and show it to you where
that's the way...
Mr. Carollo: Yes, but I think the point is though...
Mayor Ferre: All I'm trying to find out is whether legally we can do it or
not, because if we can't do it legally there is no use wasting any time on it.
Mr. Dawkins: No, no, but see legally... I mean, I understand, but I can't
understand how the wording is being changed from what we voted on here.
That's what I can't understand.
Mr. Carollo: May be the thing to do is to do what you said. Defer it, let's
go back to the minutes, get all the minutes, get the ordinance and try to
recollect what was said.
Mr. Perez: Chief, why do you recommend only one station of... I would like to
verify first. Do you recommend one station for Liberty City area?
Chief Dickson: Mr. Commissioner, I haven't made a recommendation as to a
personal recommendation about the Liberty City site. I... seeing as how we
had the citizens together and was involved in that process we left that up to
them. So, I did not make a recommendation on that.
Mr. Perez: You don't have any formal recommendation for the Liberty City
area?
Chief Dickson: Well, I haven't been asked that question. Now, when I went
back I did a study to a certain extent on the South end only. I did not
consider the North end.
Mr. Plummer: Well, Chief, let me ask you this question.
Chief Dickson: But if you...
Mr. Plummer: Go ahead.
Chief Dickson: Are you asking me what would I recommend for the North end?
gl 145 July 25, 1985
40
Mr. Perez: Yes.
Chief Dickson: Well, I would recommend... my personal recommendation would be
mini stations both North and South.
Mr. Plummer: Chief, how aan you... Now, I'm losing something here and I...
Mayor Ferre: Well, wait a minute. The Police Department has been consistent
with that recommendation from day one.
Mr. Plummer: Mr. Mayor, we voted... primarily you and I, voted on the
recommendation of the Chief and the Manager. That recommendation was for one
police station in Liberty City on the property donated by the County and now
I'm hearing from the Chief that that isn't his personal recommendation.
Mayor Ferre: J. L., the Police Department with this Chief and the former
Chief and everybody else has been consistent throughout. My memory is very
clear on that. What happened, of course, is that the Commission voted and
there was a vote. There is no question that this Commission took a position
about splitting that money into five millions on each side and having a
substation for Liberty City and a substation for Little Havana. The
substation in Liberty City, the decision was made on that. It...
Mr. Plummer: But it was made upon his recommendation.
Mayor Ferre: Because we established the policy and he just followed orders.
Now, I'm the guy that brought up the question, the issue of whether or not we
need another substation in Little Havana and the Chief is saying... you ask
him a question, he has got to give you an answer. Honestly he says, "no".
The Manager says, "no". I mean, we know that. Everybody has said "no". Why,
because we have a major police station three minutes away and the fact is that
under that premise they have consistently recommended that five million
dollars would best be expended by having mini stations rather than a sub...
What is a substation? A substation has he has explained it again today, is a
station that has holding cell, offices, office files, copiers and typewriters,
telecommunication equipment, satellite stuff, an armory. The whole thing.
It's another police station. He has told you that that requires manning by
fifty people. I submit to you that the City of Miami with thirty-four square
miles where you can go from one side of the City of Miami to the other in ten
minutes or fifteens minutes does not need three major police stations. Now,
what we are talking about is in its place building mini stations. Now, this
is my personal view. I think that the City would best be served if we had a
mini station in Allapattah. A mini station in Wynwood. A mini station in the
Calls Ocho area. A mini station in the Flagami area which is the furthest
point... If anybody needs a mini station it's Flagami which is the farthest
point away from the Police Station. Then you get into North... the North part
of the City. The Northeast part of the City. Then you get into the Southeast
part of the City which is Coconut Grove. Now, I'm asking the Police Chief to
come back and recommend... we may not be able to put that many mini stations
up. I don't know. May he is going to recommend that we put them at the
extremes of the City. I don't know. That's... there hasn't been any
decisions in this. Now, with regards to the architects who are very concerned
and upset about what this means to them. They have been selected as the
architectural design team. Now, to Mr. Alexander and those that have been
calling me on this I need to tell you that I cannot make a decision of this
sort based on an architectural, you know, thing for an architectural design.
I have got to do what I think is best for the City of Miami. I have got to do
what's best for the City of Miami. I happen to think that we are better off
with three mini stations. Obviously, you will be the architectural firm
designing those three mini stations. I know it's better to design one
substation of, you know, with a jail and the whole thing, but don't think
that's good for the City of Miami. So, I have got to express my opinion.
That's one person's opinion, you know. May be the Police Chief... You have
heard from the Police Chief and you have heard from the Manager, three votes
on this Commission to make that decision.
Mr. Dawkins: Can we hear from Grace now?
Mayor Ferre: Yes.
gl 146 July 25, 1985
40
Mr. Dawkins: Grace.
Mayor Ferre: Go ahead Grace.
Ms. Grace Rockafellar: Yes. Mr. Mayor and members of the Commission, for the
record my name is Grace Rockafellar. 1 live a` 814 Northeast 71st Street.
I'm President of the Northeast Miami Improvement Association which is a
blanket association over Belle Meade island, Belle Meade, Bayside which Mrs.
Skubish is President and she is here today, Morningside, Bayside and Buena
Vista. Now, we live in one of the highest crime areas in the City of Miami
and I think the Chief will back that up. We have an outstanding Chief of
Police whom we are very proud of. We call him to arrange a public hearing so
that the people can come to the microphone and tell him what's happening to
each of them and very few people have escaped a crime out there, but each time
we call they run a computer print out and they tell us that the crime is much
much higher than we have even mentioned. Now, I have asked for the print outs
and I will gladly get them and furnish them to this area. Now, we are
taxpayers. We all have fine homes in the Northeast area. Especially, East of
the Boulevard. We pay taxes and we pay high taxes, but we never hear
anything. We are the stepchild. We are the Anglo community in the Northeast.
We are almost one quarter of the City. But we have been the stepchild in all
this. We pay taxes. We are paying a part of this bond issue. We are paying
part of every dime this City spends and while we are at it I would like to
make one more point here. On the subject just ahead of you that we you have
before us and all the people... I read the minutes. Every minute that comes
out of the City Commission and I agree with J. L. Plummer or whoever brought
up there is a hundred fifty thousand dollars is asked for everyday. Not one
of our associations have ever come before this Commission and said we are
going to this and we are going to do that. We want you to pay for it. We
have never done that. Although, we pay out of our tax dollars whatever you do
for the other people. Now, we are not begrudging what the other people get at
all. Don't take us wrong. We are not begrudging what Liberty City, Little
Havana gets, but we are tired of of being the stepchild. We want our cut of
the pie. We want a mini station on Biscayne Boulevard. Now, we are hostage
to Biscayne Boulevard. It's filled with those sleazy motels that cater to
prostitutes, drug pushers and what not and they are... we are prey. They
follow people home. If two women are out to a meeting like we are down here
tonight. When we get home tonight her husband will be out there and my
husband will be out there at the car meeting us so that we get in safely,
because if you don't one of us is going to be mugged. The first person out of
the car is going to get it and this happens everyday every hour of the day and
the Chief will back you up here. He knows all about our problems out there
and thank God he does, because he is trying to do everything he can to help
us. But we are here saying we don't mine what the other people get we just
want our fair share. We are taxpayers and we think we are entitled to it.
Now, we think a mini station on Biscayne Boulevard would be a tremendous
deterrent to the crime. We have double bolt lock doors on our houses. A lot
of people have bars and you sit there with a gun besides you. You are not
safe in your own home. In the Winter time when it's cool we still run our air
conditioners, because if you open your window before morning somebody is going
to be through that window and they are armed. It's a very dangerous situation
and we are asking your help. We are asking you to put a mini station on
Biscayne Boulevard. I have been down here before on this sometime ago, but
the crime is much much worse now and we feel that we are entitled to it and we
would greatly appreciate it. Thank you.
Mayor Ferre: All right, thank you, Me. Rockafellar. Pat you want to add to
that?
Ms. Pat Skubish: No, I think Grace covered it. Other than to say Mr. Mayor,
we do hope that you listen to us tonight, because we really, really need a
station out there. Ok. Thank you very much.
Mayor Ferre: All right, Mr. Raul Alvarez.
Mr. Raul Rodriguez: Yes, Mr. Mayor.
Mr. Dawkins: Mr. Mayor. Chief. Grace. Chief, we put a policeman and we put
a car and two policeman in Hadley Park, is it anyway and before ---if you say
"yes" then I will ask Grace. Is it anyway that Morningside Park could get a
gl 147 July 25, 1985
10
vehicle station there with two policemen that could act as a deterrent and go
up... I mean and assist whatever else we got on Biscayne Boulevard?
Chief Dickson: Mr. Commissioner, if that means can we put a car there to stay
at all times...
Mr. Dawkins: Yes, to be there to go up and come in and then sit... you know,
if they make reports and what like we do at Hadley Park. They make a
report...
Mayor Ferre: Does it help Hadley Park?
Mr. Dawkins: Uh Huh.
Chief Dickson: We do have what we call park and walk and we a can direct a
car during the critical times of day to go there, stop, park and walk. Get
out of their car and walk.
Mr. Dawkins: Would that help any Ms...
Ms. Rockafellar: Commissioner Dawkins, it would but I will tell you one
thing.
Mr. Dawkins: I mean, until we could get something different. That's all.
Ms. Rockafellar: Well, wait a minute. Let me tell you the park that needs it
worst, is Legion Park. Now, the street...
Mr. Dawkins: Ok. Legion Park. Ok.
Ms. Rockafellar: Legion Park. The street just bordering Legion Park on the
North has mostly elderly people. A lot of them live alone. Everyone of those
people have had their doors kicked in, not once, many times. It's dark in
there. They come over that fence and those poor people are robbed. They are
beaten up and Legion Park is a very sad situation down there.
Mayor Ferre: All right, thank you.
Chief Dickson: We can do the same thing for Legion Park.
Ms. Rockafellar: Thanks a lot.
Mayor Ferre: All right, Mr. Alvarez please.
Mr. Raul Rodriguez: It's Rodriguez Mr. Mayor. Raul Rodriguez from
Rodriguez .
Mr. Plummer: What was the first name?
Mr. Rodriguez: Raul.
Mayor Ferre: Raul Rodriguez. I'm sorry.
Mr. Rodriguez: That must be the first name. In any event we are the
architects that were selected to do the South substation. We are not speaking
on the issue of whether the City needs one substation or two or one mini
station or ten and we would have not spoken today if it hadn't been that the
Mayor implied that we were here and lobbying for our own selfish interest,
because we have been selected as the architects for the substation. We are
here because the City put out an RFP requesting professionals to submit their
credentials to be examined by a committee for a substation for Little Havana
or what they call the South District and one for the North District. Like
many other firms our firm applied for both because we are just as proud to
work for this City Commission as we are for any other government entity.
Whether it is in Liberty City or in Little Havana or in Coconut Grove or in
Opa-Locka. Whatever... It is. Allapattah. I'm sorry. What we object to is
that...
Mayor Ferre: So, you have slips of names too.
gl 148 July 25, 1985
- --
Mr. Rodriguez: But I'm not the Mayor. Not yet. And anyway the issue is
this. We have gone through a tremendous amount of expense as we often do to
apply for a City project. We have gone ahead and completed this process and
you have awarded us about two hours ago the contract for a substation which we
negotiated. Now, when this discussion which seems to be appropriate at
programming time, n,)t after the RFP has been issued. The consultants have been interviewed and the architect has been awarded the contract. Now, you
may decide to go the other route. I am not the Police Chief and I am not the
community. I cannot speak for what's best. I can only tell you that I will
design to whatever program is presented before me, but I am very concerned
that we continue to apply and not only our firm, but other firms or
architectural firms and that the rules of the game be changed after the
process. I am not even sure Mr. Mayor and I really know that you are not in
anyway trying to hurt architects, but I'm not even sure that is legal. I'm
not even sure that if you changed the scope of work we would not have to go
through and other selection process. So, the bottom line is with all due
respect Mr. Mayor, we are not here trying to have the benefits of the City of
Miami abrogated in anyway in favor of a commission for our firm, but we are
here simply to do our job which you asked us to do. So, if we have been
fighting for that that's why we have been fighting. Thank you. I see the red
light.
Mayor Ferre: Thank you, Mr. Rodriguez for the clarification and I apologize
for my slip in names. At the end of a long day those things occur. My
apologies to you. I know you and your firm and your family for at least... I
have known your mother and father for twenty-five years. So, certainly I know
who you are and I apologize for my mistake. Now, the issue nevertheless
before us is what is best for the City of Miami and that's what I have to put
my decision... make my decision on. All right, Dorthy Quintana and then Luis
Sabines and then...
Mr. Perez: Mr. Mayor, before listening to the other members could we clarify
with the City Attorney about a statement that make the architect Raul
Rodriguez? Could we clarify about the RFP and the statement he made?
Ms. Dougherty: Mr. Mayor and Mr. Commissioner the contract has been awarded
to an architectural firm for specific site. If you were changing that and
changing the scope of the work you would have to renegotiate and go out for
competitive bids again. So, if this is something you are considering doing
today then you ought to reject those proposals and go back out and redesign
the project the way you want to, but today is really the last day you are
going to be able to consider that.
Mr. Perez: Ok. Ms. City Clerk about the Liberty City substation, did we ._
approve already formally just one substation for Liberty City?
Ms. Hirai: We will come back with your approval Commissioner. Give me a
minute.
Mr. Perez: Yes, but it's already approved. The only thing for Little Havana
was pending or was approved complete?
Mayor Ferre: Yes, we, we made the motions.
Mr. Rodriguez: Item 33 was approved.
Mayor Ferre: Yes, we awarded them the contract.
Mr. Perez: No, no, but we approved the architect today. No, we are talking
about the principle, because I remember that Commissioner Dawkins mentioned
several times that for Liberty area he said, needs one substation and that the
intention that we approved at the beginning.
Mr. Dawkins: But at that time the Mayor did say that he was thinking in terms
of what was best for the City and that he felt that many other mini stations
would suffice and that's why he said he would bring it back today.
Mayor Ferre: That's what we are discussing now.
Mr. Dawkins: And the Mayor brought it back for discussion.
1
gl 149 July 25, 1985
V
Mayor Ferre: I did make a misstatement because I thought that once we had
gone through a selection process of an architect that that architectural firm
was selected for whatever we did. But evidently the City Attorney has ruled
that that's not the case. So, I stand corrected.
Mr. Perez: In this case we have to...
Mr. Perez: No, that we have to negotiate.
Mayor Ferre: She said that we had to start over...
Ms. Dougherty: They have bid on a particular project or proposal. For
example, if you were to have three smaller ones may be other people would have
submitted proposals for three smaller ones or one smaller one.
Mayor Ferre: Ok. They didn't bid because the architects like lawyers are
professionals and don't bid. What they do is they submit it themselves for
consideration and were selected on a professional basis by a selection
committee. You are saying that that selection committee now is not applicable
to... if we modify the projects that we would have to go through the selection
process again.
Mr. Perez: But Mr. Mayor, as I remember...
Mayor Ferre: Wait a minute, you mean to tell me that if the Manager were to
turn around and recommend that these architects are professionally competent
to do the three mini stations that that wouldn't suffice. We would have to go
out through a process again?
Ms. Dougherty: You would have to do the same process again. For example, you
might have smaller architectural firms who would want to bid on the smaller
contracts...
Mayor Ferre: So, based on that knowing that we are making the wrong decision,
knowing that it's going to absolutely cost the City of Miami a fortune,
knowing that we are headed in the wrong direction we are going to do it
anyway. Ok. That's a hell of a way to run a airline. Yes, Dorthy.
Ms. Dorthy Quintana: Mr. Mayor and Commissioners, I'm here on the behalf of
the Wynwood area and I think about the substation. I think we need a mini
police station in Wynwood. Wynwood is getting very bad in crime and elderly
people cannot go on the street anymore. We are afraid to go on the street. I
call myself elderly because I am very old and I'm seventy-six years old and I
am afraid of going in the street, even at 3 o'clock in the afternoon and I
think we do need and I'm asking for that mini police station for a long time.
The Chief of Police knows how long I have been asking for it and this is a lot
of money, but we have that Roberto Clemente Park that is no use to anybody...
Mayor Ferre: Dorthy I agree with you. Ok. I agree with you and I agree with
Grace. Ok. But the problem is that there is an issue here because that's not
what the ...evidently the intent that was cleared up before is that we have
one substation. One, one and it's in Little Havana.
Ms. Dorthy Quintana: I understand that Mr. Mayor, but we have that Roberto
Clemente Park that is no use to anybody but the drugs and the prostitution
there and let me tell you nobody can go in that park but the drug addicts and
the prostitutes.
Mayor Ferre: That's the same problem that Morningside has.
