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CITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON March 21, 1985
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
INDEX
f MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
MARCH 219 1985
ITEM SUBJECT LEGISLATION PAGE
NO. N0.
1
PLAQUES, PRESENTATIONS AND SPECIAL ITEMS.
DISCUSSION
1
2
GRANT REQUEST BY LATIN CHAMBER OF COMMERCE OF
U.S.A. CAMACOL FOR OFFICIAL RECOGNITION OF AN
EVENT 6/1/85.
M-85-224
2
3
CHANGE DATE OF FIRST COMMISSION MEETING IN APRIL
R-85-225
2
4
REFER TO CITY MANAGER: REQUEST FROM LEAGUE
AGAINST CANCER FOR DONATION OF LAND FOR 25 BED
HOSPITAL ENCOURAGE CITY EMPLOYEES TO VOLUNTEER
SERVICES AND DONATIONS FOR CANCER TELETHON.
M-85-226
2-8
5
PUBLIC HOUSING: REQUEST POLICE REPORT ON
SECURITY NEEDS IN SENIOR CENTER PUBLIC HOUSING
FACILITIES AUTHORIZE $250,000 FROM C.D, FUNDS
FOR SECURITY DEVICES IN PUBLIC HOUSING UNITS
SUBJECT TO CONDITIONS.
M-85-228
M-85-229
8-15
6
PRINCE CONCERT IN THE ORANGE BOWL. REQUEST
-
PROMOTERS AGAIN TO CONSIDER CHANGING DATE.
R-85-230
15-19
7
URGE PROMOTERS OF MISS UNIVERSE PAGEANT TO
EXCLUDE SOUTH AFRICA BECAUSE OF APARTHEID
r
POLICIES, ETC.
R-85-231
19-21
8
EXPRESS CONCERN AND CONDOLENCES TO THE ARMENIAN
COMMUNITY ON THE OCCASION OF THE 70TH OBSERVANCE
OF GENOCIDE COMMITTED IN ARMENIA.
R-85-232
22
9
PRESENTATION OF ARTISTS WORK BY BOB KUTCHENBERG.
DISCUSSION
23
10
REFER TO CITY MANAGER: REQUEST FOR ADVERTISING
IN EBONY MAGAZINE.
M_5-33
8 2
2 -
5
I �` 11
EXPRESS FULL SUPPORT BY U.S. CONGRESS FOR
PASSAGE OF HOUSE BILL 23 RODINO BILL FOR CHANGE
IN CUBAN/HAITIAN ENTRANT PROGRAM.
R-85-234
25
12
APPOINT COMMISSIONER PLUMMER TO INVESTIGATE
POSSIBILITY OF SISTER CITY STATUS FOR PUERTO
PLATA, DOMINICAN REPUBLIC FOR POSSIBLE TRANSFER
I,
OF SOME SURPLUS EQUIPMENT.
M-85-235
27-28
{'i 13
GRANT PERMISSION FOR FIREWORKS IN CONNECTION
WITH OPENING OF NEW CENTRAL LIBRARY
M-85-236
28
14
ALLOCATE $259000 LAW ENFORCEMENT TRUST FUND -
CLERICAL SUPPORT PERSON, POLICE DEPARTMENT -LEGAL
UNIT, ETC.
R-85-237
29
f 15
DISCUSSION OF CONTINUING PROBLEMS IN MIAMI
!
DESIGN DISTRICT SUCH AS POLICE, TRASH AND
SCHEDULED IMPROVEMENTS. (TO BE DISCUSSED FURTHER
3-28)
DISCUSSION
29-34
!l
16
AUTHORIZE CITY MANAGER TO "BUY TABLE" AT RIBS
Yi
N'ROAST CEMEMONY HONORING JACK KASSEWITZ.
M-85-238
34
a
17 ENTER INTO AGREEMENT. THE INTERNATIONAL HEALTH
COUNCIL FOR THE PREPARATION, COORDINATION AND
SUPERVISION OF THE THIRD HEALTH CONFERENCE TO BE
HELD SEPTEMBER 1985 IN MIAMI. R-85-239 34-39
i
18 GRANT REQUEST OF OFF STREET PARKING AUTHORITY
FOR LEASE OF CITY OWNED LAND FOR PARKING LOT AT
27TH AVENUE AND DIXIE HIGHWAY.
M-85-240
39-41
19
INSTRUCT CITY MANAGER TO CONTACT ALL PARTIES
CONCERNED WITH RECENT SUCCESSFUL CALLE OCHO SO
THE COMMISSION MAY OFFICIALLY RECOGNIZE THEIR
EFFORTS.
M-85-241
41-43
20
EXECUTE AGREEMENT. METRO IMPLEMENTING OF LITTLE
HAVANA AND MODEL CITY HOUSING DEMONSTRATING
PROJECTS ALLOCATE $220j5OO.00
R-85-242
45
21
REQUEST PRIORITY OF SOUND BARRIERS ALONG
METRORAIL IN CERTAIN AREAS.
M-85-243
45-48
22
DISCUSSION: STATUS OF LITIGATION BY LAW
DEPARTMENT
DISCUSSION
49-50
23
ORANGE BOWL IMPROVEMENTS: DISCUSSION OF POSSIBLE
REFERENDUM REGARDING DISBURSEMENT OF BED TAX
FUNDS.
DISCUSSION
50-53
24
APPOINT COMMISSIONER PEREZ TO INTERVIEW AND
INVESTIGATE WEEKLY NEWSPAPERS FOR POSSIBLE CITY
ADVERTISING.
M-85-244
53-55
25
CONSENT AGENDA
—
55
25.1
CLAIM SETTLEMENT: MARIA ARGUELLES.
R-85-245
56
25.2
CLAIM SETTLEMENT: ROBERT LINCOLN.
R-85-246
56
25.3
EXTENSION OF EMPLOYMENT: OSCAR T. DIAZ
R-85-247
57
25.4
CORRECT SCRIVENER'S ERROR IN R-85-176
R-85-248
57
25.5
CORRECT SCRIVENER'S ERROR IN RESOLUTION 85-177.
CODESIGNATE PORTION OF N. BAYSHORE DRIVE AS
PLAZA VENETIA WAY.
R-85-249
57
25.6
ACCEPT COMPLETED WORK. P.N.M. CORPORATION.
ALLAPATTAH MINI PARK.
R-85-250
58
25.7
ACCEPT COMPLETED WORK. L.7.F. PROPERTIES, INC.
MIAMI STADIUM CONCERT STAGE ROOF.
R-85-251
58
25.8
PUBLISH NOTICE OF PUBLIC HEARING. ACCEPTANCE OF
COMPLETED WORK. OVERTOWN HIGHWAY IMPROVEMENT H-
44912—BID "C"
R-85-252
58
25.9
PUBLISH NOTICE OF PUBLIC HEARING. ACCEPTANCE OF
COMPLETED WORK. OVERTOWN HIGHWAY IMPROVEMENT H-
4492—BID "A" AND "B"
R-85-253
59
25.10
PUBLISH NOTICE OF PUBLIC HEARING. ACCEPTANCE OF
COMPLETED WORK ALLAPATTAH INDUSTRIAL AREA
HIGHWAY IMPROVEMENT. H-4485.PHASE I.
R-85-254
59
25.11
BID ACCEPTANCE. P.N.M. CORPORATION. ALLAPATTAH
INDUSTRIAL AREA STREET IMPROVEMENTS PHASE II,
BIDS "A" AND "C"
R-85-255
60
25.12
BID ACCEPTANCE. MIRI CONSTRUCTION, INC. —
ALLAPATTAH INDUSTRIAL AREA STREET IMPROVEMENTS
PHASE II, BID "B".
R-85-256
61
25.13
BID ACCEPTANCE. MIAMI INTERNATIONAL LAWN AND
JANITORIAL SERVICE. MIAMI POLICE DEPARTMENT
BUILDING.
R-85-257
61
f
� f
25.14 RESCIND BID AWARD. MEDCO INTERNATIONAL. BID
ACCEPTANCE. MASSEY FERGURSON. LO-BOY TRACTORS. R-85-258
25.15 AUTHORIZE LEASE OF IBM DISPLAYWRITER. OFFICE OF
PROFESSIONAL COMPLIANCE. R-85-259
25.16 ORDERING RESOLUTION. FAIRLAWN NORTH SANITARY
8 6
SEWER IMPROVEMENT SR-5491
25.17 PLAT ACCEPTANCE -"COCONUT GROVE STATION".
25.18 AUTHORIZE AGREEMENT -SOUTHERN POLICE INSTITUTE.
25.19 AUTHORIZE AGREEMENT-VALLE AXELBERD AND
ASSOCIATES, INC.
25.20 AUTHORIZE AGREEMENT-VALLE AXELBERD AND
ASSOCIATES, INC.
25.21 TRANSFER RIGHT OF WAY FIRST STREET TO STATE
HIGHWAY SYSTEM.
25.22 APPROVE SELECTION OF FIRMS FOR DEVELOPMENT OF A
COMPREHENSIVE STORM DRAINAGE MASTER PLAN FOR THE
CITY.
25.23 APPROVE SELECTION OF FIRMS FOR "A STUDY ON HOW
TO BEST ACHIEVE A COST REDUCTION IN THE CITY'S
STREET LIGHTING SYSTEM".
25.24 APPROVE SELECTION OF FIRMS TO CONDUCT A RIGHT OF
WAY CONDITION SURVEY AND DEVELOP AN ANNUAL
MAINTENANCE WORK PROGRAM AND BUDGET FOR THE
CITY.
25.25 ALLOCATE $4,000. UPGROVE THEATRE, INC.
25.26 ALLOCATE $12,000. 1985 ROWING CLUB REGATTA.
25.27 ALLOCATE $5,000. SELECT COMMITTEE EXPENSES TO
SECURE 1989 SUPER BOWL.
26 ALLOCATE $109000. FEE WAIVER CONVENTION CENTER
IN SUPPORT OF FIRST ANNUAL PROFESSIONAL FOOTBALL
PLAYERS CHARITY BASKETBALL TOURNAMENT.
27 SECOND READING ORDINANCE: AMEND CHAPTER 54 OF
THE CITY CODE RIGHT OF WAY DEDICATION REQUIRED
PRIOR TO ISSUANCE OF PERMITS COVENANT REQUIRED,
ETC.
28 SECOND READING ORDINANCE: ESTABLISH NEW CAPITAL
IMPROVEMENT PROJECT "BAYFRONT PARK
REDEVELOPMENT. UDAG'S APPROPRIATE $6,0139000
FEDERAL FUNDS.
29 FIRST READING ORDINANCE: INCREASE APPROPRIATIONS
FOR INVENTORY OF BURROUGHS B-20 SUPPLIES.
30 FIRST READING ORDINANCE. AMEND SEC 30-539 54, 55
GREEN FEES CART FEES AND SPECIAL FEES.
31 CLAIM SETTLEMENT. MANUEL PARDO $1229000.
32 DISCUSSION. DIRECT CITY MANAGER AND CITY
ATTORNEY TO MODIFY EXISTING MINORITY
PARTICIPATION PLAN TO AVOID THE HIRING OF A
MINORITY TO QUALIFY, ETC.
33 EMPLOY OUTSIDE COUNSEL: SAGE GRAY TOOD AND SIMS
NEGOTIATION AND PREPARATION OF DOCUMENTS FOR
BAYSIDE SPECIALTY CENTER.
R- 5-2 0
R-85-261
R-85-262
R-85-263
R-85-264
R-85-265
R-85-266
R-85-267
R-85-268
R-85-269
R-85-270
R-85-271
R-85-272
ORD. 9966
ORD. 9967
1ST READING
1ST READING
R-85-273
DISCUSSION
R-85-274
61
62
62
62
62
63
63
63
64
64
64
65
65
66
67
68
68-69
70
70
71
72
73
0 0
34
EXTEND OUTSIDE COUNSEL: ARNOLD ANDF PORTER -CABLE
T.V.
R-85-275 75
35
DISCUSSION - PROPOSED CONTRACT S.M. DIX
ASSOCIATES, INC. APPRAISAL OF IMMOVABLE FIXTURES
IN S.E. OVERTOWN PARK WEST REDEVELOPMENT AREA.
SEE PASSAGE OF RESOLUTION LATER THIS MEETING.
DISCUSSION 75-77
36
PROPOSED CONTRACTUAL AGREEMENT. BEHAVIORAL
SCIENCE RESEARCH CORPORATION -HOUSING PREFERENCE
SURVEY (NO MOTION MADE).
DISCUSSION 77-78
37
EXECUTE CONTRACT: REAL ESTATE RESEARCH
CORPORATION FOR APPRAISALS OF REAL PROPERTY IN
PHASE I, S.E. OVERTOWN PARK WEST REDEVELOPMENT
AREA.
R-85-276 78
38
ACCEPT DONATION OF SCULPTURE "HOKISAY'S WAVE
1981".
R-85-277 80
39
RENEW LEASE AGREEMENT. METRO FOR LEASE OF OFFICE
SPACE AT CULMER OVERTOWN NEIGHBORHOOD SERVICE
CENTER JOBS PROGRAMS,.ETC.
R-85-278 80-82
40
AUTHORIZE AGREEMENT. U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT TO INCREASE SUPPLY OF
AFFORDABLE STANDARD HOUSING FOR LOWER INCOME
PERSONS.
R-85-279 82
41
EXECUTE AGREEMENT: SOUTH FLORIDA ECONOMIC
OPPORTUNITY DEVELOPMENT COUNCIL FOR SEWING
MACHINE OPERATOR JOB TRAINING PROGRAM.
R-85-280 84
42
EXECUTE AGREEMENT: MIAMI DESIGN PLAZA MERCHANTS
ASSOCIATION MDPMA FOR PROMOTION OF ANNUAL "MIAMI
MARKET DAYS".
R-85-281 86
43
AMEND AGREEMENT: AUTHORIZE AMENDMENT OF 10
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS -
CANCELED CHECKS FOR REIMBURSEMENTS, ETC.
R-85-282 86
44
AUTHORIZE AMENDING AGREEMENT. BARNETT BANK OF
SOUTH FLORIDA A N.A. EXTEND TERMINATION DATE OF
AGREEMENT TO PUBLISH SPANISH VERSION OF MIAMI
BUSINESS REPORT 1983-84.
R-85-283 87
45
AMEND AGREEMENT. AMEND TERMS OF ARTICLE 4.8 OF
AGREEMENT MIAMI DADE TOURIST AUTHORITY EXTENDING
DUE DATE OF FINAL BUDGETARY REPORT.
R-85-284 88
46
AMEND AGREEMENT. MIAMI DADE CHAMBER OF COMMERCE
FOR PUBLISHING THE BLACK INDUSTRIAL DIRECTORY.
EXTEND DUE DATE.
R-85-285 88
47
AMEND AGREEMENT. DOWNTOWN MIAMI BUSINESS
ASSOCIATION, IND. DMBA ADVERTISEMENTS FOR 1985
EASTER HOLIDAYS PROMOTIONAL ACTIVITIES.
R-85-286 89
48
AMEND AGREEMENT,. BELAFONTE TACOLCY CENTER, INC
DEFER DUE DATES OF PROMISSORY NOTE DATED MAY 10,
1983 IN THE AMOUNT OF $400,000.
R-85-287 89
49
ENTER INTO AGREEMENT. ALLOCATE $39145.83-10TH
YEAR COMMUNITY DEVELOPMENT FUNDS TO MARTIN
LUTHER KING ECONOMIC DEVELOPMENT CORPORATIONN-
1/12TH FUNDING $37050.
R-85-288 90
50
AUTHORIZE ISSUANCE OF BONDS.$30,000,000 STORM
SEWER IMPROVEMENTS BONDS OF THE CITY OF MIAMI,
FLORIDA.
R-85-289 90-91
51
DISCUSSION AND TEMPORARY DEFERRAL OF AUTHORIZING
ISSUANCE OF $20,000,000. POLICE HEADQUARTERS AND
CRIME PREVENTION FACILITIES BONDS. SEE LATER
SAME MEETING FOR PASSAGE.
M-85-290 91-94
f
f++
i
52
DISCUSSION OF MARINE PATROL BOARD -QUESTION TO
CHIEF OF POLICE WHY 2ND BOAT WAS NEVER
PURCHASED.
DISCUSSION
53
EXTEND CONTRACT. DAVID H. GRIFFITH AND
ASSOCIATES LTD CENTRAL SERVICES COST ALLOCATION
PLAN.
R-85-291
54
DESIGNATE PLANNING AND DESIGN SERVICES.
MODIFICATION AND EXPANSION OF FIRE GARAGE AND
FIRE STATION NO. 3 AS CATEGORY B. PROJECT.
R-85-292
55
ALLOW SALE OF BEER AND WINE. TWO DAY PERIOD FOR
FRIENDS OF THE JAPANESE GARDEN. JAPANESE SPRING
FESTIVAL WATSON ISLAND APRIL 21,22, 1985.
R-85-293
56
ISSUE FACILITY EXTENDED USE PERMIT. FRIENDS OF
THE JAPANESE GARDEN FOR USE OF JAPANESE GARDEN
IN WATSON ISLAND PARK.
R-85-294
57
AUTHORIZE PLACEMENT OF MONUMENT. PRESIDIO
POLITICO HISTORICO CUBANO. CHANGING FROM JOSE
MARTI PARK TO RIVERSIDE PARK.
R-85-295
58
ALLOCATE FUNDS FOR FEE WAIVER. "ARTS SHOWCASE
85" GUSMAN CULTURAL CENTER MARCH 29 AND 30.
R-85-296
59
ESTABLISH REDUCED GREEN FEES. ANNUAL NORTH.
SOUTH GOLF TOURNAMENT FEB 19-23, 1985.
R-85-297
60
AUTHORIZE PAYMENT. WINGERTER LABORATORIES INC.
PROFESSIONAL ENGINEERING TESTING. DINNER KEY
MARINA REDEVELOPMENT.
R-85-298
61
APPOINTMENT OF PERSONS TO CODE ENFORCEMENT
BOARD.
R-85_299.1
R-85-299.2
62
APPOINT JAMES D. CARREKER AS A MEMBER OF THE
DOWNTOW14 DEVELOPMENT AUTHORITY.
R-85-300
63
CONFIRM ORDERING RESOLUTION: SEALED BIDS FOR
CONSTRUCTION OF N.W. 47 AVENUE HIGHWAY
!
IMPROVEMENT 8H-4505.
R-85-301
64
APPROVE EMERGENCY PURCHASE OF SERVICES. WAIVE
COMPETITIVE BIDDING BELAFONTER TACOLCY CENTER
FOR OPERATION OF JPTA TITLE II-B SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM.
M-85-302
65
PUBLIC HEARING. AMEND ARTICLE 15 SPECIAL PUBLIC
INTEREST DISTRICTS OVERTOWN PARK WEST. DISCUSSED
AND TEMPORARILY DEFERRED.
M-85-303
66
AUTHORIZE CONTRACT. S.M. DIX AND ASSOCIATES FOR
APPRAISALS OF IMMOVABLE FIXTURES FOR COMMERCIAL
PARCELS WITHIN SOUTHEAST OVERTOWN/PARK WEST
PROJECT.
R-85-304
67
ACCEPT RECOMMENDATION FOR SELECTION OF LADDER
COMPANY NO. 4 LTD. UNIFIED DEVELOPMENT PROJECT.
REUSE OF FIRE STATION NO. 4.
R-85-305
67.1
BRIEF DISCUSSION REGARDING PUBLIC SERVICE TAX ON
TELEPHONE SERVICES.(CONTINUED ON LABEL 70).
DISCUSSION
68
CONTINUED DISCUSSION: AMEND ARTICLE 15 SPECIAL
PUBLIC INTEREST DISTS. OVERTOWN/PARK WEST.
MOTION TO BEGIN AREA OF 9 BLOCKS AS DELINIATED
t:.
IN BLACK ON MAP.
M-85-306
69
GRANT WAIVER FOR USE OF ORANGE BOWL STADIUM-
`"`
NOVEMBER 27, 1986 FOR PUBLIC SCHOOL CENTENNIAL
CELEBRATION IF STADIUM IS AVAILABLE.
M-85-307
94-97
98 -
98 -
99
99
100
101
101 -
102
102
104
104
105-107
107-135
135
136-158
158
158-163
165
70
PUBLIC HEARING. PROPOSED AMENDMENT TO SECTION
55-11 AND 55-12 PUBLIC SERVICE TAXES ON
TELEPHONE SERVICES (A) DENY PROPOSED TAX, (B)
EXPLORE OTHER SOURCES OF REVENUE (C) STRAW
BALLOT QUESTION ON NEWSPAPER ADVERTISING REVENUE
TAX.
M-85-308
M-85-309
M-85-310
164-183
71
PERSONAL APPEARANCE: REPRESENTATIVES OF NEW
WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT
CONFERENCE INC,. TO REQUEST SETTING ASIDE OF
PARCEL OF PROPERTY FOR HOTEL IN S.E.
OVERTOWN/PARK WEST AREA. (REFERRED TO CITY
ATTORNEY).
DISCUSSION
186
72
ACCEPT BID. CITY HALL CONFERENCE ROOM AND
ALLOCATING ADDITIONAL $359000. EACH FOR
COMPLETION OF REMODELING OF CITY COMMISSIONERS
OFFICES.
R-85-311
187-188
73
AUTHORIZE ISSUANCE OF BONDS: $20,000,000. POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES
BONDS OF THE CITY OF MIAMI9 FLORIDA.
R-85-312
188-189
74
SECOND READING ORDINANCE: SPI-16 SPECIAL PUBLIC
INTEREST DISTRICTS SOUTHEAST OVERTOWN/PARK WEST
COMMERCIAL/RESIDENTIAL DISTRICTS.
ORD. 9968
189-191
75
SECOND READING ORDINANCE: APPLY SPI 16
SOUTHEAST OVERTOWN PARK WEST OVERLAY DISTRICT.
ORD. 9969
192
76
SECOND READING ORDINANCE. ZONING ATLAS
AMENDMENT DESCRIBED AREA SOUTHEAST PARK WEST
COMMERCIAL/RESIDENTIAL DISTRICT.
ORD. 9970
192
77
SECOND READING ORDINANCE. ZONING ATLAS AMENDMENT
DESCRIBED AREA S.E. OVERTOWN/PARK WEST, ETC.
ORD. 9971
193
78
ADOPT IN PRINCIPLE, "DESIGN GUIDELINES AND
STANDARDS SOUTHEAST OVERTOWN/PARK WEST" JULY
1984 AS REFERENCED IN PROJECT AREA.
R-85-313
194
79
SECOND READING ORDINANCE. PROVIDE FOR
RESTRICTIONS ON KEEPING OF WILD ANIMALS AND
REPTILES.
ORD. 9972
195
80
CLAIM SETTLEMENT. EARLE BLACK, DELORES BLACK AND
ARTHUR W. TIFFORDs ATTY. $30,000-00.
R-85-314
197
81
REQUEST PLANNING DEPARTMENT TO PRESENT PANTRY
PRIDE AREA REZONING MATTER AT MAY MEETING DUE TO
CHANGE IN DATES OF APRIL COMMISSION MEETING.
M-85-315
198
I
0 0
W
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 21 st day of March, 1985, the City Commission of
Miami, Florida, met at its regular meeting place in the City
Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 9:14 O'Clock A.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ALSO PRESENT:
Randolph B. Rosencrantz, City Manager
Lucia Allen Dougherty, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Maurice Ferre who
then led those present in a pledge of allegiance to the
flag.
1. PLAQUES, PRESENTATIONS AND SPECIAL ITEMS.
A. Presentation of a Proclamation to Mr. Frank Castaneda,
Director, City of Miami, Department of Community
Development and Mr. Carlos Rodriguez-Quesada of the
Florida Housing Cooperative, designating the month of
April as "Fair Housing Month".
B. Presentation of
representatives
Basketball Team
Championship.
C. Presentation of
representatives
Basketball Team
Championship.
Proclamation and resolution to
of America High School's Girls
for winning the Florida State
a Proclamation and Resolution to
of Coral City High school's boys
for winning the Florida State
2. GRANT REQUEST BY LATIN CHAMBER OF COMMERCE OF U.S.A.
C.A.M.A.C.O.L. FOR OFFICIAL RECOGNITION OF AN EVENT
6/ 1 /85.
Mr. Perez: Mr. Mayor, I would like you to recognize Eloy
Gonzalez, the President of CAMACOL.
Mayor Ferre: All right, Mr. Gonzalez.
RT 1 March 21, 1985
Mr. Perez: I think that Eloy Gonzalez, what he is
requesting is that the City of Miami be a sponsor with the
U.S. Hispanic Chamber of Commerce of the U.S. Hispanic
Recognition Dinner. That is a dinner that is going to be
celebrated on June 1, 1985 and to the top 100 Hispanic
business firms across the USA. Okay, I think that they are
not requesting any funds, only moral support, no? Official
recognition.
Mayor Ferre: All right, Commissioner Perez moves, is there
a second?
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION NO. 85-224
A MOTION GRANTING A REQUEST MADE BY ELOY
GONZALEZ, REPRESENTING THE LATIN CHAMBER OF
COMMERCE OF U.S.A. (CAMACOL) AND GIVING
OFFICIAL RECOGNITION AND SUPPORT TO AN EVENT
TO BE SPONSORED BY CAMACOL ON JUNE 1, 1985
IN MIAMI.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Ferre: I vote yes and I just want to say, and Eloy, I
notice that Texas is beating us with 22 large Hispanic
companies, Florida is second with 18 and I hope by the time
June comes around that we beat Texas. You've got 4 more to
go.
Mr. Eloy Gonzalez: Only, we are going to be 10 more. Thank
you.
Mayor Ferre: That's good, that's better.
------------------------------------------------
3• CHANGE DATE OF FIRST COMMISSION MEETING IN APRIL.
------------------------------------------------------------
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-225
A RESOLUTION RESCHEDULING THE REGULAR
CITY COMMISSION MEETING OF APRIL 25,
1985 TO TAKE PLACE ON APRIL 18, 1985 AT
9:00 A.M.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote-
RT 2 March 21, 1985
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.
4. REFER TO CITY !TANAGER: REQUEST FROM LEAGUE AGAINST
CANCER FOR DONATION OF LAND FOR 25 BED HOSPITAL
ENCOURAGE CITY EMPLOYEES TO VOLUNTEER SERVICES A
DONATIONS FOR CANCER TELETHON.
Mr. Perez: Mr. Mayor, I would like to introduce, I don't
think we have to introduce this lady, but I would like that
you recognize the group that we have here headed by Mrs.
Lourdes Palacios de Aguila who is the chairperson of the
League Against Cancer. I think they have a request to
present and I would like that she use the podium.
Mrs. Lourdes Palacios de Aguila: Honorable Mayor Maurice
Ferre, City of Miami Commissioners, on behalf of the League
Against Cancer, I would like to take this opportunity to
thank you for allowing me to make a brief presentation of
our request at this time. Since our 9th telethon will be
held Sunday, May 5th and time is of the essence, we would
like to present our audience and contributors with a
positive statement regarding the land for our long hoped for
a hospital. We present ourselves before you to discuss this
subject. On June, 1984, the City Commissioners unanimously
-
approved the donation of a parcel of land within the City
Limits for the construction of our hospital, a long held
dream of the League. We would like to be able to tell our
contributors and audience at the 9th telethon, which will be
aired in its entirety by Channel 23, that the location of
this hospital has been chosen and construction of the
is
hospital is our next goal. We appeal to you at this
opportunity to help us expedite this matter so we can go on
to our second goal, the construction of our hospital. With
the construction of our hospital the following other goals
will be achieved: (1) We shall have an ecological center
with no less than 25 beds where we can provide better care
for cancer patients who have limited or no resources with
+
distinction of race, ethnic origin or creed and are
residents in the State of Florida. (2), We shall be able to
j.;
expand into providing new health care service. (3) We shall
be able to create satellite facilities such as intermediate
i'
care units plus screening programs and home care. This will
improve the image of our center in the communities served.
(4) New jobs will be opened under equal opportunities for
the community. Right now, we operate an outpatient clinic
within our premises and already our clinic is doing a
tremendous amount of good for the patients. The clinic is
small in size but large in service to the area. Enlarging
high quality patient care at the lowest possible cost. The
hospital will give us the space we require to give our best
1
to the thousands of people, children and adults who come to
-
us for treatment. Once the land for our hospital is
allocated and the members of the community know about it,
our hospital will start taking shape and form. It is our
-
sincerest wish to bring this about as soon as possible and
-�
we need your help. We meant this to be a brief presentation
�l
so in summary, we ask for your help in expediting the
RT 3 March 21, 1985
C.
7:
3
location of the land donated to the League Against Cancer
and we wish to extend our heartful thanks for the
opportunity to be present before you today with our request
which we feel is valid and direly needed. We hope your
answer will be a positive one since we know of your interest
in the betterment of our community and that is why the theme
of our League Against Cancer is "While there is love there is hope".
Mayor Ferre: Mrs. Aguila, I want to say to you and to your
associates in the League Against Cancer that your's is one
of the most beautiful and cleanest, in the best sense of the
word, charitable organizations that we have in this
community. What you have done is truly an act of love and =
it is amazing to me every year that I am privileged to go to
the telethon to see literally thousands and thousands and
thousands of people gathered there contributing. As I
remember, last year you broke a record. How much did you
raise in -the marathon?
Mrs. Aguila: $1,300,069.
Mayor Ferre: In 24 hours.
Mrs. Aguila: In 14 hours.
Mayor Ferre: In a 14 hour marathon. Of course, it takes
one year to prepare for those 14 hours but what you have
done is not only the most important event of its kind in the
State of Florida, it is unbelievable because you don't get
those donations in $50,000 checks, you get them $100 and $10
and $5 and $300 and the fact that you get this from the
community is a clear indication of the tremendous popular
support that you and your organization have and I cannot
think of a more significant achievement in this community in
the past decade than what you have done and I can only speak
for myself, but as I have been telling you since last year, _
-
anything that the City of Miami can do to assist in your
cause is something we do gladly because you have proven very
—
very significantly that you are able to achieve what you set —
r
out to do. Now you're going to build a hospital, the
hospital is an important step forward for you and for us.
f
You have asked the City not to donate money but in this case
you have asked us to donate a piece of property. As we all -
know, the City of Miami has over 300 inactive parks. I
asked the former City Manager Gary and I asked our present
City Manager Rosencrantz to look for a piece of property and
as I understand, Carl Kern, you have been working on this
and you have now narrowed the field down to 3 locations.
Would you inform he Commission as to what your
A
recommendations are?
Mr. Carl Kern: Yes, sir. Carl Kern, Director of Parks and
Recreation. We have met many times, we have gone over all
the City maps and looked at all the available parcels. -
-
There are several parcels of City land that could be usable
for this type of facility. One is on 20th Street and 12th
Avenue which is the old Solid Waste Incinerator site. We _
have identified about 4 that could be considered.
—
Mayor Ferre: Is it one acre, a hundred acres?
Mr. Kern: That is a major problem. The hospital hasn't
been designed but they need several acres....
Mr. Dawkins: That's not the question, what is the acreage
of the ones you recommend?
Mr. Kern: I don't have the acreage for that site.
f
i
I
:'
RT 4 March 21, 1985 -
0
Mayor Ferre:
acres?
The Incinerator property, is it one acre or 20
Mr. Kern: I'll have to get that, Mayor.
Mayor Ferre: And I think we also need to know the estimated
approximate value of the property.
Mr. Kern: I'm sorry, I don't have the acreages with me this
morning, I didn't know this was coming up. The other area
we looked at was the Human Resources C.D. area but we
understand that is probably committed for a future science
park, that would be another suitable location.
Mayor Ferre: I didn't hear that, what?
Mr. Kern: Where the Human Resources Building is and the
Community Development Office, but I understand there is some
discussion about a science facility in there. There is some
land adjacent to Curtis Park which is right behind Mr. Ura's
facility, are you familiar with that, Mr. Mayor? The parcel
of land right behind Mr. Ura's facility adjacent to Curtis
Park, that is City owned land, there is approximately an
acre and a half available there that is not being utilized
at all.
Mayor Ferre: Where is that again?
Mr. Kern: That is adjacent to Curtis Park and it is that
land right behind Mr. Ura's Allapattah feeding ...
Mayor Ferre: How big a property is that?
Mr. Kern: There is an acre and a half in that parcel. The
other area they looked at was Bryan Park at 23rd Street and
13th Avenue Southwest.
Mayor Ferre: 23rd Avenue and 13th Street.
Mr. Kern: Yes, I'm sorry. And that is 3 acres, it would be
suitable, however, it is a park and it is in a residential
neighborhood and we don't recommend that one although it is —
the first choice of the League.
Mayor Ferre: Is Bryan Park an in -use park?
Mr. Kern: It is only staffed in the summer time, other than
that it is a neighborhood park.
Mayor Ferre: What does it have in the summer time, is there
j a baseball diamond there or tennis courts or a swimming
pool? -
Mr. Kern: No pool, there are several tennis courts, one
basketball court, a small little open ball field. It has
been there for many many years.
Mayor Ferre: That's residential in that area, right?
f Mr. Plummer: Totally. f
j Mayor Ferre: So it is like Victoria Hospital, it is the
i
same situation where the hospital is surrounded by houses.
Mr. Kern: Yes, except it is all single family in the Bryan
Park neighborhood.
Mr. Plummer: Mr. Mayor, I think that probably the biggest
problem they are going to have is with the hospital board
that does have and does exert some control. And, as you
t : t
RT 5 March 21, 1985
I
0 0
know, what they have been trying to do is to unify all
medical facilities in the compound in and around Jackson
Hospital. Very few of the facilities are being approved,
and I would assume you come under the same board that I
would say to you probably you are looking at the 20th Street
and 12th Avenue site as being the one closest to the other
facilities and I'm just throwing that out that that probably
would be the site that is going to be the final analysis
because the hospital board, as I understand it, does have
the authority to say where you can go and where you can't.
Mayor Ferre: All right, Mrs. Aguila.
Mrs. Aguila: Yes, the problem is that we don't work with
Jackson or those hospitals and we have more than 90 doctors
volunteers that they work, that they have the office more in
this house and we have a lot, you know that we work with a
minimum staff but the doctors and the ladies volunteer, you
know, insofar and for us it is very important, the doctors
because they worth millions of dollars and they are the ones
that help the institution and we work with Mercy Hospital,
with American Hospital ... We work with the hospitals in
the south that they give us discount and the offices are in
that area.
Mayor Ferre: Lourdes, I don't know what the rest of the
Commission would feel, I have no problems personally, this
is just one out of five individuals here, working with you
in whatever way you want. I think Commissioner Plummer has
a valid point and that is you have to get the approval of
the Dade County Health Planning Council. Without that you
can't build a hospital in Dade County. Did you know that?
Mrs. Aguila: Yes, we need a Certificate of Need.
Mayor Ferre: So that means that you have to apply. Now, I
think it is in your best interest, and I will vote any way
you think is appropriate on this but 1 think it is in your
best interest not to lock yourself into one location but to
say this is our first choice, this is our second choice,
this is our third choice and let trio Health Planning Council
deal with that along with you. Now, whatever you and they
decide, I will be in favor of.
Mr. Dawkins: I would like to add to what the Mayor said. I
am in total in favor of the hospital but I am in favor
moreso of something larger than 25 beds and my reason is two
fold - (1) it is going to meet a need and (2) we do not have
any place in Dade County or Florida where minorities can go
and do an internship in Cancer. And I am quite sure that if
this were located in a minority area that we would have
minority doctors who would come and do internship and gain
the acquired knowledge necessary to serve the public. So
that is why I would like for you to go back and get your
certificate of need and once they tell us how many beds we
can build then let's find the land to put it on if that is
agreeable with you.
Mrs. Aguila: We put 25 beds because we know that we start
from the bottom, you know, we have to start at least with 25
beds. Of course, our dreams is a big big hospital, you
know, with many acres to help all these people in the
community that need the League Against Cancer have a
hospital and doctors in the future can work in research
there. But we put this because we think that we can't ask
this minute for a big hospital because it is very important
to the League to start with the hospital because of the cost
of the drugs and everything, you know. And we have more
than 5,000 patients already that we treat and that costs
millions of dollars and you know, we try very hard the whole
RT 6 March 21, 1985
year raising money to help, without distinction of race,
nationality or creed, all the legal residents in Florida
that need help. But thank you so much.
Mr. Dawkins: I think I speak for all the Commissioners here
when I say that we, this City Commission will do all that is
within our powers to help you achieve the dream of putting a
hospital out there to serve us.
Mrs. Aguila: thank you so much.
Mr. Perez: Mr. Mayor, I would like first to recognize the
efforts and the contributions of this group. I was an
outstanding witness of this effort. My office has referred
dozens of cases to the League Against Cancer and I have
received the best response without any kind of
discrimination, without any kind of distinction, I have sent
people from Latin America, people from the black community,
people from the Cuban community, from all the neighborhoods
of this area and they have received an outstanding service.
I think, as one member of this Commission, I am very proud
to have this opportunity and I would like that we have some
concrete step today. I would like to move a formal
resolution that this Commission grant to the League Against
Cancer the opportunity to choose any of the three locations
in accordance with the advice that they receive at the
proper time. But I would like before May 6th, they can
announce in the telethon that this Commission is in full
support of the League Against Cancer and the hospital will
be a reality and that is the motion that I would like to
move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second it in principle.
Mayor Ferre: Now, Mr. Manager and Mr. Kern, as I understand
the sense of the motion is this is an instruction to the
administration to work with the League and help them in the
procedural application. There may be zoning problems too
where we need to the Health Planning Board, we need to go to
the Zoning, we need to go through whatever procedures are
needed so as to determine what is the most appropriate
place. Now, I want the record to reflect that Mrs. Aguila
has stated the Bryan Park location is their preferred site
and that if they can work their problems out that is the
location that we would be deeding over to them. If that
does not work out, and if the Health Planning Council
insists that it be near the hospital area then you may have
to set in another area. Yes, Curtis Park would be your
second choice and your third choice would be 20th Street and
t 12th Avenue which is the old incinerator site but that may
be something
that you need to talk the Health Planning
Council into and this gives you the flexibility. It is the
intention of the resolution, as I understand the motion
made, that this be worked out and finalized before May 5th
so that there is a final document by May 5th. That gives
you March and April, what's left of March all of the month
of April and the first week of May.
r Mr. Kern: We'll try to get a response from the Health
Board.
Mayor Ferre: A lot more than that, sir, we need to get into
the zoning aspects, we need to get the law office ... We
may have to go through a bid procedure on this, whatever the
legal aspects of this are, as I understand the instructions
of the maker of the motion, is that this be done on an
emergency basis so that it can be done as quickly as
possible.
RT
7
March 21, 1985
11
Mr. Kern: We'll start on that right today.
Mayor Ferre: All right, is there further discussion?
Mr. Plummer: Mr. Mayor, I am voting with the motion but I
have to go on record that I have great reservations,
unfortunately, with your number one site. I think that
you're asking for more problems than you realize. That is a
totally residential area and I think that you're just going
to be into a situation that is going to be unbearable. I'm
not discounting but I have great reservations about the
Bryan area but I am voting with the motion.
Mayor Ferre: All right, further discussion? Are we ready
to vote now? Call the roll.
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION NO. 85-226
A MOTION GRANTING A REQUEST MADE BY
REPRESENTATIVE OF THE LEAGUE AGAINST CANCER,
LOURDES DE AGUILA, IN CONNECTION WITH THE
REQUEST FOR LAND OWNED BY THE CITY TO BE
DONATED FOR THE CONSTRUCTION OF A 25-BED
HOSPITAL FOR CANCER PATIENTS WHO HAVE EITHER
LIMITED OR NO RESOURCES AND FOR FURTHER
EXPANDING THE HOME CARE SERVICES; FURTHER
REFERRING THEIR REQUEST TO THE CITY MANAGER
FOR EVALUATION AND RECOMMENDATION; FURTHER
REQUESTING THAT THE MANAGER SPECIFICALLY
EXAMINE THEIR REQUEST FOR A DONATION OF LAND
PRESENTLY KNOWN AS BRYAN PARK, THEIR
PREFERRED LOCATION, TO BE HOPEFULLY WORKED
OUT AND FINALIZED BY MAY 5, 19851 IF
POSSIBLE.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
r
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Mr. Perez: Mr. Mayor, before this group leaves I would like
�. that this City Commission appeal to all the employees of the
City of Miami in the same way that we cooperate with the
United Way and with other institutions that on a volunteer
{ basis, all the employees of the City of Miami have the
opportunity to contribute with the Ninth Telethon and I
would like to make as a formal motion in order the
administration call all the employees of the City of Miami. on a volunteer basis to have their contribution for the
telethon.
is Mayor Ferre: Is there a second to that?
i'
1
i Mr. Plummer: Second.
i
' Mayor Ferre: Further discussion? Call the roll.
is
i The following motion was introduced by Commissioner
Perez, who moved its adoption:
'' RT 8 March 21 1985
0 0
MOTION NO. 85-227
A MOTION ENCOURAGING THE EMPLOYEES OF THE
CITY OF MIAMI TO VOLUNTEER THEIR SERVICES
AND/OR MAKE CASH CONTRIBUTIONS IN CONNECTION
WITH A TELETHON TO BE HELD ON CHANNEL 23 ON
MAY 5TH FOR THE LEAGUE AGAINST CANCER.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
------------------------------------------------------------
5. PUBLIC HOUSING: REQUEST POLICE REPORT ON SECURITY NEEDS
IN SENIOR CENTER PUBLIC HOUSING FACILITIES AUTHORIZE
$2509000 FROM C.D. FUNDS FOR SECURITY DEVICES IN PUBLIC
HOUSING UNITS SUBJECT TO CONDITIONS.
Mr. Perez: I would like to recognize, Mr. Mayor, a group
that is the Dade County Overall Tenants Advisory Council.
They want to expose what is the situation of the public
housing projects in this area and try to appeal to this
Commission in order to have the support of the City
Commission in favor of the public housing but I would like
that these people have the opportunity to expose what is the
request.
Doctor Nolty: Honorable Mayor, Commissioners, during the
past two years the members of the Overall Tenants Advisory
Council City Housing Task Force Committee have made several
pleas to each of you to support the allocation of funds to
Dade County HUD to make needed physical improvements at
public housing developments within the City of Miami,
improvements that if funded, would serve to decrease the
fear that many elderly residents suffer daily within their
own homes. Thousands of our public housing residents
throughout the City live in a constant state of fear. For
example, residents of Robert King High Towers live in fear
of opening their doors day or night because the doors lack
peep holes. Residents of Liberty City, Allapattah and
Overtown fear going to bed at night because of inadequate
locks and the lack of security screens and the residents of
Newberg and Palm Towers Housing Complex fear going out or
coming home at night because of inadequate lighting around
their complexes. And the residents of the Little Havana
Housing Complex cannot enjoy the space around their housing
development because the lack of fencing allows for the
constant intrusion of muggers, vandals and delinquent
youths. Some of the deficiencies can be corrected through
the use of Community Development Funds and, therefore,
alleviate some of the fear we constantly face. But the City
and County's past positions for the use of C.D. Funds for
public housing in the City of Miami leave us with the old
Catch 22. The City says it can't spend the CD funds on
public housing because public housing is a County
responsibility. The County says it can't spend its CD funds
on public housing in the City of Miami because the City gets
its own CD funds. Now, both of these positions do have
RT 9 March 21, 1985
ot f
merit and, therefore, it is our position at this time that
both the City and County allocate $2509000 from the
respective Community Development Budgets to undertake some
of the much needed improvements that we have outlined in the
materials that we have forwarded to you. I might add that
we have stated to you on several occasions that these funds,
if allocated, will not be used for things like salaries,
painting, routine repairs, that sort of thing but they will
be used to correct those deficiencies within and around the
residents' homes that serve to create a constant climate of
fear.
Mayor Ferre: Now, Doctor Nolty, when you and I met and the
group met, and I know you met with Miller Dawkins and I know
that Mel Adams met with Demetrio, and I don't know, J. L.
whether you met with them. But let me say to you that when
I talked to you my conditions for considering this, and I
think you have met them, were threefold: (1) That whatever
moneys are expended are totally within the boundaries of the
City of Miami. I don't want this going to some other place
outside of the City.
Dr. Nolty: That is correct, and I gave you my word on that.
Mayor Ferre: That's acceptable to me but we also want to
have a list of where the money is being expended and we have
to have a right of final approval as to where the moneys are
being spent, the Department does, it doesn't have to come up
before the Commission. That is one. The second condition
is that the expenditures be done with the tri-ethnic idea in
mid. We've got white, black, Spanigh and English speaking
and I want to make sure that no one segment gets, everybody
is going to get their fair share.
Dr. Nolty: That's right. That's one thing that we
discussed.
Mayor Ferre: I don't want it all going into Little Havana
or the black community or what have you. We have to have a
balance as to how the moneys are expended. (3) None of
these moneys can be expended for anything other than
physical things. I don't want money going to bring in a
singer to entertain or for administrative expenses and that
kind of a thing. And (4) that the County match the City
which you have covered which is this theory that well, you
know, the City gets money and the County gets money and the
City should spend its money in the City and the County can
do it outside the City is not acceptable. Now, I see that
Mel has accepted that and as far as I'm concerned I think
that meets, I'm speaking only for myself, now the rest of
the Commission can speak.
Dr. Nolty: What I was going to ask you was that if you
gentlemen would direct the City Manager to allocate $250,000
of this year's Community Development budget to undertake
those specific improvements which we have discussed in
public housing within the City of Miami provided that an
equal amount of C. D. Funding is made available by Dade
County for the same purpose which covers just what you were
talking about, Mr. Mayor.
Mr. Dawkins: Okay, when we - I'd have to ask J. L. or the
Mayor - when we gave HUD the right to manage or operate the
housing, didn't we also give them, for the lack of a better
word, veto power over any suggestions we might make?
Mr. Plummer: Sure.
Mr. Dawkins: Now we've been through this and I want to make
sure we're all on the s we wave length. Okay?
RT 10 March 21, 1985
0 0
Dr. Nolty: Yes, this is what we talked about.
Mr. Dawkins: Now Mel Adams said that we had housing in the
City of Miami that needed rehabilitation in order to make it
liveable. Okay? Now, that's what Mel Adams .... Wait a
minute, I've got to let you know what Mel Adams said. Okay?
So I told Mel Adams, fine, I'm in favor of it because you've
got some houses that have been out there 60 years, public
housing. Now, when you come in you said that we want to
make present housing safe.
Dr. Nolty: Save and secure, precisely.
Mr. Dawkins: So now, when this Commission gives Mel Adams
$250,000 and Mel Adams decides to rehab housing there is
nothing we can do.
Dr. Nolty: But the O.T.A.C. can do. We can do.
Mr. Dawkins: Now, once we give the $250,000 don't come back
and tell us, hey, look, they're not putting safety locks and
guards on these doors, what they are doing is putting in
windows and other energy saving devices to lower peoples'
rent and light and what have you. So that's a hassle that
I'm going to get into.
Dr. Nolty: Well, this is what we spoke of, as you know,
when we talked with you. This was also our concern and we
asked, the very first thing we did when we undertook this
project, was to get the assurance that we as OTAC? would
oversee where these things go because we are the people who
are giving our word. You know in the past I have spoken,
you know my word is good. It is part of the record.
Mr. Perez: I think that you have a formal proposition here
about the security improvement needs.