Ms. Dorthy Quintana: And that could be done in
that park and that houses in side the park it
station very well and there is no expense of that
be protected. I will appreciate it if you would
you all. I know tbere is nothing else I can say
feel in Wynwood area. I thank you.
Mayor Ferre: Thank you.
there very easily. Destroy
could become �a mini police
at all and we would like to
think about us and I thank
but what I feel and we all
gl 150
July 25, 1985
a
Mr. Perez: Ok. Mr. Mayor... just a second. Mr. Mayor, on June 20, 1985 we
approved a resolution approving the most qualified consultant firms to provide
professional service for the planning and design of the police substation for
the North District Liberty City. That's Resolution 85-675, was moved by
Commissioner Plummer, seconded by Dawkins and approved unanimously. Now, we
also approved at the same Commission meeting approving the most qualified
consultant firms to provide a professional service for the planning and the
design of the police substation for the South District Little Havana, was
moved by Plummer, seconded by Dawkins, Resolution 85-676. I think that the
intention was clear. I would like to move a motion to reaffirm that concept
in order to have two substation. One substation for the North District or
Liberty City and one for Little Havana and also, I would like to instruct the
administration to have a formal recommendation in order to sink the
possibility to establish other mini stations in other parts of the City of
Miami and to try to get in the phone for that one. If we have to get in a
bond issue or whatever. I think that that's an emergency situation, but at
this time I would like to have a motion to have a substation in Liberty City
and a substation in Little Havana.
Mayor Ferre: I will not recognize that motion until everybody has had an
opportunity to speak and then I will recognize your motion.
ji Mr. Perez: Are we in a public hearing now?
Mayor Ferret Yes, of course, we are and Sabines wants to speak.
Mr. Perez: No, I don't think that... Yes, but we don't have a public hearing
on the agenda for this issue.
Mayor Ferret Well, but I... Demetrio, I'm not going to cut anybody off from
discussion.
Mr. Perez: Yes, I know, that's your right, but that's not part of the agenda.
Mayor Ferret I will recognize you. I will recognize that motion as soon as
everybody has had his say. Ok. Mr. Sabines want to speak. I'm not going to
cut him off, then I will recognize you for the motion. _
Mr. Luis Sabines: (SPEAKS IN SPANISH). ■
Mr. Odio: (TRANSLATES FOR MR. SABINES). Mr. Mayor, Mr. Commissioners, my
name is Luis Sabines, President of the Latin Chamber of Commerce. From the
very beginning the discussion and all the talks were about two substations,
one in Liberty City and one in Little Havana. I don't know why you have
changed the rule of the game and how it has changed and it's very strange that
the Police Chief is only proposing only one for Liberty City... (IN SPANISH).
He doesn't understand why the Police Chief is recommending one substation for
Liberty City and four mini stations for Little Havana. And if the City of
Miami wants to save money all they have to do is police car in each mini
station and they will resolve the problem. That will not work and that will
not give any results and that will never work. I form part of a committee
appointed by the Police Chief and it was always agreed to that it would be one
in Liberty City and one in Little Havana. He doesn't understand why you want
to start this problem all over again. Thank you, that's all he has to say.
Mayor Ferret Anybody else? Any other statements, questions? (IN SPANISH).
Everybody wants, but nobody... You know, you can't have it both ways. We have
to have it one way or the other. We don't have enough money to do stations
every where in Miami. That's just... I think we have all expressed our
positions. I remain with my position that we are better off by having a
police mini station in the Flagami area off of Northwest 7th Street or Flagler
or some where out there where we have a longer distance to travel and
Allapattah, one in Wynwood and that I think would better serve the people of
Miami, but we will do whatever the majority wants. Are there any other
statements at this time? All right, Commissioner, I recognize your motion.
Mr. Perez: Ok. Mr. Mayor, I would like to repeat my motion in order to
reaffirm what we approve in principle in June 20, 1985. I would like that
this City provide for a substation in the North District or Liberty City and
one substation for the Little Havana area or the South District.
gl 151 July 25, 1985
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Mayor Ferre: All right, is there a second to that motion?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion.
Mr. Plummer: Mr. Mayor, I will be voting in favor of the motion, because I
honestly feel that that is what was presented to the voters. It was clear cut
that there would be five million dollars allocated for each facility. It does
not preclude in the future... I don't know that we can afford it, but if the
people of the Northeast and other people of the area want to encourage mini
stations may be they can go to a special taxing district, but I just very
clearly remember that the wording that was used was two, one in the North in
Liberty City and one in the South. And I feel to keep the faith with the
voters that's why i will be voting with the motion.
Mayor Ferre: Ok. Further discussion, call the roll.
The following motion was introduced by Commissioner Perez, who
moved its adoption:
MOTION NO. 85-846
A MOTION REAFFIRMING THE CITY COMMISSION'S DECISION AS
EXPRESSED IN RESOLUTION NOS. 85-675 AND 85-676 PASSED
AND ADOPTED JUNE 20, 1985, PROVIDING FOR THE
CONSTRUCTION OF ONE POLICE SUBSTATION IN LIBERTY CITY
AREA (NORTH DISTRICT) AND ONE POLICE SUBSTATION IN
LITTLE HAVANA AREA (SOUTH.DISTRICT).
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
NOES: Mayor Maurice A. Ferre.
ABSENT: None.
75. VISITING JOURNALISTS - Brief discussion & temporarily deferred.
Mayor Ferre: 27• All right, ladies and gentlemen, I think I can express my
opinion on 27 quickly and see if the Commission wants to deal with it or not.
Mr. Dawkins: Yes, go right ahead Mr. Mayor.
Mayor Ferre: All right, I happen to have a problem because as I observed what
occurred with the Black newspaper journalist that came in my opinion it was
not well handled. So, I have asked and this is a personal thing of myself,
that other Black P.R. people be considered. And I asked Aida Levitan to
recommend the other names of people that she were talking to. Would you do
that now please?
Ms. Aida Levitan: I'm recommending Gladys Kidd.
Mayor Ferre: Who?
Ms. Levitan: Gladys Kidd, Elaine Peterson, Pat Johnson and Bob Simms. I'm
going to interview all of them and consider them for this sub -contract.
Mayor Ferre: The first three would be acceptable, if you would review those.
--4
gl 152 July 25, 1985
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Mr. Plummer; Well, she can interview them, but to come back and tell this
Commission which one and this Commission would hold final approval.
Mayor Ferre: That's fine with me.
76. AUTHORIZE CITY MANAGER TO ALLOW DADE COUNTY SCHOOL BOARD to install
PORTABLE CLASSROOMS AT EDISON PARK subject to conditions and agreement.
Mr. Dawkins: Mr. Mayor, one other thing. The... Dr. Stinson called last
night...
Mayor Ferre: Who is Dr. Stinson?
Mr. Dawkins: ...from the School Board and we gave permission for them to put
portables in Range Park, but the Manager has not worked out an agreement. So,
I would like to know from the City Attorney is it ok... would it be all right
to give them permission to put the portables there. They say because they
have to start putting them there now to have them ready in September and in
the event that the Manager does not work out what's acceptable to this
Commission that we order them to take them out of the park. Is that... Can
you do such a thing? Are you comfortable with that Mr. Manager?
Mr. Pereira: Yes, I would, you know... We are may be a couple of months from
finalizing the agreement and I have no problems with that.
Mr. Dawkins: Ok. I would like to make a motion then that we...
Mayor Ferre: All right, I accept that. Now, Aida don't leave because we are
going to formalize this. But I will do it after Commissioner...
Mr. Dawkins: Oh, I'm sorry.
Mayor Ferre: No, no, go ahead finish.
Mr. Dawkins: Ok. All right, I would like to make a motion that we allow the
School Board to put the portables in Range Park on the condition that the
agreement worked out between the School Board and the Manager is acceptable to
this Commission.
Mr. Plummer: And if it is not.
Mr. Dawkins: Then they have to take them off.
Mayor Ferre: Ok. Is there a motion and a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion, call the roll.
Mr. Plummer: Are you sure it's Range Park. j
Mr. Pereira: I believe it was Edison Park.
Mr. Dawkins: Edison Park. That's Range.
Mr. Pereira: That's Range. Yes, that's Range Park. You are right.
Mayor Ferre: Call the roll.
Mr. Dawkins: The one near Edison School. So that will clear it up.
gl 153 July 25, 1955
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The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-847
A RESOLUTION AUTHORIZING THE DADE COUNTY SCHOOL BOARD
TO PLACE PORTABLE CLASSROOM STRUCTURES IN CITY OF
MIAMI M. ATHALIE RANGE PARK (A/K/A EDISON CENTER PARK)
LOCATED AT APPROXIMATELY 525 NORTHWEST 62ND STREET,
PENDING NEGOTIATIONS ON A PERMANENT AGREEMENT BETWEEN
THE CITY AND THE SCHOOL BOARD REGARDING SAID
PLACEMENT.
(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.
77. AUTHORIZE CONTRACT: AIDA LEVITAN & ASSOCIATES subcontracting with
individuals for public relations field - City Commission to be advised of
selection of firm
Mayor Ferre: Now, on the issue of the Black journalists because we have voted
on this issue even though the contract has not been finalized. I want to make
sure that the record currently reflects that this is a change of the
directions and that we are now authorizing for the Manager i,o contract... read
the names again of the three firms would you please.
Ms. Levitan: Well, the contract is with Aida Levitan and Associates. I would
subcontract and I will be selecting from three individuals. Gladys Kidd,
Elaine Peterson and Pat Johnson.
Mayor Ferre: And when you have come to your conclusion you will let members
of the Commission know. Ok. And if anybody objects, then we will bring it up
again in September. Is that acceptable to you?
Ms. Levitan: Is that acceptable to Commissioner Plummer?
Mayor Ferre: Otherwise, if nobody objects and you have talked to everybody,
you conclude it. She has the right to do that. Lucia, you are staring at me.
Does that ... Is there a probably with that Ms. Dougherty?
Ms. Dougherty: No, no problem. That's so acceptable.
Mayor Ferre: Oh, I see. Ok. All right, you need a motion then to... Ms.
Dougherty, do you need a motion to that effect?
Ms. Dougherty: les, air, Mr. Mayor.
Mayor Ferre: All right, is there a motion then to
Moved and seconded, further discussion call the roll.
that effect? Moved by...
gl 154 July 25, 1985
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The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 85-948
A MOTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A
CONTRACT WITH THE FIRM OF "AIDA LEVITAN & ASSOCIATES",
AND ADVERTISING AND PUBLIC RELATIONS FIRM, IN ORDER
THAT THEY MAY COMMENCE TO MEET AND NEGOTIATE WITH THE
HEREINBELOW LISTED INDIVIDUALS FOR SUB -CONTRACTING OF
PROFESSIONAL SERVICES IN THE PUBLIC RELATIONS FIELD:
1. GLADYS KIDD
2. ELAINE PETERSON; AND
3. PAT JOHNSON;
FURTHER STIPULATING THAT ONCE A SELECTION HAS BEEN
MADE BY "AIDA LEVITAN & ASSOCIATES", THEY SHALL INFORM
MEMBERS OF THE COMMISSION AS TO SAID SELECTION, AND,
IF ANY COMMISSIONER DISAGREES, THIS MATTER WOULD HAVE
TO COME BACK BEFORE THE CITY COMMISSION.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
78. SECOND READING ORDINANCE: Change Zoning Classification 2701-03 Day
Avenue & 3191 Center Street From: RG-2/5 & SPI-3 Overlay to: RO-2.1/6
eliminating SPI-3 etc.
Mayor Ferre: All right, Mr. Cardenas, as I recall you are the attorney for
both of these items.
Mr. Whipple: Mr. Mayor, and members of the Commission, I would just like to
make two points with respect to this item. The Planning Department does
recommend denial. As indicated on the mapping you can see this involves one
lot in a multiple family district that fronts on 27th Avenue, three lots that
go back into a duplex neighborhood. We feel that this requested change is in
fact spot zoning. It is not consistent with the planning efforts that have
gone in this area, provides too much intensity, will have an adverse impact
upon the residential area to the north and west and south and therefore, I
have recommended this denial. There were certain comments made by the
Commission at the last meeting with regard to a covenant. I suggest that the
covenant is not specifically tied to a type of development, nor is the
requested zoning able to be tied to a specific type of development. However,
to the best of our knowledge, the covenant does reflect some of the comments
that were made to the Commission at the last meeting. The Department
recommended denial of this item.
Mr. George Cather: The Department of Public Works would echo the
recommendations of the Planning Department. We also feel that the potential
build out on this is change of zoning would have a negative impact on the
infrastructure adjacent to the properties.
Mr. Al Cardenas: Mr. Mayor and members of the Commission, for the record my
name is Al Cardenas. I am an attorney practicing law here in the City of
Miami. We came before you last time, seeking the rezoning of the subject
parcels, fronting on 27th Avenue and on Bay Avenue, requesting a change in
zoning from RG-1/3 and RG-2/5 to RO-2.1/6. At time, when we made our
ld 155 July 25, 1985
presentation to you, if you recall, we planned it out that this particular
intersection is probably the intersection in all of Coconut Grove that
comprises the greatest degree of density and the greatest height to the
building structures in the whole area of Coconut Grove. At that time, I
explaine9 to you that out of the nine tallest buildings in the Coconut Grove
area, six were either at `lie intersection or in the immeliate vicinity of it
and as such, created an atmosphere which way- appropriate for the use intended.
I furthermore at that time explained to you that directly across the street on
the east side of 27th AvenuQ, this Commission had as recently as sixty days
ago, approved a change which would permit more square footage of the office
commercial type of space that we were seeking, than the project that we have
before you this evening. I have an aerial shot which I will show you now of
the intersection in question. I am going to cut my presentation relatively
short because you heard most of these comments earlier, but I will tell you as
I show you the intersection that it is obviously an intersection of high
density. It has got five corners and the proposed building will be by far the
shortest structure in this intersection. At the time that we made our
presentation and during the discussion when this Commission voted three to two
to approve the required change, there were two areas of great concern
expressed by this Commission. One area of concern was expressed by Mayor
Ferre and that was a traffic pattern that would be established in the project.
The second area of concern was by Commissioner Carollo who wanted to see more
parking on this particular facility to make sure that the concern about the
parking expressed by the neighbors in the area was addressed. If you will
recall, at that time I proffered a declaration of restricted covenants which
had been voluntarily proffered earlier by our clients, which did a number of
things. One, a provided a boundary line to stay R-G.1/3 along the northern
boundary of the property to prevent others in the future from getting involved
in a domino effect and making sure that there were no transitional use
arguments involved and that others had to appeal before this Commission, just
as we did to present their case without any automatic gimmicks. That had been
done last time. Last time we also told you that there would be no ingress or
egress into or from Center Street and that, of course, was proffered in the
Declaration. I also mentioned last time that there would be an appropriate
buffer on Center Street. Since we made our last presentation, and since we
heard from the neighbors and we heard from the Commission, we went back and
did a considerable amount of work with Dade County Public Works Department. I
presented earlier yesterday to the City of Miami's public works a letter.
I've given each of you a copy of that letter which addresses the traffic
issue. What that letter sets forth, Mr. Mayor, if you recall, the concern
was, that neighbors did not want traffic into and from Center Street and of
course we had resolved that last time with the voluntary proffering that we
did at no access onto and from Center Street, so that wonderful and beautiful
projects there would not have additional vehicular traffic of major
significance. At that time the neighbors on Day Avenue who came and testified
before you also expressed concern about what appears to be a mandatory ingress
to Day Avenue and exiting the facility, which would call for vehicular traffic
.., additional increased vehicular traffic westward for a few blocks through
Day Avenue, and they expressed concern about that issue, and you, Mr. Mayor,
piggy backed on that concern and wanted to get a better idea as to what we
plan to do about the traffic, so we have come with a letter before you this
evening and brought this to meetings, a number of meetings which we had with
Dade County Public Works, where Dade County endorses the idea of a two-way Day
Avenue only until Center Street ... only until Center Street, so that in
effect, the only neighbors using the two way avenue would be those who live in
the sixth story apartment building immediately across the street on Day and
the users of this particular project, my clients. In effect, what we will be
doing is, we will be lessening the traffic going westward on Day Avenue
because we will be providing the neighbors across the street, that apartment
building, with access onto 27th Avenue that they now don't have! I think you
will recall a neighbor at that time said that he often times did something he
shouldn't have by cutting from Day onto 27th Avenue. We will remedy that
problem. Not only will we do that, but as you can see from the Dade County
letter, that two way from 27th through Center Street will be widened by six,
seven, feet to comply with the County requirements and that will be at our
expense, so that the City will benefit by it, the neighbors in the area will
benefit by it and the traffic flow of our project will be confined to the area
of Day Avenue up to Center Street only and 27th Avenue, which I think is a
perfect answer to that situation which you had expressed. At any rate, Mr.
Mayor and members of the Commission, at that time I had explained that the
gl 156 July 25, 1985
amount of traffic would increase by the use of this project would not even be
considered moderate by traffic experts. I explained that the most that we
could have in this particular project would be a total of 74 cars. We have
now of course, agreed to increase that number based on Commissioner Carollo's
suggestion, through our Declaration, where we proffered to add 10% more
parking then is requires. lie also at that time stated that if we developed it
as it is presently zoned, we could have twenty some cars there parked at times
which would be different from commercial times and would become more
conflictive to the residents of the area, so the traffic was minimal to begin
with. We have gone out of our way to go to the County Public Works and come
up with the answer that you requested. We also satisfied Commissioner
Carollo's request to provide additional parking by the voluntary Declaration
which we have also proffered and three, and this we did because of what we
thought were some of the neighbors's comments. We have voluntarily agreed also
to provide a ten foot buffer on the northern boundary of the property, and a
five foot buffer onto Center Street. And we agreed that we will provide
landscaping buffer zone and a ten foot buffer zone, of course, to allow us to
plant tall and fast growing trees which will be amenable to the neighborhood,
I am sure. So, basically, let me put the back the project in perspective,
again. It is a total lot area of about 27,000 square feet; gross lot area of
about 30,000 square feet. The maximum buildout will approximately between
32,000, 34,000 square feet. We will provide ample parking. We will provide
landscaping, additional then required. We will provide for the widening of
Day Avenue onto Center Street only We will minimize the traffic impact. We
will be good neighbors, and more importantly, land use wise will be in keeping
with that intersection. As you remember, the east side of 27th, immediately
facing our property has been rezoned to permit more square footage of office
space and we are requesting where the entrance to the business area of Coconut
Grove - it is a well balanced entrance, having the usage on the east and the
west side and we respectfully request therefore that based on what we
presented last time, based on the additional profferings that have been made
today, that this Commission approve the requested zoning change. I have here
with me, and I failed to introduce her, last time as you know, my client, part
time developer, full time football player, William Judson was here.
Unfortunately, he is now under the rigors and requirements of Don Shula, and
he is not here, but his wife Casandra is here and she is here with us this
evening, so I apologize for not having introduced her earlier, and of course I
will be more than happy to answer any questions or comments.
Mayor Ferre: All right, Mr. Whipple.
Mr. Whipple: Mr. Mayor, just one thing that really pops out and perhaps Mr.
Campbell would like to comment further. But, as we know, when you travel Day
Avenue, it is one way from 27th Avenue over to Mary Street, at which time it
becomes two way. I don't profess to be a traffic engineer, but it becomes
difficult for me to accept 300 feet of two-way traffic for 27th to Center; 300
more feet of one-way traffic from Center to Mary and then two-way traffic from
Mary on. This, to me, does not make good planning sense, let alone traffic
sense. I don't believe the solution being proposed is one that would suggest
that it would make this a better development and have less impact on the
community because, I think the confusion resulting from this type of pattern
would be more confusing to the area than it would be a benefit.
Mr. Cardenas: Mr. Mayor, let me put it this way. We would be willing to
leave of the course the situation alone, it is more convenient for our
client - I was under the impression that the City was exploring different
traffic possibilities and opportunities and I merely showed the letter to
indicate to the City that those opportunities are available, if it intends to
make use of them. I, of course, will abide by what Public Works in the City
of Miami feels more appropriate and by what the City Commission feels more
appropriate. We are here to do the best job we can and to follow your
directive and if Mr. Whipple and his staff, or the Commission feels that it is
not the best solution, why of course, we won't take it into consideration.
Mr. Campbell: Mr. Mayor, if I may add to what Mr. Whipple said. The letter
from Dade County, addressed to Mr. Aurelio says that Day Avenue must be
widened to 24 feet between Center and 27th. That would be seem to be a little
strange too in that you go from 24 feet down to narrower width, west bound.
The provision for east bound traffic on Day Avenue turning right on 27th
Avenue, it also means that it would turn right onto Tigertaii because there is
Id 157 July 25, 1985
no room in there for vehicles to be able to maneuver over into the left turn
lane to go on and go up northerly on Tigertail an3 there is absolutely no way
you can get out and get across 27th Avenue to go north bound on there. The
provisions for submission of plans to the Dade County is a little erroneous in
that that, is a City Street. They would have to come to us for approval and
for permit for development. 1 agree with Mr. Whipple. It is a little strange to go from a two-way, as Dade County says, to a one-way and then back to a
two-way within a block and one-half, or within, let's say, a two block
distance. That indicates to me that possibly the gentlemen who reviewed this
did so in his office and did not aotually go out and look at the area in the
field and did not see the situation that exists there. As I said, we are
concerned about the density that could be built on this property. I realize
that there some indication - I am talking about an office building here, but
it does allow for residential as well, and the residential then, would be the
combined deman:3 on the infrastructure both above and below ground would be
detrimental.
Mayor Ferre: Do members of the public wish to be heard on this? Is there
anyone present? Okay, line up.
Ms. Lucia Anton: Good evening, my name is Lucia Anton. I live at 3165 Center
Street, Number One. At the hearing, the first hearing, I expressed ...
Mayor Ferre: Mrs. Anton, excuse me just a moment, just so we get our order
... I noticed about 15 hands. If everybody speaks speaks about three minutes,
that will take about 45 minutes. It will really be an hour, because there is
always slippage. Now, I would ask that those of you that speak limit
yourselves to three minutes. I would hope that you could make your statements
within three minutes. I hope also that you would not be repetitive. If the
previous person said this is bad zoning, I don't like it - it is an intrusion
into an residential area - we don't need to hear that over and over and over,
because we get the point. So I just think make your points brief, and try not
be repetitive. Now, how many people again wish to be heard tonight? Let's
get the exact count. (NOTE: Mayor Ferre counts speakers) That is eleven. I
saw more hands before, but that is fine, eleven will do. Proceed, please.
Ms. Anton: I aim not repeat any of the things that I said at the other
meeting, because at that point I have expressed my opinion and why I was
opposed to this project, but I did get some tapes of that meeting and I took
notes on what you, the Commissioners, expressed to Mr. Cardenas, and he did
mention that he had submitted a new, revised covenant, which we, the
neighbors, haven't seen, and expressed this evening that he has made some of
those changes, but there is one thing that you people, the Commissioners asked
of him, and he has not mentioned, and that was that he would keep this
building within three levels. Commissioner Dawkins, when he made the motion
stated that building should not be more than three levels high. Mr. Carollo
said four levels, but, Mr. Cardenas, when he said that he would amend or
change his covenant, he specified that he would increase the parking spaces to
81, that he would limit ingress and egress to 27th and Day, and that the
structure would not go above three levels. He hasn't mentioned that today and
we would just like to remind you of that. Thank you.
Mr. Don Gruber: Am I free to speak, Vice -Mayor?
Mr. Carollo: You certainly are.
Mr. Gruber: Mr. Mayor, Commissioner, my name is Don Gruber, my address is
2715 Tigertail Avenue, which is the circled triangle right here. As a matter
of fact, my bedroom faces out on to this projected project - projected zoning
change, and although I also am not a trained traffic engineer, I have watched
this intersection for many years now, and I can tell you that it is going to
be murder as far as traffic goes. I have watched people go down this street
the wrong way innumerable times. You see where 27th hits Day Avenue, there is
one real way to get into Day Avenue and that is coming South on 27th. Now,
people cut through our parking lots - that is in that purple triangle there on
the corner and I know that they are going to do more if they have an office
building there because they will be coming off of Tigertail then. The people,
as you know, have passed out those petitions - there are 60 units in our
building, about 105 owners that are all voters and taxpayers, plus about 50
tenants that are very interested in you voting against this zoning change.
Thank you very much for your kind attention.
ld 158 July 25, 1985
77� 'M7AA"" "IRIf'I"IM1lll�
F
Ms. Louise Rubin: Gentlemen, I am Louise Rubin. I live with my husband at
3166 Center Street, in the morning shadow of the proposed project. We bought
our fifty's cottage over ten years ago, based primarily upon the beauty of the
lovely d-a9 end residential street with zoning assurance that
it would remain that, way. We extensively renovated our cottage into a lovely,
comfortable home. Mr. Stewart Taylor's existing home, nestled in lovely old
trees on the site of the planned project is readily visible from ours, and
very much in keeping with it, an3 our neighbors. The intrusion of a three to
four story commercial building into this setting serves no one but the
developer and landowner. Granted, we, and our neighbors are biased, so let us
turn for proper answers to your own paid professionals! Your Planning
Department recommends denial. Your Sanitation Department recommends denial,
and your own Zoning Board, which you set up to save you from these hassles,
failed to recommend approval, therefore constituting a recommendation of
denial. Proponents only have been those monetarily involved. Opponents have
been all your professionals and the entire remaining neighborhood without
exception. Can you really, in good conscience, move 27th Avenue into Center
Street? I refer you to the last paragraph of the attached. ':hank you.
Mr. Louis James: Mr. Mayor and Commissioners, my name is Louis James, and I
live at 3165 Center Street, Unit Number 3, and I think I stand one of two to
be the most effected, because I live right smack next door to this affected
property. Everything that I want to say has been said with one or two
exceptions. That is, first of all, there are decades old, full grown oak
trees on this property that would have to be destroyed. As Mr. Cardenas said,
put in fast growing and tall trees, and I know what they are. Their root
systems get under everything and just completely wreck sidewalks, home
foundations and anything else that gets in their way. That is an aesthetic
viewpoint. My other question is, what is to keep these people (perhaps this
is rhetorical) on the opposite corner of Day and Center Street, there is
property owned by the same gentlemen, Mr. Stewart Taylor. A good part of it
is vacant now and I know darned well that if this passes, their next move will
be to take that piece of property and put some other monstrosity on it. I
urge you to please vote against this. Thank you.
Mr. Kim Porter: I am Kim Porter, I live at 2538 Lincoln Avenue. The issue I
would like to raise tonight is for us to consider what 27th Avenue's future
plans are and until the City of Miami's Planning Department comes before us
with a complete plan, for us to consider not voting for anything else on 27th
Avenue to create spot zoning and set precedents. Thank you.
Mr. David Ligerman: Mr. Mayor, and Commissioners, my name is David Ligerman.
I live at 2715 Tigertail Avenue and have been an owner and resident of a unit
in Tigertail Bay for almost ten years and I am strongly opposed to this
becoming a commercial area, not just the project currently brought up with the
zoning change requested by Mr. Taylor through his attorney, but also that it
would make the whole area eventually become commercial, and thereby destroying
the whole nature of Coconut Grove as an area of residencies, also at this
point nicely mixed with commercial areas, but this would be the beginning of
the end for any residencies in this particular section of Coconut Grove, and
would render it a strictly commercial area forcing us to eventually have to
leave. The only other thing I would like to point out, since the attorney had
also mentioned that this was headed by Mr. William Judson, I am also a great
fan of Mr. Judson and a great quarter -back for the Miami Dolphins. He is the
officer, he is not the person whose name is here as the applicant. Please
vote against it. Thank you very much.
Mr. Ron Cole; Good evening, my name is Ron Cole. I live at 2542 Lincoln
Avenue. I am a Vice -President of the Tigertail Association. I would adhere
to the Mayor's injunction to be non -repetitive, simply underscoring the
comments of my neighbors. It is an intrusion into the neighborhood, the
residential neighborhood, and is completely out of place, and to add something
new, to avoid traffic congestion that will be created by the development, the
street I live on, Lincoln Avenue, will, I think, be the recipient of some of
the additional traffic flow. As you know, two traffic lights have been added
in the neighborhood at the corner of South Bayshore and Aviation and at
Tigertail and Aviation, and some of the traffic that will avoid those two
lights plus those that would avoid the traffic congestion at 27th and Dixie
and Bird Road coming from the downtown area, might take the short cut down
ld 159 July 25, 1985
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22nd, and then down Lincoln Avenue, making that residential street even more
congested, so I think that is another thing to consider, and finally, I would
just like to add this comment that I think it is very gratifying that at least
two members of this Commission ,yesterday appeared before our School Board to
express their support for public opinion on an issue, and I would just hope
that that same good public spirit and sentiment will be i:: support of the
people's wishes tonight. Thank you.
Mr. Robert Ravelli: My name is Robert Ravelli, I live at 2715 Tigertail
Avenue and I also would like to say that I am a professional city planner, not
employed by the City of Miami, of course, but I work as a private consultant,
so I speak to you not only as a concerned citizen, and a resident of the area
affected by this development, but as a professional planner who has knowledge
of the issues involved here and the reasons why this thing should be denied.
Mr. Cardenas made some arguments in favor of this development. You have heard
your own staff make a recommendation against this. I, as a professional
planner am outraged by the fact that your own professional staff is being
ignored in this matter, and I urge you to listen to them as they have spoken
this evening and to vote against this project because it has not positive
merits from a planning point of view whatsoever, and I have one question I
would like to ask Mr. Cardenas. Mr. Cardenas, you mentioned in your
presentation that you had had a traffic count done for here? You have not?
You have no idea how much traffic would be coming from your project unto 27th
Avenue?
Mr. Cardenas: Sure I do.
Mr. Ravelli: You had a traffic consultant hired to do this?
Mr. Cardenas: We had ... as a matter of fact, I said specifically last time
that we had not retained a traffic consultant because my familiarity with
representing clients and various projects told me that the number of parking
spaces and the number of square footage of construction of this particular
project was of such low volume that assuming that all of those parking spaces
were filled constantly, and assuming there is a constant traffic flow to and
from the project, which, I don't believe that will be the case, assuming all
of that occurs, that a traffic planner could not even say that there would be
a moderate increase in traffic, because we are only talking about a 30,000
some square foot facility and we are only talking about 70 some traffic spaces
and when you take that into consideration, any traffic planner that I know,
based my previous experience would have to testify that the traffic flow
increase would not even reach a moderate stage.
Mr. Ravelli: But you have not retained a traffic consultant to analyze this
in detail?
Mr. Cardenas: That is correct.
Mr. Ravelli: I just would like to conclude by saying that you have heard the
recommendations of your staff and I do hope that you will, since you do pay
these people to do this job for you, that you will h?ed their advice - it is
good advice, based on sound planning principles, to defeat this proposal.
Thank you.
Mr. Rich Heisenbottle: I am a resident of 2778 Day Avenue. I am an
architect, and I am a planner, as well as being a Grove resident. I have
often stood before you and encouraged you to approve projects, approve
developments. But, what we have seen here, in the last two meetings is a
flagrant misrepresentation of facts by Mr. Cardenas. Mr. Cardenas made a
statement to you that land use wise, this project would be in keeping with
what was at that intersection and he told you that intersection was 27th
Avenue, and in fact this project is not on 27th Avenue a!i9 '-),y Ave-riaa ani half
of a lot actually intersects 27th Avenue: and the bulk of this project, as you
can see from this diagram is really on the corner of Center Street and Day
Avenue, so what we really see here is a project that is not at all in keeping
with what exists at that intersection, which is frankly, single family houses,
a couple of duplex homes, very small scale, two story maximum height. When
considered in this vein, it becomes clearly an act of spot zoning. The
ld 160 July 25, 1985
Commission's duty has always been to act to the benefit of this City, to the
benefit of the majority of the City and I think as a whole, the Commission has
always done it very sincerely, but this project is not for the benefit of the
City. It is not for the benefit of the City from the point of view of taxes
that will by paid on that property because all the residential properties here
are taxed very highly. I, myself pay over $2,500 a year and require no
services for my onP little townhouse. The other residents of that townhouse
sitting out there tonight, the other unit owners, pay similar taxes and ask
for no services whatsoever from the City. This project as presented here _
would provide a benefit to only one person. While we would like to see that
one person prosper, we don't won't see that one person prosper at the behest
and at the loss to the other residents. We have heard some conciliations, if
we may call it that, proffered by Mr. Cardenas, one of them was the suggestion
that we take that little portion of streets that exist between Center and 27th
Avenue and we convert that to two-way, and that will help the traffic. There
are a number of reasons that that is not two-way right now. One is because
the intersection of 27th Avenue is virtually unsafe, if it is two-way, but
beyond that, that are no active exits, as Mr. Cardenas has told you, from the
residential property, the large apartment complex, on the corner of 27th and
Day. There are no active exits from that complex to Day Avenue now. From
deleting the on -street parking on Day Avenue and making that a two-way street,
you would be doing a serious disservice to the residents who have to rely on
that on -street parking. We have not heard Mr. Cardenas proffer restrictions
that would prohibit his clients from using Day Avenue, although they were
suggested by some of the Commissioners at our last hearing. We have not heard
Mr. Cardenas proffer restrictions that would limit his client's height of the
project to two stories, or even three stories, although they were suggested by
members of the Commission at the last hearing. In short, we have heard a lot
of rhetoric and a lot of misrepresentation, including misrepresentation about
the ownership of the property. I would then ask you to consider that, all
those facts, and vote in favor of the residents of the community that have
offered so many petitions to you requesting your assistance. Thank you very
much.