Dr. Nolty: That is correct.
Mr. Perez: Where you describe all the buildings that are
needed. I met with Mel Adams also on this issue and I had
the opportunity to meet with this group and I think that the
City has to take a strong action in this direction but I
think we have a lack of communication with this group. I
was in the last three or four months in different buildings
and they are requesting several issues first, more police
protection and I mentioned to you that police protection or
security guards are an important issue but Mel Adams told me
that security guards do not classify for this kind of
project. I would like one issue to present a motion to
instruct the City administration to call the Police
Department in order to give us a report about the security
needs for all the public housing buildings in the area of
the City of Miami and also I would like to present another
motion to approve the motion or the request ....
Mayor Ferre: Let's do one at a time. What is your first
motion?
Mr. Perez: To instruct the City administration to request
an urgent report from the Miami Police Department in order
to identify what are the needs of security protection in all
the public housing buildings in the area of the City of
Miami.
Mayor Ferre: In other words you want a professional
evaluation from the Police Department.
RT 11 March 210 1985
nnmm�
Dr. Nolty: Do you want them to take the listings that we
gave you of what we hope to do?
Mayor Ferre: He wants the Police Department's viewpoint,
obviously question people as to what the security needs are
in all these different places.
Dr. Nolty: That is no problem at all, Mr. Mayor,
Commissioner.
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION NO. 85-228
A MOTION INSTRUCTING THE CITY MANAGER TO
REQUEST THE POLICE DEPARTMENT TO GIVE THE
CITY COMMISSION A REPORT OF THE EXISTING
i
SECURITY NEEDS IN PUBLIC HOUSING FACILITIES.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Mr. Perez: The second motion is to instruct the City
Manager to allocate $250,000 in Community Development funds
for hardware security improvements at public housing
developments within the City of Miami limits contingent upon
an equal amount in funding from Dade County.
Mayor Ferre: Would you add to that, provided that the usage
of these moneys be balanced throughout the community.
}
1
Mr. Perez: Yes, and be approved by this Commission before.
Mayor Ferre: Do you want to bring it to the Commission?
Mr. Perez: Yes, because I think before we start this
project this Commission deserves the opportunity to announce
in cooperation with your group and with Dade County
government but to make a public announcement in this
E
building of what we are going to do in order that first they
know that we don't have any legal responsibility in this
. }
issue but we are going to act on a moral basis and we are
trying to be sensitive to these needs. That is the motion I
(.
would like to present.
Mayor Ferre: Is there a second to that motion?
i,
Mr. Plummer: Second.
t.
r,
Mayor Ferre: Further discussion?
Mr. Dawkins: Under discussion, is there $250,000 in C.D.
E
funds available now?
Mr. Frank Castaneda: Presently we are preparing the
+'
C.D.B.G. recommendations to be coming to the Commission on
April 11th, at that time there will be a public hearing and
there is a proposal from them for $250,000 for Community
Development. If you are going to pass this motion, I would
suggest to clarify that the $250,000 matched by Metropolitan
i
RT 12 March 21, 1985
Cj
Dade County is for expenditure within the City of Miami not
for Metropolitan Dade County.
Mayor Ferre: Clarify that again, I didn't get that.
Mr. Castaneda: What they are saying is that Metropolitan
Dade County will match $250,000 for public housing
improvements. That $250,000 match conceivably could be used
in the unincorporated areas and our $250,000 in the City of
Miami and I want to make sure that that is the case....
Mayor Ferre: No, this is $250,000 from the city, $250,000
from Metro and it must be spent in the City of Miami. Oh,
yes. See, the way I look at it, and I've got to tell you
practically, we weren't getting ... Do you know what you
got in the City of Miami from Metropolitan Dade County?
Zero. Okay? Because they kept saying go to the City of
Miami. .And we say that is not our responsibility, you go to
Metro and what in effect we're doing is yes, we're putting
up $250,000 but we're getting $250,000 from Metro that we
didn't have before and we're making them live up to their
responsibility even though it is costing us $250,000. But
to you, ma'am, since you and I had an argument about this
three years ago, as you well remember, and I remember too, I
want to tell you, Miss Hines, that we understand you and I'm
glad we're coming to a conclusion on this. But I want to
tell you that I maintain and continue to maintain that the
City of Miami turned over to Metropolitan Dade County 7,000
good housing units and we didn't charge a cent. We said
here you are, Metro, here is our housing. We gave Metro our
housing. Now, to this day Metro has yet to match the City
of Miami because, as you know, there are only 12,000 units
and Marty Fine.
Dr. Nolty: There are 6,000 units in the City.
Mayor Ferre: And Marty Fine who used to be the Chairman of
our Housing Authority, when we turned it over and Haley
!!
Sofgee was retained as the Director, we turned over 7,000
`
units, there are now 12,000 units. So since then, and this
is in no way critical of Mel Adams who in my opinion is
absolutely the best, we re very fortunate to have Mel. Adams,
he has been a God send. You couldn't have anybody better
i
than Mel Adams. Metropolitan Dade County in its tenure, and
it has been a good 15 years, has built 5,000 units. We
turned over 7,000. When we turned over 7,000 units, we said
take care of the needs of the people of Miami and we're
turning it over to you. Now, I say to you and I say to
— !
Metropolitan Dade County it is the responsibility of
i!
Metropolitan Dade county. I know the Miami Herald doesn't
want to deal with it because anything that has to do with
Metro they keep quiet about and when it has the smallest
little rip in the City of Miami they put all of the spot
lights and write 20 articles and 10 editorials and put
special investigators on it. The fact is that it is the
responsibility of Metropolitan Dade County period. Now
we're doing this, at least I'm voting for it because I think
the people who live in those residences, of which there are
6,000 within the boundaries of the City of Miami, are in
i;
i
need and we cannot look ascanee and, therefore, we're going
i
r�
F
E'
S '
i
ahead with this.
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION NO. 85-229
.i
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$250,000 FROM CURRENT COMMUNITY DEVELOPMENT
FUNDS PURSUANT TO A REQUEST MADE BY THE
TENANT COUNCIL OF PUBLIC FACILITIES IN AN
EFFORT TO ALLEVIATE CURRENT CRIME AND
SECURITY NEEDS EXISTING IN THESE UNITS;
PROVIDED, HOWEVER:
(1) THAT ALL MONIES ARE TO BE SPENT WITHIN
THE CITY OF MIAMI AND THAT THE AREAS BE
IDENTIFIED;
( 2 ) THAT THE EXPENSE OF MONIES BE MADE ON A
TRI-ETHNIC BASIS IN ORDER THAT ALL
j
FACETS OF THE COMMUNITY RECEIVE THEIR
FAIR SHARE;
(3) THAT NO FUNDS SHALL BE FOR ANY OTHER
PURPOSE THAN TO INSTALL PHYSICAL THINGS;
(4) THAT THE GRANTING OF THESE FUNDS BE
CONDITIONED UPON DADE COUNTY GRANTING
THE SAME AMOUNT.
j
Upon being seconded by Commissioner Plummer, the motion
y
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
4
i
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
�t
Mayor Ferre: Yes, ma'am, Doctor?
?'
Dr. Nolty: I have nothing more, we are perfectly in
agreement with what you said.
Mayor Ferre: I wasn't expecting a speech, all I was
expecting was a thank you.
,i
Dr. Nolty: Oh, I am going to do that.
,i
Mayor Ferre: All right, Mrs. Hines, Dr. Nolty, yes, sir.
(INAUDIBLE COMMENTS FROM AUDIENCE)
i
Mayor Ferre: We have now voted and we have agreed that we
do not have the money. You want to say something else. All
i.
right.
Dr. Nolty: I have nothing to do with this, Mr. Mayor.
f;+
(INAUDIBLE COMMENTS FROM AUDIENCE)
Mayor Ferre: Sit down, please.
(INAUDIBLE COMMENTS FROM AUDIENCE)
Dr. Nolty: Mr. Mayor and Commissioners, on behalf of all
.;
the people in public housing in the City of Miami, I would
like to thank you for letting us come here tonight. We
xI,
appreciate it very much.
r9j
,a
RT 14 March 21, 1985
Mayor Ferre: All right ladies and gentlemen, thank you very
much. We are finished with this item and thank you for your
patience.
6. PRINCE CONCERT I■ THE ORANGE BOWL: REQUEST PROMOTERS
AGAIN TO CONSIDER CHANGING DATE.
Mr. Plummer: Mr. Mayor, the only item I have is what I had
indicated I would be bringing up this morning in reference
to the Prince concert. We have seen a great deal of
concern, we have had people speaking on both sides. Very
simply, Mr. Mayor, I would like to offer a resolution this
morning urging the promoters to be aware of the community
concern and ask them once again to reconsider the
possibility of changing the dates predicated on that
community concern. That is the essence of my resolution, we
understand that we cannot legally go any further or any
stronger, but all we are doing is making them on notice that
there has been an expression of community concern and we
want them to know of that concern and in such hopefully they
might want to reconsider a change of dates. I offer that in
the form of a resolution. ... Simply, we urge the promoters
to be aware of the community concern that has been expressed
to this Commission on a number of occasions and hopefully
they would reconsider the possibility of changing the date.
Mayor Ferre: All right, is there a second? Further
discussion? Go ahead.
Mr. Dawkins: I'd second the motion in order to discuss it.
You know, every time somebody out there feels that their
rights have been denied they take it out on the Commission
but those individuals never stop to think that when you deny
me my right then I deny you your right. And by the same
token, those individuals desirous of not having the Prince
Concert on Sunday and say we violate your rights by doing
so, we also violate the rights of the individuals who want
to go. So it is time - this is America, this is not no to-
talitarian government where you can't, somebody puts on
something and you must go. You don't have to go to anything
that you pay to go to. This is a paid affair and anybody in
the City of Miami desirous of not going, they must go. Now,
I'm going to go on record telling everybody in the City of
Miami I'm going to do all that I can to save the Orange
Bowl. The only way I can save the Orange Bowl is by
presenting affairs that raise revenue. And by having this
affair in the Orange Bowl, it will raise revenue and it will
continue us to have an Orange Bowl in which we can stage
affairs like this and, therefore, I too feel that it should
go on.
Mayor Ferre: I'd like to make a statement at this time
regarding this issue because it is a lot more involved than
just whether or not this concert is held on Sunday or
Monday. In the first place, let me say that I personally,
with Cesar Odio and Mr. Ross and other members of the
promoting team called Mr. Dennis Heffernen in California who
is the individual that is promoting this project and I
specifically asked Mr. Heffernen, "Will you move the date
from Easter Sunday to Monday?" Mr. Heffernen told me that
under no circumstances would the date be moved, period. He
said that they could not afford it and it could not be done.
I then talked to out City Attorney and our City Attorney, as
I understand the legal position, has stated that there is a
Constitutional issue involved here and that is we cannot
RT 15 March 21, 1985
0 0
deny a private sector from using this property and there is
no going around the Constitutional issue. Thirdly, there is
a legal issue because this Commission passed a resolution
and that, in effect, is a basic legal posture that we have
taken and if we breech that, obviously we would be subject
to a lawsuit. But I think there is a more important issue
involved in this. And the issue is from Bangor, Maine to
Seattle, Washington to San Diego, that every major American
city, Easter weekend is a major weekend for concerts, rock
concerts and otherwise. Every major American city has major
rock concerts. Now, Prince along with Michael Jackson, as
everybody knows, is up at the top of the popularity of
performing artists in the United States. I think it would
be a very ironic situation for us to be totally different
from any other American community where these rock concerts
are accepted. Now, the question comes as to the moral
aspects of it and I want to say that I personally am
offended by some of the songs that Prince sings. The
language, the gestures, the implications are offensive to
me, I don't like them. I don't like this thing of bringing
in a young kid from the audience and playing around with his
zipper or something like that, I mean the implication of
that is clear. And I think it is offensive and I don't like
it but I want to say to this community that last year here
is what we had here: Boy George and last Easter Sunday Boy
George played in Miami and I don't know what you want to
call Boy George and I don't know what he calls himself, some
people say it is transvestite, some people say that no he
just sexually ambivalent (whatever that means), some people
say that it really doesn't really matter. Now, here is the
cover and here is the back of his album and in this album he
has obviously devils burning in hell - they all look female
to me but they have Stars of David and Crosses and Dollar
symbols which they are burning. And talking about demonic
and about symbolism and about what these things mean, I
don't think there is anything that is more symbolic in the
negative sense than Boy George. I didn't hear anybody
protest last year on Easter Sunday. I didn't hear anybody
protest Michael Jackson. I didn't hear anybody protest Bob
Sieger. I didn't hear anybody protest Toto who is also
going to be here Easter Sunday, and so the point is that I
think these things all have to be taken in balance. Now, I
personally am opposed but I don't think that I can put my
moral values as a practicing member of the Catholic Church
on this community and that brings up a related item. These
are the letters that my office has received, about half of
the letters that I have received with regards to the play
"Sister Mary Ignatius Explains It All For You". I bring
this up because I think there is an important aspect of
this. I have read, I have been sent copies of the play, I
have read it. Last night I stayed up late reading all this
stuff: What's wrong with "Sister Mary Ignatius"by Michael
Schwartz who is Director of Public Affairs of the Catholic
League of Religious and Civic Civil Rights. "Sister Mary
Ignatius"was condemned by several major entities in our
nation such as the National Conference of Christians and
Jews, the Anti -Defamation League of B'Nai B'rith and others
as being religious, that is against religion and that it is
blatantly anti-Catholic. Now, I received, and I am sure all
of you have received letters pro and against. This is the
letter I have received in favor and I want to read it into
the record because it is the opposite of these even though
it is only one. Dear Mr. Ferre, I am neither interested in
your endorsements or denouncements concerning the theater or
any other art form. It is obvious that your tactics are
cheap and easy for you to draw voter support along with
religious dogma. Keep your personal religious opinions out
of our City government. Sincerely Jeffrey R. Anthony, 3226
Mary Street, Miami, Florida. That is the sole letter that I
got on that side. These are the letters along with these
RT 16 March 21, 1985
that I have received against "Sister Mary Ignacius"but there
is something that is very bothersome about these letters. I
have read at least 50 or 60 of them and what is bothersome
is this: They follow a format. These letters were written
by a parish priest and by members of the Catholic Church, my
church, I'm a Catholic. And the Catholic Church has a right
to send letters to their religious groups, and the
Archbishop did send a letter. I want to put that letter
i
into the record because I think it is a very pertinent and
germane letter on this issue and I am not in any way denying
the Archbishop or my good friend Father Connley or anybody
in the Catholic Church the right to lobby me, to pressure me
to do whatever they think is appropriate to impress upon us
the need. Some of these letters, for example, here is one,
St. Michael the Archangel Church on Flagler Street and my
friend Father JosO§ Pas has written an endorsement. They
have asked for pressures to be placed upon this Commission.
They have asked that members of their parishes flood City
Hall with messages. That is acceptable, they say that.
Now, I'm looking for the copy... I've misplaced it and I
apologize. Oh, here it is. This is the Archbishop's
letter. Reverend and Dear Father, and this was the fourth
Sunday of Lent, March 17th. Some Catholics feel there is
not enough stress today on Hell, punishment, too much love,
forgiveness, etc. Today Jesus warns us that the possibility
of eternal condemnation. As Lent goes by, we are called to
be serious about our need for forgiveness. Please let the
Mayor and the City Commissioners of Miami know we want them
to do as our other major USA cities have done, cancel the
performance in City -owned facilities. We want legislators
of conviction, not picketing finanbolists. They want
legislators of conviction, not picketing finanbolists. Now,
the only city that has canceled Sister Mary Ignacius, that I
am aware of, is Saratoga, hardly a major American city.
There is, in a lot of these letters, the mistaken statement
that it was canceled in Boston - that is not so. What
-
occurred in Boston was that the Mayor picketed Sister Mary
'
Ignacius. That is different. I want to say publicly that I
have no objections, and I would picket Sister Mary Ignatius.
-
I think I have a right to do that. I have read Sister Mary
Ignacius, it is offensive. There is absolutely no question
about it. It is just as offensive to Catholics as an anti-
Semitic play would be offensive to Jews. And I want to say
that if there was a play that dealt with Judaism or Israel
_
in the way that this play deals with Christians and
Catholics I guarantee you there wouldn't be a Jew, there
wouldn't be a synagogue, there wouldn't be a rabbi that
wouldn't be protesting this and I would be with them
protesting it because there is no room in America for anti-
semitism but there is no room either for racism nor is there
room for anti-Catholocism and that is why the B'Nai B'rith
and the Anti -Defamation League and that is why the National
Conference of Christians and Jews have, along with the
Catholics gone on solidarity against this play. The
ti
question, however, comes up as to whether or not we as
Commissioners or we as an official body, the City of Miami
Commission can act on this issue. I think there is a basic
question here. What we did was we denounced. Now, Michael
Putney, and I don't know whether he is here today, said we
have no right to denounce as an official body. I disagree
s,
with that. This Commission, as the Legislature in
Tallahassee can vote against racism, it can vote against the
PLO, it can denounce anything that we want to denounce if we
think it is the wrong thing, and we have in the past as a
legislative body. Now, that is quite different from
canceling the presentation of Sister Mary Ignatius. Now, my
- i
position with Prince is absolutely the same. I don't like
x
what Prince represents, I don't like the words and the songs
and the gestures in his music but I don't think we, even
j
though I condemn it personally and as a human being and as
RT
17 March 21, 1985
4
an American citizen and as a Catholic I resent it but I
don't think that I've got the legal right, and I think our
City Attorney has told us we do not have the Constitutional
right to deny them the use of that public facility. Now,
there is one more issue that I want to deal with that I
think is related. That has to do with the statement by some
that I am contradicting my position on pornography on cable
television and I want to make very sure the record reflects
the difference. In the case of cable television, not only
are we giving a facility, in this case, our streets like the
Orange Bowl is a facility or like the Knight Center is a
facility, we are also granting a license. Now there, is a
major difference. And the second major difference is that
following the Supreme Court's mandate, we took this to the
electorate. That's what the Supreme Court says, you shall
establish in each community moral standards. So we went to
the people of Miami and we said, do you want to deal with
this issue? Now, the Miami Herald and the Miami News in
their typical biased fashion in their editorials totally
misconstrues the truth because they say that what we are
trying to do is censor. But the Supreme Court doesn't say
that and I would take the Supreme Court's word over the
Miami Herald or the Miami News Editorial Boards. The
Supreme Court says establish community acceptable standards
and that is what we did. We went to the electorate and the
people of Miami voted - 52% - that they wanted us to do what
we did. Now, the Miami News says, well, that is a very thin
margin, that is hardly a mandate. You know, I find it very
strange that the liberal view of Howard Kleinberg and Lou
Salome and others in the Miami News, whenever they win, even
if it is 50.2% they say fair is fair, we won. Whenever they
lose, and if it is only by 52%, they say well, that is
hardly a mandate, you know, they want to have it both ways.
When they talk about Steve Clark's victory they talk about
the landslide victory of Steve Clark. Steve Clark got 57%
of the vote last year. When the Miami Herald talks about my
election, they said Ferre barely survived. I got 56.8% of
the vote. Now, the difference between Steve Clark and I was
about, it is less than half a point difference. He won by a
f
landslide and I barely won. Now, that is the logic of the
Editorial Department of the Miami Herald and the Miami News
and they, in this case, again totally misunderstand that
there is a basic difference between the license and the
procedure that the City of Miami Commission used in
approaching pornography on cable television and this. Now,
to the Archbishop, my deepest respects and my sympathy, I'm
sorry that there is terrible offense taken in this and I
want to read this letter into the record so it is part of
this record. It reads: A play is being presented this week
in Miami which is an outrageous insult to Catholics and to
all religious people. It is entitled Sister Mary Ignatius
Explains it all to you. It is appearing in the Knight
Center, a theater owned by the City of Miami. It uses the
excuse that satire is an art form but it has been denounced
as bigotry by religious leaders of all major faiths and by
organizations such as the Anti -defamation League and the
National Conference of Christians and Jews. It has been
canceled in Saratoga and in Boston the Mayor joined pickets
against it. It presents Sister Ignatius as a cool religious
fanatic psychologically castrating her students and implies
that the sister represents Catholic education, Catholocism
and religion in general. It includes a pageant that is a
blasphemous presentation of the incarnation. Whenever a
distraught former pupil threatens to kill sister Ignatius
_
for the harm she has done but Sister whips out a gun and
shoots her dead. She also shoots a boy who had just gone to
confession exalting that she sent him to heaven. It is time
that Catholics and all religious people let it be known that
this community will not longer tolerate such commercial
..
insults that not only seriously offend a large growing
RT
March 21, 1985
segment of the community but divide it and undermine the
forces committed to preserving it from corruption and crime.
May I suggest that you ask your people to flood the offices
of the Mayor and the Commissioners of the City of Miami with
their strong expressions of protest. Devotedly yours in
Christ, Edward A. McCarthy, Archbishop of Miami. He is my
Archbishop, be has my highest respect, I respect him
individually and as a human being. I respect him because he
is the Archbishop of the Catholic Archdiocese of Miami. I
respect his right to do what he has done. I do feel, that
this is an important Constitutional issue. There are
important things involved here and I am sorry that there is
a misunderstanding. I join the Archbishop in condemning and
I think - in denouncing Sister Mary Ignatious Explains it
All For You. I have read the play, I read it last night, I
have read the Analysis of it, it is bigoted, it is biased,
it is offensive, it is as anti-Catholic as any anti-Semitic
piece is anti-semitic that I have seen in the last several
decades in this country and it is terrible and I don't think
it is the kind of thing that is offensive to a major segment
of this community including myself. However, I think there
is a Constitutional line which is important and I will be
voting with this motion as made but I think we need to
understand that there is a line and I think those who want
to always misinterpret or misunderstand things can do so but
I wanted to leave the record very very clear. My position
and I would hope the Commission's position, the City's
position is absolutely the same in "Sister Mary Ignatius
Explains It All For You" as it is in the Prince Concert
matter. And that is not inconsistent with the pornography
cable television position that we have taken in the past and
I am ready to vote. Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-230
A RESOLUTION URGING THE PROMOTERS OF THE
FORTHCOMING "PRINCE" CONCERT SCHEDULED FOR
EASTER SUNDAY TO ONCE AGAIN CONSIDER
CHANGING THE DATE OF THE CONCERT DUE TO THE
RELIGIOUS CONCERNS OF THE COMMUNITY.
(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
Commissioner
Commissioner
Mayor Maurice
NOES: None.
Miller J. Dawkins
J. L. Plummer, Jr.
Demetrio J. Perez, Jr.
A. Ferre
ABSENT: Vice -Mayor Joe Carollo
Mr. Dawkins: I'm voting yes and I want to go on record by
telling everybody I didn't go see Boy George, I will not go
see Prince nor did I go see Michael Jackson but I feel that
that is my right not to go and I will not deny others the
right. But if our constituency asks us to request, as
Commissioner Plummer did, that there be a change in the date
then I vote that we make that request.
RT
19
March 21, 1985
t
7. URGE PROMOTERS OF MISS UNIVERSE PAGEANT TO EXCLUDE SOUTH
AFRICA BECAUSE OF APARTHEID POLICIES, ETC.
------------------------------------------------------------
Mayor Ferre: On a related item, if I may, Miller, this
deals with South Africa. I have a letter here, this is a
related item, from the Armenian National Committee asking
the City of Miami Commission to join the Armenian National
Committee of Florida who they feel have a moral obligation
to this worldwide commemoration of the atrocities of
genocide committed in Armenia 70 years ago. Now, this
brings the issue again to the forefront and I think it is
important that we deal with it because not only as the City
of Miami Commission but as a community, as a city. I met
yesterday with H. T. Smith. H. T. Smith, rightfully so, in
my opinion, has an obsession. His obsession is apartheid in
South Africa. Now, when I was discussing this with him he
said apartheid is an abomination. I agree. We must protest
it. I agree. We must take action on it. I agree with
that. I said to him, if you go to walk down the streets of
Little Havana and stop any citizen and ask that person the
importance of the presence of communism in Nicaragua they,
and I think rightfully so, feel as strongly about that issue
as the black community feels about apartheid in South
Africa. Now, H. T. says to me, but you cannot on a moral
basis equate them. My answer to that is that depends on who
you asked. So, I ask my black brothers and sisters as I ask
my Hispanic brothers and sisters that there must be a deeper
understanding that these issues are all important and you
may not see the threat of communism in Nicaragua as equal to
the racism of South Africa but others see it as important.
Now, you ask an Armenian whether the issue of genocide 70
years ago in Armenia where over a million people were
slaughtered is important and whether that is more important
than South Africa and I'll guarantee you that the Armenians
will tell you that that is more important. If you ask an
average American Jew, if there is such a thing, whether or
not the issue of the PLO and the Palestinians in the Middle
East are important they would have a position on that. So
the question is does the City of Miami and does the
t.
Commission have an obligation to speak on these issues or
should we stay away from all that? Now, I don't see anybody
getting upset when Ed Koch goes to Israel and makes a speech
on top of a carrier where he denounces the PLO and the Arabs
that are dealing with Lebanon and refuses to go to Lebanon
on that basis. Nobody gets upset with that. And when
Harold Washington or Coleman Young make a speech denouncing
racism in South Africa and involving themselves in that
process, nobody gets upset. But when the City of Miami
Commission takes a position that is similar to that or takes
a position condemning the Marxist Leninist government of
Nicaragua or the human right violations of Cuba, then, of
' course,
Mayor Ferre: that is similar to that or takes a position
condemning the Marxist-Lenninist government of Nicaragua or
the human right violations of Cuba. Then, of course, the
Miami News and the Miami Herald and the whole liberal
community goes bananas around here. They, of course, draw
1 cartoons and they make mockery of the whole scene. But I
think that notwithstanding, we, in the Commission, have a
moral obligation to deal with the issue. Based on that, I
would like to my friend, H.T. Smith -and I'm sorry he is not
here- congratulate him for his tenacity, for his dedication,
for his courage. Let me say that thank God he stuck with
RT 20 March 21, 1985
VIK t
it. The first letter that I received was August 31, 1984.
There was one September 10th. You all have copies of it.
Then September 17th. Then he kept on going. There's one
September 25th. It got to a point where I figured it was
almost a daily letter from H.T. Smith about this.
------------------------------------------------------------
NOTE FOR THE RECORD: At this point Vanguard School 8th
grade government class was recognized.
------------------------------------------------------------
Mayor Ferre: I'm not going to take the Commission's time to
get into the issues, but let me put into the record that
yesterday, Cesar Odio wrote a letter to the president of
Miss Universe Inc., Mr. Honchar, where he stressed that the
City reiterates that we do not want the Miss South Africa to
take part of the Miss Universe Pageant of 1985. I asked the
City Attorney to research this legally for us. Her answer
is as follows:
"A research of the August 18th agreement between
the promoters of the 85 Miss Universe Pageant and
the Host Committee reveals nothing that would
allow the City to take legal action to prevent any
contestant from South Africa entering or
?
participating in the pageant. Moreover, the
agreement has one paragraph, which reads as
follows:
Item 14- Pageant shall not discriminate
against any pageant contestants for
applicants because of race, color,
religion, or national origin."
Now, nevertheless, I think the City, as I understand it, did
take a legal position, which reads as follows. I'm reading
now, Lucia, this M-84-948. Is that the resolution number?
Mr. Clerk?
Mrs. Dougherty: Yes, that's the motion number.
Mr. R. Ongie: Yes, that's the motion number.
Mayor Ferre: Is there a formal resolution that's been
f
passed on this?
!;
Mrs. Dougherty: I don't think so, no.
Mayor Ferre: So, therefore, we have taken this on a motion
but never memorialized it formally into a resolution, which
does not have the same legal standing. Therefore, based on
that, I would like to move the following: A resolution
urging the a promoters of the Miss Universe Pageant to
exclude from pageant participation any contestant from
South Africa because of the Apartheid and racist policies
followed by the government of South Africa. I. therefore,
move that.
t
Mr. Dawkins: Second.
Mr. Plummer: Motion understood? Any further discussion?
f
Hearing none, call the roll.
The following resolution was introduced by Mayor Ferre,
'
who moved its adoption:
's
�F
RESOLUTION- N0. 85 231
A RESOLUTION URGING THE PROMOTERS OF THE
N
MISS UNIVERSE PAGEANT TO EXCLUDE FROM
PAGEANT PARTICIPATION ANY CONTESTANT FROM
SOUTH AFRICA BECAUSE OF THE APARTHEID AND
E
RACIST POLICIES FOLLOWED BY THE GOVERNMENT
OF SOUTH AFRICA.
e�
s1
21
' March 21, 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
------------------------------------------------------------
8 EXPRESS CONCERN & CONDOLENCES TO THE ARMENIAN COMMUNITY
ON THE OCCASION OF THE 70TH OBSERVANCE OF GENOCIDE
COMMITTED IN ARMENIA
------------------------------------------------------------
Mayor Ferre: And to be consistent, I would now like to move
that the City of Miami join the Armenian National Committee
of Florida in their celebration of 70th anniversary of the
Genocide of Armenia. I so move.
Mr. Dawkins: Second.
Mr. Plummer: Any further discussion? Hearing none, call
the roll.
The following resolution was introduced by Mayor Ferre,
who moved its adoption:
RESOLUTION NO. 85-232
A RESOLUTION EXPRESSING CONCERN AND
EXTENDING CONDOLENCES AND SUPPORT TO THE
ARMENIAN NATIONAL COMMITTEE OF FLORIDA ON
THE OCCASION OF THE ANNUAL OBSERVANCE OF THE
GENOCIDE AND OTHER ATROCITIES IN ARMENIA 70
YEARS AGO.
(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
sl 22
March 219 1985
V
----------------------------------------------,
9. PRESENTATION OF ARTISTS WORK BY BOB KUTCHNBERG
Mayor Ferre: We have Bob Kuthcnberg here and as everybody
knows, he's a great Miamian and a great football player and
a man of great persistence himself. We're always honored
with his presence. Bob is one of those people who gives a
lot of his time helping others. He's always an
encouragement to me because he has less hair than I do and
his beard is grayer than I think mine would be if I grew
one, and so I feel young and vigorous every time I see Bob.
Mr. Bob Kuthcnberg: Thank you, Mayor, I'd just like to take
a moment out of your busy day, you and the Commissioners, to
be very excited about making a presentation as a citizen of
Miami that personally is very proud to be here. Having
worked for Don Shula for fifteen years, I've learned many
invaluable lessons. Foremost among are that true greatness
is never achieved without a struggle. Miami certainly has
its struggles, but only through our struggles we become
great. We are sitting in the crossroads of the western
hemisphere. We are on our way towards becoming a great
community. Success is a journey, not a destination. Miami
is more than the sand and sunny beaches. Its greatness lies
in its people, and it's with those sentiments that I present
to the City of Miami not only a beautiful print done by my
good friend, Jane Pennington, but I'd like to ask Jane to
say a few words about it, because it really talks
about ... points out all the things that are very prominent in
Miami and it comes at a time when certainly we are all very
happy to see something like this. Jane, would you like to
talk about it?
Mayor Ferre: Bob, turn it around so we can see it. That's
great!
Ms. Jane Pennington: Good morning, Mr. Mayor.
Mayor Ferre: They have you prominently there in the front.
Ms. Pennington: Of course!
Mayor Ferre: Jane has her preferences, just like we all do,
right?
Ms. Pennington: That's right, sir. This was conceived to
represent some of the aspects, of course not all, but some
of the aspects that make Miami hold a high profile
nationally and internationally. It was a pleasure to do it,
a special pleasure to do it in conjunction with Bob, and
it's a limited edition series. We hope that it hangs high
someplace in the Commission because I think when you read
the bottom, you'll see that it does stand for all the things
that you and the Commissioners and the people want to do
with this City.
Mayor Ferre: Jane, let me say that I have always thought of
you as a positive contributor to our community. We're very
proud and we're very happy to receive this. Let me tell you
that I thank you for the dedication and I promise you that I
will put it in the most prominent place in the Mayor's
office and it will stay there. We've very, very honored
that you dedicated this to me and to the City.
Ms. Pennington: I believe in this City as much as you do.
Mayor Ferre: Thank you. Won't you come up and join us in
the picture? Jane, it's around here.
Mr. Dawkins:
I sincerely
speeches for
seats up here.
Mr. Mayor, I'd like to say to Mr. Kuthcnberg,
hope that he was practicing his campaign
the state legislature, not for one of these
sl 23 March 21, 1985
t f
10 REFER TO CITY MANAGER: REQUEST FOR ADVERTISING I■ EBONY
MAGAZINE
Mayor Ferre: I'd like to recognize the people from Ebony at
this time, please. This is Mr. Thomas Dean, go ahead.
Mr. Thomas Dean: Mr. Mayor, members of the Miami City
Commission, we'd like to thank you for having us down here
today. We'd like to speak to you about an opportunity. We
feel that Ebony magazine in its readership can offer the
City of Miami. I'm here today with the vice-president of
sales of Ebony Magazine, Mr. Jeff Burns. He's going to say
a few words on behalf of Ebony Magazine and what its
readership can do for the City of Miami. So right now I'm
going to turn this over to Jeff Burns.
Mr. Jeff Burns: Thank you for the opportunity to address
the Commission. The first thing I'd like to do is start off
by quoting the Wall Street Journal's Thursday, February 28th
front page story, which stated that vacation travel is
surging among Black consumers and that most national
advertisers are presently seeking the Black consumer dollar
to increase travel and consumer business for tourism. Ebony
Magazine is currently in its 40th anniversary year. We feel
that we can bring business to the greater Miami area for
both consumer travel and also convention business as well.
To that end, we'd like to recommend that the City of Miami
consider Ebony Magazine as an advertising vehicle commencing
with our May issue, which highlights the 100 most
influential Blacks in America. To that end we are willing
to do a special mailing for the City of Miami to the heads
of the major Black fraternal organizations, sororities, and
associations across the country inviting them to bring their
convention business to the City of Miami. In addition, we
would also like to suggest....
Mayor Ferre: I tell you, if you'll forgive me, but somebody
just told me that they have to catch a plane. They have to
make a presentation here. We need to move along, so as I
understand it, on the ad that we took in Jet Magazine, we
had over a 100 written inquiries from Blacks. We received
25 calls on the 800 number in response to the ad since it
came out last week. So, I might point out that it obviously
had impact. I think that the thing to do here is for us to
ask the City Manager to deal with this in the administration
and they will come back with a recommendation one way or the
other by the next meeting, which is before the March 30th
deadline. We're not going to take a decision today, is the
point. We're going to ask the administration to recommend
to us a direction. Do you want to memorialize that somehow?
Mr. Plummer: So move.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
sl
24 March 21, 1985
is
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner
1 Plummer, who moved its adoption:
MOTION NO. 85-233
A MOTION REFERRING A REQUEST BY A
REPRESENTATIVE OF EBONY MAGAZINE REQUESTING
THAT THE CITY OF MIAMI ADVERTISE IN THEIR
MAGAZINE FOR TOURIST PROMOTION AND FURTHER
REQUESTING THE CITY MANAGER TO MEET WITH THE
MAGAZINE REPRESENTATIVES AND COME BACK WITH
HIS RECOMMENDATION BY THE NEXT MEETING OF
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 J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
i
ABSENT: Vice -Mayor Joe Carollo
11 EXPRESS FULL SUPPORT BY Q.S. CONGRESS FOR PASSAGE OF
HOUSE BILL 23 RODINO BILL FOR CHANGE IN CUBAN/HAITIAN
ENTRANT PROGRAM
Mayor Ferre: The next speaker is Monsignor Brian Walsh and
Reverend John Powers have requested the City Commission to
pass a resolution supporting the H.R. Bill 23, which permits
certain Cuban and Haitian nationals to adjust their
immigration status to that of a permanent resident alien.
It is also known as the Rodino Bill. Is there a
representative here who wishes to speak on this issue?
Mr. Cesar Odio: Mr. Michael Meyers from Church World
Services is here. What he urges you to do is to pass a
resolution and to reach out to Paula Hawkins especially and
our delegation to support this bill, which is an adjustment
act for the Cuban entrants and for the Haitian entrants; it
gives equality to both.
Mayor Ferre: Cesar, you've had a lot of experience in this.
I assume that you're in favor of this personally.
Mr. Odio: Definitely, sir, I felt that when the Cubans were
adjusted that they left out the Haitians and that the
Haitians that arrived here before 1982 have the same rights
to become residents of the United States.
Mayor Ferre: The Church World Service, of course, and the
National Coalition of Haitian Refugees and the Miami
Reverend Ministeries of the United Methodist Church, along
with the Catholic Church, and just about every other
religious group that we can think of is strongly in support
of this. Is that correct?
UNIDENTIFIED SPEAKER: That is correct, sir.
sl 25 March 21, 1985
r r
k
Mayor Ferre: Is there anything else that you want to add to
this?
UNIDENTIFIED SPEAKER: Well, it also enjoys the support of
several liberties groups, several rights groups, such as the
NAACP, trade unions, so that the support is bi-partisan;
it's wide spread.
Mayor Ferre: You forgot Dante Fascell and Claude Pepper.
UNIDENTIFIED SPEAKER: That's correct.
Mayor Ferre: And Congressman Smith and Lehman.
UNIDENTIFIED SPEAKER: That's correct.
Mayor Ferre: I would hope that we could include Senator
Paula Hawkins in that list too.
UNIDENTIFIED SPEAKER: As well as Senator Chiles.
Mayor Ferre: As well as Senator Chiles. Does somebody want
to make a motion?
Mr. Dawkins: Move it.
Mayor Ferre: Dawkins moves. Plummer seconds that the City
Commission go on record supporting H.R. 23 of the 99th
Congress in its first session, also known as the Rodino
Bill. Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-234
A RESOLUTION EXPRESSING FULL SUPPORT OF
PASSAGE BY THE U.S. CONGRESS OF HOUSE
BILL-23, ALSO KNOWN AS THE RODINO BILL,
WHICH PROVIDES FOR A CHANGE IN THE
CUBAN/HAITIAN ENTRANT PROGRAM, THEREBY
RECOGNIZING THE RIGHTS OF THOSE ALIENS
TO EVENTUALLY ACHIEVE PERMANENT RESIDENT
ALIEN STATUS; DIRECTING THE CITY CLERK
TO FORWARD A COPY OF THIS RESOLUTION TO
THE WITHIN NAMED OFFICIALS.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
sl 26
March 21, 1985
r
12 APPOINT COMMISSIONER PLUMMER TO INVESTIGATE POSSIBILITY
OF SISTER CITY STATUS FOR PUERTO PLATA, DOMINICAN
REPUBLIC FOR POSSIBLE TRANSFER OF SOME SURPLUS
EQUIPMENT.
Mayor Ferre: Mr. Ray Bueno, Major of the Fire Department of
Puerto Plata, the Dominican Republic, requests that the City
of Miami donate fire equipment to Puerto Plata Fire
Department. I recognize the Major...le doy una muy cordial
bienvenida.
Mr. Ray Bueno: Muchas gracias, muehas gracias. First of
all, I'd like to say that my last two years I have been
living in the Puerto Plata City, Dominican Republic. I work
for the Fire Department and Civil Defense. This is a
tourist place; there are so many tourists in this area,
American citizens. As an American, I was really concerned
about the problem in this area that we have no equipment, in
case of emergency, to rehabilitate any emergency or any
tourist in this area. I'm here to request help to this
City.
Mayor Ferre: Let me do this. The City of Miami has a
format that we follow. That is that we give preference of
all our equipment to sister cities. As a matter of fact,
the City of Miami does not have a sister city in the
Dominican Republic, even though we've been very helpful,
along with Metropolitan Dade County, in assisting the
capital, Santo Domingo. However, I think it would be
appropriate for us to consider...I would like to move that
Commissioner Plummer be selected as a committee of one to
investigate the possibilities of establishing a sister
f relationship with Puerto Plata or with any other Dominican
y City that he might recommend and that after proper
investigation, he report back to the Commission; then we can
deal with the issue of surplus fire equipment.
3
Mr. Bueno: Thank you very much.
j, Mayor Ferre: There's Commissioner Plummer. You need to sit
f_ down and make an appointment with him to talk to him and
perhaps invite him to see what the problem is and report
back to us. I so move.
Mr. Bueno: Thank you very much.
Mayor Ferre: Plummer, you're chairing this.
Mr. Plummer: Motion understood? Any further discussion?
Call the roll.
Mayor Ferre: Wait, you didn't get a second.
Mr. Plummer: I'm sorry. Did you second the motion?
sl
27
March 21, 1985
i
Mr. Dawkins: Yes, sir.
Mr. Plummer: Motion understood? Call the roll.
j The following motion Was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 85-235
A MOTION TO REFER A REQUEST MADE FOR
DONATION OF SURPLUS FIRE EQUIPMENT TO
PUERTO PLATA, DOMINICAN REPUBLIC, TO THE
CITY MANAGER FOR STUDY; FURTHER
APPOINTING COMMISSIONER J.L. PLUMMER AS
A COMMITTEE OF ONE TO INVESTIGATE THE
POSSIBILITY OF THE ESTABLISHMENT OF
PUERTO PLATA AS A SISTER CITY TO THE
CITY OF MIAMI TO FACILITATE THE TRANSFER
OF SURPLUS EQUIPMENT IN THE FUTURE.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
----------
13 GRANT PERMISSION FOR FIREWORKS IN CONNECTION WITH
OPENING OF NEW CENTRAL LIBRARY
I: ------------------------------------------------------------
:< Mayor Ferre: We have a request by Helen Muir. Where is the
is request? A letter has been given to the Manager. J.L., we
need your motion on this. Plummer moves that the request by
?, the Library Board have fireworks to celebrate the what?
Mr. Plummer: Where and how long do they want the waiver,
until what time? Subject to the administration's approval,
I move.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call
the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-236
A MOTION GRANTING A REQUEST MADE BY
REPRESENTATIVES OF THE LIBRARY BOARD FOR
A FIREWORKS DISPLAY IN COMMEMORATION OF
THE OPENING OF THE NEW MAIN CENTRAL
LIBRARY.
Upon being seconded by Commissioner Dawkins , the
motion was passed and adopted by the following vote-
sl 28 March 21, 1985
!•
i
i
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
14 ALLOCATE $259000 LAY ENFORCEMENT TRUST FUND - CLERICAL
SUPPORT PERSON, POLICE DEPT. LEGAL UNIT ETC.
------------------------------------------------------------
Mayor Ferre: The Law Department is requesting $25,000 to
cover the necessary wages and employee benefit expenses
associated with the employment of a clerical support person
to be assigned to the Police Department Legal Unit. Is
there a motion?
Mr. Perez: Move.
Mayor Ferre: Moved by Demetrio Perez. Seconded by Dawkins.
Here's the resolution. Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-237 -
A RESOLUTION ALLOCATING FUNDS IN AN AMOUNT
NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS
($259000) FROM THE CITY OF MIAMI LAW -
ENFORCEMENT TRUST FUND TO COVER NECESSARY
WAGES AND EMPLOYEE BENEFIT EXPENSES
ASSOCIATED WITH THE EMPLOYMENT OF A CLERICAL
{
SUPPORT PERSON TO BE ASSIGNED TO THE POLICE
DEPARTMENT LEGAL UNIT; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE HUMAN RESOURCES E'
'
DEPARTMENT TO EMPLOY SUCH A PERSON.
i
(Here follows body of resolution, omitted here
j
and on file in the Office of the City Clerk.)
I
Upon being seconded by Commissioner Dawkins, the
{i
resolution was passed and adopted by the following vote- €
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre `
a„
t
1h
NOES: None.
F
ABSENT: Commissioner J.L. Plummer, Jr.
Vice -Mayor Joe Carollo
----------------------------------- ---------- ---------------
15 DISCUSSION OF CONTINUING PROBLEMS IN MIAMI DESIGN
DISTRICT SUCH AS POLICE, TRASH AND SCHEDULED
IMPROVEMENTS. (TO BE DISCUSSED FURTHER 3-28)
'-
------------------------- ---------------------- -------------
Mayor Ferre: Jean Whipple, the Chair recognizes you.
;4•.
sl 29 March 21, 1985
Mi
f r
Ms. Jean Whipple: My name is Jean Whipple. I live at 2621
Natoma Street, Coconut Grove. I wrote this letter because
this is about the Miami Design District. I wrote this
letter because I wanted to find out what was happening with
'! these different items.
Mayor Ferre: Forget the letter and just tell us
specifically what your concern is for the Miami Design
District. Tell us about the competition of the Dania.
There is a big fair being built.
Ms. Whipple: Yes, there is a large design center being
built in Dania.
Mayor Ferre: They're competing with Miami and they are
taking business away from us.
Ms. Whipple: Yes, they're taking a lot of business away.
Mayor Ferre: Now tell us what the problem is.
Ms. Whipple: Every day another one signs up to go to Dania.
We're losing them in the Miami Design District. We are
building new buildings there, but we need a lot of help. We
need the help of things that were passed a few years ago.
We had a major improvement plan, $600,000 passed. Nothing
has been done on that yet.
Mayor Ferre: I don't understand that. What's this $600,000
improvement plan?
Ms. Whipple: The $600,000 major improvement plan that maybe
some of the staff can explain.
Mayor Ferre: See, this is why I am concerned. Evidently,
the City Commission passed a $600,000 major improvement plan
two years ago. If we can have some visible trucks on the
streets, Jean, I'm sure some of the business contemplating
Dania would take heart and agree to stay in Miami. The
signage program has also approved two years ago, it is
extremely important that these be erected immediately. The
special tax district has been approved by the City and now
will go before the county Commission. This should be
watched carefully. The question that I have, Mr. Manager,
is that as I remember this Commission, and Miller, you've
been here and Demetrio was here, and J.L., we were all here.
Charlotte, I see you walking in, we passed two years ago a
whole bunch of resolutions to go out and spend a half a
million dollars out there, get signage and all these things.
The question is to you, Charlotte, what is the City ... what's
going on? I mean are we moving along on this or this thing
stalled, or is the county holding it up, or where do we
stand on this whole issue?
Ms. Charlotte Gallogly: Mayor Ferre, this effort involves
obviously, a number of City departments. We just go through
the things in the current status of everything.
Mayor Ferre: Can I begin backwards, Charlotte, and ask you
to give me the bottom line? Are we, in your opinion, are we
moving along satisfactorily in solving these problems?
Ms. Gallogly: I think that we could improve in that area.
Mayor Ferre: I'm not trying to blame anybody on this. The
purpose of this is not to start blaming the former manager,
or you, or anybody else. I just want to see how from here
we move forward. What do we need to do to get this thing
moving?
r sI 30 March 21, 1985
,r r
'C
4;
i
i Ms. Gallogly: Basically, we need to come to some final
decisions on what the improvement plan would be for the
j expenditure of the $600. There have been a number of
meetings. We are waiting for the actual plans to be
developed at this point.
Mayor Ferre: Who is sitting on the plans?.
Ms. Gallogly: I would rather just say to you that we will
get together and we will have a plan together next week.
Mr. Dawkins: No, no, no, no, we won't say that. Mrs.
Whipple, would you come back up here please?
Ms. Gallogly: We are waiting for some final plans from one
of the city departments on this effort.
Mr. Dawkins: No, no, Mrs. Whipple, we have stood by and
watched Dania start from the ground and break ground. When
Dania started to break ground, the design area became
alarmed. Am I correct?
Mrs. Whipple: That's right.
Mr. Dawkins: You came before this Commission and pointed
out to us what was happening. You, the design area, made
suggestions to us of how we can stop that. Is that right?