Ms. Thelma Alschuler; My name is Thelma Alschuler, I live at 3100 Jefferson
Street and I am the head of the Tigertail Association. I just have three
words for you, really - one is 27th Avenue. I'd like to repeat this is not
27th Avenue. This is a little chunk of 27th Avenue which is being used as a
pretext for changing a tremendous"L" shape in back of us. The other that I
would like to suggest is residences. We keep hearing about how we need
residences. I think that it would be much better to have this area being
freed for people who would be there after 5;00 o'clock and could use this as a
pedestrian, and the third magic word that I have for you is Mr. Whipple. I
heard Mr. Cardenas say he will do whatever Mr. Whipple says. He was saying he
was speaking in terms of whatever you want to do about traffic. I say go all
the way with Mr. Whipple. He said recommend denial. The City Planning
Department has recommended denial and please, listen to what the neighbors
want and agree with your professional planners.
Mr. Jim McMaster; My name is Jim McMaster, I live at 2940 S. W. 30th Court in
Coconut Grove. I understand that in the City now, there is a 27th Avenue
study going on and that 27th Avenue is to be widened. The reason for widening
27th Avenue is to make it so you can get from Bayshore Drive to U. S. 1.
Logic just tells you what is going to happen at this intersection with this
building and street pattern the way it is. I was speaking to a member of the
Planning Department yesterday and they are planning on closing off many
streets up and down 27th Avenue in order to facilitate the movement of
traffic. This us a prime candidate for closure. If you approve this building
you will make it so the City cannot close it. We don't need a five sided
intersection here. There are three different segments of Center Street that
parallel 27th Avenue. There is this one, there is one up by Bird Road and
there is one up by U. S. 1. How are you ever going to tell any other property
owner facing 27th Avenue that they cannot have a piece of property back on
Center Street? If you go up to Bird Road there is high density commercial.
At the end of Center Street and then there is 27th backs into it on both
sides. How are you going to tell them no? How are you going to tell the
people up by Coconut where there is CR-7 zoning? ... and Center Street comes
in behind that. How are you telling them they can't take Center Street? If
you rezone this, there is no way to stop all three sections of Center Street
going all the way up to U. S. 1 from being rezoned high density. If the
Id 161 July 25, 1985
OK
E0
Commission feels that it is in the City's best interest to expand the high
density zone over another block, then you should vote for this. It is a
logical move. If not, you should vote against it. Thank you.
Ms. Marilyn Reed: My name is Marilyn Reed, I reside at 3183 McDonald Street.
I wasn't going to speak tonight until heard what was going to happen with the
traffic here, so that is all T care tc address. I would suggest to you that
this is going to create chaos - what is being proposed up here on the traffic
and I want to support the Planning Department and the Public Works Department
in their recommendation. This is my way to get home to my property, and I had
trouble for years getting home with the changes in the traffic pattern in
downtown Grove, when I come up Main Highway. I cannot get to my property
anymore. I have to go all the way down to Bayshore and come around Aviation,
because it is a mess. The same thing here. This is how I get home when I
leave here tonight. I take a left there on Day and if you allow this to
happen, this kind of traffic pattern, I suggest to you you are going to have
just exactly what I have complained about to you before down there in my area,
which is 67 traffic, right through here, by Homicide - Vehicular Homicide. I
still haven't gotten my traffic light over there, and my sign, even though we
tried, J. L., so you got really a bad situation over here, and I think that is
the prime thing that I would be concerned about tonight and I would ask you to
please not allow this to happen. Thank you.
Mayor Ferre: Are there any other speakers? Have we heard all of the public
speakers at this time? All right, we now give Mr. Cardenas time for rebuttal
and I would like to ... Marilyn Reed, I actually ... you know, I will ask the
architect, the gentlemen with the blue tie? Why don't you stand over here in
case there is anything that needs to be answered from your viewpoint? Give
you the opportunity to rebut Mr. Cardenas' statements, if you wish. All
right, Mr. Cardenas.
Mr. Cardenas: Mr. Mayor, very, very, briefly, the answer to the comment about
the parcel on 27th Avenue, just the correct the record, it is a full lot. It
is 50 by 150, that is a buildable lot under the definition of the City of
Miami and it is that way and it has been that way. Regardless of the
arguments that we have made, we are at a major intersection - a five corner
intersection in the Grove. That intersection has a center - a certain air and
character to it and we are an appropriate land use change based on the those
changes which have occurred. We have provided traffic alternatives which puts
us at the disposal of this City. The size of the property has been minimized
by the covenants which have been proffered and by the physical size of the
site. It is not a major project. It is a minor project. It will be the
smallest project in that particular corner, but furthermore, if you see and
drive around that corner, you will realize that the structures which there
exist now, and not the kind of wonderful, beautiful, structures that are owned
by the people who spoke in here today and I assure you that Mr. Judson who has
developed a very, very nice facility in the Gables in keeping with that
particular character and integrity of that area of Coral Gables, will do the
very same here and I think all of you, once you see it is completed, that will
be assured that it is lovely, it is in keeping with the character of that
area, and that the size of the project will be bring about minimal changes to
the neighborhood and I thank you very much for your support of it.
Mr. Heisenbottle: Mr. Mayor, thank you for the extra time. Mr. Cardenas, may
I ask you a question? Because, you have failed to point out to the Commission
what the length of your property is on Day Avenue and what the length of your
property is on Center Street. You pointed out that we had fifty feet of
property on 27th Avenue, which virtually, when you consider the setback
becomes unbuildable for an office use, but on Center Street, how many feet of
property does you client propose to purchase?
Mr. Cardenas: I think the application, which you have seen as an architect is
pretty obvious. We have 300 feet on Day and about 125 on Center, and to
correct your statement, you can build a structure with a setback requirements
of the lot on 27th Avenue.
Mr. Heisenbottle: Does your client's preliminary plans that you have seen -
does it show a structure on that area?
Mr. Cardenas% Excuse me?
Id 162
July 25, 1985
1
Mr. Heisenbottle: You have
show a structure - do those
is the corner of 27th Avenue
some preliminary plans for this site. Does it
plans show a structure on that small parcel that
and Day?
Mr. Cardenas: I will answer you anyway, if that is the format that the
Commission wishes to follow. The answer is, this is not a contract zoning
application. We have not submitted a site plan along with our application
because it is not part of the process, and I cannot guarantee you therefore
that anything in particular will go there, but the site plan which has been
proposed does include a structure on that lot, yes, sir.
Mr. Heisenbottle: Commissioners, the only other thing that I would like to
add is that in fact, the land use changes that Mr. Cardenas speaks of have
really begun to occur on the major intersections on 27th Avenue on the very
south side and certainly around Bayshore. There are certainly no land use
changes that have occurred on Day Avenue in years, and no land use changes
that have occurred on Center Street in years. We have 300 feet of property
and 150 feet of property on those corners. Thank you very much.
Mayor Ferre: Mr. Cardenas, is there anything else you want to add? All right
then, we conclude the public presentation Questions from the Commission.?
Any questions? All right, any statements? Okay, what is the will of this
Commission on Item 2?
Mr. Dawkins: Mr. Mayor, I move that this application be approved and it is
nothing unusual for the Planning Department to vote denial and for us here to
vote the other way. Item 1 this morning the Planning Department voted denial,
and we approved it. Item 9, the Planning Department recommended denial and we
approved it, so this is nothing, and I feel that this is a good project,
therefore I vote that the application be approved.
Mayor Ferre: All right, there is a motion on the floor. Is there a second?
Mr. Perez: I second, Mr. Mayor. We explained the first reading and I am
satisfied with the different specifications in the covenant and I would like
to second.
Mayor Ferre: All right, further discussion on the motion as presented? All
right, read the ordinance.
AN ORDINANCE
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF LOT
1, CORNELIA M. DAY'S SUB (3-16) FROM RG-2/5 GENERAL
RESIDENTIAL AND SPI-3 COCONUT GROVE MAJOR STREETS
OVERLAY DISTRICT TO RO-2.1/6 RESIDENTIAL -OFFICE
ELIMINATING THE SPI-3 AND BY CHANGING THE ZONING
CLASSIFICATION OF THE SOUTH 1/2 OF LOT 12, LOT 13 AND
LOT 14 CORNELIA M. DAY'S SUB (3-16) FROM RG-1/3
GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO RO-2.1/6
RESIDENTIAL -OFFICE ALL OF SAID LOTS BEING GENERALLY
DESCRIBED AS 2701-03 DAY AVENUE AND APPROXIMATELY 3191
CENTER STREET, MIAMI, FLORIDA; MAKING FINDINGS AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 20, 1985,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Perez, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote-
ld 163 July 25, 1985
a
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
NOES: Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: tone.
ON ROLL CALL:
Mr. Carollo: Yes, I feel that we really haven't heard anything at this
meeting that we haven't heard at the original meeting.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10028.
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.
79. AMEND RESOLUTION BEFORE P.A.B. IN CONNECTION WITH CLAUGHTON ISLAND - 2
SITES INSTEAD OF 3 AND NONE IN S.E. OVERTOWN/PARK WEST AREA.
Mr. Dawkins: Mrs. Dougherty, would clear up the Claughton Island problem that
you say we have?
Mrs. Dougherty: Yes, sir, Commissioner Dawkins. The resolution that went
before the Planning Board had still in it three sites. My understanding is
that you want to have two sites for the Claughton Island and for that reason,
we need to amend the resolution to recite that there are only two sites and
furthermore, that they will not be included in Overtown/Park West.
Mr. Dawkins: Anyplace else but Overtown/Park West. Okay, so move.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-849
A MOTION TO AMEND A RESOLUTION WHICH WENT BEFORE THE
PLANNING ADVISORY BOARD IN CONNECTION WITH CLAUGHTON
ISLAND AS FOLLOWS:
1. THAT TWO SITES WOULD BE SELECTED
FOR THE PROPOSED CONSTRUCTION
RATHER THAN THREE.
2. THAT NO CONSTRUCTION TAKE PLACE IN
SOUTHEAST/OVERTOWN/PARK WEST AREA
IN ORDER TO SPREAD DEVELOPMENT
MORE EVENLY THROUGHOUT THE CITY.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
ld 164 July 25, 1985
fN
1
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. EMERGENCY ORDINANCE: AMEND CAPITAL APPROPRIATIONS ORDINANCE. ESTABLISH
FLORIDA EAST COAST SETTLEMENT PROJECT.
Mayor Ferre: Item 28 is an easy one. Nobody has any objections to that, is
that correct?
Mr. Dawkins: I will move it.
Mayor Ferre: All right, it is recommended by the City Attorney. Is that
correct? Moved by Dawkins. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion on the ordinance? It needs
four/fifths vote. Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9939,
ADOPTED DECEMBER 20, 1984, THE CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE, BY APPROPRIATING AN AMOUNT
OF $1,300,000 FROM PARKS GENERAL OBLIGATION BOND FUNDS
AND $282,000 FROM THE CAPITAL IMPROVEMENT FUND TO
ESTABLISH THE FLORIDA EAST COAST SETTLEMENT PROJECT,
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Perez, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
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.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Perez, adopted said ordinance 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.
ld 165 July 25, 1985
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10029.
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.
81. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS TO PENSION TRUST FUND,
ATTORNEYS FEES ARISING FROM CITY PENSION LITIGATION.
Mayor Ferre: All right, we are now on Item 29. This is the pension trust
fund.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves, is there a second?
Mr. Perez: Second.
Mr. Plummer: For the record, this is in accordance the Gates Settlement.
Mrs. Dougherty: Trust fund.
Mayor Ferre: Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 5 AND 6 OF
ORDINANCE NO. 9901 ADOPTED SEPTEMBER 21, 1984 THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1985, BY INCREASING THE
APPROPRIATION FOR THE PENSION TRUST FUND IN THE AMOUNT
OF $876,000 AND BY INCREASING REVENUES IN THE SAME
ACCOUNT FROM FY'84 PENSION FUND BALANCE FOR THE
PURPOSE OF PROVIDING FUNDING TO PAY $876,000 FOR THE
PAYMENT OF PENDING CLAIMS FOR REASONABLE PLAINTIFFS'
ATTORNEYS FEES ARISING FROM CITY PENSION LITIGATION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Perez, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
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.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Perez, adopted said ordinance by the following vote-
ld
166 July 25, 1985
IkN
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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10030.
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.
82. PERMIT FIREWORKS - BAYFRONT PARK - AUGUST 10, 1985 IN CONNECTION WITH A
CITY OF MIAMI CELEBRATION.
Mayor Ferre: All right, we have a resolution relaxing the limitations of
displays of fireworks to be allowed in the staging of pyrotechnic displays in
Bayfront Park until midnight on August 10, 1985; subject to the issuance of a
permit by the Department of Fire, Rescue and Inspection Services. Is there a
motion?
Mr. Dawkins: Move it.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll. Mr. Manager, is this a
resolution?
Mr. Pereira: Yes.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-850
A RESOLUTION RELAXING THE LIMITATIONS ON THE DISPLAY OF
FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN
BAYFRONT PARK UNTIL MIDNIGHT ON AUGUST 10, 1985, SUBJECT
TO THE ISSUANCE OF A PERMIT BY THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: 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
ld 167 July 25, 1985
83. ALLOCATE $70,000 FOR ROOF REPAIRS TO ORANGE BOWL STADIUM.
Mayor Ferre: These are two resolutions regarding the University of Miami
desire to advance funds for photo deck at Orange Bowl.
Mr. Plummer: That is a resolution. It is just a formalization. I move it as
I did this morning.
Mayor Ferre: Plummer moves the resolution.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption: -
RESOLUTION NO. 85-851
A RESOLUTION AUTHORIZING THE UNIVERSITY OF MIAMI, THE
DEPARTMENT OF PUBLIC WORKS AND THE OFFICE OF STADIUMS TO
ACCEPT FINAL PLANS AND SPECIFICATIONS FOR THE NEW ROOF TOP
PHOTO DECK AT THE ORANGE BOWL; FURTHER AUTHORIZING THE
UNIVERSITY OF MIAMI TO ENTER INTO A CONSTRUCTION CONTRACT
FOR SAID PHOTO DECK AT A COST NOT TO EXCEED $70,00 WITH
THE UNIVERSITY OF MIAMI TO RECOVER SAID CONSTRUCTION COSTS
AS A CREDIT AGAINST THE•ADMISSIONS TAR DUE THE CITY AS A
RESULT OF THE USE OF THE ORANGE BOWL STADIUM FOR THE 1985
UNIVERSITY OF MIAMI FOOTBALL SEASON SUBJECT TO THE
INSPECTION AND APPROVAL OF THE COMPLETED CONSTRUCTION BY
THE DEPARTMENT OF PUBLIC WORKS AND THE OFFICE OF STADIUMS.
(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
84• CONCERNING PLAYING UNIVERSITY OF MIAMI FOOTBALL GAMES IN THE ORANGE BOWL
STADIUM.
Mayor Ferre: Now, the other resolution?
Mr. Pereira: There is one with the contract with Miami Dade Trade and Tourism
for the period of ...
Mayor Ferre: No, sir, there are two University of Miami resolutions. I am
asking for a motion on the second resolution authorizing the Manager to
execute an amendment in a form acceptable to the City Attorney to the City of
Miami's agreement with the University of Miami for the playing of its football
games in the Orange Bowl Stadium which will permit the University of Miami to
make improvements to the Orange Bowl Stadium roof.
ld 168 July 25, 1985
�71 ■1pR!!17l�77l�R�.7.� _
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Mr. Plummer: So moved.
Mr. Perez: Second.
Mayor Ferre: Plummer moves, second by Perez. Further discussion? Call the
roll.
The following resolution was intruduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-852
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO THE
CITY OF MIAMI'S AGREEMENT WITH THE UNIVERSITY OF MIAMI FOR
PLAYINI ITS FOOTBALL GAMES IN THE ORANGE BOWL STADIUM
WHICH WILL PERMIT THE UNIVERSITY OF MIAMI TO MAKE
IMPROVEMENTS TO THE ORANGE BOWL STADIUM ROOF TOP PHOTO
DECK AND BE REIMBURSED BY THE CITY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
85. ALLOCATE $18,750 TO MDTTC TO PROMOTE CITY OF MIAMI AS A BLACK CONVENTION
SITE.
Mr. Pereira: Mr. Mayor, I believe you have in front of you the contract with
Miami Dade Trade and Tourism for the period of August 1, 1985 through October
31, 1985 in the amount of $18,000.