Ms. Whipple: That's right.
Mr. Dawkins: Two years ago you made these suggestions. Am
I right?
Ms. Whipple: Yes, that's right.
Mr. Dawkins: Can you tell me what the City Administration
did with you within that two years to stop this or where
there was a breakdown in your opinion or what happened.
Ms. Whipple: For one thing, I haven't been working with the
City administration in the last year, not since we started
all of these things.
i
Mr. Dawkins: Who was?
i
Ms. Whipple: Mr. Diaz, the director.
}
Mr. Dawkins: Let me speak with him, please.
}'
Mr. Al Diaz: I'm Al Diaz, 2451 Brickell Avenue.
Mayor Ferre: Mr. Diaz, excuse me, you are not a City
7
employee?
Mr. Diaz: No, I am not. I am the executive director of the
Miami Design Plaza Merchants Association.
Mayor Ferre: Mr. Diaz, with my colleagues permission, I
{
don't want to put the blame on anybody. I'm not here to get
angry at you or Don Cather or whatever. Please, what I want
�
is to solve the problem. How do we
p get off dead center,
because I see the provost of F.I.U. sitting here, and I'm
lad he's listening to this because we have g g potentially the
same problem with the project that we have and I want you to
see that we're not singling out F.I.U. to in any way stop
the progress of some these things. The mechanisms of
government are very slow. My interest here, Mr. Diaz, is
ji
not to embarrass you or Jean Whipple or Charlotte or anybody
'
in the district. How do we get off dead center, which is
where we are right now.
E
7t s 1
31
March 21, 1985
f
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Mr. Diaz: Very quickly, I want to state the situation as is
current. The Dania Design Center was just topped off and it
will be open in probably July of 1985. We have lost already
15 tenants that are leasing currently in the design district
more than 100,000 square feet. The number one problem that
we have that very little has been done about is police
protection. We are spending on our own $150,000 in private
security and we still have over 350 incidents of violence in
the design district. Secondly, the City of Miami Commission
over two years ago passed $600,000 worth of street
improvements, decorative improvements, and landscaping for
the district, of which not even a plan has come up.
Thirdly, it was promised that the Solid Waste Department
would be sweeping on a regular basis, that is twice a week.
Yet the district today is in very serious bad shape as far
as waste disposal.
Mayor Ferre: Mr. Diaz, you know who I am, right?
Mr. Diaz: Yes, I do.
Mayor Ferre: Do you know who this man is?
Mr. Diaz: Mr. Dawkins? Yes.
Mayor Ferre: Do you know who this man is?
Mr. Diaz: Mr. Perez.
Mayor Ferre:
You know that man?
Mr. Diaz: Mr.
Plummer.
Mayor Ferre:
Have you called any one of us to complain
about this?
Mr. Diaz: I wrote all of you. I've called all of you. I
spoke with Mr.
Dawkins assistant.
i
Mayor Ferre:
When was that?
Mr. Diaz:
I have spoken either directly with the
Commissioners
or with one of their assistants?
Mayor Ferre:
Have you talked to the Manager?
j
Mr. Diaz: I
also wrote the Manager and did not receive a
i
reply from the
Manager.
i
Mayor Ferre:
How long have you been in your job?
'
Mr. Diaz: I've
been in my job since April 1984.
i.
Mayor Ferre:
April 184, that is almost a year.
Mr. Diaz: That
is correct.
Mayor Ferre:
You mean to tell me...I want to tell you, I've
'1
never met you.
Please correct me if I'm wrong.
Mr. Diaz: We not only have met, but we sat together at
is
#; t
dinner once.
I'm Mr. Rivero's son-in-law.
Mayor Ferre:
O.K., I stand corrected and I apologize.
Since you are
Mr. Rivero's son-in-law, you don't have a hard
time getting to
g B
me do you?
r
}h
Mr. Diaz: No.
.f
:;j s1 32 March 21, 1985
I
}!i
Mayor Ferre: Would you say that if you needed to talk to me
and it was really critical, that you could get to me?
Mr. Diaz: I have spoken to you on several occasions, yes.
Mayor Ferre: The point I'm trying to make to you, and
again, I'm not trying to embarrass you or put blame, but you
know, you got to be more aggressive about these things. If
Don Cather is your problem, or if Charlotte's your problem
or if I am your problem, then get to Miller, if Miller's
your problem, then get to me. You know, or get to J.L., or
get to the Manager, or do the former Manager when he was
here. The point I am trying to make to you is that....
Mr. Diaz: We have been in constant communication with every
department of the City involved.
Mayor Ferre: Why don't we have a plan? Why after two years
of approving $600,000 expenditures, there is no plan.
What's going on? In the meantime, our competition is
opening in June of 85 and we're sitting ducks. We've
already lost 15 people. The chamber of commerce goes
bananas trying to promote industry and business in Miami and
yet here is a business that today employs 6,000 people in
this community and we've lost 15 of those businesses to
Dania, and we're just sitting around here talking about it.
TAPE 5
Mr. Dawkins: Would you say that the people moved because
they did not have facilities or did they move because of the
crime and safety record.
Mr. Diaz: Certainly crime and safety record. The
facilities are....
Mr. Dawkins: So you don't have a plan, because we have not
attacked the crime there. Is that correct?
Mr. Diaz: Well, say that. Don't stand up here and say
j
something else.
Mayor Ferre: Mr. Manager, I think we've got to ... it's
unfair to bring all these people here at this time without
proper notice. I want this scheduled, and I don't think we
_.
can wait until the next Commission meeting, regular
Commission. I think this should be next Thursday as a
special item. I would like to request that the
administration prepare to address all of the issues that are
involved here and to give us monies that are involved, the
time, dates to solve this problem so that this Commission
can take definitive action. I'm talking about police
protection. I'm talking about garbage and trash and street
clean up. I'm talking about the street improvements, the
_
planners, the plan, the $600,000. Don, with all due
;r
respects to you, I know how busy you are, but two years is
i
long enough. We want those plans finished. If you have to
work people overtime and over this week -end, whatever it is,
we want everything on green light and go by next Thursday.
If you can't do it, we want to know why you can't dq it.
You don't need a motion. The administration will let you
know at what time it will be scheduled. Al, I'm sorry, I
didn't mean to embarrass you about this whole thing, but I
i.
sl
33
March 21, 1985
f
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just wanted to get this on the forefront.
16 AUTHORIZE CITY MANAGER TO "BUY TABLE" AT RIBS N'ROAST
CEREMONY HONORING JACK KASSEWITZ
Mr. Plummer: Mr. Mayor, just a quick item. I was called
last evening and asked they are re -living for the first time
in many years the old Ribs N'Roast, which is for the
journalistic society. I think it is, if I'm not mistaken,
this year in honor of Jack Kasewitz and Bob East. They
would like to ask the City to buy a table, which we have
done in the past. I would so move at this time that the
Manager be authorized.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion?
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-238
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE AN AMOUNT SUFFICIENT TO
BUY A TABLE TO A RIBS N'ROAST EVENT TO BE
HELD IN HONOR OF JACK KASSEWITZ
(Here follows body of motion, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
17 ENTER INTO AGREEMENT: THE INTERNATIONAL HEALTH COUNCIL
FOR THE PREPARATIONS COORDINATION & SUPERVISION OF THE
THIRD HEALTH CONFERENCE TO BE HELD SEPTEMBER 1985 IN
MIAMI.
Mayor Ferre: We're now on item "B" of the Committee of the
Whole, that's the Second International Health Conference,
Maria Elena Torano, item "B" on your packet.
Ms. Maria Elena Torano: Mr. Mayor, Mr. Commissioners, Mr.
Manager, first of all, I'd like to present to you the report
of the Second International Health Conference, which just
came out of the printers, and then ask Dr. Jose Stapocznik,
who's here with us today and who is the conference chairman
and will also chair this year's conference, to make the
sl 34 March 21, 1985
presentation. Here with us today, we have Steve Altman, who
is the vice chairman of the International Health Council and
provost of F.I.U., Dr. Joe Patterson, also associated with
`. F.I.U., Mr. Atlee Wampler, who is a local attorney and is on
the phone and will be joining us quickly, and Charlotte St.
John, our staff person.
Dr. Jose Stapocznik: We are delighted today to provide you
with the executive summary of our conference, which I
believe many of you were able to attend that was extremely
successful. We were able to attract representatives from
nineteen countries, including 45 high level representatives.
We have continued to promote Miami as an international
health center and as the Merrit Stierheim was quoted, "The
health industry has a potential for $1.5 billion in economic
development for this area and could very well rank along
with construction and tourism as one of the major industries
in this community." We are here today to request from you
funding in the amount of $50,000 towards the Third
International Health Conference. In the second conference,
the ministers who attended passed a resolution that they
would like to establish a permanent relationship with the
Miami area. They also requested that the International
Health Council move on specific projects in the areas of
essential drugs, equipment and human resource development.
Maria Elena Torano and myself were able to go down and work
on these areas specifically with the ministers of Salvador,
Guatemala. We also received here the minister of Honduras
to discuss their interest in these areas. We've also, along
with Dr. Manny Villamonte, gone to meet with Dr. Macedo,
director of the Pan American Health Organization and his
staff and with Linda Moores, the chief of health, Victor
Rivera, the regional director of A.I.D. for this hemisphere
and we've received a tremendous amount of support for all of
these activities towards implementing the recommendations of
the second conference and moving on to the Third
International Health Conference.
Dr. Steve Altman: I would only add that the conference last
year gave every indication that the recognition of the City
of Miami is a major resource in the hemisphere for health
related matters is clearly recognized. This is a long-term
process. It's one that is going to take several years, of
course, but with each new activity, the benefits that enure
back to this community are substantial and will continue to
grow. As we try to become more precise about where our
targets of opportunity lie, where our competitive advantage
lies, it's clear that the resources that we have to offer
the health industry are among the finest in the country.
Mayor Ferre: Thank you, Dr. Altman.
Mr. Atlee Wampler: Members of the Commission, I'm the
representative from the Greater Miami Chamber of Commerce on
the Board of Trustees of the International Health Council.
We urge the Commission to continue its financial support for
the International Health Council to be the arm of the City
of Miami to develop and focus Miami as the health center for
the Americas.
Dr. Joseph Patterson: I'm Dr. Joseph Patterson from Florida
International University. We appreciate the support that
you have given us in the past. We're asking for your
continued support. We feel that Miami has the resources and
the expertise to provide some service to these communities
south of us. We appreciate your support.
Mayor Ferre: Maria Elena, let me ask you two questions.
First of all, what is your total estimated budget?
sl 35 March 21, 1985
LJ
Mrs. Torano: $150,000.
Mayor Ferre: Of that, as I remember, you're getting $50,000
from the City, $50,000 from the County, and $50,000 from the
private sector.
Mrs. Torano: I think from the caliber of the people that
you see here and their own -going contribution and the
commitment of their hours and their own resources, that the
$50,000 of the private sector is taking care of.
Mayor Ferre: As you know, I am fully supportive and have
been and continue to be. I have basically two concerns.
First of all that there is very little of Miami mentioned in
your report. I have written you about that in the past and
I appreciate your kind words about me, but it isn't me
that's putting up the money, it's the City of Miami and you
and I know, with all due respects to Dante Fascell and Steve
Clark and Metro and all that, it's the City of Miami's
strong and continuing and abiding support with money that
has caused this thing along with your vision and work to be
successful.
Mrs. Torano: Mr. Mayor, I'm sorry, on the acknowledgement,
there's a whole paragraph.
Mayor Ferre: I see down here the third paragraph. I'm not
talking about page 15. What paper are you on? Page four?
Yes, I was one of the speakers and you acknowledged me and
that's wonderful. I'm not talking about Maurice Ferre.
Maurice Ferre is very happy. I'm talking about the City of
Miami. Even though sometimes I presume that I speak for
this City, I don't always do that. I think what's important
is that this is a Miami Conference. You see, there is a
conference of the Caribbean, but it's called the Miami
Conference of the Caribbean. By the way, so you don't feel
bad, Leslie Pantin, Jr. stood right there along with Mr.
Frank Paredes and the president of the Little Havana Kiwanis
Club and I told them the same thing. I said if it weren't
for the City of Miami you wouldn't have Calle Ocho. Calle
Ocho, page 32 of their brochure is a little quip that says,
"We acknowledge the work of..." and they have 50
organizations, Cedars of Lebanon, the Rotary Club, the this
and that and then the City of Miami. No, no, no, we're not
in the same league. The City of Miami has been a
major...you would not be here if it were not for the City of
Miami.
Mrs. Torano: You are absolutely right.
Mayor Ferre: I don't want ackowledgement of Maurice Ferre.
I want acknowledgement of the City of Miami.
Mrs. Torano: Right here?
Mayor Ferre: I don't care where you put it.
Mrs. Torano: It's here; it's here, Mayor, on the front
page.
Mayor Ferre: I want it prominently; I want a statement that
the City of Miami... I have not read the Miami Herald
article that Celia Dugger or whatever her name is on the
dedication next week of Edison Center. If it were not for
this Commission and the City of Miami, that project and a
million dollars, by the way, would not exist. There is
absolutely no recognition in the Miami Herald of that truth.
I am getting sick and tired of the City of Miami being
responsible for Calle Ocho, for being responsible for the
Miami Conference for the Caribbean, for the Edison Center
sl 36 March 21, 1985
that we're about to break ground on, and for the
International Health Conference and for us to be delegated
amongst 50 other people that you acknowledge in gratitude.
Mrs. Torano: You're right there on the front page. Open your thing; right down there is the acknowledgement, then on
my letters and Jose's letters, there is a whole paragraph.
To me, you're the Mayor so we recognize your personal
involvement, but the whole thing couldn't have happened for
i this City Commission making it happen and the City
administration. Everybody knows that. I'm one of your top
defenders and outspokers.
Mayor Ferre: I don't want you to defend me. Please don't
defend me.
i
Sit
Mrs. Torano: Thanks, I won't
Mayor Ferre: Don't defend me; I don't need defense. All I
want is proper recognition for the City of Miami. With all
due respects to you, it is my opinion that this document and
the other documents that I have seen, in my opinion, does
not recognize the City of Miami properly.
Mr. Perez: I am 100% in favor of this program and you don't
have any doubt in the last two years I have supported 100%.
But I think that the City of Miami deserves more recognition
in the same way that in this reference guide that you said
was supported by the A.I.D. in the first page, I think that
it's important that it have the recognition that the City of
Miami, I think the main sponsor of this activity and the
hospital that I located inside the City of Miami has to take
a better credit and a better participation because we are
spending the funds of the taxpayers of the City of Miami, I
think that we have to show a result not only to the Cedars
of Lebanon, to the other hospitals out of the limits of the
City, but I think that we have to do something. I think
that one of the workshops or something giving a better
participation, you can have in consideration the City of
Miami and to try to promote that interchange between the
City, not only the County, maybe you can do the same thing
with the county or the other sponsors, but I think we need a
better participation of the City in this project. I don't
have any doubts to support again, but I would like to call
your attention about the importance of giving more credit to
the City of Miami in this project.
Mrs. Torano: Can I just share one thought with you? This I
would like to see if the Mayor would take it into
consideration. We have been invited by three or four
countries, especially in Central America, to take our
resources down there, and what I can see happen, Mr. Mayor
and Commissioners, is the equivalent of a bicentennial good
will flight that took place in 1975 puting together all our
health resources and targeting three or four countries and
doing the same kind of trade exchange mission. This is in
the works and is something that perhaps will be a City of
Miami International Health Mission. So, believe me I know
what you're saying and I read you.
Mr. Perez: But Maria Elena, sometimes it is ridiculous the
lack of information that we have about some issues. For
example, about this conference, about three or four weeks
ago, when I met President Monge, he asked me about this
event. I didn't know anything that you have a meeting, I
think on April 14.
Mrs. Torano:
Foundation.
sl
That's the Pan American Development
37
March 21, 1985
M
tt
i
i
l
Mr.
Perez: That's
related to this group?
Mrs.
Torano:
No, it's
not. It's my client
and they're part
1
of the
O.A.S.
and they
want to open a Miami
Chapter.
Mr.
Perez: That's
the
Washington group or
that....
Mrs.
Torano:
That's
the Washington group.
That doesn't
!
have
anything
to do with the International
Health Council.
Mr.
Perez: It
doesn't
have anything....
5
Mrs. Torano: No, no, no.
Mr. Perez: They asked and I believed it was your group. I
believe that have any relation, no? But some people in
several countries that we have traveled, they asking and we
don't have any information. I think we can contribute also
to the betterment of this project.
Mrs. Torano: Tremendous, I apologize, because I thought
that we were feeding information to you and you have seen me
around and I've been mailing information and I'd be
delighted to toot your horn; it's my horn also.
Mayor Ferre: I think you're misunderstanding about this
tooting horn. I don't want you to toot my horn or toot
Demetrio's horn or in any way go to my defense. I don't
want anybody's defense. All I want is the proper
recognition of the City of Miami's involvement in this and
all the other things that we have been responsible in i
creating and doing and without whose support it would not
exist. I happen to be extremely sensitive because next week
we are inaugurating a $2.4 million program, which we thought of, we sponsored, we put $1 million into, we've guided, and -
then there is an article in the Miami Herald last Sunday,
who gives credit to everybody, the Ford Foundation, Lisk,
Metropolitan Dade County, and not one word about the City of
Miami. I know that's the way the Miami Herald approaches
things, so I don't blame the Metro Herald or as some people
in this community call it, the "Pravda Herald" I don't blame
them for their approach, the "Palace of Malice," but I don't
want it emulated in other projects of ours and we consider
this to be one of ours. Are we ready to vote now? Who +,
moves?
E`
Mr. Plummer: I move it.
Mr. Perez: Second. 4
i.
P
Mayor Ferre: Plummer moves; Perez seconds. Further E'
discussion? Call the roll.
i
Mr. Plummer: It's item "B", companion to 73.
Mayor Ferre: It's item 73 we're voting on right now.
sl 38 March 21, 1985
ii
i;
i Mr. Plummer: Correct.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-239
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $509000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, AS A CONTRIBUTION
TO THE INTERNATIONAL HEALTH COUNCIL (ICH)
FOR THE PREPARATION, COORDINATION AND
SUPERVISION OF THE THIRD INTERNATIONAL
HEALTH CONFERENCE TO BE HELD SEPTEMBER 1985 _
IN MIAMI, FLORIDA; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
THE ICH; SAID ALLOCATION BEING CONDITIONED -
UPON METROPOLITAN DADE COUNTY AND THE
PRIVATE SECTOR EACH CONTRIBUTING AN EQUAL
AMOUNT TOWARD THIS EVENT AND UPON —
SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY NO. APM 1-849 DATED
JANUARY 24, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr. -
Mayor Maurice A. Ferre -
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
18 GRANT REQUEST OF OFF STREET PARKING AUTHORITY FOR LEASE
OF CITY OWNED LAND FOR PARKING LOT AT 27TH AVENUE A
DIXIE HIGHWAY
Mayor Ferre: We're on item "C", which is request of the
Off -Street Parking to lease the City -owned parcel to the
southeast corner of 27th Avenue and Dixie Highway for
developing a municipal parking lot.
Mr. Roger Carlton: Mr. Mayor, members of the Commission, as
you know from time to time, we bring you the concept of
leasing certain City -owned parcels where the Off -Street
Parking makes the investment in the construction and then
after that investment is recovered, the profits are shared
with the City. This is another one of those. It is
identified in the City's capital improvement program. I'd
like to show you a rendering of what this will look like.
This is the corner of Dixie Highway and 27th Avenue, the
southeast corner, which is a triangular shape piece of land
that belongs to the City and is today the site of a sale of
pots and flowers.
Mayor Ferre:
27th Avenue?
How can you say a lot of the City of Miami on
Da
sl
W
39
March 21, 1985
0 0
Mr. Carlton: We know that is not the city limits, but there
is no appropriate site to set the sign where the city limit
is. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC
MICROPHONE.
Mayor Ferre: How about "Welcome to Coconut Grove and the
City of Miami"?
Mr. Perez: That is the lot that is used as a car dealer
now?
Mr. Carlton: Car dealership, everything.
Mr. Plummer: That's on the other side of the street. I had
my campaign headquarters on this side.
Mr. Perez: Not on this side; it's on the other side.
Mr. Plummer: It's on the south side.
Mayor Ferre: That's right in front of your campaign
headquarters. That's the place where I see them selling
pottery.
Mr. Plummer: How many cars can you get in there?
Mayor Ferre: What do you want from us?
Mr. Carlton: We would like approval to negotiate a lease
with....
Mayor Ferre: Do you want to speak against this?
Mrs. Joanne Holshouser: No, not against it. I want to
speak in favor of it. Joanne Holshouser, president of the
Coconut Grove Civic Club. This would be a wonderful thing,
because we've started getting calls from people in the area
as far as two, three and four blocks away that people are
now starting to park and sometimes in front of their
driveways or on their property; so we approve of it. All we
ask is that you make note of the fact that I'll be coming
before you in another couple of months with a request for
the nomenclature of the two stations. There is some feeling
!,
in the part of the Grove around Douglas Road that Metro -I
know that you all did not do it, but that Metro, in naming
these stations, took away the identity of Coconut Grove
Station, which has historically been in Douglas Road and
South Dixie. I've already talked to some of the county
people about this. We'd like for us to go eventually to
calling this Coconut Grove north and the other station
Coconut Grove, which wouldn't interfere with this, but we
1'
ask you please, do this because we really need it
desperately. Thank you.
Mr. Plummer: How much are the meters going to be?
g 6
Mr. Carlton: I really don't know that yet.
Mr. Plummer:
Let me just put on the record, for one, Roger,
f
I want to
tell you, your meters downtown are getting
ridiculous.
I don't know how you can work it out. I don't
4
mind paying
a dollar an hour. I think it's high; yes, it's
cheaper than
the private sector. But if I'm going to be
'
there more. ..bow
many people in this community walk around
with two or
three dollars worth of quarters? If you put
`V
three dollars worth of quarters in your pocket, that's a lot
'
of change.
How in the hell can you expect the people of
di t
this... is there
any way that you can change this thing to
where people
ean...not necessarily afford, but how do you
r
feed these
slot machines and have sufficient amounts of
sl 40 March 21, 1985
s;t
i�
i'.
1;
money to pay them. I don't understand. What is your
suggestion? I think you have to address it, because it's
i
going to become more of a problem as it goes on.
Mr. Carlton: J.L., it's a valid point. When the rates were
raised approximately two years ago to less than 200 meters
at $1 an hour, the decision was made to put in quarters
only, which is what's causing a problem. We worked with the
downtown merchants and they came to the Off -Street Parking
Board. I've sent you information on this. Two things are
happening. The first one is that the meters....
Mr. Plummer: Hey, look, I don't want to get into it now. I
don't want to take up the Commission's time. But I think
you better address the problem, because it is a problem.
Mr. Carlton: I'll give the Commission a report on that in
writing.
Mayor Ferre: Are we ready to vote on this thing now? The
only thing that I have, Roger, is I think you ought to put
welcome to and then in small letters Coconut Grove and then
City of Miami in large letters.
Mr. Carlton: No problem.
Mayor Ferre: Because I think you can't put welcome to City
of Miami in the middle of Miami.
Mr. Perez: Who is the owner of this property, the City?
Mr. Carlton: The City owns it, yes sir.
Mr. Perez: What are the terms of the lease? We don't have
any copy.
Mr. Plummer: That has to be negotiated.
Mr. Perez: It's not negotiated yet?
Mr. Carlton: We will negotiate that lease with the City
Manager and his staff and then bring it back to you in about
a month.
Mayor Ferre: Is there a motion?
Mr. Perez: Move.
Mr. Plummer: In principle, second.
Mayor Ferre: Is there further discussion? Call the roll.
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION NO. 85-240
A MOTION GRANTING A REQUEST MADE BY ROGER
CARLTON REPRESENTING THE OFF STREET PARKING
AUTHORITY TO LEASE A CITY OWNED PARCEL AT
THE SOUTHEAST CORNER OF S.W. 27 AVENUE AND
SO. DIXIE HWY. FOR THE DEVELOPMENT OF A
MUNICIPAL PARKING LOT.
(Here follows body of motion, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote-
sl 41 March 21, 1985
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
---- - ------------------------------------------------
19 INSTRUCT CITY MANAGER TO CONTACT ALL PARTIES CONCERNED
WITH RECENT SUCCESSFUL CALLE OCHO SO COMMISSION MAY
OFFICIALLY RECOGNIZE THEIR EFFORTS
------------------------------------------------------------
Mr. Plummer: Mr. Mayor, let me just go back one little bit
and take a second of your time. I don't know how many of
you -I know that Commissioner Dawkins and Demetrio, I think
you may have been out of town- had the opportunity to attend
Calle Ocho this year. I think there were more than a
million people there. I think this City Commission should
recognize the tremendous efforts that were put forth in
making this, and I am told possibly one of the world's
largest single day events. There are events that have more
people that are a week long or three days long. I would
move at this time, Mr. Mayor, that we bring forth the Little
Havana Kiwanis, the Police Department and all of those
people who were involved in making this year's Calle Ocho
such a tremendous success and so recognize them at this
Commission.
Mr. Perez: Second.
Mayor Ferre: Further discussion?
Mr. Perez: While seconding this motion, Mr. Mayor, I would
like also that for the next Calle Ocho we have the
opportunity to call this group, the organizers or the
Kiwanis to have a meeting with the administration about some
details. For example, we have a lot of space that a lot of
people in this community tried to rent in order to sell
beer, a hot dog, that kind of thing, and they didn't have
any opportunity. I think there is a lack of communication
on this issue. But I joined all my support to this; I think
it was something outstanding. I will have to be very proud
of this event.
Mr. Plummer: I would hope the administration, Mr. Mayor,
could put this together for the next meeting, so that it
doesn't lose the closeness to the event. I would ask the
administration to be the coordinator of inviting those
people who were directly involved.
NOTE FOR THE RECORD: Commissioner Carollo arrived at 11:39
AM.
FI
1
MEN
Mayor Ferre: Call
the roll.
The following
motion was
introduced by Commissioner
Plummer, who moved
its adoption:
MOTION NO.
85-241
A MOTION INSTRUCTING THE CITY MANAGER TO
CONTACT REPRESENTATIVES OF THE LITTLE
HAVANA CHAMBER OF COMMERCE,
REPRESENTATIVES OF THE KIWANIS CLUB,
MEMBERS OF THE POLICE DEPARTMENT, AND
ALL OTHER PERSONS INVOLVED IN THE RECENT
VERY SUCCESSFUL CALLE OCHO IN ORDER THAT
THE CITY COMMISSION MAY OFFICIALLY
RECOGNIZE THEIR EFFORTS.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
20 EXECUTE AGREEMENT: METRO IMPLEMENTING OF LITTLE HAVANA
AND MODEL CITY HOUSING DEMONSTRATING PROJECTS ALLOCATE
$220 , 5OO
Mayor Ferre: We're now on item "D". This is the discussion
of targeted improvement projects, Model City and Little
Havana.
Mr. Dawkins: Mr. Mayor, "D" is a companion of item 63. Are
we going to take them both at the same time?
Mayor Ferre: Yes, unless it becomes a real hot issue, and
then we'll skip over. Go ahead, Mr. Castaneda.
Mr. Frank Castaneda: Mayor and City Commissioners, last
year you approved as part of the Community Development Block
Grant program, a million dollars for each Little Havana and
Germ City or the King Heights area. What we are proposing
to do with that money in the King Heights area is to acquire
the round corner building, the building that has had all
these drug problems, there were a couple of rapes and quite
a bit of crime; remove this blight structure from the
neighborhood, and also proceed to acquire the
block...INAUDIBLE REMARKS NOT ENTERED INTO THE PUBLIC
MICROPHONE...what we are proposing is to put it out for
bids...to develop houses in this area. We already have a
commitment from the surtax funds for $25,000. INAUDIBLE
REMARKS NOT ENTERED INTO THE PUBLIC MICROPHONE.
Mr. Plummer: The only question I have is predicated on what
we did here this morning. According to this resolution,
this money is to be given to Metropolitan Dade County. What
I'm saying is that they are going to be in control of it.
What assurances do we have that the City people, who are
going to be displaced by this action, if any, or City people
will be involved in the housing as it is rebuilt.
sl 43 March 21, 1985
i1
Mr. Castaneda: No, the County will be acting as our agents.
In that sense, we will be telling the County what
properties to acquire. In the request for proposals, it
will be prepared by City staff and the City Commission will
be approving the selected developer for that site. Here
we're talking about CDCs non-profit developer working in
conjunction with the private sector. We will be getting
;j surtax money to leverage this funding. We're also proposing
a very concentrated rehab effort in the surrounding area of
Model City for this program. In the East Little Havana area
what we are proposing is... INAUDIBLE COMMENTS NOT ENTERED
INTO THE PUBLIC MICROPHONE...
Mayor Ferre: Is that where Rivero Funeral Home is?
Mr. Castaneda: INAUDIBLE COMMENTS NOT ENTERED INTO THE
PUBLIC MICROPHONE...
Mr. Plummer: It's on the river.
Mayor Ferre: What? Second and forth?
Mr. Castaneda: It's divided across Latin Riverfront Park.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC MICROPHONE...
Mayor Ferre: What are we going to do with that?
Mr. Castaneda: INAUDIBLE COMMENTS NOT ENTERED INTO THE
PUBLIC MICROPHONE...
Mayor Ferre: Is it rehab or are we going to rebuild?
Mr. Castaneda: We're going to be rebuilding through the
surtax INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC
MICROPHONE.
Mr. Dawkins: Mr. Mayor, I have quite a bit of problems with
this. The first problem is there is enough land in Germ
City to build on without taking funds to acquire more land.
That's my first concern. My second concern is why is it
when every time you, me or anybody else go into the minority
neighborhood, it's for non-profit groups. It's time you let
the minority groups make some profit. Every time you guys
come up here with something for the minority, Latin Little
Havana, Liberty City, it's non-profit. Yet, when you go to
the other areas and you want to give out industrial revenue
bonds and etc., etc., you want to do it for profit. Let's
go back and instead of a non-profit group, let's think in
terms of for profit in these areas and I think in that way,
we'll let these people in these neighborhoods make some
profit instead of going in there everything non-profit, non-
profit, non-profit. All right, I make a motion that we do
not give anything in that unit to no non-profit nothing,
that it strictly be for -profit.
Mayor Ferre: You're approving on that basis?
Mr. Dawkins: Yes.
Mr. Plummer: Why wouldn't it hold true in both sites?
Mayor Ferre: It would.
Mr. Dawkins: That's what I said. I said both sides.
Mr. Plummer: O.K.
Mayor Ferre: What he's saying, as I understand it, this is
a motion of approval of item 73 with the change that it can
be for profit.
sl 44 March 21, 1985
ij
.j
Mr. Dawkins: That it will be for profit.
Mr. Perez: Who made the selection of this site?
Mr. Castaneda: INAUDIBLE BACKGROUND COMMENTS NOT ENTERED
INTO THE PUBLIC RECORD.
Mr. Perez: Did you call for public hearings?
Mr. Castaneda: INAUDIBLE BACKGROUND COMMENTS NOT ENTERED
INTO THE PUBLIC RECORD.
Mayor Ferre: This is no big thing. We're only talking
about four or five little lots. Are we ready to vote on
this now?
Mr. Plummer: What are we voting on now?
Mayor Ferre: We're approving it based on Miller Dawkins'
change; and that is that it must for -profit corporations.
The RFP would go out to for -profit corporations. Is there a
second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll on item 63,
as amended.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-242
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH METROPOLITAN DADE COUNTY FOR THE
PURPOSE OF IMPLEMENTING THE LITTLE
HAVANA AND MODEL CITY HOUSING
DEMONSTRATION PROJECTS; 1/AND ALLOCATING
AN AMOUNT NOT TO EXCEED TWO HUNDRED
TWENTY THOUSAND FIVE HUNDRED DOLLARS
($2209500) IN COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS TO METROPOLITAN DADE
COUNTY FOR ADMINISTRATION OF LAND
ACQUISITION ACTIVITIES TO BE UNDERTAKEN
IN CONNECTION WITH THE HOUSING
DEMONSTRATION PROJECTS TO BE PERFORMED
BY DADE COUNTY DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT ON BEHALF OF THE CITY.
(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.
sl 45 March 21, 1985
9
---------- -------------------- - ------ --- --- --
21 REQUEST PRIORITY OF SOUND BARRIERS ALONG KETRORAIL IN
CERTAIN AREAS
Mayor Ferre: We're now on the sound barriers for Metrorail,
which is item "E". They've become more and more important
every day to me. The other day I was in Mercy Hospital and
I was shocked that the noise went all the way to Mercy
Hospital. You can hear those things all the way down to the
bay. Down to Mercy Hospital, that's right.
Mr. Plummer: Don, ask him for me and I'm sure Ferre and
Carollo would like to ask the same question, why in God's
name is it necessary to blow that horn on a fixed rail 16
feet above the ground?
Mayor Ferre: To wake you up at 3:00 o'clock in the morning;
that's why.
Mr. Plummer: For the life of me, I don't understand why
they have to blow that horn!
Mayor Ferre: There is a little instruction card, when you
go in front of Plummer's house, blow the horn.
Mr. Plummer: Who in the hell are they trying to get out of
the way, the birds?
Mr. Don Cather: I fortunately have not heard them blowing
the horn, but I've been working in transit for twenty years
and the only reason I can think of with their blowing the
horn is when someone is working on the track to advise them
that a train is coming. That's the only reason that I can
think of their blowing the horn.
Mr. Plummer: The problem is you go home at 5:00 o'clock and
they don't start the horn until 6:00. I can't understand
that.
i` Mr. Cather: I have furnished you all with pictures of the
acoustical barriers they have installed in Overtown at 17th
and 19th :venues and U.S.-1 and east/west of the Coral
i Gables waterway canal, which is on the border between Coral
Gables and also South Miami Hospital. I am happy to report
that since my report was drawn up in February, that they
have gone out to bid for 130,000 lineal feet of acoustical
barrier, of which 90,000 will be in the City of Miami,
j 90,000 lineal feet of barrier. That's about eight and a
half miles of track that will have acoustical barrier.
Mayor Ferre: Just tell me that it's along U.S.-1.
Mr. Cather: Well, it is, yes.
Mayor Ferre: It isn't that I'm not worried about the
University of Miami and Brickell Avenue, Overtown, and Santa
Clara, but I'm also worried about the poor people
along...where is it that we live, Plummer?
Mr. Cather: These barrier locations are on Douglas Road,
Coconut Grove, Vizcaya, Commerce, Civic Center, Allapattah,
particularly around Earlington Heights, Brownsville, North
Side, Hialeah, all of those are shown on this map.
Mayor Ferre: They are going to be installed by when?
T.�
sl 46 March 21, 1985
0
i Mr. Cather: Well, the bid is called for March 6 is the
published date, and I would imagine it would be another
three months before they let the bid and they should have
the work done this year. I think this is a major step
forward and they let this contract for their schedule
for
Mr. Dawkins: You see, you don't live out there, that's why
you think. I'm going to tell you it's not; because I live
out there and I know. See, you think it is, and I live out
there and I know it's not. Yes, sir. When you leave Santa
Clara and gets up here to the Allapattah Station, as that
train turns and goes to the Brownsville Station, it runs
over peoples' houses. What are we doing there?
Mr. Cather: As I stated, sir, they are letting a contract
now for another 130,000 lineal feet of acoustical barrier to
be installed this year. The locations are shown on this
map.
Mr. Dawkins: Who is going to determine the priority and
which is done first and how?
Mr. Cather: The report, which they had prepared by their
sound acoustical consultants, Bolt Beranek and Newman
specifies all the locations that they must install. I am
assuming the contractor who is awarded this contract will be
installing all of them pretty much on a uniform basis
throughout the entire line. I don't think we can tell them
that they have to put Allapattah before Brownsville or Santa
Clara before Northside.
Mr. Dawkins: See, that's my problem, see. We're the ones
that got the money for them to build a station and they
didn't build the first one in my area. Now my area will be
the last one to get the barriers. I got a problem with
that.
Mr. Cather: I certainly think you could communicate that
with them and say you want that first.
Mr. Dawkins: But you just said I can't!
Mr. Cather: I said I can't, maybe you can.
Mr. Dawkins: No, no, you said, "We certainly can't." That
includes the Commission. Read the minutes back, please.
Mr. Ongie: You're right.
Mr. Dawkins: How do I...?
Mayor Ferre: Make a motion.
Mr. Dawkins: I make a motion that the first barriers to be
erected go from the Santa Clara to the Allapattah to the
Brownsville stations.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Plummer reluctantly seconds.
Mr. Dawkins: Joe seconded.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
sl 47 March 21, 1985
i
MOTION NO. 85-243
A MOTION REQUESTING THE CITY MANAGER TO
COMMUNICATE WITH THE PROPER OFFICIALS OF
METROPOLITAN DADE COUNTY DEPARTMENT OF
TRANSPORTATION REQUESTING THEM TO TREAT
THE AREA OF SANTA CLARA TO ALLAPATTAH TO
W SVILLE STATIONS AS TOP PRIORITY
BRO N
FOR THE INSTALLATION OF METRORAIL SOUND
BARRIERS.
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: Let me ask you one last question about this,
Don, do they work?
Mr. Cather: Yes, they do work.
Mayor Ferre: They don't work? Wellington, I got to tell
you I'm real glad to see you here. How come you always sit
in the back. in the last seat? Does that mean something?
We're not going to hurt you around here; you can sit up here
in front. You're here for the next item, O.K. Is there
anything else that we need to do on this item?
Mr. Cather: I will see that resolution gets to Mr.
Fletcher.
Mr. Dawkins: I prefer to carry it to the Transportation
Committee at the County. If you'll prepare it, I will take
i;
it to the to the Transportation Committee, which Clara
Oesterle heads and give it to her.
Mr. Carollo: If I recollect, back when they were trying to
propose this wonderful wonder of Metrorail, they were
supposed to have trains that had rubber wheels. What ever
happened along the way?
j'. Mayor Ferre: Are you going to give us a Reagan speech now?
Mr. Carollo: No, I mean you guys were the ones that were
pushing for it, campaigning for it, and everything else. It
seems that there were no rubber wheels and everything that
was said didn't quite happen the way the fairy tale was
told.
1 Mayor Ferre: The answer is that the rubber wheels are
French made and we are buy American people, so we bought
American equipment.
Mr. Carollo: I don't think that's quite the story, Mr.
Mayor.
Mayor Ferre: Anything else other than the rubber wheels?
--- ---- ------------ --------- ---------------- ------ -- --------
NOTE FOR THE RECORD: Minutes of November 8, 15, December
13, and 20, 1984 were approved.
sl 48 March 21, 1985
------------------------------------------------------------
------------------------------------------------------------
i
22 DISCUSSION: STATUS OF LITIGATION BY LAW DEPARTMENT
i------------------------------------------------------------
Mayor Ferre: We're on "F", status and disposition of
litigation in the City Attorney's office, Mrs. Dougherty.
Mrs. Dougherty: Yes, sir, Mr. Mayor, you all have become
aware of the cases that are settled in our office, over
$4500, but you very rarely become involved or know of the
other cases that are handled in court and actually go to
trial, unless they become publicized. So, on a quarterly
basis, I'm going to prepare a status of litigation and
present it to you. Today, we have several cases. One a
motorcycle ran into a barricade in connection with the
bicycle races and the liability was found to be $150,000.
However, the City was not found to be liable and the race
itself was found to be totally liable. Second case was an
assault and battery case, which was dismissed against the
City. The third case as well. The fourth case was a case
in which a garbage truck backed into the plaintiff. He
sued; the plaintiff was found to be 80% negligent out of a
$13,000 liability, and the City paid $2,700. The fifth case
was a case in which your vendors ordinance was upheld in
court. The sixth case was one in which the Tigertail
Association sued to try to enjoin a public hearing, which we
were sustained on.
Mayor Ferre: Pretty good batting average here, Lucia.
Mrs. Dougherty: I'm getting to the losses in a minute. The
sixth case was a consent decree was sustained. The eight
case....
Mayor Ferre: This is the Tigertail Association?
Mrs. Dougherty: The seventh case was the Tigertail. The
sixth case was a consent decree case, which was sustained
against us; I mean in favor of us. The eight case is the
Joe Robbie case, which I gave you a status report before we
went to oral argument. We don't have a conclusion on that
case yet. The ninth case, the South Florida Literary case
was a Third District Court of Appeals reversed and said that
whenever we go into these pornography injunction cases,
we're going to have to get an expert witness to testify what
the community standards were. Heretofor we thought the
judge would be able to take into consideration and know what
i. the community standards were.
i.
4 Mayor Ferre: That's just more of the run-around; I mean
they're just giving us the stall.
Mrs. Dougherty: We're going to have to pay somebody to come
E.; and be an expert psychologist.
a Mayor Ferre: Is that a federal?
Y
�• Mrs. Dougherty: That was a state decision, Third D.C.A.
The tenth case was a loss for us. That was a case where a
police officer arrested an Eastern Airlines employee and we
were found to have falsely arrested him. The jury awarded
him $50,000. The eleventh case was a Third District Court
of Appeals case, which reversed your hearing in the Amoco
case. I don't know if you recall that, but that was the one
on the Coral Way, the Amoco building service station, and
sl
49 March 21, 1985
0 0
you had overruled the Board of Adjustment decision
permitting them to have a permit. This case overruled your
decision. The last case you are aware of, because of the
publicity Hampton and Williams in which the City was found
to be jointly liable with Mr. Smith to the two plaintiffs.
The thirteenth case is a status of the forfeitures, which we
are very pleased to announce that last year we collected
$620,000. In the first three months of this year we've
collected about $14000000.
Mayor Ferre: Any questions or any statements on item
If not, we thank you and congratulations you for what I
think is an exceptional fine record of achievement in the
Law Department.
Mr. Wellington Rolle: Mr. Mayor, could I offer a comment,
if you would, Mr. Mayor, on the litigation. I think that
the City Attorney has not indicated to this Commission that
an item that you have on the agenda for today is in
litigation. I think that the item that comes up as it
relates to the strong Mayor proposal would probably be at
risk. But I'm wondering now why the City Attorney elected
not to indicate among these items in litigation, the
existing particular case that was tried in the circuit court
and that there were appellants in the district court.
Mayor Ferre: With regards to what?
Mrs. Dougherty: He's talking about the Charter Amendment.
I didn't include it because it hasn't been finalized.
That's essentially it.
Mr. Rolle: Litigation is on -going. You indicated
litigation on -going on something else.
Mrs. Dougherty: Just in the Joe Robbie case. That was
because they're interested in it. But this status of
litigation is primarily for those cases which are over in
some respects.
Mr. Rolle: The point I'm making, Mr. Mayor, is I think it
has a direct nexus to the matter that you will discuss later
today as it relates to strong Mayor and the expansion of the
Commission.
- - - - -- - ------ -- -- -- - -- --- - - -- - ----
23 ORANGE BOWL IMPROVEMENTS: DISCUSSION OF POSSIBLE
REFERENDUM REGARDING DISBURSEMENT OF BED TAX FUNDS
Mayor Ferre: We're now on item "G", discussion of the
Orange Bowl repairs and maintenance, Mr. Manager.
Mr. Rosencrantz: This was placed on the agenda at your
request, Mr. Mayor. If you recall, sometime ago, under the
prior City Manager, you requested some information about the
repair to the Orange Bowl and asked that it be brought to
the City Commission. For some reason or another, it never
got here.
Mr. Don Cather: You
made some progress on
haven't completed it,
should spend another
repairs to the Orange
funds.
had requested the report on it and we
the bleacher seat replacement, but we
as far as I know. I feel that we
at least a million six on structural
Bowl as soon as you find the proper
50
March 21, 1985
Mr P1 u comer• I th' k 't i' th th th t D
in i goes ur er an a , on. I
think that the concern was that which we have read publicly,
that the Metro Commission is now considering or has
expressed opinions about the bed tax money that was
dedicated to the Orange Bowl. We have received in the
neighborhood of about $500,000 a year and there are those
who have publicly, Metro Commissioners who have expressed
that they are not going to vote for any of that money to go
into the Orange Bowl in the future. I think what this
report was requested for was to demonstrate that the need
for that money is there. The repairs are needed and we do
have contractual obligations, I think running up to the year
1991 with the University of Miami and with the Orange Bowl
Committee. I think that this was to be used...I know the
Mayor asked for it ... was to be used to fight that fight to
convince certain peoples that those monies that were set
aside by the referendum of the bed tax for Orange Bowl
should go to the Orange Bowl and to no other place at this
particular time. Maurice, it was your....
Mayor Ferre: I do think that now that we have a new City
Manager coming on board in April, who has experience and
knowledge of Metropolitan Dade County, that we do need to
expedite the joint meeting between the City and the County
Commission to work out some of these problems. As I
understand it, Cesar, we are now $570,000 in arrears that
Metropolitan Dade County owes the City on this particular
issue. I know it's a major issue, but with all due respects
to Beverly Phillips and others who have strong opinions
about certain things, that we also have rather strong
opinions, and obviously, they're looking at things from
Metropolitan perspectives. We're looking at things from the
City of Miami's perspectives. The Orange Bowl is existing
and it is important. Now that they found a burial ground up
in north, I mean, what else could go wrong for poor Joe
Robbie? I feel sorry for him because he's had personal
problems in his family. I think it's regretful, but the man
has had law suits; he's said burial grounds, everything. I
mean it's one thing after another. The fact is I don't
think it's any secret that no matter what happens, we will
not have a new football stadium by 1986, 187. It also is
common knowledge that there are two members of this
Commission at least who will be here when the re -negotiation
comes around to extend that contract. There might be more
than two. As a matter of fact, I think that we may have a
very similar, if not an identical Commission, when that
happens. I think that all has to be taken into account.
The point is that Metropolitan Dade County needs to realize
and Mr. Robbie needs to realize that they are not through
with the City of Miami yet. So we need ... this is one of the
items that needs to be discussed between the City and Metro.
Mr. Dawkins: I'd like to know why is it....
Mr. Carollo: Don't be shy, Miller, tell the Mayor why you
disagree with the most with his statement. There'll be
three Commissioners around, including yourself and myself.
Mr. Dawkins: Well, but, I'd like to know why is it that the
County Commission... I'd like to know what is it that makes
the Dade County Commissioners the persons who can determine
what's best for the City of Miami. That irritates me.
Secondly, we need the Orange Bowl. We have to have high
school games played in it. Will you tell me, just off the
top of your head in the last eight months, the revenue...no,
go back to the first demolition derby and just rattle off
the revenue that we made from the Orange Bowl, Odio.
Mr. Cesar Odio: This year we have been slow; we had the
Michael Jackson concert and we had the truck derby and
sl
51
March 21, 1985
s
`
that's about all we had this year and now Prince. But we
have an obligation, which is separate to and from the Miami
Dolphins that is a concern to us, which is the University of
Miami Hurricanes, which will be playing there.
f-
i.
Mayor Ferre: And the Orange Bowl.
r
Mr. Odio: And the Orange Bowl Classic, which will be played
there until 1991.
Mr. Dawkins: But we still have to make the structural
repairs that our expert is saying has to be done to make
#
this place safe.
Mr. Odio: We're three years behind on that.
Mr. Dawkins: If we did not have the restrictions placed on
us by the Dolphins contract, there's a possibility that we
could have more revenue producing affairs. Is that a
correct statement or wrong statement?
Mr. Odio: Honestly, I don't think during the football
season we could have more affairs than what we have now.
Mr. Dawkins: Nov I'm saying if it were not for the
restrictions that our contract with the Dolphins are placed
on us could we have more revenue producing events.
Mr. Odio: Commissioner, I don't think so. I do think we
would have maybe more revenues from the concessions areas -
which we have given to the Miami Dolphins exclusively. That
we could negotiate. As far as having more events, I don't
think so, during the football season....
Mr. Dawkins: I mean year round.
Mr. Odio: Year round, we're trying to get more. Right now
we have no restrictions from the Miami Dolphins to do so,
but the Orange Bowl as it is right now is very difficult
because we don't have a permanent stage and every time you
bring a major concert into town, you're talking about up —
front $70,000 or $80,000 just on the stage alone.
Mr. Dawkins: O.K., thank you.
Mayor Ferre: I think the point is to our brethren and
colleagues over there in Metropolitan Dade County
Commission, every time they play, they talk about us being
parochial and they end up playing these games that are
contrary to the expressed will of the people who voted on
this, and then they come around and by restricting these
monies that are coming into the City of Miami for Orange
Bowl repairs, they are in effect hurting the community,
because if it creates doubts and problems for the City of
Miami, they seem to forget that the residents of the City of
Miami are also residents of Metropolitan Dade County. Y
They're always on this we and they posture, when they forget
that we are they. Here we are again. The issue is very
simple. That is that we have a fiduciary responsibility. I
think, Lucia, there is a legal aspect that has never been
totally clarified. I would like to request before this
meeting with the Metropolitan Dade County Commission, you
give us a formal legal opinion on the legal rights, because
:.
I will remind you that even though in the ballot itself I
don't think it was specified, -was it, J.L.?- It was
specified. Then I think that makes it even stronger. If
the people of Dade County voted on this on this premise with
the specific wording that these monies are to go to repair
the Orange Bowl, then how can a county Commission supersede
y
the expressed will of the majority of the people that voted
on that tax issue?
sl 52 March 21, 1985
Mr. Plummer: Without going back to a referendum.
Mayor Ferre: Without going back to a referendum. I'd like
a legal opinion. When you do that, I would like for you to
consult with your colleague, Mr. Ginsburg and send him a
copy and I would respectfully request that the County
Attorney also give a legal opinion on that, because I think
we're just talking words and the reality of it is just that
there is no problem. I think what they are doing is they're
breaking a legal contract, not with us, with the people of
Dade County. I think they need to be made aware of that.
We need to bring to the forefront that once you give your
word on something, peoples' words are important. The Herald
is always quoting me saying that I am accusing them of
playing dirty pool. I don't know what else you want to call
it. When you give your word to do something, I think you
have to live up to it. Anything else on item "G"? Lucia,
you don't need to memorialize that? Do you?
i
k--- --- - - -- -- -- - -- -- -- -- -- -- - - -- -- - - - - -- - -- -- ------ ---- - - ----
i
24 APPOINT COMMISSIONER PEREZ TO INTERVIEW & INVESTIGATE
WEEKLY NEWSPAPERS FOR POSSIBLE CITY ADVERTISING
!------------------------------------------------------------
Mayor Ferre: Item "H", placement of City ads, Miami News,
Diario las Americas, The Miami Review, Miami Times, and
Patria.
Mr. Ralph G. Ongie: Mr. Mayor, this is here pursuant to
your resolution in 1984, which said in section 1 that the
newspapers or newspapers of general circulation to be used
for the placement of notices and advertisements will be
selected by the City Commission at or near the beginning of
each calendar year.
Mayor Ferre: What's the will of the Commission?
Mr. Carollo: What are the newspapers that we are presently
advertising on?
Mr. Ongie: We are presently, pursuant to your directions,
we are presently using The Miami News, Diario, Miami
' Review, Miami Times, Patria, and the last action of the City
Commission was July 30,-1984 and it included the Black Miami
Weekly. So there is a total of six.
Mr. Perez: I think that we approved another paper, no?
Mr. Carollo: What I'm seeing is that we have Diarios, which
is the only daily Spanish newspaper in Dade County. We have
the Miami News, then we have The Miami Review, which we need
to have. It's the least expensive one and it's the legal
one. We have the Miami Times, which is the weekly Black
newspaper. What I'm seeing is that I think we're spending
more funds than we really should in additional newspapers
and getting ourselves into a box with many other weeklies by
giving to some but not to others.
Mr. Perez: Did we have any other applicants?
Mr. Ongie: No, sir, we don't.
Mr. Carollo: This is something you don't apply to, like
when you run for City Commissioner.
r.:
sl 53 March 21, 1985
LA
Mr. Perez: Yes, but I hear from Prensa Grafica who was here
and he told me that he applied last week and he sent a
letter to the City Clerk.
4
Mr. Ongie: I believe that is in your packet, or it should
have been.
Mr. Perez: I don't have any letter.
Mr. Carollo: Mr. Mayor, I suggest that we appoint -no, not
an impartial review, but I would trust my colleague,
Demetrio Perez, as a one man committee of the Commission to
personally interview all the owners and directors of all
these weekly newspapers and to come back to us with a
recommendation of what we should do. So, I move.
Mr. Plummer: I second it.
s, Mr. Carollo: Plummer seconds it. Hearing no further
discussion, call we call the roll, Mr. Clerk.
Mayor Ferre: No, wait.
Mr. Perez: Could I call this Prensa Grafica -what is the
name? Raul Oliva.
Mr. Carollo: Can you get the circulation of that for us, if
you would?
Mr. Plummer: It says 18,000.
Mr. Perez: Usted me dijo que habia aplicado aqui al City
Clerk.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mayor Ferre: Let me say that it doesn't matter whether they
applied or not. They do not meet the requirements, period.
Unless we change the requirements that this City Commission
has established... if you want to start changing t'iie
requirements, I guarantee you there will be 30 newspapers
that want advertising. In fact, there will be several new
ones....
Mr. Carollo: What are the requirements again, Mr. Mayor?
Mayor Ferre: I think the Clerk can read the requirements
off from the resolution of the City of Miami.
Mr. Ongie: I don't have it right in front of me, but my
memory is that they had to be of general circulation. We
always talked about what percentage of the circulation was
in the City of Miami.
Mayor Ferre: There was a specific percentage, that I think
half of it had to be circulated in the City. It had to be
five years old. It had to have a minimum circulation of
100000. I don't remember the specifics, but there were
minimum requirements. Obviously, what happens is most if
not all these weeklies do not meet those requirements.
Mr. Perez: Would it be possible to get a copy of that
requirement that you mentioned, because I think we have
approved different....
Mr. Plummer: All committee chairmen should have those.
4: Mayor Ferre: I think you ought to be guided by or recommend
changes, the Haitian newspaper.
t sl 54 March 21, 1985
t'
1:
f
1
UNIDENTIFIED SPEAKER: That's exactly what I'm here for. I
was going to say that they are always forgetting the Haitian
community. So, if they are adding some more, they should be
thinking about the Haitian community.
Mayor Ferre: I think we're not always.
Mr. Carollo: I agree; I think we should keep in mind the
American Indians newspapers too.
Mayor Ferre: I think there is a motion on the floor which I
have not recognized but I will recognize that Commissioner
Perez be a committee of one to look at the previous
resolutions, look at the people who are interested and come
back and report to us.
S
{ Mr. Carollo: And meet with all these people individually
and come back and report on it.
Mayor Ferre: Fine.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-244
A MOTION APPOINTING COMMISSIONER DEMETRIO
PEREZ AS A COMMITTEE OF ONE TO CONDUCT
INTERVIEWS WITH THE OWNERS/DIRECTORS OF
WEEKLY NEWSPAPERS SERVING THE CITY OF MIAMI
TO DETERMINE THEIR ELIGIBILITY FOR FUTURE
CITY OF MIAMI ADVERTISING.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
On roll call:
Mr. Plummer: As long as it is before November, Yes.
Mayor Ferre: Of course, it is understood that in the
meantime we continue advertising in the newspapers.
Mr. Ongie: As is.
Mr. Carollo: Commissioner, I understand Zig Zag was
interested, if you'd like their last issue I'd be happy to
provide you with it so you can review it.
------------------------ ------------------------------------
25. CONSENT AGENDA.
---------- ------------------------------- -------------------
The Consent Agenda was comprised of items 1 through 38,
items 2, 91 139 179 19, 20, 22, 26, 30 and 31 were pulled
from the Consent Agenda for further discussion.
sl 55 March 21, 1985
6 0
The following resolutions were introduced by
Commissioner Carollo, seconded by Commissioner Perez and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
25.1 CLAIM SETTLEMENT - MARIA ARGUELLES.
RESOLUTION NO. 85-245
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MARIA ARGUELES AND
NILO ARGUELLES, INDIVIDUALLY AND AS
HUSBAND AND WIFE THE AMOUNT OF $990009
WITHOUT THE ADMISSION OF LIABILITY, IN
FULL AND COMPLETE SETTLEMENT OF ALL
BODILY INJURY, PERSONAL INJURY
PROTECTION LIENS, WORKERS' COMPENSATION
LIENS, CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI AND PEDRO PORFIRIO
CARTAYA, AND UPON EXECUTION OF RELEASE
RELEASING THE CITY OF MIAMI AND PEDRO
PORFIRIO CARTAYA FROM ALL CLAIMS AND
DEMANDS.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.2 CLAIM SETTLEMENT - ROBERT LINCOLN.
RESOLUTION NO. 85-246
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ROBERT LINCOLN THE
AMOUNT OF SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($79500.00), WITHOUT ANY
ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL INJURY, PROTECTION
LIENS, CLAIMS, DEMANDS AGAINST THE CITY
OF MIAMI AND UPON THE EXECUTION OF A
RELEASE RELEASING THE CITY FROM ALL
CLAIMS AND COUNTER CLAIMS AND DEMANDS.
(Here follows body of resolution,
omitted here and on file in the Office
I i of the City Clerk)
sl
56
March 21, 1985
i
25.3 EXTENSION OF EMPLOYMENT - OSCAR T. DIAZ.
RESOLUTION NO. 85-247
A RESOLUTION APPROVING A TWO YEAR
EXTENSION OF EMPLOYMENT PAST THE AGE OF
74 FOR OSCAR T. DIAZ, PROPERTY
SPECIALIST 8, DEPARTMENT OF POLICE,
EFFECTIVE FEBRUARY 1, 1985 THROUGH
JANUARY 31, 1987, WITH THE PROVISION
that IN THE EVENT OF A ROLLBACK OR
LAYOFF, OSCAR T. DIAZ' PHYSICAL
CONDITION SHALL BE RE-EVALUATED TO
DETERMINE IF HIS CONDITION IS
SATISFACTORY FOR CONTINUED EMPLOYMENT.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.4 CORRECT SCRIVENER'S ERROR IN R-85-176
RESOLUTION NO. 85-248
A RESOLUTION CORRECTING A SCRIVENER'S
ERROR IN RESOLUTION NO. 85-1769 ADOPTED
FEBRUARY 28, 1985, ENTITLED:
"A RESOLUTION CODESIGNATING
NORTHWEST 7TH STREET BETWEEN
NORTHWEST 7TH AVENUE AND NORTHWEST
10TH AVENUE AS ED NEWMAN STREET IN
HONOR OF ED NEWMAN AND DIRECTING
THE CITY CLERK TO FORWARD A COPY
OF THIS RESOLUTION TO CERTAIN
GOVERNMENT ENTITLES."
BY SUBSTITUTING "NORTHWEST 17TH STREET"
IN PLACE OF "NORTHWEST 7TH STREET" IN
SECTION 1 OF SAID RESOLUTION NO. 85-176.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.5 CORRECT SCRIVENER'S ERROR IN RESO 85-
177 - CODESIGNATE PORTION OF N. BAYSHORE
DRIVE AS PLAZA VENETIA WAY.
RESOLUTION NO. 85-249
A RESOLUTION CORRECTING A SCRIVENER'S
ERROR IN RESOLUTION NO. 85-177, ADOPTED
FEBRUARY 28, 1985, WHICH HAD INCORRECTLY
CODESIGNATED A PORTION OF NORTHEAST 17TH
TERRACE AS PLAZA VENETIA WAY, BY
REPEALING SECTION 1 OF SAID RESOLUTION
NO. 85-177 AND SUBSTITUTING THEREFOR
PROVISIONS WHICH CORRECTLY CODESIGNATE
NORTH BAYSHORE DRIVE BETWEEN NORTHEAST
17TH TERRACE AND NORTHEAST 15TH STREET
AS PLAZA VENETIA WAY.
(Here follows body of resolution,
omitted here and on file in the Office
sl
57
March 21, 1985
i
of the City Clerk.)
25.6 ACCEPT COMPLETED WORK - P.N.M. CORP. -
ALLAPATTAH MINI PARK.
RESOLUTION NO. 85-250
A RESOLUTION ACCEPTING THE COMPLETED
WORK PERFORMED BY P.N.M. CORPORATION AT
A TOTAL COST OF $659800.40 FOR
ALLAPATTAH MINI PARK - DEVELOPMENT A
COMMUNITY DEVELOPMENT PROJECT; ASSESSING
$2,000.00 AS LIQUIDATED DAMAGES FOR 10
DAYS OVERRUN OF CONTRACT TIME; AND
AUTHORIZING A FINAL PAYMENT OF
$52203.04.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.7 ACCEPT COMPLETED WORK - L 7 F
PROPERTIES, INC. - MIAMI STADIUM CONCERT
STAGE ROOF.
RESOLUTION NO. 85-251
A RESOLUTION ACCEPTING THE COMPLETED
WORK OF L 7 F PROPERTIES, INC. AT A
TOTAL COST OF $153,545.40 FOR MIAMI
STADIUM - CONCERT STAGE ROOF AND
AUTHORIZING A FINAL PAYMENT OF
$11,345.40.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.8 PUBLISH NOTICE OF PUBLIC HEARING -
ACCEPTANCE OF COMPLETED WORK - OVERTOWN
HIGHWAY IMPROVEMENT H-4492 - BID "C".
RESOLUTION NO. 85-252
A RESOLUTION DIRECTING THE CITY CLERK
TO PUBLISH A NOTICE OF PUBLIC HEARING
FOR OBJECTIONS TO THE ACCEPTANCE BY THE
CITY COMMISSION OF THE COMPLETED
CONSTRUCTION BY IRWIN GREENWELL, INC. OF
OVERTOWN HIGHWAY IMPROVEMENT - BID "C"
IN OVERTOWN HIGHWAY IMPROVEMENT DISTRICT
H-4492; SAID NOTICE SHALL BE PUBLISHED
IN COMPLIANCE WITH THE PROVISIONS OF
RESOLUTION NO. 84-459 ADOPTED JANUARY
19K 1984, CONCERNING THE PUBLICATION OF
CITY NOTICES.
(Here follows body of resolution,
omitted here and on file in the Office
sl 58 March 21, 1985
of the City Clerk.)
25.9 PUBLISH NOTICE OF PUBLIC HEARING -
ACCEPTANCE OF COMPLETED WORK - OVERTOWN
HIGHWAY IMPROVEMENT H-4492 - BID "A" &
"B"
RESOLUTION NO. 85-253
A RESOLUTION DIRECTING THE CITY CLERK
TO PUBLISH A NOTICE OF PUBLIC HEARING
FOR OBJECTIONS TO THE ACCEPTANCE BY THE
CITY COMMISSION OF THE COMPLETED
CONSTRUCTION BY M. VILA AND ASSOCIATES,
INC., OF OVERTOWN HIGHWAY IMPROVEMENT -
BIDS "A" AND "B" IN OVERTOWN HIGHWAY
IMPROVEMENT DISTRICT H-4492; SAID NOTICE
SHALL BE PUBLISHED IN COMPLIANCE WITH
THE PROVISIONS OF RESOLUTION NO. 84-45,
ADOPTED JANUARY 19, 1984, CONCERNING THE
PUBLICATION OF CITY NOTICES.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.10 PUBLISH NOTICE OF PUBLIC HEARING -
ACCEPTANCE OF COMPLETED WORK -
ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEMENT - H-4485 - PHASE I.
RESOLUTION NO. 85-254
j A RESOLUTION DIRECTING THE CITY CLERK
TO PUBLISH A NOTICE OF PUBLIC HEARING
FOR OBJECTIONS TO THE ACCEPTANCE BY THE
CITY COMMISSION OF THE COMPLETED
CONSTRUCTION BY FRE CONSTRUCTION CO.,
INC. OF ALLAPATTAH INDUSTRIAL AREA
HIGHWAY IMPROVEMENT - PHASE I IN
ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEMENT DISTRICT H-4485; SAID NOTICE
SHALL BE PUBLISHED IN COMPLIANCE WITH
THE PROVISIONS OF RESOLUTION NO. 84-451
ADOPTED JANUARY 19, 1984, CONCERNING THE
PUBLICATION OF CITY NOTICES.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.11 BID ACCEPTANCE - P.N.M. CORP. -
ALLAPATTAH INDUSTRIAL AREA STREET
IMPROVEMENTS PHASE II, BIDS "A" AND "C".
sl 59 March 21, 1985
25. 12
RESOLUTION NO. 85-255
A RESOLUTION ACCEPTING THE BID OF
P.N.M. CORPORATION IN THE proposed
AMOUNT OF $191779544.22, BIDS "A" AND
"C" OF THE PROPOSAL, FOR ALLAPATTAH
INDUSTRIAL AREA HIGHWAY IMPROVEMENT -
PHASE II WITH MONIES THEREFOR ALLOCATED
FROM THE "ALLAPATTAH INDUSTRIAL AREA
STREET IMPROVEMENTS PHASE II" ACCOUNT IN
THE AMOUNT OF $1,177,544.22 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID FUND
THE AMOUNT OF $1649856.78 TO COVER THE
COST OF PROJECT EXPENSE; ALLOCATING FROM
SAID FUND THE AMOUNT OF $239551.00 TO
COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE AMOUNT OF
$23,551.00 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; ALLOCATING
FROM SAID FUND THE AMOUNT OF $6,830.00
TO COVER THE INDIRECT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM; AND DIRECTING
THE CITY CLERK TO PUBLISH A NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE
ACCEPTANCE BY THE CITY COMMISSION OF THE
COMPLETED CONSTRUCTION BY P.N.M.
CORPORATION OF ALLAPATTAH INDUSTRIAL
AREA HIGHWAY IMPROVEMENT - PHASE II BIDS
"A" AND "C" UPON SATISFACTORY COMPLETION
OF SAID CONSTRUCTION; SAID NOTICE SHALL
BE PUBLISHED IN COMPLIANCE WITH THE
PROVISIONS OF RESOLUTION NO. 84-45,
ADOPTED JANUARY 199 19849 CONCERNING THE
PUBLICATION OF CITY NOTICES.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
BID ACCEPTANCE - MIRI CONSTRUCTION,
INC. - ALLAPATTAH INDUSTRIAL AREA STREET
IMPROVEMENTS PHASE II, BID "B".
RESOLUTION NO. 85-256
A RESOLUTION ACCEPTING THE BID OF MIRI
CONSTRUCTION, INC. IN THE proposed
AMOUNT OF $1439969.229 BID "B" OF THE
PROPOSAL, FOR ALLAPATTAH INDUSTRIAL AREA
HIGHWAY IMPROVEMENT - PHASE II WITH
MONIES THEREFOR ALLOCATED FROM THE
"ALLAPATTAH INDUSTRIAL AREA STREET
IMPROVEMENTS PHASE II" ACCOUNT IN THE
AMOUNT OF $1439969.22 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID FUND
THE AMOUNT OF $20,155.78 TO COVER THE
COST OF PROJECT EXPENSE; ALLOCATING FROM
SAID FUND THE AMOUNT OF $2,880.00 TO
COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; ALLOCATING FROM SAID FUND THE
AMOUNT OF $835.00 TO COVER THE INDIRECT
COST; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM;
AND DIRECTING THE CITY CLERK TO PUBLISH
A NOTICE OF PUBLIC HEARING FOR
OBJECTIONS TO THE ACCEPTANCE BY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION
sl 60 March 21, 1985
0
BY MIRI CONSTRUCTION, INC. OF ALLAPATTAH
INDUSTRIAL AREA HIGHWAY IMPROVEMENT -
PHASE II BID "B' UPON SATISFACTORY
COMPLETION OF SAID CONSTRUCTION; SAID
NOTICE TO BE PUBLISHED IN COMPLIANCE
WITH THE PROVISIONS OF RESOLUTION NO.
84-45, ADOPTED JANUARY 199 19849 —_
CONCERNING THE PUBLICATION OF CITY
NOTICES.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.13 BID ACCEPTANCE - MIAMI INTERNATIONAL
LAWN & JANITORIAL SERVICE - MIAMI POLICE
DEPARTMENT BUILDING.
RESOLUTION NO. 85-257
A RESOLUTION ACCEPTING THE BID OF MIAMI
INTERNATIONAL LAWN & JANITORIAL SERVICE
FOR FURNISHING CUSTODIAL SERVICES AT THE
MIAMI POLICE DEPARTMENT BUILDING ON A
CONTRACT BASIS FOR ONE (1) YEAR
RE14EWABLE ANNUALLY TO THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE AT A
TOTAL PROPOSED FIRST YEAR COST OF
$1169412.24; ALLOCATING FUNDS THEREFOR
FROM THE 1984-85 OPERATING BUDGET OF THE
DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR THIS SERVICE.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.14 RESCIND BID AWARD - MEDCO INTERNATIONAL;
BID ACCEPTANCE - MASSEY FERGUSON - LO-
BOY TRACTORS.
RESOLUTION NO. 85-258
A RESOLUTION RESCINDING THE BID AWARD
TO MEDCO INTERNATIONAL FOR FURNISHING
SIX (6) LO-BOY TRACTORS AT A TOTAL COST
OF $319890.00, BECAUSE SAID FIRM HAS
GONE OUT OF BUSINESS AND CANNOT SUPPLY
THE TRACTORS AS BID, FURTHER ACCEPTING
THE BID OF MASSEY FERGUSON, THE NEXT
LOWEST RESPONSIBLE AND RESPONSIVE
BIDDER, FOR FURNISHING SAID EQUIPMENT
FOR THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE AT A TOTAL proposed
COST OF $34,740.00 WITH FUNDS THEREFOR
PREVIOUSLY ALLOCATED UNDER RESOLUTION
NO. 85-132 ADOPTED FEBRUARY 14, 1985 IN
THE 1984-85 OPERATING BUDGET OF SAID
DEPARTMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
sl
61
March 21, 1985
25.15 AUTHORIZE LEASE OF IBM DISPLAYWRITER -
OFFICE OF PROFESSIONAL COMPLIANCE.
RESOLUTION NO. 0-5-259
A RESOLUTION AUTHORIZING THE LEASE OF
ONE (1) IBM DISPLAYWRITER FROM IBM
CORPORATION UNDER A CURRENTLY EFFECTIVE
STATE OF FLORIDA CONTRACT FOR THE OFFICE
OF PROFESSIONAL COMPLIANCE AT A TOTAL
PROPOSED FIRST YEAR COST OF $10,596.00;
ALLOCATING FUNDS THEREFOR FROM THE 1984-
85 OPERATING BUDGET OF THAT OFFICE;
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.)
25.16 ORDERING RESOLUTION - FAIRLAWN NORTH
SANITARY SEWER IMPROVEMENT SR-5491.
RESOLUTION NO. 85-260
A RESOLUTION ORDERING FAIRLAWN NORTH
SANITARY SEWER IMPROVEMENT SR-5491 AND
DESIGNATING THE PROPERTY AGAINST WHICH
SPECIAL ASSESSMENTS SHALL BE MADE FOR A
PORTION OF THE COST THEREOF AS FAIRLAWN
NORTH SANITARY SEWER IMPROVEMENT
DISTRICT - SR-5491-C.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.17 PLAT ACCEPTANCE - "COCONUT GROVE
STATION".
RESOLUTION NO. 85-261
A RESOLUTION ACCEPTING THE PLAT
ENTITLED "COCONUT GROVE STATION", 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.
25.18 AUTHORIZE AGREEMENT - SOUTHERN POLICE
INSTITUTE.
RESOLUTION NO. 85-262
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH THE SOUTHERN
POLICE INSTITUTE TO CONDUCT A ONE -WEEK
POLICE EXECUTIVE DEVELOPMENT SEMINAR FOR
THE CITY OF MIAMI POLICE DEPARTMENT WITH
sl 62 March 21, 1985
0 0
25. 19
25.20
25.21
_
y
s l
FUNDS ALLOCATED IN AN AMOUNT NOT TO
EXCEED $59000 FROM CURRENTLY
APPROPRIATED REGION XIV FUNDS.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
AUTHORIZE AGREEMENT - VALLE AXELBERD &
ASSOCIATES, INC.
RESOLUTION NO. 85-263
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH VALLE
AXELBERD AND ASSOCIATES, INC. FOR THE
PURPOSE OF PROVIDING STRESS CONTROL
TRAINING DURING FISCAL YEAR 1985 TO
MEMBERS OF THE MIAMI I POLICE
DEPARTMENT, WITH THE COST OF SAID
CONTRACT NOT TO EXCEED $229130 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.)
AUTHORIZE AGREEMENT - VALLE AXELBERD &
ASSOCIATES, INC.
RESOLUTION NO. 85-264
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH VALLE
AXELBERD AND ASSOCIATES, INC. FOR THE
PURPOSE OF PROVIDING PSYCHOLOGICAL
SERVICES DURING FISCAL YEAR 1985 TO
MEMBERS OF THE MIAMI POLICE DEPARTMENT,
WITH THE COST OF SAID CONTRACT NOT TO
EXCEED $36,000 WITH FUNDS THEREFOR
ALLOCATED FROM THE 1984-85 BUDGETED
POLICE FUNDS.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
TRANSFER RIGHT-OF-WAY 1ST STREET TO
STATE HIGHWAY SYSTEM.
RESOLUTION NO. 85-265
A RESOLUTION TRANSFERRING THE RIGHT-OF-
WAY OF N.W. AND N.E. 1ST STREET BETWEEN
WEST 2ND AVENUE AND BISCAYNE BOULEVARD
WITHIN THE CITY OF MIAMI TO THE
JURISDICTION OF THE STATE HIGHWAY SYSTEM
IN CONFORMANCE WITH SECTION 337.29
FLORIDA STATUTES AND SHOWN ON RIGHT OF
WAY PLAT TO BE RECORDED IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA; AND
AUTHORIZING AND DIRECTING THE CITY
MANAGER, THE CITY CLERK AND THE CITY
ATTORNEY TO EXECUTE THE PLAT.
63
March 21, 1985
p
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.22 APPROVE SELECTION OF FIRMS FOR
DEVELOPMENT OF A COMPREHENSIVE STORM
DRAINAGE MASTER PLAN FOR THE CITY.
RESOLUTION NO. 85-266
A RESOLUTION APPROVING THE SELECTION BY
THE COMPETITIVE SELECTION COMMITTEE OF
THE MOST QUALIFIED FIRMS, BY RANK ORDER,
TO PROVIDE A PROFESSIONAL SERVICES
CONTRACT FOR THE DEVELOPMENT OF A
COMPREHENSIVE STORM DRAINAGE MASTER PLAN
FOR THE CITY; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A PROFESSIONAL
SERVICE CONTRACT WITH THE RANK ORDERED
FIRMS; AND DIRECTING THE CITY MANAGER TO
PRESENT A NEGOTIATED CONTRACT TO THE
CITY COMMISSION FOR APPROVAL.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.23 APPROVE SELECTION OF FIRMS FOR "A STUDY
ON HOW TO BEST ACHIEVE A COST REDUCTION
IN THE CITY'S STREET LIGHTING SYSTEM".
RESOLUTION NO. 85-26T
A RESOLUTION APPROVING THE SELECTION BY
THE COMPETITIVE SELECTION COMMITTEE OF
THE MOST QUALIFIED FIRMS, BY RANK ORDER,
TO PROVIDE A PROFESSIONAL SERVICES
CONTRACT FOR "A STUDY ON HOW TO BEST
ACHIEVE A COST REDUCTION IN THE CITY'S
STREET LIGHTING SYSTEM"; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE A PROFESSIONAL
SERVICE CONTRACT WITH THE RANK ORDERED
FIRMS; AND DIRECTING THE CITY MANAGER TO
PRESENT A NEGOTIATED CONTRACT TO THE
CITY COMMISSION FOR APPROVAL.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.24 APPROVE SELECTION OF FIRMS TO CONDUCT A
RIGHT-OF-WAY CONDITION SURVEY AND
DEVELOP AN ANNUAL MAINTENANCE WORK
PROGRAM A BUDGET FOR THE CITY.
RESOLUTION NO. 85-268
A RESOLUTION APPROVING THE SELECTION BY
THE COMPETITIVE SELECTION COMMITTEE OF
THE MOST QUALIFIED FIRMS, BY RANK ORDER,
TO PROVIDE A PROFESSIONAL SERVICES
CONTRACT TO CONDUCT A RIGHT-OF-WAY
(STREET) CONDITION SURVEY AND DEVELOP AN
ANNUAL MAINTENANCE WORK PROGRAM & BUDGET
FOR THE CITY; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A PROFESSIONAL
SERVICE CONTRACT WITH THE RANK ORDERED
FIRMS; AND DIRECTING THE CITY MANAGER TO
PRESENT A NEGOTIATED CONTRACT TO THE
CITY COMMISSION FOR APPROVAL.
sl 64 March 21, 1985
9
v
,A
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.25 ALLOCATE $4,000 - UPGROVE THEATRE, INC.
RESOLUTION NO. 85-269
A RESOLUTION ALLOCATING AN AMOUNT NOT
TO EXCEED $4,000 FROM SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF A WORKSHOP PERFORMANCE
PROGRAM TO BE PRESENTED BY UPGROVE
THEATRE, INC.; SAID ALLOCATING BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE
WITH CITY OF MIAMI ADMINISTRATIVE POLICY
NO. APM-1-841 DATED JANUARY, 1984.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
25.26 ALLOCATE $12,000 - 1985 ROWING CLUB
REGATTA.
RESOLUTION NO. 85-270
A RESOLUTION ALLOCATING AN AMOUNT NOT
TO EXCEED $129000 FROM SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND, TO COVER
THE COST OF PROMOTION FOR THE 1985
ROWING CLUB REGATTA, TO BE HELD AT THE
MIAMI MARINE STADIUM ON MARCH 30 AND 31,
1985; 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)
0
25.27 ALLOCATE $5,000 - SELECT COMMITTEE
EXPENSES TO SECURE 1989 SUPER BOWL.
RESOLUTION N0. 85-271 -
A RESOLUTION RATIFYING AND CONFIRMING
THE ALLOCATION OF AN AMOUNT NOT TO
EXCEED $5,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO COVER THE
EXPENSES OF A SELECT COMMITTEE WHICH
TRAVELED TO ARIZONA, IN ORDER TO MAKE A
PRESENTATION BEFORE THE NATIONAL
FOOTBALL LEAGUE MEETING MARCH 11-15,
19859 TO SECURE A COMMITMENT THAT THE
1989 SUPER BOWL GAME BE PLAYED IN MIAMI
AND THE DESIGNATION OF VICE -MAYOR JOE
CAROLLO TO ACT AS LIAISON FOR THE CITY
COMMISSION.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
--- -- - - -- - - - ----
26. ALLOCATE $109000 FEE WAIVER CONVENTION CENTER IH SUPPORT
OF FIRST ANNUAL PROFESSIONAL FOOTBALL PLAYERS CHARITY
BASKETBALL TOURNAMENT.
------------------------------------------------------------
Mayor Ferre: All right, is there anything else to come up
before this Commission at this time? Is there anybody here
waiting on any issue that we need to deal with? Yes, sir.
UNIDENTIFIED SPEAKER: Mr. Mayor, we had an issue that is
listed as #85. We had requested that it be taken care of
this morning.
s
i Mayor Ferre: What is Item #85?
t
i UNIDENTIFIED SPEAKER: It pertains to a resolution, a motion
was made and we received from the motion a very positive
j effect on the City Manager's people as far as recommending
i us for ...
Mayor Ferre: Football Player's Charity Festival.
UNIDENTIFIED SPEAKER: Yes, sir, and we are in a position
today, and the Knight Center is currently waiting on this
resolution from the Commission.
Mayor Ferre: We also need your name for the record.
Mr. Warren Sands: Warren Sands.
Mayor Ferre: Does anybody have any objections to Item 85?
Mr. Plummer: What is the charity?
Mr. Sands: The money is going through AIM which is Athletes
In Motion which is a charity that Nat Moore came and spoke
to you about and the money is going directly to the Save the
Children Foundation. AIM is hosting the event, Save the
Children is the benefactor.
Mr. Plummer: Are they showing in that report that the City
of Miami gave $10,000 to the charity?
sl 66 March 21, 1985
Mr. Sands: Well, the City is being credited for the $109000
in in -kind services.
Mayor Ferre: This is what Nat Moore has been calling you
about and it has to do with that Ethiopian thing.
Mr. Plummer: I'm all in favor of it. All right? But is it
shown in that report that the City of Miami contributed
$10, 000?
Mr. Sands: Yes, sir, it was shown in the report, it was
shown in the front of the Sports Section on two separate
occasions that the City of Miami was giving and the City
will continue to receive favorable publicity through the
event Friday and Saturday as all the Commissioners have been
invited to speak with the press at the event.
The following resolution was introduced by Commissioner
Plummer,'who moved its adoption:
RESOLUTION NO. 85-272
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $10,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE FUND, FOR A FEE
WAIVER FOR THE USE OF THE MIAMI CONVENTION
CENTER ON MARCH 22 AND 239 1985, IN SUPPORT
OF THE FIRST ANNUAL PROFESSIONAL FOOTBALL
PLAYERS CHARITY BASKETBALL TOURNAMENT; SAID
ALLOCATION BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY NO. APM-1-84, DATED
JANUARY 240 1984, UPON EVENT -GENERATED
PROCEEDS BEING CONTRIBUTED TO THE ETHIOPIAN
HUNGER DRIVE.
(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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THEREUPON, THE CITY COMMISSION RECESSED AT 12:30 P.M.
AND RECONVENED AT 2:51 P.M. WITH COMMISSIONERS CAROLLO AND
PEREZ ABSENT.
sl
67
March 21, 1985
------ --- -- ----- -- - - - -- ------
27. SECOND READING ORDINANCE: AMEND CHAPTER 54 OF THE CITY
CODE RIGHT OF MAT DEDICATION REQUIRED PRIOR TO ISSUANCE
OF PERMITS COVENANT REQUIRED, ETC.
------------------------------------------------------------
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 54 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "STREETS AND
SIDEWALKS" BY ENACTING A NEW SECTION 54-
47 ENTITLED "RIGHT-OF-WAY DEDICATION
REQUIRED PRIOR TO ISSUANCE OF PERMITS";
ADDING A NEW SECTION 54-48 ENTITLED
"COVENANT REQUIRED PRIOR TO ISSUANCE OF
PERMITS"; AND CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of
February 14, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Dawkins,
seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9966
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.
28. SECOND READING ORDINANCE: ESTABLISH NEW CAPITAL
IMPROVEMENT PROJECT "BAYFRONT PARK REDEVELOPMENT - UDAG*
APPROPRIATE $690139000 FEDERAL FUNDS.
Mayor Ferre: Item 44 is the UDAG application for the
Bayside Project. Is there a motion on that? Plummer moves.
Dawkins, you all right on that?
Mr. Dawkins: Mr. Mayor, I'm going to second it but I still
have yet to see the minority plan of this project. But I'm
going to second it and I don't know when they plan to come
up with this plan.
Mayor Ferre: Does anybody want to speak on Item 44? Let
the record reflect nobody stood on that.
AN ORDINANCE ENTITLED-
sl
March 21, 1985
9
j AN ORDINANCE AMENDING ORDINANCE NO.
99399 ADOPTED DECEMBER 20, 19849 THE
CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE BY ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT, "BAYFRONT PARK
REDEVELOPMENT - UDAG" AND APPROPRIATING
FEDERAL FUNDS FOR SAME IN THE AMOUNT OF
$69013,000; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of
February 28, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
f
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9967
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
ON ROLL CALL:
Mr. Dawkins: Ism voting yes but I will not vote for
anything else on Bayside until I see their Minority
Participation Plan.
- - ----- - ---- - - - -
29. FIRST READING ORDINANCE: INCREASE APPROPRIATIONS FOR
INVENTORY OF BURROUGHS B-20 SUPPLIES.
------------------------------------------------------------
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING SECTIONS 4 AND 6
OF ORDINANCE NO. 9901 ADOPTED SEPTEMBER
219 1984, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1985, BY INCREASING THE
APPROPRIATIONS FOR THE INTERNAL SERVICE
FUND, CENTRAL STORES IN THE AMOUNT OF
$50t000 FOR THE PURPOSE OF CONTINUING
THE INVENTORY OF BURROUGHS B-20 SUPPLIES
(I.E., PRINT WHEELS, FLOPPY DISKS,
RIBBONS, PAPER, ETC.) DURING FY-85.
REVENUE IN A LIKE AMOUNT WILL BE
AVAILABLE FROM VARIOUS CITY DEPARTMENTS;
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
RT
69 March 21, 1985
0
?y"
title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
The 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.
--- - - ------
30. FIRST READING ORDINANCE: AMEND SEC. 30-539 549 55 GREEN
FEES CART FEES AND SPECIAL FEES.
------------------------------------------------------------
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTIONS (A)(1)
AND (2) OF SECTION 30-53, ENTITLED
"GREEN FEES", SUBSECTION (A)(1) AND (B)
OF SECTION 30-54, ENTITLED "CART FEES",
AND SUBSECTION (a) OF SECTION 30-55,
ENTITLED "SPECIAL RATES", OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY REVISING THE FEE SCHEDULE FOR CITY OF _
MIAMI GOLF COURSES AND FURTHER
ESTABLISHING A TWILIGHT ELECTRIC CART
RENTAL RATE OF $3 PER PERSON; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Plummer and passed on its first reading by
title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
l ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
--------- ---------------------- ---------------------------
' 31. CLAIM SETTLEMENT: MANOEL PARDO $122,000.
--------------- ---------- ---------------------------------
Mrs. Dougherty: We're recommending a settlement of a
lawsuit in $122,000 where a woman died on the operating
table after she was in a collision with a Police van. She
had fractured ribs and a fractured right lobe of her liver
and died on the operating table and we're recommending
$122,000.
Mr. Plummer:
fault?
RT
Are we to assume that the Police car was at
70
March 21, 1985
0
El
Mrs. Dougherty: We don't assume that kind of thing, no.
i
Mr. Plummer: Well, then why are we settling?
Mrs. Dougherty: Because both sides said that the green
light was there so #1 the Police van was in excess of speed,
both sides experts' have contended that. Neither side could
prove that each side didn't have the green light.
Mr. Dawkins: You said both sides say.
Mrs. Dougherty: Both experts on both sides.
Mr. Dawkins: Say the light was green.
Mrs. Dougherty: No, both experts on both sides cannot
determine who had the green light. The only witnesses said
that the green light was, of course, was the passenger, said
the green light was for the plaintiff. However, the Police
van was proven to be in excess of speed and it was not an
emergency situation.
Mr. Plummer: You're recommending it?
Mrs. Dougherty: Yes, sir.
i NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE
MEETING AT 2:57 P.M.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-273
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO MANUEL PARDO INDIVIDUALLY
AND AS PERSONAL REPRESENTATIVE OF THE ESTATE
f OF EDITH PARDO THE AMOUNT OF ONE HUNDRED AND
TWENTY TWO THOUSAND DOLLARS ($1229000.00)
WITHOUT ANY ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ALL BODILY
INJURY, PERSONAL INJURY PROTECTION LIENS,
CLAIMS, DEMANDS AGAINST THE CITY OF MIAMI
AND UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY FROM ALL CLAIMS AND
1 COUNTER CLAIMS AND DEMANDS EXCEPT THE PUBLIC
HEALTH TRUST LIEN WHICH SHALL BE PAID
SEPARATELY BY THE CITY IN AN AMOUNT NOT TO
EXCEED $11,655.00.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the
j 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:
ABSENT:
RT
None.
Commissioner Demetrio Perez, Jr.
71
March 21, 1985
{ 32. DISCUSSION: DIRECT CITY MANAGER A CITY ATTORNEY TO
MODIFY EXISTING MINORITY PARTICIPATION PLAN TO AVOID THE
HIRING OF A MINORITY TO QUALIFY, ETC.
------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, before we get into 51, I would like
to ask some questions.
Mayor Ferre: Go ahead.
Mr. Dawkins: On 51, 52 and 53, Madame City Attorney, where
are these firms based?
Mrs. Dougherty: Sage Gray is a Miami firm.
Mr. Dawkins: A Miami firm? It's home office is in Miami?
Mrs. Dougherty: It could be an out of state firm with a
principle office in Miami, I don't know that.
Mr. Dawkins: And the second firm?
Mrs. Dougherty: Arnold and Porter is located in Washington.
Mr. Dawkins: Okay, and the third firm?
Mrs. Dougherty: That is a national law firm with a major
component in the city of Miami.
Mr. Dawkins: Now I'm aware that we have used these firms in
the past but I am concerned that we continue to go to out of
County firms, out of State firms for business in the City of
Miami. Now, I'm going to pass a motion in a few minutes but
I want to go on record and state that when a law firm hires
a minority and pays him a salary that is not a minority firm
in my opinion. That is a firm who hired a black in order to
qualify, or a Latin as a minority. Now, if they're full
partners I have no problem with them. But when you bring
them in counsel, whatever that means to you lawyers, when
you bring them in as hired hands, whatever that means, I do
not consider that a minority firm. So I'm going to pass a
motion to direct the City Attorney and the City Manager to
modify the existing minority participation plan to include
local minority firms and give them a priority for legal work
in he City of Miami and that a hired minority - be sure this
is included in the resolution - that a hired minority does
not constitute a minority firm.
RT 72
March 21, 1985
I
i
---- --- ------------------- -
33• EMPLOY OUTSIDE COUNSEL: SAGE GRAY TODD g SIMS =
NEGOTIATION A PREPARATION OF DOCUMENTS FOR BAYSIDE
SPECIALTY CENTER.
------------------------------------------------------------
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-274
A RESOLUTION AUTHORIZING THE CONTINUED
EMPLOYMENT OF THE LAW FIRM OF SAGE GRAY TODD
A SIMS FOR PROFESSIONAL SERVICES IN
CONNECTION WITH THE NEGOTIATION AND
PREPARATION OF DOCUMENTS IN CONJUNCTION WITH
THE BAYSIDE SPECIALTY CENTER WITH FUNDING
THEREFOR NOT TO EXCEED $309000.00 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 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.
34. EXTEND OUTSIDE COUNSEL: ARNOLD AND PORTER — CABLE TV.
Mayor Ferre: Now the next one is Arnold and Porter and I
assume this is with cable television. I want to say this
mildly but I want it understood clearly. The reason why
Howard Gary recommended and we all accepted Arnold and
Porter, and it was a good selection and a good choice, and I
first when I saw Arnold and Porter recommended it to Howard,
because the City of New York had spent a million dollars in
having Arnold and Porter do their cable work. So we were
going to get a real deal because for a couple hundred
thousand dollars we were going to get a million dollars
worth of work and Ed Koch, when I saw him I told him about
it, he laughed, he thought it was funny. We had gotten a
real great deal. I want you to know that the bill for
Arnold and Porter is now in excess of a million dollars?
Mrs. Dougherty: I think about $600,000.
Mayor Ferre: I'm sorry, in excess of a half a million
dollars and we're inching away at it all the time. Now, I
accept that Arnold and Porter is the best in the nation for
this kind of work and there is none better and they have
minorities and they have all kinds, and they are the old
firm of Judge, I mean Abe Fordice. But I think that I would
RT 73 March 21, 1985
0
hope, Mr. Manager, through you to Jack Eads, is Jack around?
Is Sue Smoller? That this Arnold and Porter thing is
hopefully slowing down a little bit now. but we've got to
i do this so I'm ready to vote if someone wants to move it.
Mr. Plummer: Is this for work already done or for work to
be done?
Mrs. Dougherty: This is for work to be done. They are
representing us in front of the FCC.
Mayor Ferre: We've got no choice, man, this is work before
Congress and before the FCC and it is absolutely vital or
we're in deep trouble.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves, is there a second? Is there a
second?
Mr. Plummer: I withdraw my motion.
Mayor Ferre: No, J. L., we've got to vote on this. If
Miller and Joe want to vote against it that's fine but I've
got to tell you we have got to continue defending the City's
position before the FCC or we are in deep trouble.
Mr. Dawkins: There are no local firms that can do this, Mr.
Mayor?
Mayor Ferre: Absolutely none.
Mr. Dawkins: Then why didn't we force them to joint venture
with a local firm?
Mayor Ferre: Well, you'll have to ask Mr. Gary that because
he's the guy that recommended....
Mr. Dawkins: Now, you see, now if I come back at you and
say you have to get Mr. Gary to vote on it then you see you
and I are playing games.
Mayor Ferre: Well, I'm not playing games with you, I'm
telling you the truth and the truth is that they were
selected because they were the best.
Mr. Dawkins: But Mr. Gary isn't here so I'm not interested
in what he did or why he did it. You and I've got to deal
with this here right now.
Mayor Ferre: And you asked me a question, you're giving you
an opinion and my opinion is based on the recommendation of
the previous City Manager and on my personal knowledge of
who does what in this field in Washington D. C. and the FCC.
Mrs. Dougherty: Commissioner Dawkins, and I don't mean to
interrupt you, but one of the things that we wanted to do,
we concurred with your idea of having local participate as
much as possible and that's why we hired a lawyer within my
firm to do exclusively cable television. It is paid by the
cable television department and franchise. His name is
Quinn Jones. I don't believe he is in the audience now, but
any way, we concur with your assessment, we ought to keep
down fees and that is why we have somebody in my Department
who specializes but no one is going to be impressed with
anybody in my office or me going up before the FCC. They
are,going to be impressed with Arnold and Porter.
Mr. Carollo: That's Quinn Jones, one of your assistants?
RT 74 March 21, 1985
U
r
Mrs. Dougherty: Yes, sir.
Mr. Carollo: So he's working at it through your Department.
Mrs. Dougherty: Yes.
Mr. Dawkins: The only problem I have with this, Mr. Mayor,
and fellow Commissioners, we sat here, hired lawyers to come
up with rules and regulations and a system of fining the
company and all of that went down the drain. We have not
collected one fine. We have written off every violation and
yet now you want me to spend another half a million dollars
for somebody to tell me that the franchise is in violation
and then we don't penalize them. that's my personal
opinion.
Mr. Plummer: Commissioner Dawkins, if I may, and I'm not
trying to lobby you, this particular item as it appears on
the agenda has nothing to do with the local situation but
that as it reads before the FCC and I think that does make a
big difference between what is happening locally and who is
representing us before the FCC.
Mr. Dawkins: I'll second it.