Mayor Ferre: Wait a minute! I thought it was ... this is the right one,
$18,000?
Mr. Pereira: Right.
Mayor Ferre: But, I thought it was a $75,000 agreement.
Ms. Charlotte Gallogly: The agreement is based on an annual use contract of
$75,000 and it provided 90 days of that funding, which is $18,750, during
which time we would hope to be able to come back in September.
Mayor Ferre: Is there a motion?
Mr. Dawkins: Move it.
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll.
Id 169 July 25, 1985
0
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N
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-853
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO iqE CITY ATTORNEY, WITH —
MIAMI-DADE TRADE AND TOURISM CO1C4ISSIOi;, !NC. ;MDTTC) IN
AN AMOUNT NOT TO EXCEED $18,750 FOR THE PERIOD OF AUGUST
1, 1985 TO OCTOBER 31, 1985 TO ASSIST THE CITY OF MIAMI IN
PROMOTING THE CITY AS A POTENTIAL BLACK CONVENTION SITE
AND TO INCREASE THE INVOLVEMENT OF BLACKS TO TOURISM
RELATED ACTIVITIES SUBJECT TO THE SUBMISSION BY THE MDTTC
OF A BUDGET AND WORK PROGRAM ACCEPTABLE TO THE CITY AND
THE SUBMISSION BY THE MDTTC OF AN INDEPENDENT AUDIT OF ITS
1984-85 CONTRACT PERIOD BY OCTOBER 31► 1985 WITH SAID
FUNDS ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND."
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Planner, 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
86. ALLOCATE $12,000 FOR ADVERTISEMENT IN "L" EXPRESS.
Mayor Ferre: What else, Mr. Manager?
Mr. Pereira: You have the approval of the $12,000 for the purchase of the
advertisements in the "L" Express, which you ...
Mayor Ferre: What?
Mr. Pereira: The advertisement on the French magazine that you approved last
Commission meeting. This will formalize your action, sir.
Mayor Ferre: Is there a motion?
Mr. Plummer: Moved.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, call the roll.
ld 170 July 25, 1985
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-854
A P.ESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE
EMERGENCY ACTION OF THE CITY MANAGER, BY A 4/5TH
AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, IN AUTHORIZING THE PLACEMENT OF A ONE -
PAGE, FOUR COLOR ADVERTISEMENT IN THE FRENCH MAGAZINE
"L" EXPRESS IN AN AMOUNT NOT TO EXCEED V 2,000 WITH
FUNDS THEREFOR ALLOCATED FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND.
(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.
87. FIRST READING ORDINANCE: INCREASE FEES FOR USE OF CITY OF MIAMI CHILD
DAY CARE FACILITIES.
Mr. Perez: Mr. Mayor, Item 31, that I requested to be continued that the
Administration claimed that needed for September - that is about the Day Care
charges. I would like to move ...
Mayor Ferre: About the what?
Mr. Perez: The Day Care ...
Mayor Ferre: Oh, the Day Care charges, all right.
Mr. Perez: Okay, pending for they bring a group of parents for the September
meeting to make the explanation.
Mayor Ferre: All right, on first reading, Commissioner Perez moves. Who
seconds?
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Read 31 on first reading only. It goes from
$31 to $35, from $198,000 to $215,000. All right, read the ordinance - 31,
please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 30-26, 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.
Was introduced by Commissioner Perez and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote-
ld 171 July 25, 1985
fi
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.
88. DISCUSSION: POSSIBLE ITEM TO BE INCLUDED ON NOVEMBER 5TH BALLOT. INVOKE
5-DAY-RULE AND MANAGER TO PUBLISH ON SEPTEMBER AGENDA.
Mayor Ferre: Now there is an ordinance providing for the holding of a special
municipal election on November 5th for $6,000,000 of general obligations ...
up to $6,000,000 for the purposes of purchasing a property ...
Mr. Carollo: I invoke the five day rule, Mr. Mayor.
Mayor Ferre: Okay, put it on the agenda for September.
Mrs. Dougherty: It will be an emergency ordinance at that time.
Mayor Ferre: It will have to be an emergency ordinance. He has a right to
invoke the five day rule.
89. METRO-MIAMI ACTION PLAN - ALLOCATE $26,450-
Mayor Ferre: The only one that I have, that I think you forgot, Mr. Manager,
is the M.M.A.P., they are asking the City of Miami to participate - the
conference cost is $70,000, but the City is to fund $25,000. Total value for
everything is $26,450- Is that correct? Signed by Steve Clark, Larry Capp,
David Ziska and Roberto Ruiz, Co -Chairman.
Mr. Pereira: I have not seen the letter. Obviously, we worked out, you know,
a working agreement and we will be participating. I really can't address it
unless I see the contents of the letter, sir.
Mayor Ferre: Mr. Manager, as you recall, the agreement that was made, as I
understand it, between you and Stierheim was that we were going to involve
ourselves, and so on and here is the bill!
Mr. Pereira: That is part of the conference - not for the conference - that
is the annual conference.
Mayor Ferre: That is the bill, $26,450. Are you recommending it, is my
question.
Mr. Pereira: If we are participating, we are recommending it, yes, sir.
Mayor Ferre: Is there a motion that the City of Miami participate -
Metro/Miami Action Plan Annual Conference.
Mr. Carollo: Yes, moved.
Mayor Ferre: Moved by Carollo, is there a second?
ld 172
July 25, 1985
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion? Call the roll.
The `allowing resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-855
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$26,450 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, TO METRO-MIAMI ACTION PLAN IN SUPPORT OF ITS
ANNUAL CONFERENCE TO BE HELD SEPTEMBER 6 AND 7, 1985
AT THE MIAMI CONVENTION CENTER.
(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 -
July 25, 1985
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissoner Miller J. Dawkins
Mayor Ferre: When you recommend this for funding, add to it that the City
supports the MMAP plan their continued progress in City representation in
MMAP. It doesn't need that! Mr. Manager, we don't need to put all those
special clauses in there that it means that the City is going to be
represented. Obviously the City is going to be represented, right?
Mr. Pereira: Of course. You know part of it, all along, and you know we will
be there and we will have staff assigned to it.
90. APPOINT TWO PERSONS TO PRIVATE INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA
FOR TERMS TO EXPIRE JUNE 30, 1987.
Mayor Ferre:
Is there anything else?
Mr. Pereira:
Mr. Mayor, I believe that on Item 59, the appointments you
picked, the
City Clerk is telling us that did not pass. We
are under the
impression that it had passed. Can we get some clarification on
that?
Mayor Ferre:
Which item, sir?
Mr. Pereira:
Item 59.
Mayor Ferre:
What is that in reference to?
Mr. Pereira:
That is the appointment for the PIC.
Mayor Ferre:
Yes, the PIC recommendations - one was,
we voted for
Commissioner
Perez recommended Luis Sabines' recommendation.
Ms. Hirai:
Mr. Mayor, there were two appointments made.
Immediately
afterwards, there
was a motion to rescind it.
Mayor Ferre:
Who made the motion to rescind it?
Ms. Hirai: Mr. Plummer, seconded by Mr. Dawkins. And then ...
Mayor Ferre: Plummer, did you make a motion to rescind the appointments of
PIC?
Mr. Plummer: No. The motion to rescind was based on Commissioner Dawkins,
who gave up his appointment and gave it to Commissioner Perez.
Ms. Hirai: For Commissioner Perez, that is correct.
Mr. Plummer: The next motion was that my appointment and that one named by
Demetrio was approved.
Mayor Ferre: So what is the problem?
Ms. Hirai: Mr. Perez suggested Elmer Leyva and the roll call was never called
on that, but I can add him on.
Mayor Ferre: Make the motion again so that it is perfectly clear. Go ahead,
Plummer, read it into the record. Who are the names?
Mr. Plummer: Mine is Habif and yours is Leyva.
Id 174 July 25, 1985
Mayor Ferre: Habif and Leyva. All right, moved by Plummer, seconded by
Perez. Further discussion on Elmer Leyva? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO- 85-956
A RESOLUTION APPOINTING TWO (2) MEMBERS OF THE PRIVATE
INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR TERMS TO
EXPIRE JUNE 30, 1987.
(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.
91. PUBLIC HEARING: Request for change of Zoning Classification 5950-5990 N.
W. 7 Street from RS-2/2 to RG-3/5 (Continued to September 26, 1985 after
6 P.M.)
Mayor Ferre: All right, what we have before us now is Item 3.
Mr. Whipple: Mr. Mayor and members of the Commission, in the interest of
statistical analysis and time, the Planning Department recommends denial. The
Planning Board recommended denial 8 to 0. The City Commission deferred this
item June 20th I believe for one of the Commissioners to visit the site and
unless you have some questions why that will conclude my presentation.
Mayor Ferre: Go right ahead.
Mr. Al Cardenas: Thank you, Mr. Mayor. I will also, for the sake of your
calendar try to push my presentation as quickly as we can. My name is Al
Cardenas. I'm an attorney in the City of Miami. For the record I represent ti
the applicant in this case. I would like to very quickly introduce the
applicant and some of it's principles present here. Mr. Terry Mall, the
Chairman of the Board of Pan American Hospital. Mr. Mall. Ms. Carolina
Calderin the Assistant Administrator, Mr. Roberto Tejidor the Assistant
I
Administrator, Ms. Mierya Guzman Assistant Administrator, Mr. Burt the
architect who is here with me and Mr. Micheal Mora, the General Council for a
hospital. I also like those of you who are here in favor of the application
to also stand up and be recognized for the purposes of the meeting. Thank
you. Thank you very much. Very...
Mayor Ferre: All right, all right. Ok. All right, wait a minute. Let me
handle it. I know what you are going to ask me to do. So, let me do it
before you do it. All right... wait a moment. I'm running the meeting. Sit
down. All right, would the other side who is opposed now stand up. Stand up.
All of you who are opposed. Ok. All right, now, how many of you that are
opposed live in the neighborhood. Ok. You all live in the neighborhood.
Now, sit down. All right, now, how many of you are for the Pan American
Hospital's request? Stand up. Ok. How many are for the Pan American
Hospital request? How many of you live in the area. Those of you that do not
gl 175 July 25, 1985
* x-� i "v [^'TrS ; 1 - y ss fg� i" e4f
live in the area... How many of you that are for live there? Live, live.
Five. Ok. Now, how many of you that are for it work there? Now, stand up.
Ok. Now sit down. Ok. Is that clear now? Ok. All right, Mr. Cardenas
proceed.
Mr. Cardei.a: Thnn�:
7you Mr. Mayor and members of the Commission, when this
case was first presented the Zoning Board, it was voted down my the
Zoning Board eight to nothing. At that, time the hospital's general council
had presented the application to the City and acknowledged by him the
application did not include a declaration of restrictions and did not include
a number of other items which I consider essential to this process and he does
also. Subsequent to that time and learning from that tough experience the
developer retained our services and we in turn in cooperation with this
general council and the administration scheduled two meetings with the
residents of the area and frankly, I applaud them for their convictions
because they well attended those two meetings and I know that there was a
third meeting which was also even better attended where you, Mr. Mayor and
others from the City were present. I understand that generically, if we
accept the fears and concerns that these neighbors have, that we should never
vote to approve this project. The purpose for my presentation today and the
purpose for the meetings which I had earlier was to show to this Commission
that, indeed, those fears are not going to be born out. That, indeed, the
purposes for a particular use will be highly restricted and indeed, the
purposes that have now been refined after this, the second meeting are such
that the project bears no resemblance whatsoever with what was applied for
originally and hoping that that which I say is accurate as will be proven
throughout my presentation. That you will vote in favor of what it is that we
are requesting. Let me if I may briefly set forth what it is that we have
intended to do and what it is that we feel is appropriate for this site.
Across the street... immediately across the street from these four lots and
they contain four single family residences on Northwest on the North side of
Northwest 7th Street is a Pan American Hospital and immediately East of it, of
course, is Saint Dominick's Church and East of it is a shopping center as you
will recall on the intersection of 57 and 7th Street. The proposed site is to
contain the administrative offices of four of the doctors that happen to have
a principle interest in this project and also practice medicine. Now, let me
say from the outset to allay those fears, that this hospital has sufficient
capacity in house to considerably expand at its current site does not need to
expend unneeded monies for land acquisition if they wish to expand these
facilities. As a matter of fact there was one time that the hospital
contemplated erecting a thirty thousand square foot structure and they were
able to do so if they wished to do so within the confines of the existing land
site. So, we are not here to expand a hospital because it needs expansion.
The hospital can at will expand if it needs to do so at its existing site.
Furthermore, those of you who are familiar with a State Certificate of need
process know that it's a matter of public record that there is a moratorium
that there will not be certificates of needs issued for new beds in Dade
County for a considerable period of time. The hospitals are not operating at
the capacity level that they wish to do so and there is no intent, reason or
purpose to expand the facilities of this hospital and certainly not in the
area that we are concerned with here. These properties do not provide for any
type of reasonable adequate expansion of a hospital or its ancillary
facilities and I want to make sure that it's clearly understood that this is
an application concerning four individuals who wish to have a very limited
practice in a facility which will not exceed two thousand square feet and is
probably going to be substantially smaller than that. I have brought to you a
sample of what it is that the hospital wishes to do. There are four homes
currently located in the chart which I have shown to you. The two homes which
are located on the corners of the block will be removed. There will be
landscaping and parking provided where they now exist and the two homes in the
middle will be substantially improved and linked in the middle to provide
those very moderate, small sized facilities for these doctors who's lives
double in the practice of medicine and in the administration of this hospital
and that is the reason why we are here. Of course, we have taken a number of
steps to carefully provide a strict limitation of the perimeters of the
operation of this facility and those, of course, we have done after hearing
the neighbors concerns, hearing the concerns of staff and the concerns that we
think you and the Commission will have. We have for, example, done the
following: We have voluntarily profferred to this Commission that there will
be no building or structure erected on the property which shall exceed one
ld 176 July 25, 1985
story in height. We have said that a landscaped buffer zone shall be
established and maintained along the rear lot lines adjacent to lots three and
twenty-eight of this property. That there will be no use made up for activity
conducted on the property between the hours of 10 P.M. and 6 A.M. prevailing
Eastern time. We have also profferred that the architectural design of any
buildings _'r struc-tare erected on this property shall be in conformity with
the general character if the neighborhood]. Act'aaiiy, what you see here is
what you will get. None of the following uses we want further on will be
permitted in this particular property. We have excluded hotels, tourist
homes, guess homes, hotel, convalescent homes, nursing homes have been
excluded, orphanages, community based residential facilities, private clubs,
conversion of multiple dwelling use and occupancy of other uses. So,
basically, we have taken the RG/3 zone eliminating ninety per cent of what it
permits and limited it to what it is that we actually intend to use this
property for which is the use of these four doctors. I also, have received a
letter which I would like to bring to the Commission's attention from Saint
Dominick's Church Rectory which has been signed by Reverend Restetuto Perez in
charge of Saint Dominick's fully supporting what it is that it is intended to
be done in these four lots and I would like to submit that for the record if I
may. In addition to the support of the rectory next door and in addition to
the support of the folks that you see here today, the neighbors have
nevertheless some of them raised some concerns, I know to this Commission
about the status of the Pan American Hospital as a neighbor in good status of
this fine residential neighborhood. I would like to at this time very briefly
call Mr. Terry Mall who is the Chairman of the hospital to give a one minute
presentation or so on some of what we think are the accomplishments of Pan
American in this area to answer those specific concerns that were raised by
the neighbors. Mr. Mall.
Mr. Mall: First of all I would like to cut that time to thirty seconds just
to say that Pan Am has been in operation for almost twenty-five years. It's
served this community very well. We have tried to be a good neighbor, keep
our premises clear and clean and do the job we were set... about to do in the
beginning. We hope to be able to get your understanding to continue that from
this point on. My thirty seconds is up. Thank you.
Mayor Ferre: Al before you continue let me just say to Mr. Mall that I'm
happy to see him looking so well. He looks healthy and fit and I'm glad to
see him looking well. I haven't seen you in a couple of years. Go ahead Mr.
Cardenas.
Mr. Cardenas: Thank you, Mr. Mayor. I think those of you furthermore, who
have taken a look at these four dwellings realized that what it is that we are
showing you here this evening is a substantial improvement aesthetically to
what it is that's there today. This will be limited offices, the parking
spaces are very limited, the number of people who will be there will be very
limited. There will be no additional traffic impact, no additional impact on
the utilities of the location. There will be no impact other than a favorable
impact and a positive impact to this community. Again, I repeat and I
conclude and, of course, I will save my time for rebuttal if necessary, but I
conclude that the general feeling which permeates of a generic, if you want to
call them such, concerns of the residents will not born out. That the
declaration of restrictive covenants which we have profferred answers each and
every one of those concerns. That unfortunately, I was not able to speak with
an attorney because none was retained, but I assure you that if one had been
retained, that those same concerns will have been greatly allayed. I
understand the neighbors. They have... and let me tell this on the outset on
the record. Even though they are strongly imposed to a project they have been
a respectable and I appreciate that and I hope we have shown them the same
courtesy. We are all deserving of them. We have two different points of view
in the subject. I appreciate having been involved in this case and I will
just save some time when need be. Thank you, Mr. Mayor.