' The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-275
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND THE PROFESSIONAL SERVICES AGREEMENT
WITH THE LAW FIRM OF ARNOLD AND PORTER, IN
AN AMOUNT NOT TO EXCEED $50,000, IN
CONNECTION WITH SERVICES IN CONJUNCTION WITH
REPRESENTATION RELATING TO THE CABLE
TELEVISION LICENSE FEE WAIVER PETITION
PENDING BEFORE THE FEDERAL COMMUNICATIONS
COMMISSION ON BEHALF OF THE CITY OF MIAMI,
AND FOR SUCH OTHER LEGAL SERVICES THAT MAY
BE REQUIRED IN CONJUNCTION WITH THE CITY'S
CABLE TELEVISION LICENSE ORDINANCE.
r (Here follows body of resolution, omitted here
! and on file in the Office of the City Clerk.)
i
! Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote-
i
AYES: Commissioner Miller J. Dawkins
! Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
NOTE FOR THE RECORD: AG. 53 WAS DEFERRED.
35. DISCUSSION - PROPOSED CONTRACT S. M. DIX ASSOCIATES,
INC. APPRAISAL OF IMMOVABLE FIXTURES IN S. E. OVERTOWN
PARK WEST REDEVELOPMENT AREA - SEE PASSAGE OF RESOLUTION
LATER THIS MEETING.
RT
75
March 21, 1985
i:-
a
Mayor Ferre: We're on Item 54. This is to execute a
contract between the City and S. M. Dix and associates at a
cost not to exceed $33,000. What is that?
Mr. Matthew Schwartz: The contract is to do immovable
fixture appraisals for 20 commercial properties located in
! Phase I of the Southeast Overtown/Park West....
Mayor Ferre: Was this a bid process?
Mr. Schwartz: No, this is not, S. M. Dix is a nationally
renowned firm that Dade County has utilized heavily through
the Metrorail.
Mayor Ferre: So what?
Mr. Schwartz: They were selected based on their ...
Mayor Ferre: Who selected them?
Mr. Schwartz: It was the recommendation of our office, we
checked with Dade County.
Mr. Plummer: Did you go through any kind of a process?
Mr. Schwartz: We asked for a recommendation from Dade
j County based on their experience.
Mr. Plummer: Oh, absolutely not. They'll recommend me
right into the cemetery.
Mayor Ferre: We also don't want to hurt the Overtown
Project, so you know, make your case. Mr. Bailey, you'd
better stand up on this too.
Mr. Schwartz: S. M. Dix is one of the few companies
nationally that does this type of service, it is a very
specialized ...
Mayor Ferre: No local firms that do that?
3 Mr. Schwartz: To our knowledge, there is no local firm.
Mr. Herb Bailey: Mr. Mayor, members of the Commission, as
you realize, this entire acquisition process is a
partnership of the County and the City and we rely on the
County to provide us with their experience and expertise and
Mayor Ferre: Mr. Bailey, are you recommending this?
Mr. Bailey: We are recommending S. M. Dix ...
Mayor Ferre: I am not asking you we, are you recommending
this? y'
Mr. Bailey: Oh, I am recommending it, absolutely.
Mayor Ferre: Do you know about these people? And are you
satisfied that this is the best deal that we can do in the
City of Miami?
Mr. Bailey: Absolutely.
Mr. Dawkins: What are immovable fixtures?
Mr. Bailey:
They are
fixtures that are part of
the
structure that
cannot be
moved when the company has to
be
relocated, such
things as
machinery that is in place and
it
is concreted in
place and
it becomes a permanent part of
the
structure.
HT 76 March 21, 1985
t f
Mr. Dawkins: And if you're going to destroy the structure
you have to buy it in order to destroy it.
Mr. Bailey: In other words, if you were going to buy the
structure you would have to buy the fixtures. Yes. And we
need to have a fair appraisal of what those fixtures are
worth so when we determine what the price is we can come up
with an adequate price. And you need a specialist to do
this. There aren't that many in the country.
Mr. Plummer: I've got to believe there is somebody local.
I think we ought to go out and bid it.
Mr. Bailey: On a fixture appraisal, Commissioner, you know,
I've done a lot of these and usually we had to go all the
way to Chicago in many cases just to get someone to do the
fixture appraisal.
Mayor Ferre: Mr. Bailey, I don't know if you have a motion
or you don't have a motion here but if you have looked into
it and you are satisfied and you think that this is the
proper way to go and this is important for Overtown you've
got one vote here.
Mr. Bailey: Not only that, Commissioner, we have to have
someone that is qualified that when we go to court that the
testimony will stand up as an expert witness.
Mayor Ferre: All right, I'll ask one more time and then
we'll go onto something else. Is there a motion on 54? All
right, we're on Item 55.
--------------------------------------------------------
36. PROPOSED CONTRACTUAL AGREEMENT: BEHAVIORAL SCIENCE
RESEARCH CORPORATION — HOUSING PREFERENCE SURVEY (NO
MOTION MADE).
------------------------------------------------------------
Mayor Ferre: We're on Item 55. This is authorizing the
City Manager to enter into a contractual agreement between
the City of Miami and the Behavioral Science Research
Corporation to conduct a housing preference survey among the
employees of the Downtown Miami area at a cost not to exceed
$15,000.
3
Mr. Dawkins: There again, there's not a local firm can do
that?
Mr. Bailey: This is a local firm, not only is it a local
-
firm, it is a firm that has heavy minority participation.
They have done work for the City before and this is one of
those...
Mayor Ferre: Who are the principles of the Behavioral
Science Research Corporation?
{
Mr. Schwartz: Robert Ladner. They're located in Coral
Gables on Ponce, 808 Ponce.
Mayor Ferre: This has your recommendation, Mr. Bailey?
Mr. Bailey: We're recommending them because of the work
they have done before for the City of Miami.
-_
Mayor Ferre: Now this is a local firm, they have
r
minorities, there is no ...
Mr. Bailey: They have substantial minority participation.
RT 77 March 21, 1985
%r
qq r f.z
r
Mayor Ferre: Is there a motion on Item 55?
Mr. Plummer: Did you go through a procedure?
Mr. Bailey: The procedure in terms of what it is that we're
asking them to do?
Mr. Plummer: No, how you selected this particular firm over
others.
Mr. Schwartz: Yes, we had contacted two or three firms, we
asked for proposals. Mr. Ladner provided us with the least
expensive proposal plus based on his experience, he has done
similar type studies for some other major developers in
Miami.
Mayor Ferre: Any further questions on 55? Is there a
motion on 55? Hearing none, we proceed to Item 56.
37. EXECUTE CONTRACT: REAL ESTATE RESEARCH CORPORATION FOR
APPRAISALS OF REAL PROPERTY IN PHASE I, S.S. OVERTOWN
PARK WEST REDEVELOPMENT AREA.
Mr. Bailey: This is to complete the appraisal work that
they have already done that was under contract. It was
previously approved by this Commission to do six new
appraisals and update o properties that we have already
previously done.
Mayor Ferre: Any questions on Item 56? Is there a motion
on Item 56.
Mr. Plummer: Did you go through a process?
Mr. Schwartz: They were selected through a bid process
initially, and this is a follow up contract and they would
be the only firm that could provide this service.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-276
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT IN SUBSTANTIALLY THE FORM
ATTACHED BETWEEN THE CITY OF MIAMI AND THE
REAL ESTATE RESEARCH CORPORATION, A FLORIDA
CORPORATION, AT A COST NOT TO EXCEED
$179000, TO PREPARE APPRAISALS OF REAL
PROPERTY WITHIN PHASE I OF THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT AREA AND
PROVIDE TECHNICAL ASSISTANCE FOR PROPERTY
ACQUISITION.
(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
RT
March 21, 1985
i
I
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
38. ACCEPT DONATION OF SCULPTURE "HOKUSAI'S WAVE 1981".
Mayor Ferre: Would you tell me where the Youngerman
sculpture is going to go? Do you have a photograph of it?
Mr. Castaneda: Yes.
Mayor Ferre: May I see it. Is Mr. Feldman, the gentleman
from Cleveland who has been very generous in other ...
Where are you proposing this Youngerman sculpture to go?
Mr. Castaneda: It would be in the interior and the lobby
area near the conference room.
Mayor Ferre: Near the conference room in the Police
Department, in the Fire Department, in the City of Miami
Administration Building, City Hall?
Mr. Castaneda: I'm sorry, this would be at the Convention
Center when you go down the elevator there is a lobby area
there going to the conference rooms and it would be located
somewhere in that area. Vince Grimm approves of the
sculpture as well as the Convention Center staff.
Mayor Ferre: Has anybody thanked Mr. Feldman officially for
doing this? I would imagine this is a very valuable piece
of art.
Mr. Castaneda: Yes, it is. It is estimated at about
$40,000.
Mayor Ferre: How did we come upon this? How did Mr.
Feldman choose the City of Miami? Do you know? Do you know
Mr. Feldman?
Mr. Castaneda: I do not know Mr. Feldman, he was selected
by the Arts in Public Places Committee. He went to the Arts
in Public Places Committee.
Mayor Ferre: He wasn't selected, the man is giving us a
$40,000 piece of art which is a very valuable piece of art.
Is this the man that has been working with the DDA?
Mr. Castaneda: I really do not know.
Mayor Ferre: Does anybody know? John?
Mr. John Gilchrist: Yes, sir, he has been working with DDA
in regard to Bayfront Park and has been very helpful in that
direction.
Mayor Ferre: That's an older gentleman who is retired, he
was in the steel business in Cleveland or Pittsburgh or some
place, a very wealthy fellow and he has been very very
generous.
Mr. Gilchrist: Yes, sir. I was unaware of this.
Mayor Ferre: Well, I do think that we need to do something
for Mr. Sidney M. Feldman if he has done something like this
for us we need to - I know he is a very non -pretentious
quiet fellow who likes to do these type of things but we
RT 79
March 21, 1985
really need to recognize him. This is obviously a major
piece of art and I don't think we should be very cavalier
about accepting it this way, I think besides accepting it we
should have a luncheon or a dinner or something to thank the
man for his generosity.
t
Mr. Gilchrist: We'll arrange that, Mayor. r
r
Mayor Ferre: Is there a motion to accept this donation?
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
F
RESOLUTION NO. 85-277
F
A RESOLUTION FORMALLY ACCEPTING A DONATION
FROM Mr. AND MRS. SIDNEY M. FELDMAN OF A
SCULPTURE ENTITLED "HOKUSAI'S WAVE 1981" BY
ARTIST JACK YOUNGERMAN.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Ferre: Mr. Gilchrist, I think you should arrange a
luncheon for Mr. Feldman and to talk to the members of the
Commission and see, we ought to get a small group of people
to thank him for his generosity.
Mr. Gilchrist: Okay, I'll do that as soon as possible.
--------------------------------------------------------
39. RENEW LEASE AGREEMENT: METRO FOR LEASE OF OFFICE SPACE
AT COLMER OVERTOWN NEIGHBORHOOD SERVICE CENTER JOBS
PROGRAMS, ETC.
------------------------------------------------------------
Mayor Ferre: We're on Item 60. This lease office space for
the Culmer Overtown Neighborhood Service Center. It is
moved by Dawkins, is there a second?
Mr. Plummer: Yes, I'll second it but I want to ask a
question. How does this relate to Item 64?
Mr. Castaneda: There is no relationship. Item 60 is the
Jobs Training Program which is part of the Department of
Community Development, occupies space at the Culmer Center
and it is leasing space from Metropolitan Dade County. Item
64 is as part of last year's Community Development Block
Grant application the City agreed to give Culmer Economic —
Development Corporation $125,000 to renovate what used to be
the old Culmer Jail in the Overtown area. ...
Mr. Plummer: How much rent are you paying in 60? $99500.
Mr. Castaneda: That's right.
RT 80 March 21, 1985
}
Mr. Plummer: So what you're saying is we're not only giving
f them $9,500 rent, we're giving them $125,000 to boot. Is
that correct?
Mr. Castaneda: Different programs, different people.
Mr. Plummer: One is renovating of the Culmer Center.
Mr. Castaneda: The Culmer Center is a different building.
The Culmer Center that we are talking here is really the old
police station at 490 N.W. 11th Street. That is the
building that we are talking about.
Mr. Plummer: Is that what they are renovating?
Mr. Castaneda: This building will be renovated by the
Overtown Economic Development Corporation.
Mr. Plummer: Then why don't we locate this office in that
building there if we're giving $125,000 to renovate it? Why
are we spending $9,500 to rent space somewhere else in the
same neighborhood.
Mr. Castaneda: Well be a � , that might g possibility once the
building is renovated but that isn't the case right now.
i
i
Mr. Dawkins: Then why are we renovating 64?
Mr. Castaneda: This is the project that Overtown Economic
Development Corporation, Joe Wilson, this is the old City
Jail that he wants to renovate it to move his offices there
and he also has a proposal before the surtax board to build
Second Mortgage Housing on the property next to it. All
these properties now who used to be owned by Metropolitan
Dade County has been given to Overtown Economic Development
Corporation.
Mr. Dawkins: A non-profit organization.
i
Mr. Castaneda: A non-profit organization.
1 Mr. Dawkins: I'm going to tell you again, Frank, like I
j told you this morning, I'm fed up with everything that you
put in Little Havana, Overtown and Liberty City, you do it
with non-profit organizations and when you go on Brickell
Avenue and downtown you go with for profit organizations.
So now don't bring anything else up here before this
Commission and expect me to vote along with it if it is non-
profit. Those communities are never going to be able to
i help themselves if we continue to tell them something about
you going to be non-profit. The bottom line is profit and
we're trying to get the public sector into making profit.
4, So when we say non-profit we automatically lock the private
sector out from working jointly with individuals within
those neighborhoods to do something for profit. I'll move
60 and I want to continue 64.
I
i
RT 81 March 21, 1985
i.
i �-
i
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-278
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXERCISE THE RENEWAL PROVISION CONTAINED IN
THE EXISTING LEASE AGREEMENT WITH
METROPOLITAN DADE COUNTY FOR THE LEASE OF
OFFICE SPACE AT THE CULMER/OVERTOWN
NEIGHBORHOOD SERVICE CENTER, LOCATED AT 1600
N.W. 3RD AVENUE, FOR USE BY THE DEPARTMENT
OF COMMUNITY DEVELOPMENT, OVERTOWN JOBS
PROGRAM; SAID RENEWAL BEING FOR A ONE YEAR
PERIOD EXPIRING MAY 319 1986 AT AN ANNUAL
COST OF $9529.92; AND FURTHER PROVIDING FOR
EXPENDITURE OF 10TH AND 11TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE ABOVE
PURPOSE.
(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.
40. AUTHORIZE AGREEMENT: U. S. DEPT. OF HOUSING & URBAN
DEVELOPMENT TO INCREASE SUPPLY OF AFFORDABLE STANDARD
HOUSING FOR LOWER INCOME PERSONS.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-279
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT AND TO EXECUTE THE NECESSARY CONTRACT
AND AGREEMENTS FOR A RENTAL REHABILITATION
PROGRAM GRANT FROM THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR
$6909000 TO INCREASE THE SUPPLY OF
AFFORDABLE, STANDARD HOUSING FOR LOWER
INCOME FAMILIES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
RT 82 March 21, 1985
0
01
ABSENT: Commissioner Demetrio Perez, Jr.
------------------------------------------------------------
41. EXECUTE AGREEMENT: SOUTH FLORIDA ECONOMIC OPPORTUNITY
DEVELOPMENT COUNCIL FOR SEWING !MACHINE OPERATOR JOB
TRAINING PROGRAM.
Mayor Ferre: Take up 62. Now you don't want to hold up the
sewing machine jobs.
Mr. Dawkins: No. Why is it. Where is Morris? Morris,
come down here, please. State your name and address.
Mr. Morris Adkinson: Morris Adkinson, 1032 N.W. 76 Street,
Miami.
Mr. Dawkins: How much did you get from the State for this
project?
Mr. Adkinson: $86,000 from the State and a commitment from
Coleman Clothes and Fairward Wills for 45 machines as an in -
kind contribution.
Mr. Dawkins: And in order to get that, you had to qualify
for how much of a match?
Mr. Adkinson: It is a dollar for dollar match.
Mr. Dawkins: And you asked the City for how much?
Mr. Adkinson: $15,000.
Mr. Dawkins: For $15,000 you're going to put how many to
work?
Mr. Adkinson: I was going to serve 36 people.
Mr. Dawkins: Why is it, Mr. Castaneda, that with this
machinery and this money in hand this group asked for
$15,000 and we are only giving it $71000?
Mr. Castaneda: It was staff's recommendation that they
could accomplish what they are proposing to do with the
$7,600 that we are proposing. It is staff's recommendation
that we believe that they can accomplish what they intend to
do with the $7,600.
Mr. Dawkins: Okay, would it be fair to you then, if I asked
him to take the money and the machinery that he has and turn
it over to you and see you do it for that? Would that be
fair?
Mr. Castaneda: I'm sorry Commissioner?
r
1
Mr. Dawkins: Would it be fair, since you and staff know
what, he can and cannot do at his facility and with his
proposal, would it be fair if I asked him to give you his
machinery, the money he got from the State and the program
and you do it?
Mr. Castaneda: No.
?
Mr. Dawkins:
All right, then,
see, I mean I really don't
understand how your staff, his
program has already been
evaluated and
it says that they
can do this and then we say
only $7,000.
Do you really need
the $15,000, Morris?
R
RT
83
March 21, 1985
L ` l
Y
0
f,.
Mr. Adkinson: Yes, I do.
Mr. Dawkins: Why?
Mr. Adkinson: Mr. Dawkins, initially we had a lot of
i initial overhead, that is in terms of putting up lights in
the building, that is in terms of putting a feed reel, that
is in terms of buying the supplies for the young people.
The supplies in the sewing machine industry, for those of
you who might be involved in it, know that it is very
expensive. For example, work bins cost $30 a piece, time
clocks cost $80 a piece and this is a tremendous overhead in
terms of initial start up.
Mr. Dawkins: Do you have places to place these individuals
once you have trained them?
Mr. Adkinson: Yes, I do.
Mr. Dawkins: How many slots?
Mr. Adkinson: Right, the people who are giving me the
machines, fairweard wills and eoleman clothes, they will be
involved in placing these people also. They are in the
private sector.
Mr. Dawkins: Mr. Mayor, I'd like to make a motion that they
be granted the money that was asked for and if any be left
over, you bring it back to the City.
Mr. Carollo: I second that motion.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-280
A RESOLUTION ALLOCATING $15,000 FROM FY 75-
I 76 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -
GARMENT CENTER/FASHION DISTRICT
f REDEVELOPMENT PLAN TO THE SOUTH FLORIDA
ECONOMIC OPPORTUNITY DEVELOPMENT COUNCIL,
INC. FOR A PERIOD OF ONE YEAR, BEGINNING
APRIL 1, 19859 TO PROVIDE TRAINING FOR JOBS
1 AS SEWING MACHINE OPERATORS IN THE CITY OF
MIAMI UPON THE CONDITION THAT ANY UNUSED
PORTION OF SAID ALLOCATION IN EXCESS OF
$7,634 SHALL BE RETURNED TO THE CITY;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH SAID AGENCY.
(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:
ABSENT:
RT
None..
Commissioner Demetrio Perez, Jr.
T.
March 21, 1985
Mr. Adkinson: Thank you.
NOTE FOR THE RECORD: AGENDA ITEMS 64 A 65 VERE DEFERRED TO
THE NEXT MEETING.
42. EXECUTE AGREEMENT: MIAMI DESIGN PLAZA MERCHANTS
ASSOCIATION MDPMA FOR PROMOTION OF ANNUAL •MIAMI MARKET
DAYS".
Mayor Ferre: I only have one question, they've asked for
$80,000, why are you recommending $48,000? And I'm going to
ask you the same questions that Dawkins just asked Morris
over here about the sewing machines.
Ms. Charlotte Gallogly: The rationale for it was that it
was essentially the same funding level as last year.
Mayor Ferre: Do you want to do it for that amount of money?
Mr. Carollo: What are you guys talking about here?
Mayor Ferre: Well, I'm using the same logic that Miller
used with Morris on the sewing machines. He asked for _
$15,000, they recommended $8,000, he asked him do you want
to do it for $8,000, he said no, then he said then let's go
for $15,000. I'm asking you, do you want to do it for
$48,000? You said no so I'm going to go on the same logic.
Then why don't you fund them for the full amount they
requested?
Ms. Gallogly: The rationale was that given the budget
constraints that we face and that are ahead of us that we
were looking to keep these programs at essentially the same
level as they had received in the past and that was the
policy.
Mr. Carollo: That's between you and Charlotte, Mr. Mayor,
Miller and I won't get involved in this one.
Mayor Ferre: I noticed. The point is that you think that
$48,000 will do it.
Ms. Gallogly: Yes, I do, and I can respond to that.
$22,000 of the additional funding requested beyond the
$48,000 was to pay for a quarterly news letter that was
going to be sent out throughout the U. S. and I just don't
think that is essential.
Mayor Ferre: Charlotte, I'm just having a little fun here.
Thursday afternoon at 3:28 waiting for a full Commission. I
don't have any problems with your recommendation. Is there
a motion?
RT 85 March 21, 1985
:el
U
lk
t
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-281
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH THE MIAMI DESIGN
PLAZA MERCHANTS ASSOCIATION (MDPMA), FOR THE
PURPOSES OF MEETING ADMINISTRATIVE EXPENSES
ASSOCIATED WITH THE OPERATION OF THE MDPMA
AND FOR PROMOTING THE ANNUAL EVENT "MIAMI
MARKET DAYS", WITH FUNDS THEREFOR ALLOCATED
IN AN AMOUNT NOT TO EXCEED $48,000 FROM THE
FISCAL YEAR 1984-85 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 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.
43. AMEND AGREEMENT: AUTHORIZE AMENDMENT OF 10 NEIGHBORHOOD
ECONOMIC DEVELOPMENT ORGANIZATIONS - CANCELED CHECKS FOR
REIMBURSEMENTS, ETC.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RT
RESOLUTION NO. 85-282
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO AMEND INDIVIDUAL AGREEMENTS
WITH TEN (10) NEIGHBORHOOD ECONOMIC
DEVELOPMENT ORGANIZATIONS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO
MODIFY THE FISCAL REQUIREMENTS STATED IN
ARTICLE III, ITEM B OF THE CONTRACT
AGREEMENT WHICH REQUIRES THE CONTRACTOR
TO SUBMIT A COPY OF THE CANCELED CHECK
AS JUSTIFICATION FOR REIMBURSEMENT OF
EXPENDITURES INCURRED; SAID AMENDMENT
WOULD ALLOW THE CONTRACTOR, AS
JUSTIFICATION FOR REIMBURSEMENT, TO
SUBMIT A COPY OF THE UNNEGOTIATED CHECK,
PROPERLY SIGNED, ALONG WITH A COPY OF
THE ORIGINAL INVOICE FOR WHICH THE CHECK
HAS BEEN ISSUED.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
March 21, 1985
g
e-
it A
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
i
NOES: None.
i
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
- - -- ---------------------------------------------
44. AUTHORIZE AMENDING AGREEMENT: BARNETT BANK OF SOUTH
FLORIDA N.A. EXTEND TERMINATION DATE OF AGREEMENT TO
PUBLISH SPANISH VERSION OF MIAMI BUSINESS REPORT 1983-
84.
------------------------------------------------------------
Mayor Ferre: We're now on 68 which is the Miami Business
Report. It was a great tool last year and I think it ought
to be a good one this year.
i
Ms. Charlotte Gallogly: This is the Spanish version and it
allows Barnett to pay the vendor directly.
Mr. Plummer: How much?
Ms. Gallogly: $7,500, they will be paying for that. There
is no City money involved here. Originally the money was
going to come through us and it is just simpler to send it
directly.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
i
RESOLUTION NO. 85-283
j A RESOLUTION AUTHORIZING THE CITY MANAGER TO
I AMEND AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI
AND BARNETT BANK OF SOUTH FLORIDA, N.A. FOR
THE PURPOSES OF EXTENDING THE TERMINATION
DATE OF THE AGREEMENT FROM JANUARY 1, 1985
t TO APRIL 15, 1985 TO PUBLISH THE SPANISH
VERSION OF THE MIAMI BUSINESS REPORT 1983-84
AUTHORIZING BARNETT BANK TO ISSUE A CHECK
DIRECTLY TO THE VENDOR FOR THE PRINTING OF
THE PUBLICATION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES:
ABSENT:
None.
Commissioner Demetrio Perez, Jr.
M
March 21, 1985
A
4
45. AMEND AGREEMENT: AMEND TERMS OF ARTICLE 4.8 OF
AGREEMENT MIAMI DADE TOURIST AUTHORITY EXTENDING DUE
i
DATE OF FINAL BUDGETARY REPORT.
j ------------------------------------------------------------
4
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-284
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AMEND AND MODIFY THE TERMS OF ARTICLE 4.8 OF
THE AGREEMENT DATED AUGUST 29, 19839 WITH
THE MIAMI DADE TOURIST AUTHORITY, INC.
EXTENDING THE DUE DATE OF THE FINAL
BUDGETARY REPORT AND AUDITED FINANCIAL
STATEMENTS FROM THIRTY (30 DAYS TO NINETY
(90) DAYS AFTER FINAL REIMBURSEMENT IS
RECEIVED.
(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.
------------------------------------------------------------
46. AMEND AGREEMENT: MIAMI DADE CHAMBER OF COMMERCE FOR
PUBLISHING THE BLACK INDUSTRIAL DIRECTORY - EXTEND DUE
! DATE.
------------------------------------------------------------
j The following resolution was introduced by Commissioner
i
Dawkins, who moved its adoption:
RESOLUTION NO. 85-285
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AMEND THE TERMS OF ARTICLE III OF THE
AGREEMENT DATED AUGUST 109 1983 WITH THE
MIAMI-DADE CHAMBER OF COMMERCE THEREBY
EXTENDING THE DUE DATE FOR PUBLISHING THE
BLACK INDUSTRIAL DIRECTORY FROM JANUARY 31,
1985 TO MARCH 29, 1985.
(Here follows body of resolution, omitted here
s
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.
RT
::
March 21, 1985
o
ABSENT: Commissioner Demetrio Perez, Jr.
------------------------------------------------------------
47. AMEND AGREEMENT: DOWNTOWN MIAMI BUSINESS ASSOCIATION,
INC. DMBA ADVERTISEMENTS FOR 1985 EASTER HOLIDAYS
PROMOTIONAL ACTIVITIES. -
------------------------------------------------------------
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-286
A RESOLUTION TO AMEND THE AGREEMENT WITH THE
DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC.
(DMBA), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EXTEND THE EXPIRATION DATE OF
THE CONTRACT AGREEMENT FROM FEBRUARY 28,
1985 TO APRIL 19 1985 AND TO INCLUDE AS PART
OF THIS AGREEMENT, ADVERTISEMENTS FOR THE
1985 EASTER HOLIDAYS AND THE PROMOTIONAL
ACTIVITIES UNDER THE FLAGLER STREET BANNERS
DEMONSTRATION PROJECT FOR WHICH THE CITY
WILL CONTRIBUTE $1,750 AS A LOCAL MATCH
TOWARD THE FUNDING OF THIS PROJECT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
RED
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
- ------------------------- --------------------------------
48. AMEND AGREEMENT: BELAFONTE TACOLCY CENTER, INC. DEFER
DUE DATES OF PROMISSORY NOTE DATED MAY 109 1983 IN THE
AMOUNT OF $4009000.
------------------------------------------------------------
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-287
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AMEND, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, THE MEMORANDUM OF AGREEMENT DATED
JULY 20, 1983, BETWEEN BELAFONTE TACOLCY
CENTER, INC. (BTC) AND THE CITY OF MIAMI SO
THAT THE TERMS OF THE PROMISSORY NOTE, DATED
MAY 10, 1983 IN THE AMOUNT OF $4001000,
BETWEEN BTC AND THE CITY, WILL BE MODIFIED
TO DEFER THE DUE DATES FOR ALL PAYMENTS
UNDER SAID NOTE BY SEVENTEEN (17) MONTHS
WITH ALL OTHER TERMS OF THE AGREEMENT
REMAINING UNCHANGED.
(Here follows body of resolution, omitted here
RT 89 March 21, 1985
and on file in the Office of the City Clerk.)
i
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.
------------------------------------------------------------
49. ENTER INTO AGREEMENT: ALLOCATE #3,145.83 - 10TH YEAR
COMMUNITY DEVELOPMENT FUNDS TO MARTIN LUTHER HIND
ECONOMIC DEVELOPMENT CORP. - 1/12TH FUNDING $37,750.
------------------------------------------------------------
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-288
A RESOLUTION ALLOCATING $3,145.83 OF TENTH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
APPROPRIATED BY THE PASSAGE OF ORDINANCE
#98-34 AND MOTION #84-775 TO THE MARTIN
LUTHER KIND ECONOMIC DEVELOPMENT CORPORATION
(MLKEDCO) IN AN AMOUNT NOT TO EXCEED 1112 OF
THE TOTAL ALLOCATION OF $37,750 FOR SAID
AGENCY, FOR THE PERIOD FROM APRIL 1, 1985
THROUGH APRIL 30, 1985 FOR IT TO CONTINUE
IMPLEMENTING A NEIGHBORHOOD ECONOMIC
DEVELOPMENT CORPORATION PROGRAM; AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH THE AFOREMENTIONED AGENCY IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
NOTE FOR THE RECORD: AGENDA ITEM 75 WAS CONTINUED TO 3-28-
85.
------------------------------- ------------------------
50. AUTHORIZE ISSUANCE OF BONDS: $30,0009000 STORM SEWER
IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RT 90 March 21, 1985
i
RESOLUTION NO. 85-289
A RESOLUTION PROVIDING FOR THE ISSUANCE OF
r NOT EXCEEDING $30,000,000 STORM SEWER
IMPROVEMENT BONDS OF THE CITY OF MIAMI,
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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
NOTE FOR THE RECORD: AGENDA ITEM 75 PREVIOUSLY DEFERRED IS
NOW DEFERRED UNTIL APRIL INSTEAD OF 3-28-85.
------------------------------------------------------------
51. DISCUSSION AND TEMPORARY DEFERRAL OF AUTHORIZING
ISSUANCE OF $2090009000 POLICE HEADQUARTERS & CRIME
PREVENTION FACILITIES BONDS - SEE LATER SAME MEETING FOR
PASSAGE.
Mr. Dawkins: Are we going to go out and sell $20,000,000
worth of bonds, sir?
Mr. Carlos Garcia: Not at this time. This takes several
years before we sell those bonds. We are selling a portion
i of those bonds next month.
c
MOTE FOR THE RECORD: COMMISSIONER PEREZ ENTERED THE MEETING
AT 3:35 P.H.
M.-. Dawkins: A fourth. Now, when we passed the ordinance,
Mr. Mayor, we said, and we spelled out in here how the money
would be spent and now you want to pass an ordinance to sell
the bonds piece meal. Now let me read something that I've
t got here because when I say things up here people think I be
kidding. And this is Info., Inc. or Miami Info or whatever
it is. It reads off here: After much conflict and
opposition on the matter from City officials, black voters
reaffirmed the community's readiness for law and order.
Black voters were the deciding factor in the passing of a
police bond issue which gave the City of Miami $20,000,000
in revenue for the downtown police headquarters and other
j crime prevention usage. Included was $5,000,000 to be used
for the building of substations in Liberty City and Little
Havana areas. City officials made it clear, a must that the
bond issue had to pass before Liberty city could get its
substation. black voters met those demands until a polling
of the voters, City officials stated that the cost of the
facility outweighed the benefit of fighting the crime in
3 Liberty City. Al right? Now, you want me to go back to my
community who passed this bond issue which you promised a
substation and instead of going out selling the $20,000,000
bonds or either telling me to go back and tell them that the
substation is cost prohibitive, therefore, we will not
saddle the citizens with this police station, therefore, we
will not sell any of these bonds that you want us to sell.
RT 91 March 21, 1985
4
We cannot sell $6,000,000 worth of them and do not sell the
$114,000,000 to build a substation. I will not sit here and
be a part of this - either you're going to pass the
$20,000,000 bond and sell it and build a police station or
don't pass none of it.
Mr. Rosencrantz: Mr. Dawkins, let me respond to you. The
ordinance that is before you is required by law. After we
have a referendum it is required by law that the city
Commission pass an ordinance establishing how those bonds
shall be sold and what the requirements of selling the bonds
are. That is what is being accomplished here. the actual
selling of the bonds themselves on the New York market is a
separate step. As we explained to you some time ago when we
were talking about the police substation is that we do have
the money to proceed with the police substations, we do have
that money, we plan on selling these bonds on the New York
market as the money is needed. The federal law prohibits us
from selling bonds and putting the money in the bank and
keeping*it and getting interest on it. We must sell the
bonds in an orderly fashion as they are needed to pay for
the facilities that we're going to construct. That is a
federal requirement. Commissioner Dawkins, there will be no
delay in our movement forward on the two substations as has
been directed by the City Commission. You have told us what
the program is, we are moving forward on those programs.
There will be no delay in those programs whatsoever. We're
moving forward with them.
Mr. Dawkins: Mr. Manager, no reflection on you, but the
past Manager did not care for substations. He made it clear
professionally that he did not be in favor of it. Now, for
some reason, we passed a $20,000,000 bond issue and we
spelled what that $20,000,000 would be used for.
Mr. Rosencrantz: That's right.
Mr. Dawkins: Now, you've fast tracked one third of this
money. You are ready to spend $6,000,000 of it. In my
opinion, if the administration had been committed they would
ready with police station plans and everything in order to
go out with the $20,000,000 bond issue and spend the
$209000,000. But the mere fact that you fast tracked this
only for one third of it leaves much to be desired to me.
Mr. Rosencrantz: Again, Commissioner Dawkins, I would
emphasize with you that we are moving forward with those
projects. If we're going to have a bond sale next month we
need this ordinance today, otherwise, there will be no bond
sale.
Mr. Plummer: Mr. Rosencrantz, that is very simple, sir, if
you we don't pass it you don't have a bond sale.
Mr. Rosencrantz: Fine.
Mr. Plummer: We had an absolute promise from the
administration that they would spell out with a line item on
each item of what was going to be spent. That is not before
us, that was a guarantee we would have it prior to voting on
the issuance of these bonds.
Mr. Rosencrantz: Commissioner Plummer, you will have that.
You are not voting on the issuance of bonds. This ordinance
before you does not issue the bonds. Next week there will
be an ordinance before you which will spell out in great
detail $33,000,000 worth of bonds and the exact projects for
which that money will be used as we committed to you to 'do.
This particular ordinance simply sets the criteria that must
be included when we go to the market to sell any of these
A RT 92 March 21, 1985
A 4
I
bonds whether we sell them next week, next year or three
years from now. That is the purpose of this....
Mr. Dawkins: Mr. Manager, I have been here three and a half
years and I've always regretted every vote that I have made
on the strength of the plan that you were going to show me
afterwards. I move that this be continued until you bring
back what you're going to do and then I know what you're
doing and I'll vote on it.
Mr. Plummer: Second.
Mayor Ferre: All right, let me understand what we're doing
here because I may have to vote against your motion, and
that is just one man's opinion. We have, the people of
Miami have voted to move forward with these bonds and it was
a very big win, a very significant win and it was a win that
carried every segment of this community. I know the blacks
voted for it and so did the Cubans and the Cubans are 62% of
this community right now. And so did the Anglo community
vote for it and as a matter of fact, we won in every single
precinct and the people of this community want these funds
expended for these purposes for police. Now, let me .....
Wait a minute, I didn't interrupt you.
Mr. Dawkins: I'd like to say one thing, would you give me
permission to say one thing?
Mayor Ferre: Yes, sir.
Mr. Dawkins: The police station is not being built in
Liberty City nor Little Havana. That's all, I want to make
that clear, neither one of them are getting it.
Mayor Ferre: I understand.
Mr. Dawkins: All right, thank you, that's all I wanted to
do.
Mayor Ferre: We have a bond market which is a proficious
market now. What I am upset about is that we are only
selling $5,0009000 worth of bonds instead of $20,000,000.
Is that what you're telling me?
Mr. Rosencrantz: No, we're selling $33,000,000 worth of
bonds.
Mayor Ferre: Gentlemen, I plead with you, we cannot
hesitate at this point in selling these bonds. If we lose
this market we are going to cost the taxpayers of Miami
millions of dollars. I plead with you not to postpone this.
Mr. Dawkins: You're asking me for $20,000,000 and you're
S selling $3390000009 what is the other $13,000,000?
i
Mayor Ferre: That's what he wanted to explain when we
began.
i
Mr. Rosencrantz: I sent to each of the Commissioners
earlier this week a memorandum which identified the
$33,000,000 and the specific projects for which it would be
used. I will get a copy of that memorandum and give it to
each of you again.
i
Mayor Ferre: No, no. Look, you know, and I say this with
all due respects to all of us, we don't read these things.
You know that.
Mr. Carollo: Mr. Mayor, I call the question.
RT
NOW
.:. J .. _..
93 March 21, 1985
Mayor Ferre: All right, call the roll on the motion that
this be put off. You're sure you want to do it?
Mr. Dawkins: Yes, sir, I'm positive.
Mr. Plummer: Until next week when he furnishes us with a
complete outline of what the money is going for.
Mayor Ferre: This is a continuation for one week.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-290
A MOTION TO DEFER CONSIDERATION OF
RESOLUTION PROVIDING FOR THE ISSUANCE OF
$20,0009000 POLICE HEADQUARTERS AND
CRIME PREVENTION FACILITIES BONDS TO
NEXT WEEKS MEETING. (This action was
later changed by R-85-312.)
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.
{ 52. DISCUSSION OF MARINE PATROL BOARS - QUESTION TO CHIEF OF
POLICE WHY 2ND BOAT WAS NEVER PURCHASED.
----- --------------------------------------------------------
Mr. Carollo: Mr. Mayor, was the Chief here for this
particular item or was he here for another item?
Mayor Ferre: I don't know, sir.
Mr. Carollo: I think he was. Chief, I need to ask you a
question. Did you happen to read or hear about an article
that appeared last week in the Miami Herald regarding the
Marine Patrol?
Chief Clarence Dickson: Yes. ...
Mr. Carollo: That somehow suggested that this Commission
was not being attentive enough in providing the resources
that our Marine Patrol Unit needed.
Chief Dickson: I read that article.
Mr. Carollo: Chief, since I was one of the prime movers in
establishing the Marine Patrol Unit for the City of Miami
Police Department, I recollect that this Commission approved
funds for two Boston Whalers fully equipped with motors
aboard and, somehow, we have lost a Boston Whaler. The
Marine Patrol has only got one Boston Whaler while this
Commission approximately two years ago approved funds for
two. Have we found out what happened to that other Boston
Whaler?
RT 94 March 21, 1985
A fi
Chief Dickson: Well, from what we have been able to find -
out, Commissioner Carollo, is that there was about $80,000
appropriated for two Boston Whalers or two boats, one Boston
Whaler and another good boat. Somewhere along the line ...
Mr. Carollo: No, it was for two Boston Whalers, Chief.
Chief Dickson: Okay, I wasn't involved in that particular
administration at that time, but ...
Mr. Carollo: Excuse me. We had a lot of arguments from the
Police Department of why we had to buy the Boston Whalers.
Chief Dickson: Yes. What happened, from what we can back
track and find out is that the first Boston Whaler was
purchased which cost around $40,000, with the two engines
and all the accessories and equipment, cost around $41,000
or something like that and the money that was left over from —_
that somewhere along the line another set of priorities was
decided upon by the Chief at that time, Chief Harms, along
with the City Manager, that that money left over be diverted
to support another program which was a grant program, a
crime prevention grant program that was expiring or had
expired at that time and money was diverted from that boat,
the second boat to support that program in the way of - I
don't know - personnel and other needs. That was a decision
that was made by the Chief at that time and the City
Manager.
Mr. Carollo: Chief, I'm really flabberghasted that that was
done by the former Police Chief and the former City Manager.
In fact, I don't see how they can legally have done that. I
would like, I mean if you have to assign two of your best
investigators from SIU to investigate every process that
happened in that I would like to know ')ecause we had a big
fall out at this Commission a couple of years ago on the -
type of boats that were acceptable, that we needed a minimum
of two boats. We appropriated those funds and now I'm -
seeing an article where we're being attacked by the media
and some of our own officers are very subtly insinuating
that we're not really providing the service that this
community needs on the waterfront and this Commission
approved two boats but because some other people decided to
do who knows what with that money we only have one and we're
being attacked wrongly in a very unjust manner I feel. So I
need to see something in black and white to clear the air on
that.
Mr. Plummer: Let me ask a question. Madame City Attorney,
how in God's name can a Department Head reallocate moneys
that this Commission has allocated without coming back for
Commission approval?
Mrs. Dougherty: I don't know of any way.
Mr. Plummer: I don't either.
Chief Dickson: Mr. Commissioner, I can't say that they
didn't come back because I was totally out of the picture.
I don't know. But what we have been able to back track and
find out is indicative of what I just said. There are
others who, of course, be involved in this process. This
would have had to have been cleared through Finance, of
course. It would have had to have been cleared through the
Manager's Office with the approval, I believe, of the Chief.
But those funds, as a matter of fact, as we understand it
from back tracking through our records, were deferred to
another program, precisely the Crime Prevention Program at
that time.
RT 95 March 21, 1985
v
ri1
Mr. Carollo: Chief, can you go ahead and do a formal
investigation of this, follow it through from the beginning,
get copies of all the Commission Minutes and come back to
this Commission with a written report by our next meeting,
next Thursday?
Chief Dickson: I sure will.
Mr. Carollo: I just can't believe that after this
Commission approves funds for a specific use in an area that
I agree we need at least two and probably three and four
boats out there that the City Manager's Office together with
the people that were in charge of the Police Department at
that time, would have just ignored the orders that they were
given.
Chief Dickson: Okay, I do have some documentation, if you
would let me go back and look at it I might be up here again
to sort of explain a little better what ...
Mr. Plummer: Let me go on record, if I may, Chief. Chief,
you know, ... Chief, I want to know when the City of Miami
originally had a Harbour Patrol and we were doing these
things, we turned all of that over to Metropolitan Dade
County with an absolute guarantee in return that they would
provide those services for the City of Miami. I, for one,
feel that that is what they should be doing rather than e
who have officers, money and equipment tied up. Now, I
would like to know, if you would, in the same you're doing
research, as to what the provisions were at the time that we
turned over the Harbour Patrol, what guarantees Metro made
to us and why they're not living up to those guarantees
which they said they would provide to this City. Because I
know in the same way as the Mayor spoke this morning about
the HUD and other real good issues, the County has never
lived up to any promises they have made to the City. And
all I'm looking at, and I think that we're going to have to
address pretty damned quick whether we like it or not is
what this City is faced with next year, whether the
realistic figure is $11,000,000 decline or a $9,000,000
decline or whatever that figure is I think all of us are
ready to admit that there is going to be a substantial
decline in revenues next year. You know and I know that if
our budget is 90% people which it is and we're down
$10,000,000 one has to understand that there is about 500
employees who are going to have to go and I don't know how
you can talk about 500 employees off of payroll with sacred
cows. Now, hopefully the Police Department and Fire
Department and Fire Department would not take the same cuts
that other departments would take but surely, if 500 people
are to be put off of payroll there is going to have to be
some and I am concerned that that is a thing that we're
going to have to face quicker than we want to. I don't know
what those magical numbers are but I think everybody is
willing to agree that there is going to be some cuts.
Mr. Carollo: And there should be some cuts, J. L.
Mr. Plummer: I don't disagree, Joe.
Mr. Carollo: There are a lot of people sitting around this
City not doing anything and making $40,000 or $50,000 that
should be out on the street working for a living.
Mr. Plummer: I'm saying that we've got to face it and the
sooner we do the better off we're going to be.
Mr. Carollo:
our waterfront
boat marinas -
these places?
RT
Chief, have you been by recently to some of
property that we lease out - restaurants,
the last month or so have you been to any of
W.
March 21, 1985
A
Ok
Chief Dickson: We keep in very close contact with those
places, as a matter of fact, we receive from some of those,
well, they are clubs really.
Mr. Carollo: Well, I would like you when you have a chance
sometime this week or sometime next week, Chief, to take you
on a personal tour so you could see what is happening in the
City of Miami. What is happening is that you have a lot of
these nice fellows that go around with a walking jewelry
store, you know chains everywhere, gold and stuff and every -
thing where there are very expensive boats that are pleasure
boats from here to the Bahamas or somewhere else and they're
taking over a lot of our property that we lease out. I'm
receiving constant complaints from the owners of some of
these places that they're reporting it to our Police
Department and nothing is being done. They want to get
these people out of there. They know the trade that they're
involved in and there is nothing they could do. That's why
it surprises me even more than with these kinds of
individuals having a free hand in City -owned property by the
waterfront that a past administration had the nerve of
cutting down our Marine Patrol. _
Chief Dickson: I'll be glad to go out with you,
Commissioner Carollo.
Mr. Carollo: I think it has gotten to the point, Chief,
that we're becoming a laughing stock to a lot of people that
these drug pushers can be openly working out of City -owned
land. Virginia Key is a prime example. They are coming in
and out of there, I mean they're bringing in the whole
family, it looks like a picnic for them.
Chief Dickson: I would certainly like to see that.
Mr. Carollo: And nobody is doing anything about it and
everybody knows what they're up to.
Chief Dickson: I'll be very glad to, I'll be very happy to
go out with you and I would be very happy to see that and I
assure you that if we do something can be done about that.
So whenever your time is available I'll be available for
that.
Mr. Carollo: We'll call you office tomorrow, Chief, and
work something out.
Chief Dickson: Thank you.
53. EXTEND CONTRACT: DAVID H. GRIFFITH A ASSOCIATES LTD.
CENTRAL SERVICES COST ALLOCATION PLAN.
Mr. Plummer: What does David H. Griffin do?
Mr. Carlos Garcia: It is what is called an indirect cost
allocation plan which is used to get reimbursement from
other governmental agencies such as the Federal Government.
Last year we were able to get more than a half a million
dollars from different grants such as Community Development
by using this plan.
The following resolution was introduced by Commissioner
i
Plummer, who moved its adoption:
RT 97 March 21, 1985
� fi
I
RESOLUTION NO. 85-291
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXTEND A CONTRACT, SUBJECT TO
THE CITY ATTORNEY'S APPROVAL AS TO FORM
AND CORRECTNESS, WITH THE FIRM OF DAVID
H. GRIFFITH & ASSOCIATES, LTD., TO
PREPARE A CENTRAL SERVICES COST
ALLOCATION PLAN; ALLOCATING FUNDS
THEREFORE IN AN AMOUNT NOT TO EXCEED
$13,500, FROM SPECIAL PROGRAMS AND
ACCOUNTS IN THE GENERAL FUND.
(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.
------------------------------------------------------------
54. DESIGNATE PLANNING A DESIGN SERVICES: MODIFICATION AND
EXPANSION OF FIRE GARAGE AND FIRE STATION #3 AS CATEGORY
B. PROJECT.
------------------------------------------------------------
Mayor Ferre: Where is Fire Station 13?
Mr. Plummer: 12th Avenue and 7th Street northwest - 11th
Avenue. It is in conjunction with the garage.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
i
RESOLUTION NO. 85-292
A RESOLUTION DESIGNATING PLANNING AND
DESIGN SERVICES FOR THE MODIFICATION AND
EXPANSION OF FIRE GARAGE AND FIRE
STATION #3 AS A CATEGORY "B" PROJECT,
1 APPOINTING A CERTIFICATION COMMITTEE OF
(3) MEMBERS AND APPOINTING FLOYD JORDAN,
DEPUTY FIRE CHIEF, AS CHAIRMAN OF THE
COMPETITIVE SELECTION COMMITTEE, IN
ACCORDANCE WITH ORDINANCE NO. 8965,
ADOPTED JULY 23, 1979, WHICH ORDINANCE
ESTABLISHED PROCEDURES FOR CONTRACTING
SAID PROFESSIONAL SERVICES AND ALSO
ESTABLISHED COMPETITIVE NEGOTIATION
REQUIREMENTS WITH REGARD TO THE
FURNISHING OF SUCH SERVICE, AND
AUTHORIZING THE CITY MANAGER TO
ADVERTISE FOR PROFESSIONAL SERVICES.
(Here follows body of resolution,
s
omitted here and on file in the Office
of the City Clerk.)
HT 98 March 21, 1985
os_
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.
55. ALLOW SALE OF BEER & WINE: TWO DAY PERIOD FOR FRIENDS
OF THE JAPANESE GARDEN - JAPANESE SPRING FESTIVAL WATSON
ISLAND APRIL 21, 229 1985.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-293
A RESOLUTION ALLOWING THE SALE OF BEER
AND WINE FOR A TWO-DAY PERIOD BY THE
FRIENDS OF THE JAPANESE GARDEN IN
CONNECTION WITH THE JAPANESE SPRING
FESTIVAL TO BE HELD AT WATSON ISLAND
PARK ON APRIL 21 AND 22, 1985; SUBJECT
TO THE ISSUANCE OF ALL REQUIRED PERMITS.
(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.
----------------- ---------- - --- -- -- - -------------- - ---- -- ---
56. ISSUE FACILITY EXTENDED USE PERMIT: FRIENDS OF THE
JAPANESE GARDEN FOR USE OF JAPANESE GARDEN IN WATSON
ISLAND PARR.
------------------------------------------------------------
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-294
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ISSUE A FACILITY EXTENDED USE
PERMIT, IN SUBSTANTIALLY THE. FORM
ATTACHED, TO THE FRIENDS OF THE JAPANESE
GARDEN FOR THE USE OF THE JAPANESE
GARDEN IN WATSON ISLAND PARK.
RT 99
March 21, 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.
------------------------------------------------------------
57. AUTHORIZE PLACEMENT OF MONUMENT: PRESIDIO POLITICO
HISTORICO CUBANO - CHANGING FROM JOSE KARTI PARK TO
RIVERSIDE PARK.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-295
A RESOLUTION RATIFYING, APPROVING, AND
CONFIRMING AUTHORIZATION TO PRESIDIO
POLITICO HISTORICO CUBANO FOR PLACEMENT
OF A MONUMENT IN A CITY PARK, AND
FURTHER CHANGING THE DESIGNATED PARK
FROM JOSE MARTI PARK TO RIVERSIDE PARK,
WITH THE EXACT ON -SITE LOCATION OF THE
MONUMENT TO BE DETERMINED BY THE
DEPARTMENT OF PARKS AND RECREATION.
(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.
RT
100
March 21, 1985
i
t
t
--------------------- --- - ---- ------
58. ALLOCATE FUNDS FOR FEE WAIVER: "ARTS SHOWCASE 85"
` GUSMAN CULTURAL CENTER MARCH 29 AND 30.
i
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-296
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $1600 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE FUND, FOR A
FEE WAIVER FOR THE USE OF GUSMAN
CULTURAL CENTER ON MARCH 29 AND 309
1985, IN SUPPORT OF THE "ARTS SHOWCASE
185"; SAID ALLOCATION BEING CONDITIONED
UPON SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-
84, DATED JANUARY 249 1984.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner 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.
59. ESTABLISH REDUCED GREEN FEES - ANNUAL NORTH -SOUTH GOLF
TOURNAMENT FEB. 19-239 1985.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
x
R T
RESOLUTION NO. 85-297
A RESOLUTION A RESOLUTION RATIFYING,
APPROVING AND CONFIRMING THE ACTION OF
THE CITY MANAGER IN ESTABLISHING REDUCED
GREENS FEES OF 50% OF SEASONAL RATES TO
THE PARTICIPANTS OF THE ANNUAL NORTH -
SOUTH GOLF TOURNAMENT HELD FEBRUARY 19-
23, 1985, AT THE CITY OF MIAMI COUNTRY
CLUB IN MIAMI SPRINGS, PROVIDING THAT
(1) ELECTRIC CARTS WERE MANDATORY, (2)
PRIZES WERE PURCHASED FROM THE MIAMI
SPRINGS PRO SHOP AND (3) ALL TOURNAMENT
PROCEEDS WENT TO THE 1985 MIAMI NORTH -
SOUTH SCHOLARSHIP PROGRAM.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
101
March 21, 1985
P
i
1�
i�
i+
Upon being seconded by Commissioner Plummer, the
fit resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: AGENDA ITEM 86 WAS WITHDRAWN.
60. AUTHORIZE PAYMENT: WINGERTER LABORATORIES, INC.
PROFESSIONAL ENGINEERING TESTING - DINNER KEY MARINA
REDEVELOPMENT.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-298
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO MAKE PAYMENTS TOTALING
$15,600 TO WINGERTER LABORATORIES, INC.,
FOR PROFESSIONAL ENGINEERING TESTING
PERFORMED IN CONNECTION WITH DINNER KEY
MARINA REDEVELOPMENT, WITH FUNDS FOR THE
PAYMENTS TO BE PROVIDED FROM RETAINED -
EARNINGS FROM MARINA OPERATIONS.
(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.
------------------------ --------- -------------- ----- --------
61. APPOINTMENT OF PERSONS TO CODE ENFORCEMENT BOARD.
Mayor Ferre: On 88, I'd like to reappoint Peter Padowitz.
Mr. Carollo: Who are the two members who's terms are up?
Mayor Ferre: Peter Padowitz is one.
Aurelio Perez: And the other one is Mr. Diaz which was
previously appointed by Mr. Carollo.
RT 102 March 21, 1985
0 0
Mr. Carollo: I'll reappoint Richard Diaz.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-299.1
A RESOLUTION APPOINTING AN INDIVIDUAL TO
j THE CITY'S CODE ENFORCEMENT BOARD TO
SERVE A THREE YEAR TERM.
(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.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-299.2
A RESOLUTION APPOINTING AN INDIVIDUAL TO
THE CITY'S CODE ENFORCEMENT BOARD TO
SERVE A THREE YEAR TERM.
' (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.
NOTE FOR THE RECORD: AGENDA ITEM 89 WAS CONTINUED TO MARCH
28.
NOTE FOR THE RECORD: AGENDA ITEM 90 WAS WITHDRAWN.
---------------------------------------------------------
62. APPOINT JAMES D. CARREKER AS A MEMBER OF THE DOWNTOWN
�r
DEVELOPMENT AUTHORITY.
Y ,
-------------------- ------------------------------- --- ------
Mayor Ferre: Mr. Carreker is the new President of Burdines
Corporation of Florida.
HT 103 March 21, 1985
The following resolution was introduced by Commissioner
4 Plummer, who moved its adoption:
h RESOLUTION NO. 85-300
A RESOLUTION APPOINTING JAMES D.
CARREKER TO THE BOARD OF DIRECTORS OF
THE DOWNTOWN DEVELOPMENT AUTHORITY OF
THE CITY OF MIAMI FOR A TERM EXPIRING
JUNE 309 1988.
(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.
NOTE FOR THE RECORD: AGENDA ITEM 92 WAS WITHDRAWN.
--------------------------------------------- ---- -----------
63. CONFIRM ORDERING RESOLUTION: SEALED BIDS FOR
CONSTRUCTION OF N. W. 47 AVENUE HIGHWAY IMPROVEMENT H-
4505.
Mayor Ferre: We're now on Item 93. Does anybody wish to
speak on Item 93?
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-301
A RESOLUTION CONFIRMING ORDERING
RESOLUTION NO. 85-41 AND AUTHORIZING THE
CITY CLERK TO ADVERTISE FOR SEALED BIDS
FOR THE CONSTRUCTION OF N.W. 47 AVENUE
HIGHWAY IMPROVEMENT IN N.W. 47 AVENUE
HIGHWAY IMPROVEMENT DISTRICT H-4505.
(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.
RT
104
March 21, 1985
j
i
t�
i
ABSENT: None.
- - ---- -- - - -- -------- - - --- -- ---- - -- - --- ---- -- -- - -- -- --- - -
64. APPROVE EMERGENCY PURCHASE OF SERVICES: WAIVE
COMPETITIVE BIDDING BELAFONTE TACOLCY CENTER FOR
OPERATION OF JPTA TITLE II-B SUMMER YOUTH EMPLOIMENT AND
TRAINING PROGRAM.
------------------------------------------------------------
Mayor Ferre: There is a recommendation here that the JPTA
Title II-B Summer Youth Employment and training Program be
granted to Belafonte Tacolcy Center. As I understand, John,
JESCA wants to get involved in this. Have you talked to
them?
Mr. Dawkins: Mr. Mayor, I have a lot to say about this.
The first thing I want to know is who has the Latin portion
of this? Who has Latin Summer Jobs? You do. Okay.
Mr. Octavio Blanco: Just for your information, Youth Coop
used to have it but they decided not to go no more.
Mayor Ferre: Well, who in the Latin community is the
Commissioner's question.
Mr. Octavio Blanco: It used to be Youth Coop.
Mayor Ferre: I'm not asking you who used to be, is there
anybody for Latin Summer Jobs?
Mr. Octavio Blanco: There's nobody.
Mr. Carollo: What is this about Youth Coop?
Mayor Ferre: They are no longer involved in Summer Youth
employment and the problem is that there is nobody in the
Cuban/Latin community who is doing that so who are you going
to do.
Mr. Carollo: This has nothing to do with Youth Coop. right?
Mayor Ferre: Youth is gone now, they decided not to rebid
this as I understand.
Mr. Carollo: Are they getting any moneys from the City
right now, Mr. Manager, do you know?
Mr. Al Howard: Youth Coop? No, they're running their own
project this year with the CETA Consortium, they have
applied for funds.
Mr. Carollo: Nothing from the City though?
Mr. Howard: Not that I'm aware of. What happened was that
we tried to have a Latin organization take over for their
portion this year but we couldn't find one because the
majority are now submitting for their own proposals through
the CETA Consortium and have been approved. Belafonte
Tacolcy will be running both facets, both for the Latin and
the black community as well as the Anglo. They will have
Latin monitors in the areas where the City operated last
year. We did not have Youth Coop last year either. The
City operated, as far as the Latin aspect was concerned, we
achieved all of our goals set forth by the Consortium of 67%
for the black and 33% for the Latin and again we will do it
f
again this year. It will be worked through Belafonte
--
Y
Tacolcy.
j
_y
RT 105 March 21, 1985
0 0
Mr. Carollo: How much money are we talking about all
together?
Mr. Dawkins: $293,150.
Mr. Howard: Well, $293,000 is the money that Belafonte
Tacolcy will receive to operate the program. The total
program is $1,000,000 to hire ....
Mayor Ferre: Now these are federal funds that are coming
through the City for Summer Job Employment.
Mr. Howard: Right.
Mayor Ferre: The question is that we, my office has gotten
a phone call and I think they're trying to call all of you
right now today, that JESCA says that for some reason they
were unable to apply, I don't know, what is that all about?
Mr. Howard: Well, we did try to receive applications from
every organization that was eligible. We went through the
Consortium. There were very few that are eligible. The
ones that we wanted to put on are applying for their own
grants, they are operating it themselves this year through
the Consortium. So you can't operate two grants at the same
time.
Mr. Dawkins: Okay, well, why is it that we did not go down
the streets to OIC?
Mr. Howard: We went through the Consortium to get groups
that they recommended to utilize for this program and the
ones that they recommended are the ones that we approached.
As a matter of fact, there are about 14 different groups
that we contacted. But all of the people that will be
working with the Consortium and with the City will be
handled through Belafonte Tacolcy. We did this last year
and we ran into no difficulties and we served a thousand
youth last year in the Summer Youth Program.
Mayor Ferre: Do you mean the full million dollars will go
through Tacolcy?
Mr. Howard:
No,
the payroll
comes from the
consortium. The
$293,000 will go
to Tacolcy
for the staff,
the rest of it
comes to the
City
and is funneled
out to the
participants.
Mr. Plummer:
How
many people
on staff for this
program?
Mr. Howard:
There
will be 8
in the City and
I believe it is
63 in Belafonte
Tacolcy.
These are monitors and staff
members.
Mr. Carollo: John, how are you planning on servicing Little
Havana, are you going to have an office there?
UNIDENTIFIED
SPEAKER: We're going to hire
monitors out of
Little Havana. They are going to be their
own counselors.
That's what
we did last year.
Mr. Carollo:
They're going to be out
there.
UNIDENTIFIED
SPEAKER: They're going
to be in Little Havana
but we'll hire
them.
Mr. Carollo:
Who were some of the
people
that you hired
last year?
'.
UNIDENTIFIED
SPEAKER: I don't know
them name
by name, but
we ... See,
we didn't run the total
program
last year, Inez
Arman ran it
for the City of Miami.
_;'
{`
RT
106
March 21, 1985
1
Mr. Carollo: How many of the kids that you had in the
program last year were Hispanic?
UNIDENTIFIED SPEAKER: 33%.
Mr. Carollo: Well, I've got a problem with putting all the
moneys into one program. Mr. Mayor, I think that first of
all I can't comprehend that if there is a million dollars
out there that there is only one organization in this City
that is interested. It is the first case that I've ever
heard of it. Usually you have 30 groups fighting for it.
Mayor Ferre: Well, this isn't until the summer and we've
got time to deal with it between now and April. So do we
want to defer it to the Meeting in April?
Mr. Carollo: I would like to defer it until the meeting in
April. John runs a very good program there. I'm not trying
to knock his program down at all, but I am just concerned
that if all the moneys are given to one organization it is
not going to give the quality of programs that we desire.
Mr. Howard: Excuse me, if I may, the Belafonte does not
receive all the money, it comes through the City to pay the
participants, the 1000 that we're going to be employing.
Mayor Ferre: The Commissioner has made a motion that this
item be deferred till April. Now, does that do any harm?
Well, tell me what the harm is, John.
Mr. Howard: Because we're under a deadline with the
Consortium.
Mayor Ferre: What is the deadline?
Mr. Howard: April 1. That is when we start up the program.
Mayor Ferre: Then we'll defer it until next week, next
4 Thursday, on the 28th we'll take it up.
Mr. Carollo: What I would like for the City administration
to do is go out there and solicit all the different
organizations that have done this before and see really who
is not interested. I would like to see something in writing
from the different groups that would do this stating they
are not interested.
Mayor Ferre: This item is continued until the 28th.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-302
A MOTION TO DEFER CONSIDERATION OF THE
WAIVING OF COMPETITIVE BIDDING
REQUIREMENT FOR EMERGENCY PURCHASE OF
SERVICES FROM THE BELAFONTE TACOLCY
CENTER TO PROVIDE FOR THE ADMINISTRATION
`
AND OPERATION OF THE JPTA TITLE II-B
SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM; FURTHER DIRECTING THE CITY
MANAGER TO SOLICIT GROUPS THAT HAVE
PERFORMED LIKE SERVICES IN THE PAST TO
DETERMINE IF THEY ARE INTERESTED AND
REQUESTING THEM TO SUBMIT A LETTER IF
Yx
THEY ARE NOT INTERESTED.
RT
107
March 21, 1985
s`
Upon being seconded by Commissioner Perez, the motion
j: 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. Carollo: Mr. Manager, it is my understanding from what
one of your staff people gave me that we have allocated
$50,000 this year through Federal Revenue Sharing to the
Youth Cop Up Group.
Mr. Rosencrantz: Yes, I think that is correct.
Mr. Carollo: What I would like to get, as soon as I
possibly can - what I mean is by next meeting, what is this
money being used for. I would like to get a list of all the
employees they have there, how many hours a week they are
working, what they're making and a list of the individuals
that they are serving with this money and an accountability
of every penny that we have given them.
65. PUBLIC HEARING: AMEND ARTICLE 15 SPECIAL PUBLIC
INTEREST DISTRICTS OVERTOWN PARK WEST - DISCUSSED AND
TEMPORARILY DEFERRED.
Mayor Ferre: We are now on Agenda Item 95. All right, Mr.
Traurig, did you want to say something about 95?
Mr. Robert H. Traurig: Mr. Mayor and members of the
Commission, my name is Robert H. Traurig. I am attorney
with offices at 1401 Brickell Avenue. The first thing I
would like to say is a memorandum in my file and a
memorandum in the file of the law firm of Fine, Jacobson,
both indicate that 'this hearing was supposed to be held on
28th of March, and not the 21st, and it was only accidental
that I bumped into both Mr. Rodriguez and Mr. Bailey the day
before yesterday and asked why is it on the 28th of March
and they say it is on the 21st, so we are not fully
prepared, but I would like to, not withstanding that, since
everybody is here for this hearing ...
Mayor Ferre: So what is your point? Do you want this
deferred to the 28th?
Mr. Traurig: That would be my preference, but I am also
prepared, since the hour is only 4:10 P.M., and I don't have
another appointment elsewhere until 4:45 P.M., I can make my
statement right now. I would like to call your attention to
the fact that I believe that there is still some unfinished
business that ought to be concluded before this ordinance is
considered, and let me explain to you what it is. Just a
few minutes ago, I asked Mr. Bailey and also Mr. Schwartz
about how this ordinance would be implemented. I asked them
questions, for example, and I would call your attention to
the provisions of this ordinance under 15165.3.2.1, which
relates to the allowable increase in non-residential floor
RT 108 March 21, 1985
0 0
area for the provision of on -site or off -site residential
use, and I would call your attention to the fact that he
says that if we build concurrently with the construction in
the 16.1 district, which is the Biscayne Boulevard area - if
we build residential concurrently within the other portions
of the Park West Overtown regions, we would be entitled to
additional square footage. But, my first question is, what
is it concurrently, and they said that means simultaneously
and then I said, "Well suppose we build the residential
first - would we be entitled to credits that we could then
utilize on the boulevard frontage?" They said "Yes, we are
going to have regulations that provide for that". I said
"Well, shouldn't we consider the regulations simultaneously
with the ordinance so that we know exactly what they
contain? Then I asked the question, "Suppose we buy into a
project being developed by a residential builder because our
client is an office building developer and wants to build on
the boulevard frontage across from the seaport and we are
not at the present time - we don't have the capability of
building' residential. Can we into that residential
builder's project", and they said yes. I said "How much do
we have to invest? Can we invest one percent of the
capital, fifty percent of the capital, one hundred percent
of the capital - what is the amount that we have to invest
in order to be entitled to transfer those credits?" The
answer was the regulations will deal with that, and we are
going to come up with fair regulations.
Mr. Bill Freixas: Mr. Mayor, please, I hate to interrupt
Mr. Traurig. My name is Bill Freixas, I am Chairman of the
Blue Ribbon Committee. And I think that if you listen to
the recommendations of Mr. Traurig, most of those questions
are going to be answered. It is simple. It deals with all
footage for footage funds - one, for one. If you buy in
your venture 20% of the deal and it is 20,000 square feet of
residential and you bought it for 20% of that, you get 20%
of the footage, that is the bonus you are going to get in
this case. It is just like that. You build first the
house, and then you get the bonus.
Mr. Dawkins: But will these bonuses be stored? I've got a
problem with this.
Mr. Herbert Bailey: Commissioner, I think we started out
discussing a matter that the staff or the Administration has
not even presented to the City Manager or to this Commission
for consideration. I for one, and I guess you have known
for the past few years since I have been here, and I know
regulations that have not been approved before this
Commission. The discussion that I had with Mr. Traurig, and
when he asked me a question about the transferability, and
transferred development rights, and the response to that was
a matter of a professional consideration regarding what the
possibilities may be, but we have not, in this particular
zoning ordinance that we are bringing before you today, does
not deal with transfer rights, or transfer abilities of
bonuses. Now, I can assure you that at some time, when we
start with the implementation process of this ordinance and
we come back before this Commission, those questions can be
answered and those concerns of the attorney, of Robert
Traurig, can be brought before this Commission and we can
come up with a procedure, but the matter before you today is
establishing a base zoning ordinance that will permit us to
continue with this project.
Mr. Dawkins: Well, when you come back, don't come back with
no stored bonuses, for my vote.
Mr. Bailey: Well, whatever this Commission ...
RT 109 March 21, 1985
<.s
I
Mr. Dawkins: No, no, not I am not interested - that is me!
i You know, you can come back with this to the rest of the
Commission, you see, but I am not going to .... I am already —
disturbed about this. And then for me to allow speculators
�'. to come along and store something to use 10 or 15 years from
ji now, I've got a problem with it, Mr. Bailey, and I am going
to tell you now! -
Mr. Bailey: That is not the position that we are coming
with to you today and terms of this zoning ordinance. It
has been before the Commission four times. We have been
through the P.A.B. with this at least three times and at the
January meeting ... the December 20th meeting was when the
Commission approved at first reading and then appointed a
Blue Ribbon Committee, we worked with that committee that
met on three occasions and adjusted to some of the
recommendations that were suggested by that committee on
behalf of this Commission. We thought those recommendations
were in order and that the cost of the substantial change
and the nature of the zoning ordinance that was being _
presented, we went back before the Blue Ribbon Committee and
it was then passed, so we are back here again with our
recommendations and we are supporting the recommendations of
the Blue Ribbon Committee which you appointed, and Mr.
Freixas here, who is the Chairman of that Blue Ribbon
Committee, I think it would be appropriate at this time to
have him report to you the results of that Blue Ribbon
Committee that was appointed by this Commission.
Mayor Ferre: I think that is appropriate, myself. Go
ahead. Counselor, do you have a problem with that?
Mr. Traurig: Well, I tried to follow exactly what Mr.
Bailey was saying. He is saying - let's pass the ordinance
and then come back later on with the regulations, and I am
saying that the comfort which a prospective developer would
like, is to know specifically what he has got and until he
sees the regulations and how they would be applied to the
ordinance, we can't ... no, I would like to make some
substantive changes in the ordinance and suggest them
rather, to you for consideration, which I would be happy to
comment after Mr. Freixas as spoken, but I do think that it
is inappropriate to pass the ordinance without you having
any real feeling as to what these regulations will be, and
how this whole question of transfer of development rights
will work. For example, and I just want to throw out a
couple of other things for your consideration at this point.
Suppose a developer were to go into the Park West/Overtown
area and a build a 100,000 square feet of residential. Had
he been an owner of property at that moment along Biscayne
Boulevard or within the SPI-16 area, he would of course, be
entitled to transfer that 100,000 square feet, or be
entitled to a credit of 100,000 square feet to supplement
whatever else he would be entitled to within the property
that he already owns. Supposed however, after he has built
100,000 square feet, we go to him and say "You are entitled
to build 100,000 extra square feet. Can we buy it from
you?" Now, Mr. Dawkins is shaking his head.
Mr. Dawkins: No way. No. I wouldn't vote for that, is
.. ] what I am saying.
Mr. Traurig: Well, I am not saying that that ought to be in
the ordinance. I am saying that the ordinance ought to be
clear as to what we are getting so we will know what
position to take.
Mr. Dawkins: It also should be clear to what you don't get!
Mr. Traurig: That's true.
RT
110
March 21, 1985
5
0
Mr. Dawkins: Okay, all right.
Mr. Traurig: Let me make one other suggestion to you. The
whole objective here, is to give an incentive to the
commercial developers to go into that area and build. A one
to one covenant, let's call it, is not an adequate
Incentive. If it was three to one, so that if we went to
the residential area and we built 100,000 square feet or
35,000 square feet, we could be entitled to an extra
10090009 105,000 square feet in the commercial, I think that
a lot of developers of the commercial would rush in there
and build. You should be encouraging building by creating
an adequate incentive. I would ask you to consider that.
Mr. Dawkins: The only way I would consider that, Mr.
Traurig, is if you went to HC-1, SPI-16.2, and went to the
inner core of this development and then, I would consider
it, but to start out that with SPI-16.1 in that yellow and
move in, no. Anything in that black area there, I would be
willing for that, but nothing outside of that.
Mr. Traurig: Well, at the present time it says that we can
only be entitled to the credits if we are in the SPI-16. We
would do, in the area that is targeted as the most critical
area. The whole question is, can we buy those credits from
somebody?
Mr. Dawkins: No.
Mr. Traurig: And a three to one basis might be a ...
Mr. Freixas: But, see, he is asking ... let me explain what
the problem ...
Mayor Ferre: Wait a minute. Hold on. I think Bob, we are
putting this thing in reverse, and it is my fault, I
apologize. I out of courtesy to you, called you up, but I
didn't intend for you to take over the whole thing and I
think we really need to let the Administration present its
side and let the Chairman say his piece and then we will
come back to you. All right.
Mr. Freixas: Thank you, Mr. Mayor. My name is Bill
Freixas. I am Chairman of the Blue Ribbon Committee in
Southwest Overtown. I think the first problem that we have
with Mr. Traurig, for which I have a great respect as an
attorney, is that we met on four different occasions and he
did not attend those meetings. Every single attorney for
every single property owner in the area went there to speak
their minds, and this is how we came up with this after four
meetings where we agreed and the architects made
presentations to us on what could be a workable solution to
the area. What we were mainly concerned was we create a
residential community in that target area, as you
established in the ordinance. The whole district, as you
know is SPI-16. That is with the overlay district. On
those precincts you are going to have two - SPI-16, and then
you have SPI-16.1 SPI-16.1 is the one he was addressing to,
that is along fronting on Biscayne Boulevard. Our
recommendation is very simple. That if we create a
commercial base for a F.A.R. of 2 ' You have to take into
consideration that the y are picking up, in the new
calculations of the factor, 80 feet in gross area to the
middle of Biscayne Boulevard which is a very wide boulevard,
so actually, if you go and take into consideration those 80
feet they are getting a net 3 F.A.R All we are saying, that
if they want to go to a maximum of five, five believe me, it
would be in every block a Southeast Tower, in every block
rr
between 5th and the Expressway. There is no way there could
HT 111 March 21, 1985
t 0
be five, but if you want to go to five, all we are saying is
that concurrently with the starting of the building, we are
not precluding that they could build residential first. We
understand that. That is our intention and that is our
ideas and that is what the Department wants to get going,
which is the private sector involved in the building of
residential units and the area. If they want to go to five,
they have to match, foot by foot, in the target area! How
do they accomplish it? Well, now we go to the guidelines.
Those guidelines are to be worked out in the Department.
There is many ways to accomplish that. You could do it by
joint venturing. You could do it by buying a percentage but
what they have to net is foot by foot the amount of the
bonuses that they want to get. If they want to get a bonus
of one, they only want to go to three, that is fine. You
have to go and produce that in target area. They are not
precluded from building the first, but they must do it
concurrently if they are going to build commercial at the
I same time. It is that simple. Now, the guidelines, they
have just got to be worked out!
Mayor Ferre: Mr. Freixas, we have been dealing with this
issue now for how long, Mr. Bailey?
Mr. Bailey: December of 1984.
Mayor Ferre: Since December of 1984 and we are now in March
of 1985. This matter has been postponed, what, four times?
Mr. Freixas: Four times.
Mayor Ferre: It went to the Planning Board ...
Mr. Freixas: Twice.
Mayor Ferre: Twice? We have had public hearings for a
year.
Mr. Freixas: Yes, sir.
Mayor Ferre: Demetrio Perez is not satisfied. He wanted a
special Blue Ribbon Committee. We appointed a Blue Ribbon
Committee.
Mr. Freixas: The Blue Ribbon Committee, by the way, Mr.
Mayor, met four times at public hearings too.
Mayor Ferre: At public hearings. Janet, you were my
appointee, if I recall.
Mr. Freixas: Ron Fraizer is here too. He was Miller's
appointee and Hines Reed could not be here tonight, or Tony
Marina could not be here today.
Mayor Ferre: And you met and you have now come back with
these recommendations. I am ready to vote on it, because
otherwise, what do we appoint these committees for, and what
do appoint ... and what do we have - Mr. Bailey is making
too much money for us not to ... for us to disregard him for
a year. I mean, if he is that wrong, then you know ...
Bailey has been working for nothing and he has got staff -
we have had public hearings. We have had boards. We have a
special Blue Ribbon Committee. They had four meetings. We
have been putting this thing off. Now this is the fourth
time we have put this thing off. What else is there to do on
this thing?
Mr. Perez: Did you meet in your Blue Ribbon Committee - did
you have opportunity to meet with business community of the
area, with all interested and with all the people involved
u`;
in the area?
Mr. Freixas: Yes, sir. We met with their attorneys and
their architects. In fact, SPI-16, I am going to mention
now, was a combination of recommendations from them that we
1 took at the public hearings. Their basic concern, on the
SPI-16, was that they have taken away from them the 1.72
with commercial F.A.A. that they had now. What we did is,
we maintained the 1.72 of commercial, but the requirement if they want to build the 1.72. They have to go with 2.16
i of residential on top of that, or there can be the 4.32
F.A.R. for residential alone if they want it to. That was a
good compromise. It accomplished both things. We know and
you know that I am also a developer, developer, that if you
are going to be residential, and you want to build ownership
you have to get money in commercial. This getting the
commercial F.A.R. and they have incentive to build the
residential F.A.R. I think it is a good ordinance. I think
it has been worked out from every angle, everybody is
positive, Mr. Mayor, and I think you have the best possible
solution for everybody.
t Mr. Perez: Does that satisfies all the parties involved in
this?
Mr. Freixas: Commission, you don't ask that! To satisfy
all parties, that is impossible! I think this is the best
1 solution that we could come along with.
i
Mr. Plummer: Address the problems that Mr. Traurig brought
up with the regulations, or the rules are coming after the
zoning.
t
Mr. Freixas: Well, Mr. Plummer, the basic bonus laid out is
foot for foot. It is there. Now, there are many ways to
accomplish that and I suggest to you that you have a very
capable staff that could do it, given flexibility and the
power to do it, but it is food for thought. If you build
one foot of commercial as a bonus, you got to build one foot
of residential in the target area.
Mayor Ferre: And you know, the point is, that this
Commission meets once a month, and I am sure that we can
deal with the regulations as they come up in the future, and
we can amend something that doesn't work. You know, we can
make it work!
Mr. Freixas: I think you have the guidelines well
established. It is just a matter of ...
Mayor Ferre: This is not a static thing. It is a flexible
thing, relatively speaking.
Mr. Plummer: Let's hear from the public.
Mayor Ferre: Anybody wish to speak from the public on this
issue? I wanted to go back to Mr. Traurig, actually. Wait
a minute, because this is overwhelming now. I thought that
would be ...
Mr. Ernie Fannatto: Ernie Fannatto is my name and I am
President of the Taxpayer's League, Miami and Dade County.
Mayor Ferre: Well, Good Afternoon, Ernie.
Mr. Fannatto: I don't think one for one is enough bonus
with the cost of building today, and I will tell you one
thing, we are pinched -for money for taxes. We have got to
be a little more liberal, and let's swallow our pride and
let's try to keep the taxes down. You are not going to do
it unless you build. Thank you.
RT
113
March 219 1985
Mayor Ferre: All right, sir. Thank you. Be careful how you
use that word "liberal". That's ...
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Carollo: Ernie, you didn't mean liberal, you mean being
conservative and not spend taxes.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: All right, next speaker.
Mr. Richard Weiss: Mr. Mayor and members of the Commission,
my name is Richard Weiss. I am here from the law firm of
Fine, Jacobson, Schwartz, et. al. I am here on behalf of
Ted Aronson and the properties of Hamilton, who own a block
of properties on Biscayne Boulevard here between 8th and
9th. We believe that the proposed F.A.R. of two, for the
yellow area is contrary to what is trying to be accomplished
by the Southeast Overtown/Parkwest District. The purpose of
that district is th encourage the ...(INAUDIBLE, OFF
MICROPHONE) ...
Mayor Ferre: Mr. Weiss, excuse me for interrupting you, but
I want to see how many speakers are going to be on this
issue, so we can allocate time and plan properly. Would
you raise you hands, those who wish to address the
Commission? All right Mr. Fraizer, you are one. Mr. Teale,
you are two.
Mr. Carollo: Raul Rodriguez.
Mayor Ferre: All right, Mr. Rolle. Tony, do you want to
speak? That is four. Janet is five. Is that it? All
right, now, does anybody need more than three minutes?
Three to five, all right.
Unidentified Speaker: Mr. Rodriguez will need five to seven
minutes and I will take three.
Mayor Ferre: That is fine. Anybody else? Okay, so with
the exception of Janet, who wants three to five, and you who
want five, Mr. Rodriguez will want seven, and you want
three. I will give each of you five minutes and you can
allocate to him three of your five, or two of your five, and
now we will proceed, okay?
Mr. Weiss: (INAUDIBLE, OFF MIKE) ... seems to me that in an
area that you are trying to encourage development, to put
',I
such a low F.A.R., is contrary to the purpose you
are trying
to do. The people mover station, which will be
one block
from this property, all planning and good zoning studies
say
that it should be intense development around that
area. To
put an F.A.R. of two there, sandwiched between
a six and
unlimited, just doesn't seem to make sense. We
originally
asked for a F.A.R. of six for that area and we would
like to
propose a three, which will give us enough F.A.R.
to develop
appropriately in that area, but will address some
of the
concerns of staff. One other problem that we
think the
current ordinance has, and that's ...
J
Mayor Ferre: Mr. Weiss, perhaps we can get to ...
I want to
state ... Billy, where did you go? Mr. Freixas?
I just
want to state one person's opinion - to you as Chairman of
the Blue Ribbon Committee. I think what Rick is
saying is
totally 'logical. I cannot frankly believe that
with all
that green area in the Omni area where we went
to a six
F.A.R., where we have unlimited F.A.R. a couple
of blocks
down, that we go to two F.A.R. on the Boulevard.
I am only
RT 114
March 21, 1985
r r
i
talking about the Boulevard and I think in the Boulevard
area, F.A.R. is totally reasonable.
Mr. Freixas: Mr. Mayor, let me ... it is five, it is not
two, it is not three, it is five! It is five! He can go to
five.
Mayor Ferre: Are you talking about five with all the
bonuses?
Mr. Freixas: But the point is, that your guidelines, the
guidelines that this Commission gave the Blue Ribbon
Committee is to create a primarily residential community in
the target area. The only way we can do that, to get the
private sector to build residential buildings is to give
these types of bonuses and besides that, Mr. Mayor, when
they go to three, you are taking into consideration that the
new 9500 ordinance gives it - the gross land of all
Biscayne. Boulevard, which is 80 feet. Two is a three! So,
I don't understand the Counselor, why he is arguing.
Mayor Ferre: Thank you.
Mr. Weiss: (OFF MICROPHONE) ... the other problem that we
have with the proposed ordinance is the residential
requirements discourage developers like our client, not a
residential developer, but a commercial developer, from
developing in that area. What we would like to propose is
that a sum be paid to the City the same way that it is along
Briekell Avenue. This way, it lets the City closely control
the types of residential developments put into that area and
removes the roadblocks for developers who want to do exactly
what the City would like it to do, and that is come into
this area to build high quality commercial space.
Mayor Ferre: All right, next speaker? Are there any other
speakers? Hearing and seeing none, then we will proceed ...
Unidentified Speaker: Mr. Mayor.
Mayor Ferre: Well, that is what I am asking - are there any
other speakers?
Mr. Tony Alonzo: On Park West/Overtown.
Mayor Ferre: Well that is what we have been on for the last
half hour.
Mr. Alonzo: My name is Tony Alonzo and I represent the Park
West Association. I am Vice -President. Normally Mr. Ruwitz
would be here, but he is out of town, and I will take less
than one minute. We have been here since October, not
because we are requesting a zoning change, but the City
wants to request a zoning change that we feel will take away
property rights, the way it has been presented. It has been
a long battle, and as Raul Rodriguez, the architect, and our
attorney, Arthur Teale will further explain in detail what
we mean. The ordinance as presented right now, with the
limitation language still takes away property rights and we
are here to propose an alternative, so I will turn it over
to Mr. Rodriguez.
Mr. Raul Rodriguez: Mr. Mayor and Mr. Commissioners, my
name is Raul Rodriguez and I am with Rodriguez, Kelly,
Quiroga in Coral Gables.
Mayor Ferre: Mr. Rodriguez has seven minutes.
Mr. Rodriguez: I don't think I will take that long. Let me
just start by saying that back in October when we were
RT 115 March 21, 1985
retained, we were asked to look at the zoning changes that
the City is proposing and analyze them and come back to the
association with a recommendation. When we did that, we
i looked at the entire existing zoning, all the way from 15th
Road to the Omni area. It just so happens that the area in
question is the one that is proposed as the lowest zoning.
This plan here shows the area in question. What we decided
to do was to focus on the area marked CG-2.7 and see what it
was that it was currently zoned for and what it was proposed
to be zoned for. The existing zoning for CG-2.7 allows an
F.A.R. of commercial of 1.72, totaling about 3339000 square
feet per block.
Mr. Rodriguez: My seven minutes! Okay, the plan that I am
showing to you now is the proposed zoning. Most of the area
shown as CG-2.7 is now SPI-16, so we took a look at what
SPI-16 proposed. Now, SPI-16 proposed to take a residential
zoning and up it to 2.6, which was zero, and to lower the
commercial to .4, and that was the situation, when we looked
first at this project. We looked at this project in two
ways. We looked at it what would happen if indeed the City
could continue to participate in the funding of this
project, although we believe that that is, at this point,
seriously in question, but we looked at it both ways. We
came back with a recommendation that if in fact, the City
were ... the Board is not here, but it is what is before you
today. Basically, that the City would go on and put its
j 2.60 residential and they would keep their 1.72 commercial,
so that the City would get their way, and the property
rights would not be reduced. Now, there was one language of
limitations in that particular recommendation that the Blue
Ribbon Committee made, and that is that they be tied
together. Again, if you are confident that we can continue
to count on the City's subsidy, in a way, to acquire this
property, it is really ... you will be the ones that will be
acquiring the property, but we also wanted to look at a
different scenario. What happens if these bond issues are
not approved? Or what happens if money is not available to
continue the land acquisition process? Now, you have, not
completed, but you are going to the land acquisition process
on the first nine blocks and you have developers that have
come in and shown interest, but what happens if there is n'o
more dollars to buy the rest of the land? Well, what
happens is then you have down -zoned these people's property
have zoned it primarily residential, and we believe that
that might be a problem for them in utilizing that land, not
only selling it, but actually utilizing it, so we looked at
strictly from the private sector side and said, what would
i be the most adequate zoning, if indeed there were no more
city funds or any other Federal funded available to
i subsidize this, and Matthew will tell you that from the
beginning this project's success rides on that ability to
bring in the public sector financing through tax increment
financing, and we focused on the same zoning that is west of
Brickell, on the area around the rapid transit station, and
What
SPI-7 does is it allows you a 1.5 FAR residential,
but it also allows you up to a 3.0 commercial for a total of
4.50.
It also allows you for this, it allows you for
commercial only of 2.25 if that is what the market bears and
it allows you for residential only as well of 3.75. I say
to you
today and I have had six months to think it over
because
this keeps on being postponed, that if you can
pledge
to the property owners that you will continue to
provide
financing to this project... I believe in bringing
housing
Downtown and I think that it will come and that it's
r
a noble
effort on your part. But if you have any doubts
J;
•.
fL-
ti.
iT1,
R T
116 March 21 1985
s.
,
f f
about this I urge you not to down zoning their property
before those dollars are in place, because again, what you
will be doing is you will be placing a zoning that will make
it very difficult for that area to be developed by the
private sector. That is and it's been used and I don't want
i to get into demamoguery but something of what happened to
South Beach. The fact that it's reserved for a certain type
of project that never happens and then the whole thing sits
their die for ten years. So, that's my presentation and I
will entertain any questions.
Mayor Ferre: I just want to correct on the record my good
' friend Tony, so that we understand. The property owners
have no God given right in the sense that I think you are
projecting. The Supreme Court of the United States has
ruled on many many occasions that governments have in their
policing rights, the right to decide what gets built on a
i piece of property, because the welfare of a community is at
stake. And so therefore, this Commission as past —
Commissions or future Commissions have a right to decrease
the floor area ratio. Now, the problem, of course, is that
j when we increase it from 1.2 to 6 like we did in Omni, of
course, nobody complains except the newspapers. In this
case when we want to do something different and innovative,
then of course, I understand your concern, but I just... and
I'm not saying that I'm for or against, because my history
in this Commission is as the Herald continually points out
has long been for increased floor area ration everywhere,
i because I believe that the only way Miami will survive, not
grow, survive is by continually pumping into it the economic
flow that Ernie keeps talking about. I know people have a -_
tendency to forget, but it is no small coincidence that why
Miami Beach was sinking Miami was doubling and tripling its
i size. It is no small coincidence that during these past ten
years we have built five thousand hotel rooms. It is no
small coincidence that we have built millions of square feet
of office space in Brickell Avenue and in Downtown and
that's why I always find it very funny stu that when the
Miami Herald was printing on front pages about the federal
government investigating my taking a bribe for the food fair
property rezoning. I made a very simple statement. I said
"If you will check the record, I have voted for every single
major rezoning where somebody wants to build a major
building. Now, if Mr. Babylon or whatever his name is,
indeed, or whoever it was that bribed me bribed me, they had
to be the dumbest people in the world, because they could
have gotten my vote without paying me anything. Since I
have a very clear record of voting for in every single
occasion without any exception in the eleven years I have
been Mayor and in the three and a half years I was a
Commissioner for major development. Because I'm a firm and
strong and deep believer in that kind of a process. I might
point out that in the Omni area much to the surprise of your
partner, Mr. Martin Fine who made the presentation, I was
the one who pushed for a six FAR. They never expected to go
that high. They would have been happy with the three and a
half and I went to six, because it's my opinion that it is
essential to stimulate. That was a depressed area and it
was essential for us in the City to induce Mr. Hollo
financiers, Equitable and others and the Marriott
Corporation and others to build large projects to increase
the value of that area and that has increased in value.
Now, the case of Overtown is very different and I want to
tell you that the position that has been taken by the Blue
Ribbon Committee Chaired by Billy Frexias and that others...
Ron Frazier, I think is on it and Janet and others, weighs a
get deal on me, because I think these are practical people
who have looked very, very carefully at the objectives that
we have and we have an objective. Now, we have a difference
of opinion as to how we best serve that objective. You
RT 117 March 21, 1985
think that that objective is best served by increasing the
commercial portion of the FAR. Tony you think that you have
some kind of a right to keep that. I disagree. Raul thinks
that we can best achieve housing in another way. That's
what the crux of the matter is and the crux of the matter is
that we do want to get housing into the Downtown area. It's
one of the most important missing links. Now can it be
induced? I don't know. I don't know and I don't think
anybody else does either, by the way. I think it's a risky
business, but that's what this is all about.
Billy Frexias: Mr. Mayor, if you let me add two things for
the tranquility of Tony Alonso. These recommendations to
you and this ordinance states very clear that it... See
right now there is no project. Nobody is coming forward
with anything. You are not taking away the 1.72 from them
it's there. I am sure that if... and it says so in the
ordinance that you are going to pass today, that it has to
be reviews in three years. In three years this thing don't
fly members of this Commission and you, Mr. Mayor, that you
always have taken the leadership for development and as you
know, I'm a member of the Zoning Board of the City of Miami
and Janet is here to attest to you that I'm pro development.
So, you know, I'm sure that this thing is going to be review
then and...
Mayor Ferre: I would say that the only person that has
voted more than me for variances and development is you.
Mr. Billy Frexias: So, I'm saying to you that you have a
z good project in front of you. If it's another project that
comes along, I'm pretty sure that you guys are willing to
listen to it.
UNIDENTIFIED SPEAKER: That's great Billy, but why don't you
go ahead and buy the whole thing right now and then wait the
three years. You know, I mean that's the issue. You know,
there may not be a project, but there is some property there
and you are zoning it a certain way hoping that this project
moves forward and I love to see this project move forward.
I have a very great vested interest in seeing this project
move forward, but I'm concerned that it may not move forward
beyond the the nine blocks unless the City can secure the
financing to buy the rest of the property. That's what I'm
concerned. And then if you do that and you can't secure the
financing, then what happens is that they are stock with
land that's zoned for you to buy and there are no buyers.
So, I'm trying to give some flexibility to the thing.
Mr. Frexias: All we are saying to you Mr. Mayor, we
understand that project, but the fact is that those pieces
of land have been zoned commercial with 1.72 for a long time
now and nobody has taken the leadership to do anything.
Mayor Ferre: All right, ok. Art.
' Mr. Arthur Teale: Thank you, Mr. Mayor, members of the
Commission. I saw the gleam in your eye when someone said
only a minute, so I won't use my full five minutes, but Mr.
Mayor, this matter... the summary of my statement is being
put before you now and of course, in January we wrote you
and a copy of that letter is attached for your convenience.
In essence in summary there are really four issues here that
I would like to present before you. The first one, Mr.
Mayor and members of the Commission is that you rely very
heavily on the Blue Ribbon Committee and we had the
opportunity to work closely with them and I can tell you
that that was a very satisfying experience from the
prospective of having an opportunity to make the input, but
I would also ask the Commission to note that your PAB Board
RT 118 March 21, 1985
per.. u
voted in favor of an SPI-7 on the same issue after the Blue
Ribbon Committee had met and voted upon the proposal that is
now before you and when we appeared before you a month or so
ago and you returned that action to the PAB Board the vote
was four to three in favor of an SPI-7 and I think five to
two against the recommendation that is currently before you.
I would also note as has been brought before you earlier,
the notion that the private sector initiatives would be
greatly enhanced in effective development of this inner city
project with the SPI-7. Additionally, a matter that I have
some personal interest and involvement in, when you
requested the UMPTA grant and the federal funding for this
the EIS, the federal grant request all made repeated
references to high density. Extremely high density in this
corridor area. In fact, the state of the art and the
accepted principles of modern urban planning adjacent to and
contiguous with transit stations indicates that these
developments, these mixed use developments don't work unless
you have the highest possible density and so I would also
urge that you would give some recognition to the previous
statements, the statements in fact that supported the
federal application which in fact justified the funding
would be the higher density. The other point is that the
higher commercial FAR component is the component that is in
place right now at the Brickell Station area and the higher
density area, I think, should be good for the Overtown area
as well.
Mayor Ferre: That's your best argument.
Mr. Teale: That is. I will make it again. I would also
note members of the Commission that the current RFPs that
are out right now that are under evaluation by the Manager
contain several proposals for the development of this area.
The one proposal that comes from a community based
organization, the one proposal that is currently before the
Commission is a hotel development in the area that we are
talking about. That development would be an inpermissible
use without further action if in fact you approve the
recommendation that is currently before you. At least in my
judgment. The final point that I would make in this area
which... well, the final point I will save for a moment and
go to this other issue, matter that has been of great
concern to this Commission which is the extension... the
northern leg to the Downtown People Mover. I believe that
in the benefits assessment district that we are trying to...
that some of us are certainly supporting and trying to
encourage will be greatly enhanced if both the Brickell area
and particularly the Park West area which is adjacent to
along that corridor has a higher FAR, that in fact can
provide for the higher benefit on the additional commercial
space. Obviously, the space would not be benefited under
this type of assessment if in fact it is a residential area
and finally, I do agree that you have said repeatedly, other
members of the Commission, Commissioner Plummer have said
it, that no matter what you do in your instructions to the
City staff that you don't want to lower the commercial use
that the current property owners have. The limitation
provision of the proposal clearly does that. It lowers
their use and while it does not constitute an unlawful
taking in one sense, it is a taking of a right that they
have in terms of the transfer ability for a commercial use
of that property. Thank you, for an opportunity to appear
before you.