Mayor Ferre: Mr. Cardenas, do you have anybody on the proponent side that you
want to speak?
Mr. Cardenas: Mr. Mayor, we would like to... there are specific questions
involving the hospital. I have got staff here and Mr. Mall could address
those. Otherwise, for the sake of expediting this process we won't.
gl 177 July 25, 1985
Mayor Ferre: Now, who would like to address the Commission as opponents that
are present here today. The opponents. Those who were against. Who wishes
to speak? (IN SPANISH). Please step forward please. Three minutes a piece.
SPEAKER UN;.N,n':: '"PEAKS IN SPANISH).
Mayor Ferre: (IN SPANISH). We need a translator Vr. Manager. Yes, sir.
Sir, do ,you want to translates for him.
Mr. Pereira: Cesar will translate.
Mr. Carlos Manuel Elias: (IN SPANISH).
Mr. Odio: (TRANSLATES FOP CARLOS MANUE ELIAS ). My name is Carlos Manuel—,
630 Northwest 60th Court. I have lived there for the last seventeen years.
In that section he lived since it was built as a residential area and I think
that the people that want to construct the hospital could do it in the part
that they already have next to the canal. Now, he sees that the hospital have
learned a lot from Fidel Castro and have brought a bus full of employees to
put pressure on the Commissioners. It seems that the policy of the hospital
is the same policy that Fidel Castro has. I am pretty sure that the majority
of the people that live in that section are totally opposed that you change
their zoning. Thank you very much.
Mr. Jose Hernandez: My name is Jose Hernandez. I live in 620 Northwest 59th
Court. I'm living in that house for eighteen years. I'm going to try to be
fast in this. At the meeting that the Pan American Hospital hold on July 11th
I was there and asked to Mr. Cardenas three or four questions and he couldn't
answer me the questions. One of them is, how much money the Pan American
Hospital invested in the eight houses? He didn't know. I got the exact
figure. Six hundred ninety-seven thousand four hundred forty-four dollars in
the eight houses. That sounds funny to spend that almost seven hundred
thousand dollars and to make something according to Mr. Cardenas and the Miami
News, fifty to a hundred thousand dollars. Don't sound funny? Now, in the
beginning and first meeting with the Zoning Board, they said they was to build
some hospital or administration offices there. Now, they change their mind
and they are planning now to make a four doctors offices for patients. How we
going to destroy a residential area, a real nice neighborhood just to please
four doctors. Make sense that? Thank you.
Mayor Ferre: All right, next speaker please come forward. Remember ladies
and gentlemen, that officially this Commission meeting ends at 9. So, you have
got nineteen minutes left. So, time is of the essence for you now.
Mr. Alfonso Sapiro: My name is Alfonso Sapiro and I live at 6000 Northwest
3rd Street and I was not present at the previous meetings due to I was out of
town, but I would like to emphasize the point of my immediate neighbors that
there are several of them here which do not speak English and speaking for
myself and on their behalf and this gentlemen just spoke before. I don't
think it makes any sense spending all that money just to want to build a, you
know, please four doctors when they have all this property that Mr. Cardenas
previously stated that if they needed to be they could build on or they can
enlarge according to their needs. I don't see where we are going to take and
rezone this area right here and take away these four homes or these residents
that's been in the neighborhood for all this time just for these four doctors
and change the whole scope of the residential area which is why we all moved
in there to begin with. Or at least myself. We like the tranquillity of the
middle class neighborhood that we have now and if they need space for their
doctors, that they can build them on, you know, on their own property which
they already have zoned for and they have enough space for it. And that's
about all I would like to say. Thank you.
Mayor Ferre: Next.
Mr. Vicente Galindo: My name is Vicente Galindo. I live for twelve years in
621 Northwest 59th Avenue. It's a quite neighborhood with some exceptions.
The problem is only the Pan American Hospital and most of the time employees
that park in our driveway and across the street to go to the hospital and
leave the car park blocking the driveway for nine, ten hours. Now, what will
happen in case that the zoning will change from a residential to a commercial.
gl 178 July 25, 1985
A
I don't see any reason to destroy, mostly of the tranquillity of a
neighborhood to make some favor to the interest of Mr. Mora and all wealthy
people who go to make medical business and I encourage the Commissioners and
the Mayor to don't be impressed that the —for the mercenaries that was
brought by Mr. Mora and all the Pan American Hospital people to impress the
Commissionerc. I think that our homes, the tranquillity, the safety of our
homes that will be very affected for all the people that will go to those
offices in case that will be approved. i encourage, I pledge that don't be
approved that change in the Zoning Board. Thank you.
Mayor Ferre: Next.
Ms. Yolanda Lescano: (IN SPANISH).
Mr. Odio: (TRANSLATES FOR YOLANDA LESCANO). My name is Yolanda Lescano. I
live a 571 Northwest 72nd. I think you know me because this is the second
time I have been here. The only thing I want to say today is I don't know...
in the first place to thank the Mayor, because they know he has been there
with him and to the Commissioners for paying attention to them and to listen
to them and I want to clarify a few little things. It's been a year and a
half that the Pan American was going to be sold. It was on sale. Nobody
could buy it because it was an association which a few doctors have donated
money to create that association. Now, I don't know what game they have now
buying eight houses and changing the zoning on four of them of which everyone
in the neighborhood opposes. They have ninety-four senators from their group
and if... Not of the people that work in the Pan American Hospital, but that
would be to compromise them and we don't want to compromise anybody. We want
to that you keep in your minds that we don't want something to happen. We
don't want to happen what happened in Cuba that the big ones always had the
power. Let's have faith in what Mr. Carollo said. We don't want to happen
what happened with David and Goliath.We want David to win not lose. Let's
have that present in your mind. I want to tell the owners of the Pan American
Hospital that I know the house where they were born, that remember when Fidel
Castro took it away from them. That I saw that house and that I want to tell
them I don't want it to happen what happened there and that from our
neighborhood she won't leave. They won't get her out like they got her out of
Cuba. From there we have...I am not afraid of all the people that are here,
but I can give you my address and my telephone and I'm not afraid of them,
because in this Country we are free to express ourselves all that we feel and
we feel we have enough support from all the neighborhood and we don't want you
to be confused by those people that are here present. We are fighting for
their houses, for their homes, not for some interest that are sufficiently
millionaires. I am fighting for the good of my family. I have two children
and I have worked very hard, very much overtime to be able to afford the house
that she now has. Her house, no, her home and the home that she is fighting
for that she will fight for before God and before ...... Thank you very much
to all of you and I believe that this remains as an example, that please don't
keep fighting against us, because you will always find the same opposition. I
suggest to you that please leave us alone, that we live in that neighborhood
like in a small family and that up to now we have had peace with them. I
believe that from now on we will not feel with them as we have felt before.
Thank you to all of you.
Mayor Ferre: (IN SPANISH).
Ms. Galindo: (IN SPANISH).
Mayor Ferre: I was just trying to establish how long she has lived... nine
years in the general neighborhood, seven years in her specific house.
Ms. Galindo: (IN SPANISH).
Mr. Odio: (TRANSLATES). I want to specific something if which Mr. Cardenas
referred to. I believe that there should be of respect that was the church
and not to use the church.
Mayor Ferre: (IN SPANISH).
Ms. Galindo: (IN SPANISH).
gl 179 July 25, 1985
.. _ �.IIl7 IrI�..Igeln�e .lIIS�L4
k
A
Mr. Odio: (TRANSLATES). But I believe that they should not use the church to
the one that we belong to. You shouldn't get the church mixed with this.
They have the same rights as I have.
Mayor Ferre: All right, anything else. All right, next speaker.
Mr. Rodimiro Romonowski: Good evening my name Rodimiro Romonowski and I live
at 600 Northwest 53th Court. I would like to say thanks to Mr. Mayor to his
assistance and the meeting that we had in the last... in the June 13th and I
feel sorry that the rest of the Commission didn't see how many neighbors we
had. We had over a hundred people that they live in that neighborhood. They
don't work in Pan American Hospital. We are the ones representing our
neighborhoods, not the employees from the Pan American. We are claiming for
our rights and I have been there in that neighborhood seventeen years. Nice
and quiet, at least with people that work like I, we can peace in our homes.
We don't want... I'm surprised that they pay seven hundred thousand dollars
for four houses. They were demolished and they paid $500,000. to build
another four houses just for a doctor office. This looks funny. We're
playing cat and mouse or mouse and cat. I appreciate that they don't disturb
our neighborhood. I think we said aloud this. Mr. Mayor saw our neighborhood
on Fairlawn Elementary School and we're on a union. So we appreciate that all
the Commissioners take that in mind and respect our neighborhood and keep the
zoning that we have. Thank you, Mr. Mayor.
Mayor Ferre: Next speaker.
Mr. Valdomero Fernandez: My name is Valdomero Fernandez; I live at 601 N.W.
62 Avenue. Mr. Mayor, Mr. Commissioner, I'm coming to talk on behalf of the
neighborhood. I have been living for the last 25 years, long before that Pan
American came. Pan American have been doing many things and nothing that
favors very much to the neighborhood. The last thing they did without
consulting, I think not only the neighborhood, but not even the Commission,
they widened the street, 7th Street, which is bringing more traffic and they
converted from two lanes just to one lane at the end of 7th Street and N.W.
61st Avenue, which is almost every day accident there. That's one of the many
things the Pan American have been doing for the neighborhood. Now they come
in with another thing to bring more traffic, more problem to the neighborhood
that for many years we have been very proud about. I'm referring to the
Father Restituto, he left already. Probably that's the reason why he gave the
letter, because he knew that he was leaving the church. He's not any longer
the pastor of our church. Thank you very much.
Mayor Ferre: Any other speakers? If not, we thank you very much for your
presentation. I will recognize one of you as a community spokesman and I
think if you would, please, stand up. Counselor, in your rebuttal that your
might have.
Mr. Cardenas: I sure would. Very briefly, Mr. Mayor, members of the
Commission, as I stood and heard these fine neighbors express concern for
their neighborhood, one thing dawned on me. That thing is that there is a
common denominator here, which permeates, which further strengthens our
client's position. I think all of you have heard that this is one, a quiet
neighborhood. I think all of you have heard that it's a neighborhood worth
fighting for, because everyone here enjoys it, loves, has been there for a
number of years. I think all of you have heard that they wanted it to stay a
nice, quiet and good neighborhood. An essential ingredient of this nice,
quiet, and good neighborhood is the Pan American Hospital. I assure you that
as good a neighbor as it's been for the last 23 years, which it's been in
existence, or if it were not a good neighbor, this would not be a good
neighborhood and these folks would not be fighting as hard as they've been
fighting to retain the quality of their neighborhood. My immediate concern
about this is the following. Let's establish some basic premises. One, Pan
American is a hell of a good neighbor. Two, what's intended to be here is an
extremely moderate office for doctors who want to be better doctors to their
patients and want to be better administrators to the hospital for the hundreds
of people who use it as well as for the hundreds who work there. This
particular use has been trimmed down to 26 parking spaces, less than 2,000
square feet, residential integrity has been retained, a one-story restriction
has been imposed upon it, and a lot of other things that have been done. I
want to point out three things, which I want to make sure that we clarify for
sl 180 July 25, 1985
the record. One, a total of nine homes for the purchase for six hundred some
thousand dollars. That comes out to a little less than $90,000 per home.
Yes, I've said in the paper this is probably ten or fifteen percent more than
the homes are worth, but it was necessary in order to buy clusters of homes.
Four homes are intended to be used for these doctors for a very limited use.
Another fo-ir homes are leased to office personnel to live and sleep there and
have access to the hospital. Anot'ier hom- is vacant at this time. There is
no intention whatsoever to use these homes for any other purposes; and I'm
stating it here on thr re -cord. The homes that are not the subject of this
application. The other thing, and I know it wasn't intended that way, but I
want to clarify it for the record, was the linkage, even if it's jokingly
stated, that I want to correct, between Fidel Castro maneuvers and the
principles of this hospital. I want you to know that I've known Modesto Mora,
Alberto Hernandez, and others for many years. To be perfectly canlid with
you, I don't know two people, and I'm a personal witness to that and I don't
mind saying it here on the record, who have given so much of themselves and
their families and their checkbooks for the cause of a free Cuba as these
people have. I don't know anyboly in this community who would be against that
statement. They're good patriots; they're fine people and I think they're
residents of this community... and yes, they're very rich, and I wish I were
as rich as they were and many of us here probably feel that way, but
fortunately in this country that's an asset and I think that's all of us feel
about it, including the neighbors who voice their concerns about this project.
I know that it was merely a vehicle to express their concern. Lastly, I want
to make one concluding statement. That is that I'm sure that as we depart
here this evening the administrators of the hospital who are here will assure
me and will assure you, and if need be on the record that if there is any
intrusion of any employee parking or anything else on this residential
neighborhood, that there will be a stop put to it immediately. I don't
believe that's the case, but if it's the case, I'm willing to have these
administrators meet: with the City and meet with the neighbors and make sure
that the hospital itself conducts a patrol to make sure this does not happen
and affront that cost. I'm convinced that it will not happen. I'm convinced
if it has it's very limited. Lastly I want to say that regardless of how you
in this Commission vote, I will give you my opinion after being exposed to
this process for over two months, that you have a fine group of neighbors
here, you have a fine group of hospital employees, you have some fine owners
of the hospital. These are all very good folks, who have gotten perhaps a
little bit lost in the semantics of the process, but I assure you that the
ultimate land use intended for this parcel is good, it's noble, it's
compatible with the neighborhood and it's just the right thing to do. Thank
you very much.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
UNIDENTIFIED SPEAKER: The Pan American Hospital, until now, don't constitute
a big problem for us, but we have water in the middle. The water is the 7th
Street, but once that the good people of the Pan American, like we saw
tonight, will move to the area from 7th Street, that will constitute a big
problem and will be fire, friction and everything. If the Pan American want
war, Pan American, we have war.
Mr. Cardenas: Mr. Mayor, I have no further comments, unless there are
questions from the Commission and I'll stay here for that purpose.
Mayor Ferre: All right, are there any other statements to be made this
evening under the rebuttal? If not, we'll go now to questions. Any other
rebuttal? Any other statements? All right, questions from members of the
Commission.
Mr. Carollo: Mr. Mayor, let me be as precise as I possibly can. I'm under
strain for time tonight. We always break at nine, but sometimes we have
something like this, we like to make an extension. I apologize. I have
something to do tonight that I just can't stay here any longer. If I were to
vote in this now, based on what I've heard tonight and not having had the
opportunity, and I apologize for that to all of you, to have gone there
personally, I would have to vote against it. I would like the opportunity to
personally go there and see that area for myself, so I can be as fair as I
possibly can and not only to the neighbors, but to the people that are here
representing the hospital. I would personally like to defer this until the
gl 181 July 25, 1985
following meeting so that I can give you all that benefit of the doubt. If
you have the votes here, I would not defer it, if you feel you have the votes
here.
Mayor Ferre: The rules on the Commission are as follows, any member of the
Commission ^an ask for any issue to be deferred once. Commissioner Carollo
has not ask-d for a deferr�:'. Sonetine:- it's a burdensome way to proceed, but
he's got that right.
Mr. Carollo: Mr. Mayor, what I sRii is if counselor feels he has three votes
here on his side, then I withdraw that request to defer the item.
Mr. Cardenas: Mr. Carollo, I don't know what the outcome of the vote will be,
but I do have specific instructions from my client to do everything possible I
can to bring the matter to a vote this evening.
Mr. Carollo: Well, then, Mr. Cardenas, my suggestion to you....
Mr. Plummer: Mr. Cardenas, you're an intelligent man. You want the
deferment.
Mr. Cardenas: I listen to reason, Commissioner Plunmer. Commissioner
Carollo, I, since the client is not here, I will take the liberty myself to
superimpose my judgement on his and go along with the will of the Commission.
Mayor Ferre: There is a motion by Commissioner Carollo that this item be
continued, second by Plummer. Second by Plummer. Call the roll. Date
certain will be September 26th, the next zoning meeting.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 85-857
A MOTION CONTINUING TO THE MEETING OF SEPTEMBER 26,
1985, PROPOSED FIRST READING ORDINANCE IN CONNECTION
WITH A REQUEST FOR ZONING CHANGE AT APPROXIMATELY
5950-5990 N.W. 1ST STREET (PAN AMERICAN HOSPITAL) IN
ORDER THAT MEMBERS OF THE COMMISSION MAY VISIT THE
SITE AND INSPECT THE AREA; FURTHER STIPULATING SAID
ISSUE WILL BE HEARD AT 6:00 O'CLOCK P.M.