Mayor Ferre: Art, I think the proponents will tell you that
in their opinion they may be taking something away, but what
they are giving to you is worth more than what they are
taking and that's what the issue... and see, you disagree
with that, but that's what they feel and that's what we have
X. = RT 119 March 21, 1985
f.
to decide here. Now, if the present commercial FAR that you
I have is 2. what?
Mr. Teale: The current commercial is 1.72.
Mayor Ferre: Ok. Now,...
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: I'm confused with that. Explain that to me
please.
UNIDENTIFIED SPEAKER: The problem is that there is a
language of limit which means that they must do it in the -
ratio that they build the residential. So, it's tied
together.
Mayor Ferre: I remember now. All right, next speaker.
Mr. Frexias: Mr. Mayor, point to clear Mr. Teale's comment.
The PAB did not recommend the SPI-16 and did not recommend
the SPI-7. It failed both motions to carry either one of
the recommendations.
Mr. Teale: Mr. Mayor, I said that they voted in favor of
it. To get a recommendation before they have to have a five
person vote. The vote was four to three and therefore, that
recommendation does not come before, but there there an
affirmative vote in support of the SPI-7.
Mayor Ferre: I understand. All right, Mr. Frazier.
Mr. Ron Frazier. My name is Ron Frazier and I was apart of
the Blue Ribbon Committee. I have watched the Overtown/Park
West area you know, develop different scenarios over the
last five or six years and I contend that the issue that you
are dealing with right now has nothing to do with FAR and
has nothing to do with zoning. This City Commission made a
commitment in terms of a redevelopment policy that the Park
West/Overtown area would be redeveloped primarily as a
residential based community with supporting commercial,
auxiliary type commercial and that's what the charge of this
committee was about. I think that in terms of the SPI-7,
this committee reviewed the analysis that Rodriguez made as
well as the lawyers from different property owners as it
relates to that. This property has no relationship to the
same kind of transit zoning. There is no way you can
compare the two. I'm also on the Urban Development Review
Board and we just reviewed a project near Western Union
Building which had an FAR of 2.5 which gave a you an
enormous project right on Southwest 8th and what have you.
You can get more on this property than you can get around
that Brickell Station in certain instances. I think the
SPI-7, its intent is mixed use and not residentially based.
So, it wouldn't be appropriate if you are going to follow
your overall policy. If you want to change your policy then
you got a new set of ground rules. Ok.
Mayor Ferre: That's a good argument.
_;.. Mr. Frazier: If you want to change your policy you need to
change the ground rules. The second thing is and I'll...
Talking about transit development around stations. I just
finished doing a study for the Model Cities corridor and
based on that we had Hammer, Siler and George which was the
` economic consultants and we looked at four major cities just
see what had been happening around those stations that have
already been built. In Atlanta, Baltimore, Washington,
Boston and we find that the transit station doesn't
necessarily guarantee there is going to be any
RT 120 March 21, 1985
4
redevelopment. That's a myth. A lot of the redevelopment
comes on it's on because of other merits. The transit
facility may facilitate it, but it doesn't promote it and
I you can go into these cities right now and you can go in
everyone of those urban areas you will find out there is
nothing that has happened. Nothing. Around those station
that happened to be located in majority Black areas. So,
there are some other concerns that deal with that. I can
understand Mr. Traurig's concern about the strip along
Biscayne Boulevard. But that strip is not an island to
itself, it has to relate back into the Park West/Overtown
side. The amount of zoning and the FAR that's here will
allow them still to get the magnitude that want. The kicker
j in this whole process is that do you want the residential
' area built? If so, then these developers have to be apart
of that process and they can't do it with just paying cash,
they got to be committed to do it simultaneously.
Otherwise, it won't get done. I think the last item and I
think this Commission needs to deal with this first hand.
Are we dealing with a question of greed at public expense.
We met with what the property owners had. We looked at all
of the zoning classifications. We did not down grade what
they currently have. They can still build the necessary
commercial that they need. All we put in is that we would
like to see some residential development. You can still do
what you want to do, but if you go beyond that you will have
to give us some bonus points. So, it goes back to whether
or not you are going to deal with the primary policy
decision for redevelopment as a residential area or you
change the policy decision, then you can change the rest of
it. I think the ordinance has the flexibility that you can
build into it the regulations that you need to deal with
transfer development rights and all the rest of it. It has
that amount of flexibility and you have just as much time as
it took you to get to this point to deal with those issues.
But if you don't vote on this now, you know, why have all
these committees. It's just a waste of public time. Thank
you.
Mayor Ferre: All right, Jackie.
Ms. Jackie Bell: Mr. Mayor, fellow Commissioners, it
certainly is good this afternoon to see all of these people
here talking about Overtown since it took us ten years to
get here and I think I'm the first one who caused
redevelopment or talked about redevelopment, but that
community never did talk about a complete residential
community. We talked about a mixed use community because we
needed jobs and we needed development. We have enough low
income housing in Overtown and we have told you that since
1974. When we looked at all of the economic pieces,
Community Development, the UMPTA grant for those four blocks
that was for commercial development. That was not for
housing and it seems mighty strange that all of the people
who had been apart of that community is not here this
afternoon. They think you are having this at 7 o'clock
tonight and it seems mighty strange that the people worked
so hard are now being thrown out. If you go a complete
residential community you and I both know who is going to be
there. It is not going to be any of us. And New Washington
Heights have proposed a hotel. We were the first ones to
make any proposals of any development and if you go with the
zoning you have now you are talking about throwing us out.
But I think that surely people who are interested in
building housing now that we have that doe. stamp tax, now
that we have the twenty-five million dollar housing bill
that I too, probably would look that way, but you all have
to look at where are the jobs going to come from. We the
community needs some employment. We don't have employment
after you finish with building the housing. Yes, you do
RT 121 March 21, 1985
0
r�
j
have some temporary jobs and yes the people who want to
build the houses are not Dade Countians. They are coming
in. They are bidding. They are walking away with what we
the taxpayers and the residents and the citizens of this
{
community have paid for and will continue to pay for. I
think what you all need to do is look at what you agreed on
way back in 1975 for development and zoning. The people who
own the land are not being in any position in the new
development and if you go all housing, you still are not
going to have us there and you are still going to have a
community of nothing and we want a community that will
perpetuate jobs for us.
Mayor Ferre: All right, Mr. Rolle.
Mr. Wellington Rolle: Mr. Mayor, my name is Wellington
Rolle and I live in J. L. Plummer's Miami. I have lived
here for a life time and one of the things that really and
truly disturbed me about all of what I have heard on this
subject- today is that the City of Miami has many many
resolutions that are in the files in the Clerk's Office that
talked about when any development took place in the central
negro district and we are talking about the district that is
bounded by 23rd Street on the North, 5th Street on the
South, about 7th Avenue on the West and maybe the railroad
track or Biscayne Boulevard on the East. Now, part of the
problem when I heard the gentleman talk about property
rights. We are talking about a lot of people who have be
displaced and dispossessed. We are talking about land that
has laid foul for twenty-five years. We are taking about
73. We are talking back to the beginning of the decades of
the sixties that the City of Miami and Dade County in
concert removed a lot of people from this land and everybody
is trying to deliberate on what they feel is the best use of
j
this particular land. Never mind the displaces. Never mind
_
the fact that you have destabilized an entire community.
Now, I have served on the Zoning Board at least a couple of
!
terms with Billy Frexias and the other people here, but I'm
not talking from the view point of a person who has served
on the Zoning Board or any of that. What I'm saying to you
is that we have simply sat here and we have destabilized and
entire community and this Commission has made the policy
statement not once, not twice, not three times, but about
four times that any kind if development that takes place in
this area, they would develop this area as one single parcel
of land granted the interchange that sits in that area takes
up fifty-one acres of land. During this delay in the
development that should have taken place many moons ago in
this particular area the Florida Legislature in its wisdom
sort to amend the legislation and change the definition of
what a blighted area is and they added an "or" in that
particular passage in the definition and they included these
gentlemen here who were talking about the property rights of
his particular clients. And we are talking about an area of
warehouses from Miami East to the Bay. So, what I'm simply
saying to you, sir is that there is a golden opportunity to
exhibit a class of leadership that it has talked about in
many of its resolutions and has paid lip service to some
causes that I believe that the Black citizens in the City of
Miami would like to see this Commission address for one time
since for the last twenty-five years and that is solve the
problem of why tourist don't come back to Florida, to Miami
and at the same time solve the problem of saying that there
are different kinds of activities that are available within
the boundaries of the City of Miami whether you go in the
Hispanic area, in the Black area or in the Downtown area.
Thank you very much, Mr. Mayor.
Mayor Ferre: Wellington and please don't take this. I don't
{
mean this offensively. Are you for or against 957
;s
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RT 122 March 21, 1985
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i
{Z
Mr. Rolle: Pardon me.
Mayor Ferre: Are you for or against 95? The issue that we
are talking about. Are you for it?
Mr. Rolle: Yes.
Mayor Ferre: Ok. I didn't understand it from your
statement. Thank you.
Mr. Daniel Crumer: Mr. Mayor, Commissioners, my name is
Daniel Crumer. I operate the Crumer Company in 7th Street
in Miami that happens to be in the middle of Park West. We
have operated a business in Miami since 1913 and with that
kind of longevity we ought to know a little bit about the
Park West/Overtown redevelopment area.
Mayor Ferre: I will tell you, you are lucky Plummer isn't
here. If you have here since 19 when?
Mr. Crumer: 13. I haven't personally, Obviously.
Mayor Ferre: And you call it Miami, you got bad problems.
Mr. Crumer: I just don't talk with a southern accent.
Mayor Ferre: You got to say Miama. Didn't you hear
Wellington and J. L.?
Mr. Crumer: I would like to know one thing. I think...
sitting back listening to the Commission the presentation
that's in front of the Commission today, I don't think one
point has been clearly made. The first phase of the Park
West redevelopment area, the six blocks have been funded.
You are now about to zone this area that's going to be in
the second phase, but as of today, there is not one dollar
allocated for the development of phase two and since the
inception of this Park West redevelopment area has taken
place the federal government as well as the state and local
government have less money available for redevelopment than
they originally had. Unfortunately our government in
Washington is not throwing money down towards Miami as well
as any other city and there is no money available. So, t
would like the Commission to tell us property owners and
citizens where is the money going to come from before you
change the zoning to tie residential to commercial where
there is no money for the residential development. Thank
you.
Mr. Bailey: Mr. Crumer and members of the Commission, I
would just like to state for the record and in fact remind
Quite a few of us that this redevelopment plan has never
been predicated upon federal funding. And I think if you
look at the plan that has been approved, the entire public
cost that is to be born through the use of tax increment
financing and what that simply means is that the increased
tax revenues generated as a result of development activity
taken place, those increased funds will go into a trust fund
and those monies will be used to further pay the public
cost. Now, making that work here in Florida or making that
work in the City of Miami. I think this Commission has
taken a step that perhaps no other redevelopment agency for
tax increment financing has done. They have already primed
the pump with thirty—two million dollars to get development
started and as that development starts tax assessments
increase. In fact for the first time the last year when I
came here we didn't get any money because the tax
assessments went down. This year we will get a few dollars.
As development continues to take place either on Biscayne
RT 123 March 21, 1985
Boulevard or any where within that area revenues will
increase. We then be able to float tax increment revenue
bonds and just like we found the money to do the first phase
I can assure you we will find the money during the
subsequent phases if this Commission so desires.
Mr. Crumer: Mr. Bailey, I simply say that when that occurs
then change the zoning. But don't change the zoning now on
the hypothesis that that might occur in the future...that is
Mr. Crumer: .... (INAUDIBLE)... and I don't think the
Commission should do such.
Mayor Ferre: All right, are there any other speakers?
Janet.
Ms. Janet Cooper: I'm confused. I'm upset and I'm afraid
from what I hear here tonight. Mr. Crumer has said to you
don't change the zoning. We had a discussion a few minutes
ago. What terrible, terrible thing are you trying to do to
their zoning. You are trying to take the 1.72 FAR for
commercial that they already have and give them an
additional what? Is it 2.6 for residential. Terrible.
Don't do it. Don't give them the additional 2.6 they are
saying to you. Why? Why are they saying giving them
additional FAR. It's such a horrible thing you don't hear
# this from developers. There is one...
Mr. Crumer: Because you are tying into the commercial
that's why.
i
Ms. Cooper: I can answer my own questions. Thank you. I
j didn't interrupt you. Please let me make my presentation.
Mr. Crumer: Yes, it's just rhetorical.
Mayor Ferre: No, it's not rethorical.
Ms. Cooper: It really was.
Mayor Ferre: No, she has the right to speak.
`
Ms. Cooper: And that's exactly it. Even though I don't
want him to tell you. I would rather tell you he is exactly
right, because they don't want to tie it to residential.
=..
They don't want to build residential. What is the purpose
of Park West/Overtown? What is Mr. Bailey working for?
What has this Commission spent so many days worth of time on
and so much money. What have I personally been serving on
various committees for over a year to try to promote
-
residential development in Park West/Overtown? Why don't
they want to give them the added FAR now? because they want
to try perhaps to rush a head and build exclusively
commercial and office buildings before you change the
zoning. You know what's going to happen if that occurs, you
are never going to have a residential development. Now,
there is a bit of deja vue going on here. A copy years ago
we had and SPI-5 district between the river and 15th Road
and this was supposed to be the great mixed use district in
the City of Miami bordering Downtown Miami that was going to
—
provide housing for the workers who were going to go up
Briekell Avenue and go to work in Downtown. We were going
to have an active twenty-four hour vibrant living community
in the Northern part of Briekell Avenue. We are going to
have this by encouraging residential development, requiring
residential development and what do we have today. Not one
residential unit that has been developed since the inception
of that ordinance. Not one. All we have is office and we
have more of what happened Downtown, which is that it closes
RT
124
March 21, 1985
lip
up after dark and there is no life, there is no activity.
There is nothing going on Downtown. So, then the discussion
was when we decided not to require residential in the SPI-5
district. Well, we are going to collect money from those
developers who are building all commercial projects and we
are going to allow them to use that money. We are going to
use that money towards housing within a one mile radius and
we increased it so that it would include Park West/Overtown,
because this Commission wanted to encourage residential
development in Park West/Overtown, which is now the only
1 area left that can provide any housing in the Downtown area,
in the Greater Downtown area. And now what's happening is
you are hearing requests and demands from developers, don't
make us build residential or from Mr. Traurig. If you make
us build residential let's make it be so little only one
foot of residential for every three feet of commercial. So,
insignificant residential that you want make a dent and I'm
going to put this diagram up here. Basically, you are
hearing to disagreements. Number one, is with Biscayne
Boulevard. They are saying, we have no problem with you
letting us build a five FAR of commercial. We are not...
this committee, the Blue Ribbon Committee and the Commission
and the Planning Department and everybody else, nobody is
asking them to build as a requirement housing on that
property. They are just saying they don't want to do their
fair share to provide the housing else where in the Park
West/Overtown, that everybody else seems to think is
reasonable in order to put that commercial on that property.
They are saying let us get away with it. Let us put up the
commercial and not accept any of the responsibility and I
say that's not fair. A foot for a foot is fair. The other
thing is in SPI-16, they don't want to build any
S residential.
Mr. Crumer: That's not true.
Ms. Cooper: Excuse me.
Mayor Ferre: Conclude your statement Janet.
Ms. Cooper: They are asking for permission to not only keep
the same commercial FAR that they are now, but to increase
it and to not have it tied into residential development.
SPI-16 is the core of Park West/Overtown. If you do what
they are asking you will completely kill the project. It
will not be a residential project. You will have another
Brickell in Park West/Overtown and you really have not
thought to do that.
Mayor Ferre: Ok. Go ahead, quickly.
Mr. Crumer: We want housing Downtown. It's the method by
which we bring it. The method that is being proposed is a
method that was tried in the sixties. It was proposed here
in the seventies and we are now in the eighties. We would
like an opportunity to bring housing Downtown by giving the
private sector an incentive and you know that it's not
feasible right now to bring it when it's exclusively
housing. We are not saying we want exclusively commercial,
but they are saying that they want exclusively housing.
Ms. Cooper: Absolutely not. Absolutely not. It's two feet
commercial for three feet residential in an area that is
supposed to be residentially oriented. Anything more than
that is not going to fly and if you don't make them build
the residential you are just not going to get it.
Mayor Ferre: What we are
the same statements over
the issue is clear. I
< 1 d
doing is is we are being to repeat
and over and over again. I think
permit these things to ramble on
125
March 219 1985
i
"1
because most of us don't pay attention half of the time.
So, it takes about four or five repetitions for us to
understand what's being said and now that's it's been
repeated five or six times, I understand... I think the
issues are very clear on both sides. Now, I would ask that
you not repeat.. . I think we have now heard each side four _
or five times and...
Mr. Teale: Mr. Mayor.
Mayor Ferre: Yes, yes.
Mr. Teale: Mr. Mayor, people are getting upset, but let's
be very clear about one thing and so that the public is not
fooled. The residential areas that we are talking about are
not rebuilding what was there or for the people that was
there. We are talking about seventy-five, eighty thousand,
ninety thousand, a hundred ten thousand dollars condominiums
as the literature by the City says, for the yuppies, the
upward mobility people that are there. I think that that
issue really needs to be before you, because we are not
talking about residential in the vein that has been
portrayed. We are talking about a completely different kind
of residential and all that we are saying is that a mixed
use, a residential with commercial is a much better use. The
people...
Mayor Ferre: I got the message.
Ms. Cooper: I just want to say, one other thing I should
point out to you. The Blue Ribbon Committee addressed this
issue in SPI-16, the commercial zoning was 0.4. Mr.
Rodriguez came to us with a proposed compromise that was
adopted by the Blue Ribbon Committee. Now, he... Mr.
Rodriguez...
Mr. Rodriguez: That is not true.
Mayor Ferre: No, wait, your turn will come up next.
Ms. Cooper: This is my recollection of it and I think it's
correct and I'm sure that people standing behind me will
tell me if I'm wrong. Now, he is coming to you and saying
what he proposed to use and recommended as an acceptable
compromise is not acceptable. He wants more.
Mr. Rodriguez: That is not true and Matthew that was there
can tell you. What we said and I think that Janet is...
like she said at the beginning, she is confused and she is
upset, but that's not what we said. We said that if you are
confident and we will still say it today, that you can
finance this project. If the Commission is confident, not
the Blue Ribbon Committee, because it's going to come from
these folks, that you can finance this project the way that
Herb has described, through tax increment financing, then
that is fair and I said that then and I say it now. But
what I said was that when I was hired I looked at it both
ways and if you want the private sector to be the one
involved in this, because you may not have those dollars in
the coffer and you don't have them today, I think that you
should consider SPI-7 for this. That's it.
Mayor Ferre: All right, do we have any fresh speakers?
UNIDENTIFIED SPEAKER: Well, I don't know whether you call
me fresh or not Mr. Mayor, but...
Mayor Ferre: Well, you have spoken before. I'm trying to
y see if anybody who has not spoken wishes to speak from the
<4 public. You are part of the family. We are not talking
m
,i ld 126 March 21 1985
about you. Anybody else from the public wishes to speak at
this time. I will give both sides a one minute summary to
tell us the story over again.
Ms. Cooper: Not to summarize, one more point of information
if I may.
Mayor Ferre: Quickly. Quickly, Janet.
Ms. Cooper: I just checked with Mr. Sergio Rodriguez. He
tells me that not one residential unit has been proposed
under the SPI-7 district. It's all commercial..
Mayor Ferre: You already said that. Yes, you already said
that. All right, now. Ron, I'm going to let you be the
anchorman and finish the whole thing up, but let... I don't
know whether Herb or Billy wants to...
Mr. Rodriguez: Let him summarize.
UNIDENTIFIED SPEAKER: No, no, no I got the last one. Go
ahead.
UNIDENTIFIED SPEAKER: Mr. Mayor, all the things that have
been in front of you is we are trying to address housing for
the moderate income. We have come up and we have sat down
with Mr. Rodriguez and one of his recommendations that was
not to take away the commercial floor area ratio and all we
did that is different from what they want to do is that we
tied down, because the mandate of this Commission was very
clearly to create a permanent residential neighborhood and
that was the trust and the guidelines that you gave us. All
we are saying to you is that I think it's a... we think it's
a good ordinance. The one that's in front of you. Let's
approve it today. It also has safeguards in there that says
that it can come back to you in three years for review.
That land has been sitting there for twenty years, only
these warehouses. They are all run down, most of them and
nothing is happening. Besides that you have Bayside Project
going up that is talk and also, the committee took into
consideration the site for the sports arena and you need
people living in that area and the only way you are going to
get this done is just by, not forcing the developer, but I
think you are giving them a good use of the land. You are
not depriving them from the reasonable use of the land and
all basis of zoning is that you allow the property owners to
have reasonable use of the land. Thank you very much, Mr.
Mayor and members of the Commission.
Mr. Rodriguez: Ok. One last message. I agree with my
cousin Freixas here. All right.
Mayor Ferre: Cousin?
Mr. Rodriguez: Absolutely. That's what he calls me right.
Now, if, indeed, you are confident that you can continue to
fund this the way Herb Bailey has said, all right, this is a
good zoning. The only problem is... again, the only problem
is that you have to buy the land. Now, I am saying to you
because of Bayside and all the other things that he has said
you should consider the fact that there might be some wisdom
in introducing the private sector at some point in this in
the actual purchasing development of the property without
having to have to go and take it away from people and then
give it to the private sector. Ok. And if you do that I
think that the most reasonable zoning is SPI-7 because it
allows the private sector an incentive to build housing. In
order to build office space they will have to build housing,
but if you do it the way they have it right now the only
problem is that you... the ratio that you have doesn't pay.
v
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ld 127 March 21, 1985
f
So, people will not develop it unless you buy the land and
give it to them, which is what you have been doing.
Mayor Ferre: You know, I thought you were an architect. I
now see that you are a lawyer.
Mr. Rodriguez: No, unfortunately, I'm not. I will show you
my IRS and you will see that I am an architect.
Mayor Ferre: You are also very clever. Ok. Anything else?
Are there any other statements? Now, is there a motion to
close off the public hearing?
Mr. Plummer: So, move.
Mr. Perez: Second
Mayor Ferre: Further discussion, call the roll, quickly.
THE FOREGOING MOTION was introduced by Commissioner Plummer
and seconded by Commissioner Perez and passed 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
Mayor Ferre: Now, questions and statements from the City
Commission.
Mr. Plummer: I will start it off Mr. Mayor. I have said
from day one and I will continue to say today and tomorrow
that basically, what is being proposed is a wish list and we
know what happens with wishes they don't materialize. I
have said before and I will say again, the only chance of
success that I feel that this project has is with the public
money being involved. Unfortunately, when we proposed the
bond issue for whatever reasons you want to interject as to
the reasons why, it did not pass. It went down the drain.
I fail to see what incentive that you are giving a property
owner presently. When he owns a piece of property he is
going to retain the same zoning that he had yesterday, but
that you are giving him an incentive to build residential
tomorrow and tie into it.
Mayor Ferre: Is that a question or a statement?
Mr. Plummer: No, it's a statement.
Mayor Ferre: Hold on J. L. Wait a minute, because you
know, we got to go through the question period first. There
may not be any questions.
Mr. Plummer: Oh, I'm sorry. Ok. Well, my question is...
let me ask it in the form...
Mayor Ferre: Does anybody have any questions before we get
into statements and I will open it for a motion?
Mr. Plummer: Well, let me ask this in the form of a
question to the department. If in fact these people who
presently own property have a 1.72 classification FAR and
you are proposing that tomorrow they would have a 1.72.
What incentive is there there for them to building
residential? What goody have you given them?
ld 128 March 21, 1985
t
Mr. Herb Bailey: Commissioner, the incentive., first of
all let me say that they currently have 1.72 and that is
commercial.
Mr. Plummer: Yes, sir.
Mr. Herb Bailey: At the moment there is no residential
zoning for Park West.
Mr. Plummer: We are adding on to that at the conclusion of
our negotiation with the property owners another 2.6
residential. Now, the incentives for developers which would
include property owners if they so desire to become
developers are the same ones that we are providing...
Mr. Plummer: No, you are not giving them the option of if
they desire, you are binding it. You are making it
mandatory. That's the difference.
Mr. Bailey: No, no, no, we are not.
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: But what I'm saying is, if they enjoy a 1.72
FAR today...
Mr. Bailey: Commercial only
Mr. Plummer: Commercial... well, that's all that's there
today.
y Mr. Bailey: Yes, right.
Mr. Plummer: All right, tomorrow they still have the 1.72.
Mr. Bailey: Plus 2.6.
Mr. Plummer: But that 2.6 is if only... let me finish.
Mr. Freixas: Commissioner Plummer, they can build... just
forget about the 1.72...
Mr. Plummer: How can you answer my question when I haven't
finished yet.
Mr. Freixas: Ok. I'm sorry.
Mr. Plummer: If they can build a 1.72 commercial tomorrow
as they could yesterday, what is the incentive to them
because of tying it to a residential?
Mr. Rodriguez: Let me answer it in two ways Commissioner
Plummer. First the ordinance that was in front of you
December 20th only allowed them to build 0.40 commercial.
Mr. Plummer: Well, that's ridiculous.
Mr. Rodriguez: Please let me answer you. I'm trying to
back track to the accomplishment that the Blue Ribbon
Committee that you inpanel and the discussions I had with
them. We said that's ridiculous. That's crazy. Ok. So,
we went and said you keep the 1.72 commercial that you have
x"
now. You want to go and build 2.6 residential, but you
don't have to build the commercial. You can go and build
all residential which give you a 4.32 floor area ratio. But
n`':I"
3
now you have to understand that .the mandate of the
Commission and we were... we had... those were the
guidelines given to us, was to create a residential
`=
h
community of moderate income in that area. But they can
build 4.32 residential only tied to nothing.
ld 129 March 21, 1985
t
Mr. Plummer: You consider a hundred ten thousand unit to be
middle income?
Mr.Freixas: I don't think those units should cost a hundred
ten thousand dollars and I will leave Mr. Bailey to talk
about the ..........
Mr. Bailey: I think that's a price and structure our
opponents have designed. That is not the price and
structure that we have determined that will be the case.
Mr. Plummer: Well, but you will not be the final answer any
how.
Mr. Bailey: Well, in terms of... well, we do have a lot to
say in terms of what goes in and the public and this City
has the right to police the type of development that will
occur, but due to the fact that we are providing at the top
a considerable amount of incentive to developers to reduce
their cost and I know.. we know and most of the developer
around here understand that when you begin to reduce the
total cost of development, you can still maintain a high
level quality of unit and transfer that benefit to the
public a moderate price. It is only when you have to pay
the cost of land on a variety of other kinds of costs on a
conventional development that you go up to hundred, hundred
ten thousand, hundred twenty thousand. Now, listened to
Charlie Chisholm on the radio the other day about South
Point and when you tell me that a hundred thousand dollar a
year income is for moderate income people, then I sometimes
get lost. But we are designing and we have stated publicly
that the initial units in this phase will go between forty-
five to sixty-five thousand dollars. Now, that doesn't say
you are getting a real cheap shotty unit, but when you look
at the amount of right down that we are providing and the
amount of low cost financing, we can get built a good
seventy-five thousand dollar unit and pass it on to the
public at a moderate level and that is what we are doing.
You know, you say you project and you pipe dream and what
not, but you know, a lot of this is based our experiences
doing this type of development. We have a considerable
amount of professional back up. We have account firms
looking at our numbers. We have developers who come in and
talk with us and we go through a process for which we can
try to deliver what the city has required us to do. I know
and believe that we can do it.
Mr. Plummer: Have you given any consideration to being what
I would consider a true incentive that if they had just used
ones, since that's what we have been talking about, of a
1.72 that you give a developer the right to go to a two if
he puts in "X" footage of residential. That to me is an
incentive. That is a bonus and that is the very system that
we used in the Omni area and the very system we used in the
Briekell area.
Mr. Bailey: Commissioner, I guess we have been saying this
and I guess I have to repeat it again. First of all, let me
say that the zoning that we are permitting or we are
requesting you to permit us to use today is much more
liberal than the original zoning that was proposed for the
original Park West/Overtown Plan, because if we had gone by
the original one it would be .4 commercial, .3 residential
and on Brickell Avenue, and on Biscayne Boulevard it would
have been 1.0 for commercial. So, we have... we think in
order to maintain a residential complexion for this
_
community and to deliver the kind of development that the
t
plan that has been approved by this Commission in July and
subsequently approved by the County Commission in December,
ld 130 March 21, 1985
f
that the zoning that we are permitting and which your Blue
Ribbon Committee has reviewed and agrees to is perhaps the
best type of zoning that we can recommend as professionals.
Mayor Ferre: All right, Mr. Bailey, Let me say that I think
that in my opinion at this stage of the game everybody on
this Commission has made up his mind as to how he is going
to vote on it and I think we ought to get along with the
voting and I would like to one way or the other, you know,
get everybody to make their statements quickly and let's get
a vote. I am for your proposal. I think it is carefully
thought out. I think it has been deliberated upon for well
over a year. It has gone through many, many public
hearings, scrutiny. It has been debated, redebated,
debated, changed. We have modified. We have accommodated.
We have improved. We have changed. We have done everything
to get thing... we have a dream here. Ron Frazier is right.
We have an approach. It is an opportunity. This is a
commitment that this City has made. It is an important
commitment. If we cannot conclude on this commitment I
think it is a bad step backwards. I think it is after a lot
of work on Overtown, it is a definitive statement that it is
our intention to meander and wander again. This is very
different from South Beach. South Beach was a multi-
billion, billion, billion dollar thing with all kinds of
dreams of bringing down with Steven Suskin dreaming and
bringing in the Rouse Company and the other... and Equitable
and Prudential and it was Steven Moss and Norman Braman
dealing with billions of dollars and it was a monopoly game
that was being played on Miami Beach about it and it was a
dream. It was a real dream. That was a real dream. It
never had any chances of... a modern Venice in America.
Come on. I mean, it was nothing but... it was great, but it
was a dream of Steve Suskin that he sold to Steve Moss and
to Norman Braman and to other people who bought into it and
they convinced the Miami Herald and the Miami News that this
was a terrific dream and then they started... it started
falling a part. This is nothing like that. This is a
relatively small, modest, reasonable project, in proportion
to the totality and there is one other important issue.
Thanks to you Art we got 6.7 million dollars and thanks to
this Commission in the past we have eleven million dollars
committed from bonds. And thanks to the tremendous work
that Herb Bailey has done over how many Years now Herb?
Mr. Bailey: Twenty-nine months.
Mayor Ferre: Twenty-nine months. How many days and hours.
Well, whatever it is it's over two years of work of Herb
Bailey. We brought him down here. One of the best things
that Howard Gary did is reach for this man up in
Philadelphia, brought him down here. He is a specialist in
this. He is a realistic man. I don't always understand
him. He takes to long to make the point, but he makes a
point and he makes a good point and he is a man who has
carefully guided this thing through a very, very complex
maze. I got to tell you I don't understand what the hell he
is doing, but the bottom figure is there and the bottom
figure is that realistically we have committed ---close to
what?--- over thirty million dollars. Hopefully, forty, but
thirty for sure. We are committed to this. We have gone
too far. This has been too painful. It's too important for
us to abandon it now. In my opinion a negative vote today
abandons it. Now, Tony to you, to Lee Ruwitch to property
owners I know you guys are upset, but I want to tell you
something. You are going to make a lot of money. You are
going to make a lot of money and this is a good positive
step. It could be adjusted. We are going to adjust it. It
will change. Oh, yes, we can adjust it. The rules will
move along. We do a lot of things to improve it as it goes
ld 131 March 21, 1985
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along. If it doesn't work in the next six months or twelve
months or we see it getting stuck, we will unstick it. We
will move and we will change it. It's flexibility. But I
think it's time for us to bite the bullet. I know that this
is going to get all kinds of opposition for me. That's
never been a problem in the past and I want you to know it's
not a problem today and I'm ready to vote my conviction.
Anybody else want to make a speech. I'm open for motions
one way or the other.
Mr. Plummer: Well, I will make you a motion if you want a
motion.
Mayor Ferre: Yes, one way or the other. I think it's time
to vote one way or the other.
Mr. Plummer: I make a motion that this be sent back to the
Planning Advisory Board to make it realistic to provide true
incentives so that we can accomplish something through the
private sector and give these people the incentive to go and
to build the housing which they will do if you give the true
incentives and I think that's what's needed.
Mayor Ferre: Fall back and punt. Is there a second?
Mr. Carollo: I will second that motion.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced
Commissioner Plummer, who moved its adoption:
MOTION NO. 85-303
A MOTION REFERRING THE AMENDMENT OF
ARTICLE 15 SPI - SOUTHEAST OVERTOWN/PARK
WEST OVERLAY DISTRICT; SPI-16, 16.1 16.2
BACK TO THE PLANNING ADVISORY BOARD.
(This action was canceled by the passage
of Second Reading Ordinance 9968; later
same meeting. This motion is shown for
record purposes only)
by
Upon being seconded by Commissioner Carollo, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
NOES: Mayor Maurice A. Ferre
ABSENT: None.
Mayor Ferre: All right, so back to the drawing board for
another twenty-nine months.
Mr. Plummer: Mr. Mayor, if that goes back to the drawing
board for twenty-nine months I would change my vote right
now. I want to tell you that.
Mayor Ferre: Oh, yes. Well, I will remind you of that
twenty-nine months from now.
Mr. Plummer: Well, I hope that you will be around to do
that.
Mayor Ferre: I will be around. You may not be in agreement
with that as you haven't been in the past, but I will be
there.
ld 132 March 21, 1985
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I
1
Mr. Plummer: Mr. Mayor, I think that it would be wrong to
make such a motion without this Commission giving some
guidelines. I expressed my opinion before and I will
express it again. I think if in fact you can get tax
incentives that's great and that would be a bonus. I think
that if you come forth with incentives of bonus type of
zoning to encourage the developers to come forth and do the
private sector, I think you have a good shot. I am willing
if the rest of this Commission is to go back out on a bond
issue to at least proffer it. It might not win, but I think
it's going to take an infusion of public money to accomplish
what we are trying to accomplish. I think without it is
foolhardy. So, I would hope that the Planning Department
can come up with some kind of true incentives for the
private sector.
Ms. Cooper: Mr. Plummer, I encourage attempting again to
place the bond issue on the ballot and I would be willing to
serve again on a committee of citizens to try to encourage
its approval as I did last year. I would also like to point
out something which is there is nothing wrong with bonuses.
It's a terrific system. Incentive bonuses. Where it has
fallen apart in the City of Miami in the past has been that
the ground level, the base level, has been so high that
there has really been no desire on the part of the
developers to seek the bonus and so I would caution this
Commission and the Planning Advisory Board and the Planning
Department and the Park West/Overtown Department to make
sure that when they are devising these incentive bonuses to
make the bases that they can build small enough.
Mayor Ferre: Janet, let me interrupt you, because I think
it's important that we try to figure out a compromise.
Obviously, the Commission is not satisfied with where it is
and I may have a recommendation that might satisfy everybody
and I would like for... I see Ron. Did Tony leave? I see
Ron is here. Billy is here. No, Tony Marina.
UNIDENTIFIED SPEAKER: No, Tony left.
Mayor Ferre: But of the Blue Ribbon Committee. You are the
Chairman and I would like for you to consider the following;
"The maximum floor area for a mixed use building shall not
exceed 4.32 times gross land area".
Ms. Cooper: This is for SPI-16?
Mayor Ferre: Yes.
Mr. Freixas: Yes, that's what it is.
Mayor Ferre: That's what it is now.
Mr. Freixas: But that was our recommendation.
Mayor Ferre: I understand that, but follow me I'm reading
the whole thing. "Two, the Maximum floor area for a
residential building shall not exceed 4.32 times gross land
area. Ok. Residential building. The maximum floor area
for non-residential use shall not exceed 1.72 times gross
land area provided, however, that for every square foot of
residential use provided either on site in a mixed use
building or off site within the boundaries of the SPI-15
district and provided concurrently with the non-residential
use, the non-residential floor area may be increased by one
square foot, but the maximum increase in non-residential
floor area shall not exceed 2.25 times gross land area.
Now,...
ld 133 March 21, 1985
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Ms. Cooper: Mr. Mayor, we considered that. We considered
that.
Mr. Plummer: That's an incentive.
Mayor Ferre: Would you accept that?
Mr. Plummer: That's an incentive.
Ms. Cooper: Let me first of all tell you when we considered
that at the Blue Ribbon Committee the problem that we had
with that was...
Mayor Ferre: That passed four to three even though it
didn't get the five votes right?
Ms. Cooper: I'm not talking about Planning Advisory Board.
I'm talking about the Blue Ribbon Committee.
Mayor Ferre: Oh, the Blue Ribbon... I'm sorry.
Ms. Cooper: The problem that we saw with that and we felt
at that time that it was a major problem, was that that
would tend to take the residential development out of the
core. The SPI-16 as I tried to show you earlier is really
the core of the development.
Mayor Ferre: Janet, the thing has died. It went down four
to one. I'm trying to save it. Ok.
Mr.Freixas: Ok. Let me see if I can convince you anyway.
Mayor Ferre: Wait a minute, hold on now.
Ms. Cooper: Well, I'm just pointing out the problem. I'm
not suggesting you vote against...
Mayor Ferre: Yes, I realize the problem, but the point
is... you know what's going to happen? This thing is going
to meander... This is going to be like Moses looking for the
promised land. Ok. And by the time he gets on top of that
hill to look at the promise land it's going to be very late.
Ok. And it's time for us to move. The promise land is now.
We need to move now and if this is what does it now let's
get it off...
Mr. Plummer: Let me understand Mr. Mayor. You are talking
about 4.3 maximum.
Mr. Freixas: Mr. Mayor, if that satisfies the Commission...I
just checked with Ron and with Janet and we are in agreement
to recommend that if that pleases the Commission.
Mayor Ferre: All right, if that's the case and let me read
into it the rationality for the bonus incentive. Ok. Into
the record "The bonus incentive proposed for 15165.3 was
drafted in order to set the current and presently existing
FAR to 1.72 as bottom line and to create private incentives
for development of residential and non-residential uses.
The maximum FAR of 2.25 is the same intensity as the
development permitted in SPI-7 in the Briekell station area.
The Southeast Overtown Park West Redevelopment Project and
the Brickell Station area share significant urban and
r.
transit characteristics. It is in the best interest of the
City of Miami to adopt development intensity standards with
appeal to private sector development initiative" and based
a
on that rational I propose that we ---if you will accept it
and Herb, if you will--- move on that, because that's...
f
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Freixas: No, no, that's not what he is saying. No,
Janet. As I understood you, Mr. Mayor, may be you should
read that one more time.
Mayor Ferre: J. L., you got the copy of it?
Mr. Freixas: It's going to be on the target area. He
doesn't have to build it on that particular site...
Mayor Ferre: That's precisely right.
Mr. Freixas: ... but on the target area he has to provide
it.
Mayor Ferre: That's right. Now, I would like to ask the
develop... Where did Art Teale go? Mr. Teale, would you
and Mr. 'Rodriguez and who... Tony I don't mean to offend
you, but I'm talking about professionals now. Who are the
professionals who want to react to this? Do you have any of
objections to this?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: All right, let's take a ten minute break so
everybody can look at it.
Mr. Plummer: Well, no, we can go on to another item.
Mayor Ferre: All right, we will go on to another item and
come back to...
Mr. Plummer: Well, wait a minute, let me understand. The
maximum total would be 4. what?
Mayor Ferre: Well, it's on the thing there.
Mr. Plummer: Yes, well they... the department.
Mayor Ferre: Well, have copies of it made. Here. What's
the maximum 4.4 what?(Temporarily Deferred)
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
- ------------------------------------------------------------
66. AUTHORIZE CONTRACT: S.M. DIX & ASSOCIATES FOR
_ APPRAISALS OF IMMOVABLE FIXTURES FOR COMMERCIAL PARCELS
WITHIN SOUTHEAST OVERTOWN/PARK WEST PROJECT
------- ----------------------------------------------------
Mayor Ferre: Miller Dawkins moves Item 54. That's the S.M.
Dixon Company?
Mr. Plummer: Yes.
Mayor Ferre: All right, and seconded by Plummer, further
gl 135 March 21, 1985
discussion, call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-304
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT IN
SUBSTANTIALLY THE FORM ATTACHED BETWEEN
THE CITY OF MIAMI S. M. DIX AND
ASSOCIATES, INC., AT A COST NOT TO
EXCEED $33,000.00, TO PREPARE AN
APPRAISAL OF IMMOVABLE FIXTURES FOR EACH
OF THE COMMERCIAL PARCELS WITHIN THE
SOUTHEAST OVERTOWN/PARK WEST PROJECT
AREA GENERALLY BOUNDED ON THE NORTH BY
NORTHWEST 10TH STREET; WEST BY NORTHWEST
1ST AVENUE; SOUTH BY NORTHWEST 7TH
STREET, AND EAST BY NORTH MIAMI AVENUE
AND NORTHEAST 1ST AVENUE; TO COMPENSATE
CONSULTANT FOR EXPENSES INCURRED FOR
COURT PREPARATION AND TESTIMONY.
(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.
------------------------------------------------------------
67. ACCEPT RECOMMENDATION FOR SELECTION OF LADDER COMPANY
NO. 49 LTD. UNIFIED DEVELOPMENT PROJECT — REUSE OF FIRE
STATION NO. 4.
Mayor Ferre: All right, now we are taking up 57.
Mr. Dawkins: 57.
Mayor Ferre: Yes, this is the
for the Ladder Company No.
development project known as
historic Fire Station No. 4.
the administration.
City Manager's recommendation
4 LTD. proposal for unified
the adaptive reuse of the
All right, we will begin with
Mr. Dawkins: Before I go into this Mr. Manager, or whoever
this is, twelve lines up from the bottom it says here...
now, we have already had an appraisal. It says something
here about "two independent appraisals requiring contract to
reflect and comply with minority procurement". What does
that mean?
Ms. Dougherty: Commissioner Dawkins, you have found a
mistake in both the resolution... in the title to the
resolution and the body of the resolution. That was an
gl 136 March 21, 1985
f e
amendment I was going to take out subject to the condition
that the terms of the contract results in a fair return to
the City based on two independent appraisals. That's
required when you are leasing out waterfront property. That
is not required and I would ask that you take that out of
your resolution both in the title and in the body and the
last page. It's not required. Thank you for bring that up.
Ms. Arlene Weintraub: Ok, with that correction I will
begin. I'm Arlene Weintraub in the Special Project Task
Force Division, Office of the City Manager. I work in John
Gilchrist and John served on the review committee for this
adaptive reuse proposal and as such I acted as the City
Manager's designee on the project. The project that is
before you, the recommendation, it is a resolution accepting
the recommendation of the City Manager for the selection of
the Ladder Company No. 4 limited proposal for a unified
development project known as the adaptive reuse of historic
Fire Station No. 4 located at 1000 South Miami Avenue. The
City of Miami issue an RFP last July for this project
calling for the adaptive reuse of an appropriate reuse that
was defined as a restaurant, cultural and/or retail reuse of
this historic building. Bids were received on November 4th
at which time we received four proposals. A review
committee comprised of nine members met a total of five
times and submitted their final report to the City Manager
in February. An independent public certified accounting
firm also selected by this Commission submitted their
independent report to the City Manager. This recommendation
as presented to you from the City Manager based on his
consideration of those two reports and his own independent
review of the board proposal. What I would like to do is
recognize Raul Rodriguez who served as Chairman of this
review committee to briefly touch on the voting procedures
and some of the highlights of their deliberations and there
will be a very short presentation of just a couple of
minutes. Raul Rodriguez.
Mr. Raul Rodriguez: Let me just reintroduce myself. I am
i Raul Rodriguez and I was Chairman of this review committee
selected to evaluate proposals for the adaptive reuse of
historic Fire Station No. 4. I would like to briefly
highlight the committee's deliberations and proposed
selection process. The review committee was comprised of
nine members. Five from the public, four from the City as
appointed by this Commission last July.
Mayor Ferre: No, no, the Manager.
Mr Raul Rodriguez: I'm sorry.
Mayor Ferre: Oh, we appointed them?
Ms. Weintraub: The City Commission appoints the members
based on the Manager's recommendation.
Mayor Ferre: As I remember Howard Gary recommended these
people and we appointed them. Ok. I just want to make sure
we understand.
Mr. Raul Rodriguez: Ok, fine. As established by the City
Charter and Code for unified development projects the review
committee evaluated the four proposals, which by the way
they were all very good proposals, submitted based only on
the six criteria and respective percentage rates defined in
the request for proposals that was issued by the City of
Miami in August of 1984. The predetermined criteria were
and I ask you to please listen on this. Number one,
experience of the development team including specific
experience on similar projects. Fifteen per cent.
gl 137 March 21, 1985
V
41
1
t Financial capability. Level of f
per cent. Number three, fina
fifteen per cent. Number fou
! twenty per cent. Number five,
Brickell Station area design and
cent. And number six, extent
Latin or Black fifteen per cent.
this was the criteria that w
committee, not any criteria tha
The intent of the RFP issued by
project development objective i
former fire station through an a
will contribute to the high
corridor plan for the West Br
+ Committee met five times and con
financial commitment fifteen
ncial return to the City
1, overall project design
conformance to the adopted
development plan twenty per
of minority participation
I underline this because
is set and given to the
; the committee developed.
the City states that the
s the preservation of the
)propriate reuse that would
intensity people oriented
ickell area. The review
;cienciously carried out it
assigned responsibilities. Throughout the deliberations the
committee requested and received City and State staff input.
Her presentation was from the four proposers and afford all
proposers the opportunity to clarify any unclear issues. To
summarize the voting procedure ---and this is important ---
established by the committee prior to arriving at a
recommended proposal with all members and proposers present
it was determined that each member would use a score sheet
to assign points to each proposal based on the specific
criteria that I mentioned. Each committee member then
totaled the points on his individual score sheet and the
proposal receiving the highest number of points indicated on
his or her score sheet was ranked as #1. Each member then
cast one vote for the #1 ranked proposal. The votes were
tabulated and that proposal receiving a majority of #1 votes
was selected as the recommended proposal by the review
committee. This was Ladder Company No. 4. Their proposal
received five #1 votes on the first ballot. The four
minority votes for #1, people who did not vote, again, for
Ladder No. 4 were split. Two and a half went for C. E.
Pickering and one and a half for the Fire House Brewery
proposal. This procedure was continued to rank the #2, #3
and #4 proposal. The review committee in conclusion
supports the Manager's recommendation which is, indeed, our
own to him for the selection of Ladder Company No. 4 for the
adaptive reuse of historic Fire Station No. 4. On behalf of
the review committee we appreciate the opportunity to take
part in the process for selecting a proposal to reuse the
historic fire station and return this important asset to our
community. We encourage the Commission to uphold the
unified development process in your action here today.
Thank you.
Mayor Ferre: Ok.
Ms. Weintraub: Now, I would like to recognize members of
the development team from Ladder Company No. 4 who will give
a brief presentation on the project before you. Mr. Al
Cardenas.