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. Sergio Rodriguez: 6:00 P.M., Mr. Mayor, after 6:00 P.M.
Mayor Ferre: At 6:00 P.M. is fine.
92 AUTHORIZE MANAGER TO TERMINATE ALL AGREEMENTS FOR OPERATION OF
HELICOPTER SERVICE - WATSON ISLAND - CITY OF MIAMI MUNICIPAL HELIPORT,
PERMITTING DADE HELICOPTER JET SERVICE TO OPERATE FROM BLIMP BASE UNTIL
WATSON ISLAND REDEVELOPMENT
Mayor Ferre: We're on item number 35. Mr. Manager, we're on 35.
Mr. Pereira: Mr. Mayor, we are recommending that the lease at the Miami
Municipal Heliport be canceled as it presently stands. Let me tell you that
sl 182 July 25, 1985
...
0
in the backup material that you have, that we have had several problems with
the tenants over there, the situation has certainly deteriorated throughout
the years. It is our considered judgements that the agreements that are
occurring were executed nearly 20 years ago and certainly now incomplete
instruments. The spirit of the agreements have been tarnished, as documented
by the fa-t that the lessee has not adhered to the terms and conditions of the
lease by having more helicopters than is allowed under the lease. It is our
recommendation that we cancel the lease. In addition, as you know, the Watson
Island area hopefully will by developed in the very near future. Consequently
we are asking the Commission to authorize us to terminate all current use
agreements over at the City Municipal Heliport on Watson Island.
Mayor Ferre: Are you saying that there will be no helicopters in Watson
Island.
Mr. Pereira: No, we're talking about the municipal heliport, which is the one
on the south west corner of the... The other operation would be a month to
month operation, which it is now until the development of Watson Island occurs
in the very near future. One addition, Mr. Mayor, we'll continue on a month
to month and we will competitively bid a side on Watson Island for new City of
Miami Heliport to be operated by single helicopter service operator by January
of 1986.
Mr. Bob David: Good evening, my name is Bob David. I'm an attorney; I
practice in Miami. I would first extend to all of the Commission, in light of
the hour, the opportunity to defer this matter. I have both Mr. Bill Riggs
and Ms. Ellen Gilmore present, who of course wish to be heard on the subject.
There have been indications given that the Commission would normally break at
this time. I believe that there's been some expression by the Commission of
other agenda.
Mayor Ferre: Mr. David, I understand, but as long as there are three members
of this Commission present here and they wish to hear it, we can hear it.
Mr. Carollo: Are you recommending that we vote for this?
Mayor Ferre: Unless there is a request for a deferral by a member of the
Commission. He is recommending....
Mr. Carollo: Are you recommending that we vote for this?
Mr. Pereira: Yes, sir.
Mr. Carollo: For the record, Mr. Mayor, I don't know who else might stay,
I'll be voting in favor of the Manager's recommendation.
Mayor Ferre: All right, me too. We have to let these people have their day,
so there are two, three speakers, three minutes each, and then we vote.
They're entitled.
Mr. David: Yes, sir, I'd like to first point out to the Commission that I
represent Miami Helicopter Service, Inc. and Skylark Helicopters. That both
of these entities have been in existence in operating helicopters at that
location....
Mayor Ferre: Excuse me for doing this to you, but Commissioner Carollo, as I
understand wants to vote on this and the only way we can legally get his vote
on is to have a motion and a second and then he can register his vote and
leave.
Mr. David: Yes, sir, before that is done, I would like to point out that
there is a question of fairness and equality and discrimination as well as
possible question of a non -due taking of business here.
Mayor Ferre: Having stated that into the record, I'll accept a motion now for
discussion, and let you proceed with your presentation.
Mr. Plummer: I'll•make a motion that the Manager's recommendation be upheld.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
sl 183
July 25, 1985
Mayor Ferre: It's been seconded. Now I think you've heard the expression to
the rest of the Commission. Those that are leaving will be casting their vote
and we will continue the discussion. Go right ahead, sir.
Mr. David: :ha:ik yc:, ,your Honor. I would also state into the record I would
object anything that was not on the agenda, I beli-va tviPre was a mention made
of some future use of this land as projectej f,r a heliport. Let me point out
that the present location that is being used as a heliport was designed
specifically for that use. There is an aviation light system there that is
designed specifically for that use whereas the competing facility, the blimp
base does not have the heliport facility intact and it would be certainly
unfair and unequally applying this Commission's discretion to summarily
dismiss and cancel the business of these two entities while at the same time
allowing another business to continue at the blimp base, which in fact is not
designed as a heliport. These people have been there in excess of 25 years.
They have accident free records. In fact, I believe the Commission need to
concern themselves with the fact that as a , they are providing in excess
of 40 hours of free helicopter services to the City, which I believe equates
to roughly $8,000 worth of free helicopter services, which would of course be
discontinued with the Commission's vote. I would suggest and I would ask that
the Commission vote favorably.
Mr. Plummer: Counselor, before you go any further, I want for the record, the
Manager, when he spoke to me in reference to this, and I want you to know that
my vote was predicated on the fact of statements from him that there were
unsafe conditions. Mr. Manager, I would ask you to go on the record and
delineate those things which you told me about unsafe conditions. I want to
know what they are because that's what I really predicated my vote on.
Mr. Pereira: Commissioner, as stated very clearly on the lease for the Miami
Heliport, that there will be one aircraft per lessee. At times we have
observed more than that one aircraft. We have checked with the Federal
Aviation, which under those conditions, that is unsafe operation of that
facility. There is a reason why we said one helicopter per company, so that
there would be a limit. We have observed that there have been more than one
per company, consequently making operation of that facility unsafe because
there is a limitation of space that can be utilized when those helicopters are
coming in.
Mr. David: If I might, Commissioner, Miami Helicopter Service, I believe, an(
I have Mr. Riggs here, who can address the question, has operated accident an(
incident free. I don't believe that can be said for the operator who ha:
apparently, the continuing month to month arrangement operating out of the
blimp base. As I indicated, the heliport was designed to accommodate
helicopters. The blimp base, where the Dade Helicopter Jet Services is
operating, is a blimp base. I believe if safety is a criteria, then of
course, you would want to vote against the resolution and allow the helipor�
to continue operating as such. I think the record of the companies that aro
out there ought to be taken into consideration and perhaps the people tha.
have come to speak against this resolution can elucidate to a greater degree
on that.
Mr. Plummer: Do any of the others wish to speak?
Ms. Ellen Gilmore: I think you all know me, you've ridden with me. You'v,
ridden in my helicopter. I've delivered you as a Santa Claus.
Mr. Plummer: Many years ago.
Ms. Gilmore: Many years ago, I've been there since 1959• All of a sudden ou
of the clear blue I'm no longer safe. I don't know; we weren't notified abou
this meeting, about this resolution, about anything. I wasn't prepared t,
come out here to make any speeches, but I will, I can stand here and talk al
night if you want.
Mayor Ferre: Please don't.
Ms. Gilmore: I'm tired too, but I think it's only fair that we be given
chance to get the people who are interested in using helicopters. It isn'
only the operators. Remember there are other people that use the facilitie
as it is a public heliport. Certainly more than two or three or fou
sl 184 July 25, 1985
helicopters can come and go there, which has been proven many times over and
over over the years. So, as far as it being unsafe, the original ruling of
why one helicopter per company was done because at the time the City Manager,
Mr. Reese, and the City Commission decided that only four operators could make
a living, not over four helicopter operators, so they were limited to one
helicopter each. I have one helicopter. Bill has more, but his are up in
Opa-Locka. 1 have been renting a helicopter from Bill because mine is up in
Opa-Locka. To furnish the City with ten hours a month, which was the original
agreement, we've been doing that and you know, when we had the meeting back
there, that we all supplied for each helicopter we're supposed to supply ten
hours per month. Mr. Turhurst has two operations there. He has Tropical
Helicopters and Dade Helicopters, both operating in our heliport, plus he has
the blimp base and an unlimited number of helicopters working over there. If
he can do that for ten hours a month and eliminate us, I think it's very
unfair. I think that we are to be given a chance to have the people who use
the helicopters who will not ride with Dade Helicopters also have their say
about the facilities. That's all I have to say. For the public record I'm
Ellen Gilmore, Skylark Helicopters, 1050 McArthur Causeway.
Mayor Ferre: Ms. Gilmore, is there anything else you need to add, because we _
need to now move along and come to a conclusion.
Ms. Gilmore: You need a conclusion. Well, all right, my conclusion is that
it would be completely unfair to terminate our leases and allow the
competition to stay. It would be completely unfair.
Mayor Ferre: Any other statements, Mr. David, by your party?
Mr. David: Mr. Riggs is present. Apparently he's chosen to stand moot on the
subject. I would point out, air, that of the four businesses, as I have heard
earlier in the day, the standard that was used to determine, for instance who
was going to draw the designs of the substations and the mini -stations issue,
that was done on a merit system. I believe that if this situation was looked
at from the standpoint of a safety consideration and on a merit system over
the period of time that these operators have been there, I don't believe that
it can be decided without that consideration. I believe to do so is certainly
unequitable. You're not treating the operators whose leases you are
terminating fairly and I believe it would be considered discriminatory not to
base it on some reasonable criteria such as safety or performance.
Mayor Ferre: Thank you, Mr. Manager, Mr. David has made a pretty strong
statement about the question of equity and what's right. I think on the
record that must be answered by the administration. The statement that he
made was that there is obviously discrimination involved in this, if I
understood the implications and that it is not fair to have them move and
leave the competition. Would you, for the record, answer that?
Mr. Pereira: Mr. Mayor, in terms of the merits, the selection of the
operator, of one operator will be done on the merits as we will go out and
request proposals come this January. We feel, and the recommendation of the
department that deals with our leases that it's in our best interest at this
point to terminate the lease for lack of compliance. I think it will give the
necessary 30 day termination notice and we will be out requesting for
proposals for another single operator on Watson Island.
Mayor Ferre: That's not the question. The question is why aren't you
applying the same criteria to Mr. Turhurst?
Mr. Pereira: Mr. Turhurst is losing his lease in Miami Heliport. He has a
separate lease on the blimp base and he's not going to be allowed to transfer
his operation from there into the blimp. He has a separate contract that will
be on a month to month and he will be losing the agreement that he has right
now at the heliport.
Mayor Ferre: Further discussion on this?
Ms. Gilmore: INAUDIBLE COMMENTS.
Mayor Ferre: Ms. Gilmore, you need to speak into a microphone because that's
the only way we can keep a record.
al 185 July 25, 1985
., .. ,. :.,arm _ � -,.: >:.: •—,�--.—.:
Ms. Gilmore: What I was saying is that Mr. Turhurst will be permitted to use
as many helicopters as he wants over at the blimp base and he's just putting
us out of business, which is something that he vowed to do quite a few years
ago. He was going to get it all and he was going to ride all the rest of us
out of business. That was his stated resolution.
Mr. David: Mr. Mayor, I'd like to indicat: t-� you and to the Commission that
my comments are directed toward an appearan.e of possible lack of a basis in
reason with regari to decision to keep one operator as opposed to any of the
others. I certainly would not wish the record to reflect that I stand here
making accusations that smack of discrimination. I don't. I just ask that
the basis that the Commission make their ruling on be one that is soundly
reasoned and I suggest to the Commission that can only be done after a review
of the various records that are represented by these businesses.
Mayor Ferre: Anything else you want to add? We have a motion on the floor
and a second.
Mr. Plummer: Mr. Mayor, I just want to go on the record. I don't know if
everyone has the same backup material that we have here, but it is very, very
complete. I think that the memo that was written by the Finance Department
TAPE 21 —
outlines and it does say there at the bottom of it that these arrangements
can be terminated upon 30 day prior written notice. I have to tell you, as
I've told you before, I'm voting with the motion this evening and I'm voting
for it for one reason. I'm not as concerned about so called breech of
contract as I am the safety, and I am not going to go away here this evening
having the Manager going on record telling there is a safety factor. You
don't get terminated for 30 days. If you can convince the Manager that there
is no safety factor, I'll reconsider it. But as far as his making that
statement in the record, I can't vote but one way.
Mayor Ferre: Ready to call the roll? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-858
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TERMIN
ALL CURRENT USE AGREEMENTS FOR THE OPERATION
HELICOPTER SERVICES ON WATSON ISLAND LOCATED AT
CITY OF MIAMI MUNICIPAL HELIPORT, HOWEVER ALLOW
DADE HELICOPTER JET SERVICES, INC., TO CONTI
OPERATING HELICOPTER SERVICES AT THE BLIMP BASE S
ON WATSON ISLAND ON A MONTH TO MONTH TENANCY UN
SUCH TIME AS IS PRACTICABLE TO COMPETITIVELY BIl
SITE ON WATSON ISLAND FOR A NEW CITY OF MIAMI HELIF
TO BE OPERATED BY A SINGLE HELICOPTER SERVICE,
FURTHER, THE CITY MANAGER IS AUTHORIZED TO ISSU1
REQUEST FOR PROPOSALS FOR SAID HELIPORT AND OPERA
PRIOR TO JANUARY 1, 1986.
(Here follows body of resolution, omitted here and
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution
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.
s 1 186
n
NOTE FOR THE RECORD: Although Commissioners Carollo and Dawkins were absent
during the roll call, they requested of the Clerk at 9:10 P.M. when they left
the meeting to be shown voting with the motion.
93 DIRECT CITY MANAGER TO DISBURSE $12,000 TO "CARICUM CONFERENCE"
Mayor Ferre: Before we break up tonight, we do have a pending matter, J.L.
There was the CARICOM Conference, the South Florida Business League was held
here. We had committed to them to spend was it $12,000? We had agreed a
resolution approving $12,000 for the conference and awards matching funds of
twelve from the county and six from the private sector. They ended up getting
their $12,000 from the county.
Mr. Plummer: What is the CARICOM Conference?
Mayor Ferre: CARICOM is the English speaking Caribbean. It's called
Caribbean...
Mr. Plummer: Are we committed for it?
Mayor Ferre: We agreed to do it.
Mr. Plummer: If we agreed and we're committed, we got to pay, period; it's
that simple.
Mayor Ferre: Does anybody in the administration....
Mr. Plummer: Did anybody go to the CARICOM Conference?
Mr. Pereira: Economic Development has advised that it was a very successful
conference, Mr. Mayor.
Mr. Plummer: Were you in attendance?
Mr. Pereira: No, I did not, but my staff did go.
Mr. Plummer: How the hell do you know?
Mr. Pereira: I said I've been advised by the Economic Development staff.
Mr. Plummer: That's why you smoke cheap cigarettes.
Mayor Ferre: The point is this, that our $12,000, when we voted for it,
Plummer, our $12,000 was conditioned on the county coming up with twelve and
the private sector with six. As I understand it, they have raised more than
$18,000 between all different sources.
Mr. Plummer: I'm not arguing. I'm just saying if we owe it, we got to pay
it. That's all; it's just that simple. You got a problem with paying?
Mayor Ferre: No, it's resolved that the South Florida Business League grant
be subject to matching funds in an equal amount from City, from either the
county, private sector, or any other non -City source. So is there a motion to
that effect? Perez moves. Plummer seconds. Further discussion? Call the
roll.
sl 187 July 25, 1985
1
0
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 85 -850,
A RESOLUTION AMENDING RESOLUTION NO. 85-484, ADOPTED MAY
9, 1955, WHICH ALLOCATED AN AMOUN`: NOT TO EXCEED $12,000
FROM, SPECIAL PROGRAM:' AND ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF THE WEEKEND CONFERENCE ON CARICOM TO BE
SPONSORED BY THE SOUTH FLORIDA BUSINESS LEAGUE AND HELD ON
MAY 24 AND 25, 1985; SAID ALLOCATION BEING CONDITIONED
UPON METROPOLITAN DADE COUNTY AND THE PRIVATE SECTOR EACH
CONTRIBUTING SPECIFIED AMOUNTS TOWARD THIS EVENT AND UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE
POLICY NO. APM 1-84, DATED JANUARY 24, 1985, BY AMENDING
THE LAST WHEREAS CLAUSE AND SECTION 2 OF SAID RESOLUTION
THEREBY CHANGING THE MATCHING AMOUNT TO BE CONTRIBUTED BY
METROPOLITAN DADE COUNTY AND THE PRIVATE SECTOR FROM
$12,000 AND $15,000 RESPECTIVELY TO A TOTAL COMBINED
AMOUNT OF $12,000.
(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 J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
94 ALLOCATE $1,000 TO FLORIDA INTERNATIONAL UNIVERSITY IN CONNECTION WITH
TRIP TO DENMARK
Mayor Ferre: The basketball thing with F.I.U. is $1,000. The Manager has
discretion to spend up to $4,500 at his discretion. You do not need to bother
this legislative board, called the City of Miami Commission, for $1,000
expenditure.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: O.K., I stand corrected. He's right, we put a condition on
there that they get $1,000 from the county and they didn't. They got $1,000
from Hialeah, so they wanted on the record....
Mr. Plummer: The City of Hialeah?
Mayor Ferre: The City of Hialeah gave them $1,000 and they want to know if
they can get their Miami $1,000 if they got it from Hialeah. I got no
problems.
Mr. Plummer: Neither do I.
Mayor Ferre: Perez moves. Plummer seconds.
Mr. Plummer: God bless them!
Mayor Ferre: A thousand bucks from Hialeah is acceptable as a reasonable
substitute from a thousand bucks from the county. Call the roll on that.
Perez votes yes.
sl 188 July 25, 1985
91
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 85-860
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $1,000
FROM SFECIAL PROGRAM"z AN- ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF THE FLORIDA INTERNATIONAL UNIVERSITY MEN'S
BASKETBALL TEAM TO PARTIALLY COVER THE COST OF
TRANSPORTATION TO DENMARK IN AUGUST, 1985, TO COMPETE
AGAINST DENMARK'S FOUR BEST BASKETBALL TEAMS; SAID
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE
WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84,
DATED JANUARY 24, 1984•
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner 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 TBB RECORD: Although Commissioner Perez was absent during roll call,
he requested of the Clerk: to be shown voting with the motion.
THM BEING NO FUR? M BUSINESS TO COMB BEFORE M CITY COMMISSION, TSB
NNE MG WAS ADJOUBNBD AT 9:27 P.R.
ATTEST:
Wph G. Ongie
CITY CLERK
Getty sirai
ASSISTANT CITY CLERK
Maurice A. Ferre
Il A T O R
* 1NCORY ��R:►TE1�
O 18 96
16
sl 189 July 25, 1985
c�ry F tl[AMI
DOCUMENT
MEETING DATE
JUI,Y 25, 1985
INDEX-
RETREVAI
DOCUMENT IDENTIFICATION 1 COACTIONONAND _CODEI O.
DEEPEST SYMPATHY AND SINCEREST CONI)OIJ-:NCI-IS
TO THE FAMILY AND FRIENDS Of-' PAUL (ASKF
UPON HIS DEATH.
DEEPEST SYMPATHY ANI) S I NCE INI•,ST CONDOLf.',NCl-'S
TO THE FAMILY AND I- R I ENDS Of- S'TE:PHEN APKY
UPON HIS DEATH.
GRANT REQUEST OF COCONUT GRUVF; JAYCE:ES 'TO
SELL BEER IN CONNECTION WITH "PLCNIC IN
THE' PARK". AUGUST 25, 1985 (PEACOCK PARK).
APPOINT COMMISSIUNFR J. L. PLUMMER TO HEAD
A COMMITTEE TO INVESTIGATE: FEASIBILITY OF
MOVING MIAMI CITY HALL FROM DINNER KEY TO
FREEDOM TOWER.
APPROVE PRELIMINARY DRAWINGS FOR NEW ROOT'
TOP PHOTO DECK AT ORANGE BOWL STADIUM BY
THE ARCHITECTURAL FIRM Of. KUNDE, SPRECIIER,
YASKIN & ASSOCIATES ($8,000.).
APPROVE IN PRINCIPLE CERTAIN CHANGES TO
THE AGREEMENT WITH MIAMI MOTORSPORTS, INC.
("LICENSEE") REGARDING "GRAND PRIX" RACE;.
AUTHORIZE CITY MANAGER TO NEGOTIATE AN AMEND-
MENT TO THE AGREEMENT WITH MIAMI. MOTORSPORT'S
INC. ("LICENSEE") PEGARD1NG "GRAND PRIX"
RACE.
ESTABLISH DATE: OF SEPT'E:MBE;R 12, 1985, AT
7.00 P.M. AS DATE; OF PUBLIC HEARING MAJOR
SPECIAL PERMIT E'OR COMMODORE: I3AY PROJECT.
CLOSE/VACA'TE/ABANDUN/I?ISCON'TINUE; PUBLIC USE;
OF PORTION OF N.W. 19 STREET, ETC.....
AUTHOR IZE/PI, RMIT CIVIC TOWERS ASSOC. LTD.,
AND T.M. ALEXANDE;R ASSOC. LTD. , 'Tip CONSTRUCT/
MAINTAIN PEDESTRIAN FOOTBRIDGF OVER AND
ACROSS "WAGNER CREPK" .
85-7')I
85-797
85-800
85-801
85-802
85-800
85-807
IDOCUMENT�iNDEX
CONTINUED
DOCUMENT IDENTIFICATION
APPROVE? THE INSTALLATION ON )RIVE- I N L T,C I I, I -
TII S AT GROVEGATE; BANK, 2770 SOUTHWI'ST 27TH
AVENUE: MIAMI, ULORIDA.
DELEGATE TO THE MIAMI SPORTS AND E;XHllBITLON
AUTHORITY TO SOLICIT SPONSORSHIPS ANI% I'i:OiH()-
TIONAL LICEI SES ON BEHALF Of-' CITY OI•' AiAMl
SPORTS AND EXHIBITION AUTHORITY.
ISSUE A MAJOR USE; SPECIAL PI':RMIT, A7l'AC;lFD
HERETO AS E:X;IIBIT "A", AND 'I NCO RPO!zA,E'i_:i) By
IZEFI"RENCF. APPROVING WITII CONDITIO,N,, Till?
COURTHOUSE; CENTER ASSOCIATES, L,TD. (125 -
175 N.W. 1 AVENUE).
AMEND PARAGRAPH 6, EXHIBIT OF RESOi,UTION
75-135 IN CONVECTION WITH THE; CL,AUGHTON IS-
LAND PROJECT. CLAUGHTON ISLAND RUll-DING OF
AFFORDABLE MOUSING UNITS, ETC.....
AUTHORIZE, THE LEASE; OF APPROXIMATELY 30, 000
SQUARE FEET OF LAND SITUAT; D N.E. CORNER
OF MARINE STADIUM COMPLEX LAGOON AT VIRGINTA
KEY, ETC....
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO NEGO-
TIATE AN AGREEMENT WITH JOSEPH MI DDT,EBROOi:S
AND ASSOCIATES, TO PROVIDE PROFESSIONAL SERV-
ICES RELATE:) TO DESIGN/CONSTRUCT Nnf?'f fI DI S-
TRICT POLICE SUBSTATION PROJECT.
ACCEPT PLAT: "BRAVO SUBDIVISION".
ACCEPT PLAT: "HIGHLAND PARK", HOSPITAL SUB-
DIVISION.
AUTHORIZE CITY MANAGER TO ALLOCATE $45,000.00
IN SUPPORT OF THE CUBAN ASSOCIATION OF AC-
COUNTANTS IN EXILE. XVI INTERAMERICAN CON-
FERENCE IN MIAMI (AUGUST 19, 1985).
CLAIM SETTLEMENT: CLARENCE; BRUCE, $525,000.
85-809
85-810
8 5 - 8 1 1
85-812
85-813
85-814
85-815
85-816
85-817
85-818
DCUMEN1:[ND'EX
CONTINUED
CUMENT IDENTIFICATION t COMMISSION RETRIEVAL
DO
1 ACTION AND CODE NO.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO FXF-
AN AGREEMENT WITH RODRIGUEZ, KHULY, QUIROGA,
ARCHITECTS, TO PROVIDE PROFESSIONAL SERVICES,
(DESIGN/CONSTRUCT THE SOUTH DISTRICT I'OLLCF
SUBSTATION PROJECT.).
DECLARE THAT UNIFIED DEVELOPMENT PROJECT
(UDP) DEVELOP CERTAIN IMPROVEMENTS WITH THE.
MOST ADVANTAGEOUS METHOD ON THE CITY OWNED
WATERFRONT LAND. THE, DEVELOPMENT OF MARINE
STADIUM AND BAYFRONT PARK AMPHITHEATER.
AMEND RESOLUTION 85-513 WHICH ALTIOCATE $15,000
TO THE FLORIDA HOUSING COOPERATIVE INC. IN
SUPPORT OF THE FLORIDA COOPERATIVE HOUSING
FORUM (JULY 11 - 12, 1985).
REAFFIRM NEED FOR THE DEVELOPMENT OF RENTAL
HOUSING AFFORDABLE TO FAMILIES AND INDIVIDUALS
OF LOW AND MODERATE INCOME.
AUTHORIZE AN AGREEMENT WITH MIAMI SAVINGS
BANK (MSB). FIVE MILLION DOLLARS CERTIFICATE
OF DEPOSIT IN OVERTOWN SHOPPING CENTER.
AUTHORIZE AN AGREEMENT WITH GREATER MIAMI
UNITED, INC. (GMU) TO EXTEND TIME PERFORMANCE
FROM JUNE 30, 1985 TO JUNE 30, 1986.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO EXE-
CUTE AN AMENDMENT TO THE CONTRACT WITH ALLA-
PATTAH MERCHANTS ASSOCIATION, INC. FOR THE
COODINATION AND DEVELOPMENT OF THE ALLAPA-
TTAH SHOPPING CENTER. EXTEND TIME OF TERMINA-
TION FROM JUNE 30, 1985 TO NOVEMBER 30, 1985.
AUTHORIZE A LEASE AGREEMENT IN THE FORM
ATTACHED HERETO WITH CENTRUST REALTY AND
CONSTRUCTION COMPANY FOR THE LEASE OF THE
GROUND FLOOR RETAIL SPACE IN MIAMI CONVENTION
CENTER PARKING GARAGE,
ACCEPT BID: E.V.F., INC. FOR THE REFURBISH-
MENT OF FIVE EXISTING . RESCUE AMBULANCES
($262,002.00), ETC.....
85-81 `)
85-820
85-821
:AN
85-823
85-824
85-825
85-827
Ic
�IENT•�NDEX
CONTINUED
DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL
ACTION AND CODE NO.
AUTHORIZE' CITY MANAGER TO E.STABILISH MILLAGF 85-821)
RATE FOR THE, FISCAL, YEAR 13IGINNING (_)CTOBFlP
1, 1985, ENDING SEPTEMBER 30, 1986,
AUTHORIZE CITY MANAGER TO E;XFCUTE A I.FASF 8`i-8 31
AGREEMENT IN THE FORM ATTACHFD HFII2ETO WITH
THE DEPARTMENT OF OFF—STREET PARKING POR
THE LEASE OF LAND S.E. CORNER OF S.W. 27TH
AVENUE AND DIXIE HIGHWAY FOR USE; AS A PARKING
FACILITY.
ACCEPT METROPOLITAN DADE COUNTY GRANT:
$37,582.04, TO PROVIDE CHILD DAY CARE SERVI—
CES TO CHILDREN FROM LOW INCOME' FAMILIES.
AUTHORIZE A PROFESSIONAL, SERVICE AGREEMENT
WITH VALLE AXELBERD AND ASSOCIATES, INC.
TO PROVIDE STRESS CONTROL TRAINING TO MEMBERS
OF MIAMI POLICE DEPARTMENT ( FISCAL YEAR
1986.
AUTHORIZE A PROFESSIONAL SERVICE AGREEMENT
WITH URBAN STUDIES INSTITUTE, INC. AT BARRY
UNIVERSITY. REVIEW POLICE TRAINING WITH
EMPHASIS ON RESPONSIVENESS TO THE MULTI—
ETHNIC COMMUNITY OF THE CITY ($33,1.67.).
AUTTORIZE AN AGREEMENT WITH THE FIRMS OF
WILLIAM S. TEASDALE, P.F., AND E:LLIS —
SNYDER — ASSOCIATES, INC., CONSULTING EN—
GINEERS FOR THE RENOVATION/EXPANSION PROJECT
OF THE COMPLETION DINNER KEY MARINA ($30,000).
EXPRESS THE. INTENT TO PROCEED WITH THE DEVE—
LOPMENT OF A MULTIFAMILY RENTAL HOUSING
PROJECT (91 UNITS. $6,000,000) FOR THE BENE—
FIT OF CIRCA/BARNES/SAWYER, A JOINT VENTURE
ESTABLISHED IN PART FOR THIS PURPOSE.
APPROVE SELECTION BY COMPETITIVI: COMMITTEE
OF QUALIFIED FIRMS TO PROVIDE PROFESSIONAL
ARCHITECTURAL/ENGINEERING SERVICES TO RE—
DESIGN/RECONSTRUCT OF MIAMI STADIUM PRESS
BOX. ($300,000.)
CONTINUE PUBLIC HEARING DATE FOR CONSIDERA—
TION OF A MAJOR USE SPECIAL PERMIT/DEVE—
LOPMENT ORDER FOR BRICKLELL AVE. FROM DU—
LY 25, 1985 TO 3:00 P.M. THURSDAY OCTOBER
10, 1985.
85-832
85-833
85-834
85-835
85-836
85-840
85-841
DOCUMENT,mINDEX
CONTINUED
DOCUMENT IDENTIFICATION
CONTINUE: PUBLIC HEARING DATE FOR CONSIPEPA-
TION OI- THE ISUUE Of' MAJOR USE SI'[•;CIAI. ['f;RMIT/
DEVELOPMENT ORDER FOR 1111 BRICKKLL PROJECT.
JULY 25, 1985 TO 3:00 P.M. THURSI)AY, OCTOBI-"R
10, 1985.
AUTHORIZE' DADS COUNTY SCHOOL BOARD TO PLACE,
PROTABLE CLASSROOM STRUCTURES IN M. ATHALIF
RANGE PARK (A/K/A EDISON CENTER PARK) 525
N.W. 62ND ST.
RELAX LIMITATIONS/ALLOW STAGING ON PYROTECH-
NIC DISPLAYS IN BAYI•'RONT PARK UNTIL MIDNIGHT
AUGUST 10, 1985.
AUTHORIZE UNIVERSITY ON MIAMI/PUBLIC WORKS/
OFFICE OF STADIUMS TO ACCEPT PLANS/SPECIFI-
CATIONS FOR NEW ROOF TOP PHOTO DECK AT
ORANGE BOWL ($70,000.00).
AUTHORIZE AN AGREEMENT WITH UNIVERSITY OF
MIAMI FOR PLAYING ITS I'OOTBALL GAMES IN
THE ORANGE BOWL STADIUM.
AUTHORIZE AN AGREEMENT WITH MIAMI-DADS TRADE
AND TOURISM COMMISSION, INC. (MDTTC) TO
PROMOTE CITY AS A POTENTIAL BLACK CONVENTION
SITE. ($18.750.00).
AUTHORIZE' THE' PLACEMENT OF A ONE PAGE, FOUR
COLOR ADVERTISEMENT IN THE l-'RENCH MAGAZINE
"L'EXPRESS". ($12,000.00)
ALLOCATE $26,450.00 TO METRO-MIAMI ACTION
PLAN IN SUPPORT Of-' ITS ANNUAL CONFERENCE:
(SEPTEMBER 6 AND 7 1985)AT THE CONVENTION
CENTER.
APPOINT: MS. J. 11AB11•' AND ELMER LEYVA TO
THE PRIVATE INDUSTRY COUNCIL (PIC) OI•' SOUTH
FLORIDA (EXPIRE JUNE 30, 1987).
SSI
85-842
8 5 - 8 4 7
85-850
85-851
85-852
85-853
85-854
85-855
85-856
DOCUMENTI4NDEX
CONTINUED
I
DOCUMENT IDENTIFICATION
AUTIIORIZF MANAGFI: TO TF,RMINATI? ALI, AGPFFMEN`I'S
FOR OPERATION OF IIILICOPTER SERVICE — WATSON
ISLAND — CITY OF' MIAMI MUNICIPAL HV1,I1'01:'I,
PERMITTING DADE FIELICOPTE.P JFT SF PVICF To
OPERATE FROM BLIMP BASE UNTIL WATSON ISLAND
RF;DEVELOPMENT.
AMEND RF;SOLUTION NO. 85-484 AND ALLOCATF,
$ 12. , 000 . 00 IN SUPPORT 0IWEEKEND CONI'ERENCE
ON CARICOM, SPOSORED 13Y SOUTH FLORIDA BUSI
NESS LEAGUE (MAN' 24 — 25, 1985). CONTRIBUTION
BY METROPOLITAN DADF, COUNTY AND PRIVATE
SECTOR.
ALLOCATE $1000.00 IN SUPPORT OF I'L0PIDA 85-860
INTERNATIONAL UNIVERSITY MEN'S BASKETBALL
TEAM TO PARTIALLY COVER COST Of-' TRANSPOTATION
TO DENMARK.
NO.