Mr. Al Cardenas: Thank you. Mr. Mayor and members of the
Commission, my name is Al Cardenas. I'm an attorney in the
City of Miami and I'm proud to be here representing folks
from Ladder Company No. 4 Limited. They have been the
successful contestant in this very fine and very
professional selection process. As you might recall you
authorized that an RFP to be issued last year. As a matter
of fact it was July 31, 1984. Subsequent to your decision
to do so and before that you had been involved in
considerable deliberations to adaptive reuse of this
historic fire station. Subsequent to that a lot of work has
taken place. A lot of work by a lot of well intention
people including some other folks who did not prevail in the
selection process and including the tireless work of the
nine people that were involved in the selection committee,
gl 138 March 21, 1985
t
top professional both in the private and public sectors.
The deadline for applications for this RFP was November 15th
of 1984. Four proposals were submitted and the City of
Miami and I congratulate your staff for doing so, undertook
very careful scrutiny to make sure that there were no legal
problems. One, they got the ok from the City Attorney who
reviewed each of the four application in response to the
RFP and he replied in December 17th of 1984. I have
reviewed all four proposals. They are in keeping in the
legal sense with the mandate of the RFP and all four
proposals meet the legal test. Then on January 7th of 1985
the Zoning Administrator, Mr. Joseph Genuardi issued his
clear bill of health as to all four applicants as well. He
said all four applicants have provided me with an
application that complies and conforms with City zoning
regulations. Then you went to Ms. Sarah Eaton, your City
Historic Preservation consultant and she scrutinized the
applications based on the criteria that she is responsible
for. She gave everybody a green flag as did the State
Historic Preservation Officer. In addition to that you
further went into additional scrutiny by hiring an outside
CPA firm to conduct a study and report on the feasibility of
that study and they gave us a clean bill of health. In
addition to that you named nine top professionals who met
five times, November 27, 1984, December 17, 1984, December
219 1984 and January 16th and 25th of this year. After
meeting five times, after all of these experts taken a look
at this thing you came out with a decision that there were
some very fine applications, but there was a very clear cut
winner in this process and that was my client Ladder Company
No. 4. It received five of first place votes on this nine
ballot issue. The other... only two other contestants
received votes, one received 2.5 votes and the other
received 1.5 votes. I'm sure that someone have expressed
their disappointment that they were not selected. As a
matter of fact this was so intense a competitive process
that two of the members of the selection committee who did
not vote for us decided to take advantage of the democratic
process and file a minority report. Your City Manager
received the report and his best evaluation of the process
recommended Ladder Company No. 4 LTD. to be your selected
group. Now, according to the unified development plan as I
understand it and as I believe your City Attorney and City
Manager understand it, you have got two choices before you
today, either accept this very fine proposal and hopefully
adopt the resolutions submitted to you by the City Manager
or you will knock down the whole process and in effect say
that you must start all over again. To me that would be a
terrible thing to do in view of the tireless hours spent by
nine top professionals in the section committee, in view of
the fine ability of the City Manager to discern the process,
in view of the City Attorney's Office, the Historic
Preservation group, the Zoning Administrator and the
endless, endless hours that people have come. I think you
were fortunate. You received four fine presentations. The
ground rules for the game were established. We are the
prevailing party. We are here before you today and I would
like to now without further ado introduce to you Mr. John
Meyer who is the prime moving force behind this project and
who I think is a rather unique individual who will lend a
substantial amount of quality to this endeavor. Mr. Meyer
is a graduate masters degree from the foreign serve graduate
school of Georgetown University. The school that I probably
couldn't get into and he graduated #1 in the class. He
subsequent to that served for seven years as a top executive
with the Exxon Corporation, moved down here for a number of
years served as a top executive of one of our better known
South Florida firms. He is a member of the Beacon Council,
a past president of Carrolton School and a very active
member of our community. It's my pleasure to introduce to
:r ; gl 139 March 21, 1985
you John Meyer to go over the substantive aspects of our
presentation. John.
Mr. John Meyer: Thank you Al. For the record my name is
John Meyer. I am president of First Miami Development
Company who's offices are at 1 Southeast 15th Road in Miami
and I am the general partner of Ladder Company No. 4 the
proposer for the adaptive reuse. We are pleased that our
submission to restore Fire Station #4 has been recommended
by both the selection committee and the acting City Manager.
Completed in 1923 this structure is the oldest existing fire
station with the boundaries of PRE 1925 Miami and is listed
on the national register of historic places. In addition to
this very important fact the property is also significant to
Miami because of its location. It stands at the corner of
the heart of the Brickell West redevelopment area and it is
also on the planned 10th Street pedestrian mall Downtown
People Mover site. We propose a complete restoration of
this building in according with strict historic preservation
guidelines. Once so restored the building and court yards
will be used as a restaurant under a long term lease with
the City of Miami. When the restoration is complete the
building will be a living museum emphasizing the history of
Miami from a fireman's prospective. The menu would be life
style with hearty foods modestly priced so as to attract
tourist, office workers and families. In addition to
providing good food at a reasonable price, all our citizens
and tourists will be able to learn about the history of
Miami, some of its major fires and how an early Miami fire
station was operated. We will also be able to trace the
history of Miami through some of its fires. For example,
the largest fire in Miami's history occurred in 1949 when
the Miami Herald burned for three days. According to Fire
Department records the building was apparently built like a
fortress. The development team was carefully selected for
this project. It has substantial experience in real estate
restaurant operates and historic preservation. It also has
a high level of community involvement. Mr. Cardenas has
explained my background. I would like to introduce you very
briefly to the other member of our team. Jim Beachamp and
Don Chrisie are officers of the Beauchamp Construction
Company, a licensed general contractor headquartered in
Coral Gables, Florida. They are experienced general
contractors having worked with the Dade County Public Health
Trust, the University of Miami and the City of Miami Beach
in various construction projects. Their particular
distinction in value to this project is that they were the
general contractor for the Alamo historic restoration
project at Jackson Memorial Hospital, which was also on the
national register. They were responsible for the
restoration in conjunction with Herschel Sheppard. Their
project received a preservation award from the Florida Trust
for Historic Preservation. Don Hickman is the president of
Crident Consulting Company a consulting firm. He is also
the retired Chief of the Miami Fire Department and has
direct experience in the fire station and the history of
fire stations in Miami. Don also served in the Miami Fire
Department for thirty-two years and worked at Fire Station
#4. Bill Stevens is an attorney of council to the law firm
of Goldstein & Tannen He most recently was the general
council and chief cabinet advisor to the Florida Department
of State and Secretary of State. In this branch of the
Florida government which contains the Department of Archives
and Historical Preservation which will be involved with the
approvals for the adaptive reuse. Mr. Stevens was also an
Assistant Attorney General to the Office of the Attorney
General of the State of Florida. He is the president of a
non-profit organization known as the Florida African Trade
Development Corporation. John Crow is the manager of
Management Advisory Services for Pannel Ker and Foster,
gl 140 March 21, 1985
w
internationally respected accounting firms specializing in
the hospitality industry. This firm has been involved in
multiple historic restoration projects and restaurants such
as the Pensacola Hilton with its restaurant facilities in
the historic E & N Railroad Depot. Francisco Lazarbo is a
partner in the account firm of Price Water House and Company
experienced in business consulting. Price Water House is
coordinating for our partnership the historic tax credits
and account aspects of the project and have assigned their
historic preservation consultant in Philadelphia to the
project. Barbara Kappertman is the president of
Preservation Design Association, Inc. a private consulting
company. She is the founder of Miami Design Preservation
League. She is a national Director for Florida Preservation
Action and has been the president since 1980 of the Art Deco
Societies of America. Ed Me Dougal is an association with a
nationally known real estate firm of Caldwell Banker. He
has PHD in real estate and urban economics and taught real
estate investment and investment analysis at the University
of Connecticut. He is experienced in real estate
development and leasing. Mr. Me Dougal has been the
president of a construction and development firm and served
as the vice-president of Dade County Real Estate Development
firm. He is active on various civic and community groups in
the Miami area, has lived in Miami for twenty years. Dick
Neve is an officer in Lincoln Property Company. One of the
nation's largest commercial real estate development firms.
He is an experienced real estate executive with eighteen
years of experience in finance and real estate in California
and Florida and finally, Dennis011ey is a graduate of Rice
University and Columbia University. A partner in the firm
of Beasley 011ey Soto. This...
Mayor Ferre: Did you say Dick Meade, John?
Mr. Meyer: Dick Neve. The firm's clients are engaged in a
broad range of businesses, including real estate, agri-
business, accounting, banking, hotel, restaurants, resorts,
etc. At this time I would like to speak briefly about the
restaurant operations. At the time of the selection
recommendation by the committee Ladder Company No. 4 did not
identify a restaurant operator. The selection committee
recommended that such an operator be identified and be
subject to ultimate City Commission approval. If the
Commission so desires I would be happy at this time to
identify for you our recommended restaurant operator for
Ladder Company No. 4. Ok. Since we begin work on the
project we have interviewed over forty restaurant operations
to find the one best suited for a historic building in this
neighborhood. Consistent with the request made by the
committee in its final report we have now identified and
concluded an agreement with an experience restaurant team
that restored the famous Landmark Miami Beach restaurant
"V.LI Les. finis riisLoric ouiiaing in
to ours was taken over recently by
Joseph Nevell is the founder of Per
County largest independent leasing c
past president of the Miami Beach
the Board of Trustees of the Bass
term past president of the Miami Be
With his son David an attorney ani
Beach Civic League and Ken Bo,
restaurant operator who managed for
Falls revolving dining room and
Canadian Pacific Motels and the the
New York. This group has demonstrE
ability to successful develop a r4
setting similar to ours. At thi:
introduce the design aspect of the
Sheppard is president of Herschel
a aepressea area similar
the Nevell Family. Mr.
3hing Auto Leasing, Dade
ompany. He has been the
',ivic League. He is on
Museum and he is a two
ach Chamber of Commerce.
l Director of the Miami
itiere and experienced
many years the Niagara
s been associated with
Statler Hilton Hotel in
ted to us their unusual
�staurant in a historic
time I would like to
presentation. Herschel
Sheppard Associates and
gl 141
M1Y�+
March 21, 1985
t 0
his associate Ken Smith who is with us today are renowned
and respected architects and consultants for historic
preservation projects. Herschel has served as the principle
architect in charge for many significant buildings in
Florida, including the restoration of the 1902 historic
Florida State Capitol in Tallahassee and he has served as
architect for the restoration of eighteen projects listed in
the national register of historic places including the Miami
restoration of the Alamo. He is the director and founder of
the Florida Trust for Historic Preservation and is currently
an advisor for the State of Florida National Trust for
Historic Preservation. Ron Pales who is the second member
of our architectual team is a partner in the architectual
firm of Tildot Tachey and Pales headquartered in Miami. Mr.
Weiss and his firm have broad architectual experience having
worked with the renowned architectual firm of Harry and
Associates out of Chicago. They were all soon involved as
the architectual consultants to the City of Miami's Metro
Transit System in association with the Kaiser Transit Group.
Mr. Plummer: Wait a minute. Read that statement again.
Mayor Ferre: You better skip that one.
Mr. Plummer: Reread that statement.
Mr. Meyer: They also were involved as the architectual
consultants to the City of Miami's Metro Transit System.
Mr. Plummer: You just lost my vote. Go ahead.
Mr. Meyer: They have to their credit various renovation
projects for clients such as the Gable Center Office
Building in Coral Gables. They are restoring the
Mediterrian residents on Old Culter Road in Coral Gables and
early 20's Dearing Family resident. They are also doing the
Gold Coast Railroad Musuem moving and restoring the original
Princeton Railroad Station and with that introduction I
would like to ask Ken Smith with Hereshel Sheppard's firm to
address some of the historic preservation aspects of the
project.
Mr. Ken Smith: Thank you, John. I am Ken Smith. I'm an
architect from Jacksonville. I'm an associate with Sheppard
Associate Architects. As John has mentioned we served as
architects for over eighteen projects that are listed on the
National Register of Historic Places. We have also served
as preservation architects for over fifty perservation
projects. Two of our most prominent projects, this is the
restoration of the 1902 historic Florida State Capitol. We
restored both the interior and the exterior under a mandate
from the State to restore it to its 1902 confirguation.
This is the art glass and plaster dome that's in the Capitol
as it was restored. It was completely rebuilt. It wasn't
there when we got started. We have also served as
architects for the Alamo at Jackson Memorial Hospital in
Miami for both phases. The second... the first phase is
completed. The second phase is now under construction.
Beauchamp Construction was contractor for both phases of the
work. We expect to be finished shortly with the second
phase. Both of these projects and many of our other
preservation projects have received awards for the
preservation work that we have done. Design awards. For
the Fire Station No. 4 our intent is to restore the exterior
to it's original confirguation as best as we can document it
in accordance with the Secretary of Interior Standards for
preservation for guidelines for historic preservation. This
is the building as it exist today. This is our concept of
what it will look like as we complete it. The original door
openings will be restored as all original exterior features
gl 142 March 21, 1965
Yir
r
of the building. The onings will be replaced, the colors,
the contrast between the decoration and the main panels.
The decorative elements will be repaired and restored in
accordance with the Secretary of Interior Standards. At
this time I would like to turn over our presentation
regarding the interior work and the balance of our design
ideas to Ron Pales.
Mr. Ron Pales: Ron Pales, Tiloot,Tachey and Pales
Architects, Miami. In researching the existing building and
in reviewing the original 1923 drawings of Hastings Monoy
there were several elements of the interior that we felt
were worthy of preserving and utilizing throughout
additional spaces in the restaurant. Most prominently the
wood clad columns with the carving and the capitals
springing into some very elegant plaster moldings. In
addition the wains coat, wood wains coat at the base of the
walls and in this rendering we are depicting utilizing some
of Mondy's original glass panels that he had in original
bookcases to continue and complete the partitions between
separate dining rooms. Looking at the first floor plan we
have kept the integrity of the Fire Station with the open
doors and the linearity of bays reflected here in the
seating plan. The entrance to the left center will be
restored to its original condition with the original
bookcases containing fire station memorabilia complete with
the two fire pole long ago removed by will be restored. The
second floor, again, you can see the location of the two
fire poles in the center as well as retention of the
original dressing booths that the firemen used that we will
use for small intimate dining areas as well as the two
officers quarters, again, for more private dining at the
front of the building. Note here on the right of the side,
we will utilize the roof top of the two one story additions
as terrace roof top dining. With respect to the City's
desire to create a pedestrian mall for 10th Street, we have
responded by starting at South Miami Avenue with a sidewalk
cafe, again, completely open to the interior with the large
bay doors. The back of the property will contain a separate
restaurant so that we can fully restore the rear of the
building and start with an intimate court yard that
eventually opens up into a broader vista on 10th Street. We
also, intend to introduce street trees, lighting, benches
and vendors kiosks to add to the lively atmosphere for the
10th Street side. We have also shown a prototypical D.C.M.
Station demonstrating how the eventual advent of the station
at 10th Street could in fact be totally compatible with our
scheme and how the urban design could be carried through for
the entire 10th Street mall. Thank you.
Mr. Meyer:
Mayor Ferre:
an awful lot
kind of move
Thank you, very much Ron and Ken.
Mr. Meyer:
part of this
and economic
or four more
John, I don't mean to out you short. We got
of things pending and I really think we need to
along.
Ok. We will be finished. I have got the last
and I want to discuss minority participation
return to the City and it will take about three
minutes.
Mayor Ferre: Ok.
Mr. Meyer: In addition to the experience of the team the
financial capability is adequate to carry out of the
project. According to the report from the CPA firm „All of
the propose appear to have sufficient financial resources to
adequately finance a project such as Fire Station No. 4.".
The required amount of equity for our project has been
committed and a normal amount of debt financing can be
gl 143 March 21, 1985
f C.
raised once leases are executed. The final two points of
this presentation deal with economics and minority
participation. The return we have offered the City is a
combination of minimum rent twenty-five thousand dollars per
annum and thirty per cent of the cash flow after paying the
debt. Therefore, as a minimum the City is guaranteed to
receive seven hundred fifty thousand dollars over the life
of the lease. According to the formula in our submission
the expected return to the City over the thirty year life of
the lease is approximately 4.6 million dollars. This
assumes the restaurant does about two and a half million
dollars in annual volume and escalates with inflation. We
expect to do much better than this because we are providing
for seating capacity in total of approximately six hundred
seats. The City, of course, benefits from having the
property restored by the private sector, an investment
estimated at 1.2 million. In respect to minority
participation I want to say that this has been very
important to us in this project because this building is a
landmark Miami building. Our program as identified in the
submission had as goals ten to fifty per cent owner, fifty
per cent contracts and fifty per cent operation. We expect
to achieve and actual minority ownership position of thirty
per cent. Our contracts are expected to be eighty-seven per
cent of the total and the operation should be at least fifty
and probably higher. Now, when we submitted our proposal we
indicated our objective of bringing additional equity to the
project. As of this time a minority owned financial
institution, General Federal, has agreed to purchase at
least twenty-five per cent of the equity as we had
indicated. Additional equity may be purchased by the
minority contractors in the project if they wish to do so.
We have also selected ten Black owned firms and six Hispanic
firms to perform contracts on this job estimated at seven
hundred seventy thousand dollars and many of these
contractors were here today. In reality it will be just as
much their project as those who eat in and enjoy the
historic building after it is completed. Earlier in the
presentation we mentioned a sculpture, before concluding I
would like to introduce to you Mark Jeffrey who has been
commissioned by us to create the sculpture that would sit on
the corner of South Miami Avenue and 10th Street. Mark.
Mr. Mark Jeffrey: Thank you very much, John. Good
afternoon Commissioners and good afternoon Mayor. I am Mark
Jeffrey, sculptor. I would like to thank you for the
opportunity to be here. If I may present, I'm very pleased
to be a part of this team and I would like to show my
contribution.
Mayor Ferre: Is that Don Hickman and his dog?
Mr. Jeffrey: Well, sir, all you can see here is a seat of
firemen about to play some dominoes with a dalmatian its
side. The empty seat awaits all who visit your Fire Station
No. 4. I'm sure you can just imagine every child as well as
adult will be very interested to be photographed seated
across the fireman with the obedient dalmatian looking on.
Thank you, sir.
Mr. Meyer: Mark. In conclusion I would like to comment on
the selection process in establishing the criteria for the
RFP the City gave design great weight primarily because this
building is a historic structure one of a very few and
select group of Miami landmarks. It is also an anchor for
the 10th Street pedestrian mall. In responding to the RFP
and the City's objectives our proposal placed strong
emphasis on this these points. We are pleased that we were
recommended by a strong two to one majority as the best
overall submission. The selection committee was a respected
gl 144 March 21, 1985
V r
group of private individuals and public with experience in
real estate, restaurant operations and design and public
officials from the City Manager's Office and the City's
Planning Department and the City's Property and Lease
Management Department. The process was carefully done and
professional carried out. We thank you for your
consideration.
Mayor Ferre: All right, thank you.
Mr. Cardenas: Ok. That concludes our presentation.
Mayor Ferre: All right, I know that we opponents that wish
to speak or people who were on the other side and I would
like to recognize them, but first I see Ambassador David
Walters walking in which is a rare privilege to have him in
our City Hall. Mr. Ambassador we are always honored to have
you here. Are you here on a partisan issue.
Ambassador David Walter: Not very partisan.
Mayor Ferre: Ok. Then I won't give you any special
privileges. All right.
Mr. Gordon Pimm: Honorable Mayor, Honorable Vice -Mayor and
distinguished Commissioners, my name is Gordon I am
president of C. E. Pickering Investments Office in the
Grove, South Bay Shore Drive. I am here to speak against
the resolution before you approving the City Manager's
recommendation to lease City property to Ladder Company No.
4 at 1000 South Miami Avenue. My interest in this item is
that my company bid for this lease and in my view the City
Manager is making a mistake in asking you to approve this
resolution at this time without adequately considering
several major problems. It's unfortunate that I have to
speak to you today to air these concerns I had requested
over six weeks ago an opportunity to speak to the Manager on
my concerns, but he has not yet agreed to do so. My
concerns are as follows: The rent to the City from the
Manager's choice is at best half of what we are offering and
this is a lot of money to throw away and as a taxpayer it
concerns me. The minority participation in the Manager's
choice has not been clearly established. Their commitment
to this issue is not clear and making them comply after they
win the bid may not be possible. This submission bothers
me. The procedure followed by the Committee and the City
Manager have been questionable in several ways. One point
on this ground is that although we won most total points
awarded by the committee as a whole and won four out of six
weighted categories somehow the vote managed... we somehow
managed to lose. The question of preservation which
concerned everyone, our proposal is strong on preservation.
We fully meet the City's requirements in the RFP. Our
architects are tops in the field. The ITC requirements are
not a City concern, but a Federal State concern. I urge you
not to approve the City Manager's recommendation at today's
meeting and I feel it is my right to have these concerns
explained openly and fairly before you make a decision. I
would like if I could to introduce Ron Frazier a member of
our group, one of our investor members who would like to
continue this presentation.
Mayor Ferre: Let me just for the record clarify. Is Mr.
Frazier here as an architect? Is he here as a professional?
Or here as an investor?
Mr. Ron Frazier: I'm here as both. I was going to say that
in the beginning Mr. Mayor.
gl 145 March 21, 1985
Mayor Ferre: Oh, I'm sorry, because you and I talked about
this, but I just wanted to get it on the record.
Mr. Frazier: I'm not here as a civic volunteer on this one.
I'm here as a businessman. I didn't put on my pin stripe.
I didn't get a chance to change yet, but I'm here in terms
of a business interest, because I am an investor in this
project and I'm also part of the arehitectual services. I
think there are several issues that Gordon brought out and I
think you need to look at them very closely. The first one
is the selection criteria. The City established six areas
and they gave certain weight to each area. We came in first
in terms of experience. The record is there and I think you
have a copy of it. We came in first in terms of financial
capability. We came in first in terms of return to the City
which your accounting firm put together. And we came in
first in terms of minority participation. That's four out
of six categories. That's the first thing. If you break it
down and you look at the point system each of the selection
committee members had to write down certain points in each
of the categories, at the end they had to total them up to
see exactly what the totals would be and the points was
seven hundred fifty-nine point five for ourselves and seven
hundred fifty-four for Ladder 4 Company. So, if you look at
major categories four out of six you come out with us number
one. If you look at total points you would come out with us
number one. I can't understand the rationale when the
selection committee decides to vote first place votes,
because in that you can't determine how close different
teams are. It doesn't say you are in second place by a half
point or twenty points and it does not accurately reflect
the submittal data that was put together in this proposal.
A major item is the return to the City and I think you need
to investigate that part very closely in terms of what our
returns to the City is versus what the recommended team. I
want to hit minority participation because that's a lot to
me, because I was one of the proponents that came before
this Commission to help pass this unified development
ordinance and to make sure that we had minority
participation on a local basis and that that minority
participation was equally weighted to Latins and Blacks and
if you will read through their proposal there are no Blacks
on their team, but the ordinance talks about a prorated
share between the two. Your new ordinance that you have on
the books. The last item deals with personalities. I don't
like to bring this out, but you have ... we had two people,
not on our team, but as a part of the evaluation process
dealing with historical preservation. If you will look down
on your list of criteria the exterior design of this
building and the interior design of this building is only
worth twenty points out of a hundred. You have got eighty
other points to deal with and I would like to see how the
selection committee dealt with that part. The last one is
that I think you need to look at things happening after the
fact I listened very intently to the presentation and I must
say you all made a very very eloquent presentation. Very
good. But all of things are seeming to come about after the
fact and you will not find them in that proposal on the
basis of what they had to judge. The first one is finance
as it related to return to the City and the arrangements
they have made thus far, you won't find that in that
proposal as is stated right now. Number two, minority
participation as stated now is not what's in that proposal,
after the fact, after fact and the last one is the operator.
It's not in that proposal. It's after the fact. So, what
are we dealing with now? Are we dealing with what the
committee had to deal with or are we dealing with things
after the fact. I think a major emphasis on this whole
project is six categories. I want to emphasize that. Six
categories. Six. One is related to design. One, twenty
gl 146 March 21, 1985
per cent. Another design consideration is related to the
overall conformance to the master plan. The other four are
devoted to some other items and they each carry a certain
amount of weight and based on what we have seen in terms of
this analysis, we can't see how the selection committee
voted the Way they did with these items on the table. We
did write the Manager a letter expressing our concerns and
we didn't get a response until March 13th on these
particular issues and on that basis I think the Commission
should not recommend that particular firm, but lets look at
the specifics involved and how the process was utilized.
I'm not here to complain about that particular team in terms
of their professionalism or any of those items, but facts
are facts. Four out of six, we were number one. That's
sixty per cent of the total points. Total points we are
number one. How do you negate that. You can't. The best
economic returns to the City. You can't negate that. You
hired an independent firm. He ranked us first. You got two
minority reports there which said they disagree with those
particular items and I think you need to take this into
consideration. Thank you.
Mr. Pimm: Mr. Mayor, with one concluding statement. I
think there is possibly one other opportunity for the -
Commission on this thing rather than just throwing it out or
voting for the one proposed and that is the vote could be
deferred. The City solicitor can correct me on that if so.
And if that was so we would be satisfied to have an
opportunity to explain our situation. We are not interested
in throwing the whole thing back into the pond to start over
again. Thank you.
Mayor Ferre: Thank you very much, Mr. Pimm No, I will get
to you in a little while. We are not going to get to
questions yet, because I know that Mike Latiner and his
group also have a statement to make and I will recognize
them at this time.
Mr. David M. Walters: My name is David M. Walters. I'm a
sometime attorney. Tonight I'm an attorney and friend. I'm
a friend of Michael Latiner. My address is 330 Biscayne
Boulevard. I addressed some of the technical problems
yesterday to your very fine City Attorney and we have
discussed those and I don't think I will dwell on that very
much at this time, but sufficient to say that my questions
that I posed at that time were that I thought that the
process was unfair to my particular client because of the
manner in which it was presented in which the procedure took
affect was that there was a great reliance on people outside
the committee on the question of historical value and the
historical aspect of this. I thought that the use of two
people who were not members of the committee had not been
charged by this Commission to be a part of the procedure had
a great deal of weight in the final determination which most
affected my client's position. Indeed, I think the City
Manager will agree at least in one occasion that there was
even a miscalculation of ten points against the favor of my
client. I am not here to present a slick Madison Avenue
approach and I congratulate the one who got the Commission
and the committee's recommendation because it was beautiful,
gorgeous, tremendous, but the point that I want to make is
and I think it's important, that the buck ends here. This
Commission is the one that makes the decision and you can't
delegate everything to committee. You have to get down to
the point where you are going to make a decision that is
best for the community and I think in this case that there
are two alternatives. One, that you send it back to the
committee with some other instructions that give less weight
to the historical aspect of this and more weight to the
success of the project. The success of the project was not
gl 147 March 21, 1985
t
even touched upon and I say that because my client, Mr.
Latiner, is a co -investor with the City of Miami in this
area. He is already there. He owns property. He has got a
successful business known as Tobacco Road. He knows what's
goes on there and he has done a good job. You can't argue
with success. You can go out and talk to all the other
people who have been successful in other areas, but when you
get right down to it he has been successful in that area and
this is the one we are dealing with. He has an investment
in that area just like the City of Miami has and you can't
quarrel with the fact that Tobacco Road has been one of the
best things that have happened down there in spite of all
the obstacles. The obstacles of not being able to get
there. It's one of these place that you can't get there
from here and either the roads are torn up, but nevertheless
it's standing room only at his place and his establishment.
Now, you can talk about all the wonderful things that might
happen and could happen, but they are happening at Tobacco
Road and he can make it happen again and he has a real
interest in it. He is the only owner/operator that you have
appearing before you. He is the only one that has a stake
in that community. He is the only one that made a success
of it. There is no lessee lessor relationship. He is going
to operate it and he is giving you a good deal and you know
what he can do. This has happened over and over again in
community relationships on these things. We have had slick
presentations and they have gone down the drain. Go with
what you know can happen. As far as Michael is concerned, I
think that he is the best qualified person to do it and in
connection with that you are not going to have any in
between costs in which the public will suffer the idea of
having to pay higher cost for what they get, because he is
going to be the direct merchant connected with it. Now, I
don't know all the details of this, but I do know that this
probably is the best selection you can make and I highly
recommend it to you. At least if that is not possible give
the alternative to go back to the committee to study these
aspects that I brought up to you and one thing that I
recall, I had grandfather who was probably one of the
greatest sculptors in this County and he built President
Garfield's monument. Beautiful. It is gorgeous, but nobody
goes to see it. We got to have somebody go to see this and
that's what Michael Latiner can do for you.
Mr. Michael Latiner: Thank you, David. For the record my
name is Michael Latiner and I speak before the Commission
today in behalf of all my partners in this proposal for the
fire house brewery project. One of them is here with me
today. He is Dave Schuestein who is a retired president of
Dial Latin America and our future brew master for the
brewery. We also speak to the Commission not only as
proposer for this project, but we are major investors in
this area, major taxpayers and operators of several
businesses there and have a vital interest in it. We are
also... I'm also on the Briekell Association Board. The
comments I want to make, I do not want to reflect upon the
staff. Joel Maxwell and Arlene Weintraub in my opinion have
leaned over backwards to make this process fair. This was a
new process for the City. It's a pioneering process. We
have never done it before. It's a historical restoration
with a commercial use and frankly the system doesn't work
that we use. It broke down in a number of places and in my
opinion it was a unfair evaluation that resulted in ---and I
think this is confirmed by Pickering what they said and I
know it's confirmed by the other ones. I don't want to
sound like sour grapes, but when I play a game I like to
play according to the rules and if I win, I win and if I
lose, I lose, but I want to be treated fairly and this was
gl 148 March 21, 1985
S
not the case. We assert that the RFP process did not work
and that there were errors in validating the whole thing.
The basis is too full. First and most important, there was
a fundamental change in the ground rules that's spelled out
in the RFP during the evaluation process related to _
historical restoration. The second reason is that gross
errors Were made and inaccurate comparisons made in the
evaluation process itself. The RFP process resulted in the
submittal of four projects, all of which were declared by
the City to be in compliance. The procedure in the RFP
calls for the following and I quote from Page 18 of the RFP.
The review committee shall evaluate each proposal based only
on the evaluation criteria applicable to the said review
committee. Historical preservation was not to be an issue
with the committee, except in a very minor way as one of the
five categories within one of the six criteria that the
committee was to use. Instead the RFP treated the
historical preservation as a given during the evaluation
process. It's only after the process was completed that the
historical preservation became an issue. The City was
protected in the historical preservation by the fact that
after the committee acted and made their recommendations and
the commission passed its vote, it would then go before the
City's Conservation Board for review. That was the
protecting factor in the process. In the RFP process it
says that the historical designation says the following. Is
"The building has been designated by the City of Miami. All
changes to the exterior, ---not interior, just to the
exterior--- must be approved by the City Heritage
Conservation Board. It goes on to say interior alterations
are not subject to review." The City was not concerned
about the inside of a utilitarian building. The City's
concern about the beautiful exterior mediterranean revival
architecture in the rear. This is the basis on which we
represented our project, that the interior was not
important. Because of the way the RFP process was
implemented the historical preservation issue in violation of the RFP procedure was the single most overwhelming
consideration throughout the entire evaluation process.
What actually happened in complete non-compliance with the
RFP process is that historical restoration, especially, the
interior became a monumental issue with the committee based
upon the evaluation by the restoration experts Sarah Eaton
and David Farrell, using very preliminary plans submitted by
each of the proposers in their package. No statement was
made in the RFP process that such a thing would occur and no
one would assume that such would occur anymore than one
would have assumed you had to have a building permit prior
to being awarded the project. If the City wanted historical
restoration to be a major criteria during the selection
process, the City would have specified it in the RFP and
said all plans for restoration of the building must be
approved by the City's Heritage board prior to ordering the
review by the committee and the City Manager. There is a
second reason why we say the process is invalid and broke
down which relates to errors made during the process itself.
We list the following errors; The committee made errors in
addition in totaling scores for two of the proposal. One of
the committee members miscalculated in figuring the return
to the City. Incorrect comparisons were made throughout the
process about the capital investment figures. For example,
our total capital investment figure was nine hundred ninety-
two thousand dollars for improvement. This included the
contractors and architects fees along with the construction
itself. Ladder company No. 4 proclaimed ten minutes before
the voting occurred that they were spending the most money.
Namely, one million two hundred fifty thousand dollars for
these improvements and this justified the lower rent to the
City. However, in that figure are three hundred six
thousand dollars worth of soft cost which we do not have in
gl 149 March 21, 1985
a
our capital estimate. This was never pointed out in any of
the process charges... in the processes. The changes in the
ground rules and the errors made are significant not
individually, but in some total resulted in an unfair
evaluation in the process. Let me read to you our evidence
for why this was so. These were the comments by the members
of the committee, transcribed comments by the members of the
committee provided me by the City immediately after voting.
Now, they are supposed to use six criteria and six criteria
only and this is what they had to say after they voted. Ed
Domingo, says "Look at the architectural design carefully
took into consideration the comments made by the State
Preservationist". We were crucified by the State
Preservationist because of the interior which was not
supposed to be an issue. Ed Domingo also said "Felt purpose
of being on committee was to evaluate proposers
architecturally". Her purpose wasn't to evaluate projects
architecturally. Her purpose was to follow the six rules
that were... the six criteria that were set up. Alan Moore
said this. "Felt financial return to the City a function of
two things, not just the return to the City which is unknown
based on the sales projections projected in the future, but
also on the investment that the company would make in the
real estate itself that would accrue the City, recall that
they use a figure of a million two hundred fifty thousand
dollars which we say is inflated. This influenced John
! Allen Morris to vote for them. He also said this "Felt that
the project design, the historical accuracy, the large
amount to restore it accurately made Ladder Company No. 4
proposal superior to all others". Not the six criteria, but
i these few things. Stuart Bornstein said this "Fire Brewery,
Inc. was favorite because of its uniqueness and attraction.
The idea of a brewery is exciting and something different
for the area. Night time operation adds up to more than a
successful day time operation. Tobacco Road spent ninety-
four thousand dollars just last year in entertainment to
bring people into the area. We know what it takes to make
I something successful down there. "Like the use of the
grounds, he said, ran into trouble with interior". He is
talking about ours. "Ran into trouble with interior, not
sensitive enough. City project demands a strict
interpretation of historical preservation regretfully had to
exclude them". He says you are #1, but because of the
historical aspects of it I'm going to throw you out.
Adrienne MacBeth says "Distinguishing factor for Ladder
Company No. 4 was project design, also, considered opinion
offered by State Preservationist, felt Fire House Brewery
concept innovative, but would take away too much from
historic preservation and as a result ranked it as #3".
Right there it is in black and white. So, this is why I'm
upset and this is why I think the process did fell down and
this is why I think that we should take it back to the
committee for some re-evaluation. We have been accused that
we are not sensitive to the historical restoration. We have
always intended to restore this building to its original
condition. We thought it was a issue that would be dealt
with at the appropriate time as outlined in the RFP and I
would like to just introduce Paul Thompson who is our
preservationist just to discuss with the Commission some of
the things.
Mayor Ferre: I will tell you. We are really running
terribly behind time. We are almost at 7 o'clock. You
know, your...
Mayor Ferre: ... associate is highly regarded by all of us
and if you could just make a very brief statement and then
we need to move along.
gl 150 March 21, 1985
4 i
Mr. Paul Thompson: Very brief Mr. Mayor. Paul Thompson,
2320 Southwest 31st Avenue in the City of Miami. The
safeguards built into the process that I am very pleased to
have had some small part of helping pass any historic
preservation ordinance for this City are practically
ironclad, number one.
Mayor Ferre: And I can attest to that. As we can all.
Mr. Thompson: Absolutely. Number two, the State Historic
Preservation officer has to agree to any plan before the
first paint brush is turned as does the Department of the
Interior. Also, provide site visitations on every National
Register Project. You don't have any problems with design.
Mayor Ferre: All right, thank you. All right, Mike, does
that conclude your statement?
Mr. Latiner: Yes, that does.
Mayor Ferre: Ok. Are there any other objectors that wish
to be heard that haven't been heard. Is there any member of
the public that wishes to speak on this issue. If not, why
don't you make your concluding statement and we will close
off the public hearing portion.
Mr. Cardenas: Thank you, Mr. Mayor, members of the
Commission, very briefly two things. The basic comments
that have been made by both groups and they have been
excellent groups are based on either substance on the merit
of the thing or technical. As to the technical legal
arguments made here before you this evening, let me
respectfully suggest that this is not the appropriate body
for that purpose. That if, indeed, there is a feeling that
there is a technical argument in the manner in which the RFP
has been handled from a legal perspective there is redress
else where. The body of case law involving procurement
opportunities is immense. There are people who have become
experts at this thing and everyone seeks them out. There
are judges who spend hundreds of ours deliberating these
issues. I don't believe that this Committee can put on a
robe at this moment and listen to hours and hours of
deliberation to ascertain whether our proposal or theirs is
technically deficient. I believe you have a City Attorney,
you have a City Manager they staffs. They have come here
before you today and told you that we have met the legal
sufficiency test and you must... that's why they are here
and you must take their review into consideration. Courts
can redress it if folks feel else
substance there are basically two argur
of return is not the same as theirs a
operate a successful project. Let me
the highest rate of return for this pie
tear down the property and to put a
there. That's the highest rate of reti
City decided not to do that and in it:
City Manager and his staff to come up w
very delicate and very intricate and v(
historical preservation aspects of this
We had the best design. We were more ;
great talent. In another given day
pants, but this was one contest in which
terms of the rate of return to the Ci
types of things to consider. One, inc
two capital investment. We have t
investment on this property than an
proposal. When twenty years from now
project back it's going to have the best
That's to be taken into consideration
g1 151
#here. As to the
ents, that our rate
id that we will not
say Mr. Mayor, that
.e of property is to
:ommercial structure
irn. Obviously, the
wisdom ordered the
.th an RFP which was
ry observant of the
facility. We won.
ensitive. They had
,hey would beat our
we came out # 1. In
ty. There are two
:)me to the City and
he highest capital
ybody else in the
the City takes this
facility available.
ind it was. That's
March 21, 1985
I
why we are #1. Rate of return or income produced, we
provide more seating capacity and more usable space than
anybody else. That translates into dollars and income on a
successful operation. If you are talking about a million
and a half or two and a half million dollar rate of return
per year theirs is probably a better deal, but we are
talking here about a three to five million dollar operation
and we are confident we can. We brought a restaurant
operator, in conclusion, who did a miracle. He turned that
Wolfies on 21st Street on Miami Beach from a decaying non -
attended, you know, diluted chicken soup outfit into a very
successful operation over night and I'm telling you that he
intends to do the same. He would not have entered into a
lease agreement with us if he thought he would do less than
three and a half million dollars per year and that means
more dollars to the City. In conclusion, the process is not
sacred, but it's very formal. It's in keeping with the
unified development process. Please don't violate it. We
have done our best. It was a hard fought contest. These
folks are great and they have my respect and admiration.
Ambassador Walters I have read about since I was a little
baby and respect him the most and no disrespect intended and
we just hope for the best and think this will be a wonderful
project for the City and thank you, for your time.
Mayor Ferre: Mr. Traurig, I would like to say to you, sir,
that you have taught him well and I think you have a
formidable competitor here in being succinct and clear and
to the point in these type of matters.
Mr. Traurig: Mr. Mayor, I just said to Ms. Cooper that Mr.
Cardenas is a hell of a lawyer.
Mayor Ferre: He has been a good understudy. He has been
watching you carefully over the years. I have noticed he
has picked up some style, points. All right, now we need to
hear from the administration to conclude any concluding
statements. Ms. Weintraub. Mr. Manager.
Mr. Rosencrantz: Mr. Mayor, just a couple of observations
for the City Commissioners. I think the committee that
worked through this particular selection process was most
diligent in their process in adhering to the letter of the
law. The RFP went out explained very clearly how the
selection would be made and I think the committee followed
that extremely carefully. I think also, that in terms of
making the assessment of the benefit to the City, I think
the committee did an outstanding job of spending a lot of
time in trying to come up in terms of what was the best
proposal to the City. I think they have followed the
process. I think what they have done has been legal, it's
been consistent. I did not find any problems with the way
they proceeded. In other matters all questions that I have
received from any of the proposals have ')een responded to.
I have responded to all the questions ',..hat have come in.
They may not have agreed with the ansvers, but they did
receive the answers.
Mayor Ferre: All right, sir. Any other statements of the
administration? All right, is there a motion now to close
of the public hearing portion of this?
Mr. Plummer: So, move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, call the roll.
gl
152 March 21, 1985
j
THE FOREGOING MOTION was introduced by Commissioner Plummer
and seconded by Commissioner Perez and was passed by a
unanimous vote.
Mayor Ferre: All right, now we get first to the question
period and I would like please to ask you to limii it to the
questions before we get into comments. Any questions from
the Commission?
Mr. Plummer: Mr. Mayor, the only questions that I have, I
heard the other groups make their comments about their
financial package was better, but they never said what it
was. Now, we have the financial... Ok. We have the
financial package of the recommended firm, but I don't have
the financial package of the others nor do I know who their
restaurant. I assumed that the last person, he is going to
operate it himself. I don't know with Frazier's group who
is the restaurant operator. I didn't hear him...
Mayor Ferre: I would recommend J. L., that you read the
Sharren & Company report which very explicitly explains the
financial differences and also, there is a letter from Mr.
Pickering which you have in your package. I mean, from Mr.
Gordon Pimm of Pickering which very carefully explains. So,
I think, you know, the financial is very very explicitly
explained and I think it also is covered in the concluding
statement of the recommendation of the administration so I
mean it's all very clearly spelled out and I think... and
you might also, see some newspaper reports that the Miami
Times wrote a very good article... I'm sorry, Miami Today.
I beg your pardon. Miami Today explaining why John
Gilchrist has voted for Pickering and why Ed Domingo had
also voted for Pickering and so on. So, I think there is
plenty of information as to the financial differences. I
will tell you I do have a legal question and before I get
into that I want to say this. First of all, Lucia,
yesterday when Mike Latiner called me or came to see me I
referred him to you and I said to Mike, I said "Mike, you
get your attorney and if you convince our City Attorney that
there is a legal problem here in procedure, in propriety of
some sort, that in her opinion we will lose in a court of
law and get her to state it and if she so states, then Mike
I will follow her advise legally. I called Lucia up at
4:30. The meeting was at 4. She told me she wasn't ready
to conclude. Subsequently when I talked to her today she
told me that she couldn't in good conscience say that there
was any legal... Would you state it in your own words.
Ms. Dougherty: I believe, Mr. Mayor, I said that we could
defend the selection of the proposal that the Manager has
recommended to you.
Mayor Ferre: Now, based on that legal position that our
City Attorney has taken, then what I told Mike is what we
have left is the issue itself. But I have this question.
Now, I want to explain the legal aspect. Under the Charter
which is the procedure we use for the selection of Bayside
and which I might remind everybody that George Knox and very
specially Jose Garcia Pedrosa and I worked on... I mean
spending hours and hours and hours going over it and back
and forth and coming to the Commission and we changed it and
we had public hearings and Dan Paul protested it and we did
this and then it was modified and through the whole process
very carefully drawn out and it worked so well in Bayside.
There is a procedure now. Somebody said to me we can deny
it and rebid it. That's not the only thing we can do. We
can also, as I recall send it back to the Manager. I'm
sorry to the committee. We can send it back to the
committee for reconsideration right? Now, why don't you
explain to us what our options are when the committee comes
back with their recommendation the second time around.
gl 153 March 21, 1985
Ms. Dougherty: If the committee comes back with a
recommendation that is different than the one that they have
recommended before you have the option of taking the
Manager's first selection, the committee's second
recommendation or reject all bids.
Mayor Ferre: So, in other words if it comes back we can
take the Manager's first recommendation, we can take the
committee's second recommendation should it be different...
Ms. Dougherty: Any recommendation of the review committee.
The first one or the second one.
Mayor Ferre: In other words if they come back with a
different recommendation we can... Now, what we cannot do
just so that the bidder understand, is we cannot say all
right, we are not going to go along with the recommended
group... Can we go to the second?
Ms. Dougherty: Can you go to the second bid? No.
Mayor Ferre: And obviously, we can't go to the third?
Ms. Dougherty: No.
Mayor Ferre: So, if we can't go to the second, we
obviously, can't go to the third. Now, so, the only...
Mr. Plummer: Mr. Mayor, excuse me.
Mayor Ferre: I'm talking about now, J. L. I'm not talking
about tomorrow.
Mr. Plummer: Oh, right now all we can go is to "A".
Mayor Ferre: I'm talking about right now. There is only
one of three things we can do today. One, we accept the
recommendation. Two, we reject the recommendation and order
it to be rebid. The third thing we can do is send it back
to the committee. After the committee deliberates on the
issues, obviously, we would have debate as to why we are
sending it back to the committee. Then the committee would
have gather again, reconsider, think the thing through and
recommend. If their recommendation is the same we either
accept it or reject the whole thing and rebid it. If it's
different, then we have the right to accept the Manager's
first recommendation or any recommendation of the committee.
Now, is there anything else that we... did I cover it all?
Ok. I just want to make sure we understand legally where we
are.
Mr. Dawkins: Legally, point of information. Didn't the
unified development act says that we cannot throw it out,
that you have to send it back to the committee, Madam City
Attorney?
Ms. Dougherty: No, sir, Commissioner Dawkins. You may
reject...
Mr. Dawkins: It says we can throw it out and start all
over.
Ms. Dougherty: Yes, sir.
Mr. Dawkins: Ok. My second question is, in the event that
this is awarded to the recommended firm and either of or all
of the other bidders go to court, is there such a thing as a
stop order or a judgment of something that would hold up...
that the courts could demand that we not award this until
the court case is settled?
gl 154 March 21, 1985
i �:
Ms. Dougherty: They could seek to get a temporary
restraining order in which case they would have to prove
that there are irreparable damages, but they would also
have to post a bond and that bond would have to cover the
cost of what damages the proposer of the winning proposal
may have to... may lose in the event they were not
successful in winning in court ultimately. So, yes, they
can go to court.
Mr. Dawkins: Ok. I will by that term... and suppose the
losing team goes to court and they put up a bond and then
they win, what does the present firm lose? I mean, we are
going to penalize somebody for challenging it, but if they
challenge and win, the side that was challenged don't lose
anything. I mean...
Ms. Dougherty: No, all they would win is a new proposal.
Would have to do it again.
Mr. Dawkins: Ok. Thank you.
Mayor Ferre: Let me ask one other legal question. If and
I'm going back to Bayside. The Manager recommended Rouse
and the Commission went along with the recommendation and
then we instructed the Manager to negotiate. The Manager
then instructed the committee Chaired by David Weaver to do
that. Weaver went into negotiations. What came out is
quite different than what we started out with. Is that true
John?
Mr. Gilchrist: It was more advantageous to the City.
Mayor Ferre: I realize that. I mean, to the better...
Mr. Gilchrist: It was different.
Mayor Ferre: On the City's favor, substantially better.
Mr. Gilchrist: That's right.
Mayor Ferre: Now, my question is this. If... What? It
wasn't Howard Gary. It was David Weaver who negotiated the
contract and the committee and then Howard Gary also, got
involved in it towards the end, but basically, the
negotiations were conducted by the committee with Mr. Gary's
guidance and instructions. But now the question is this, if
this Commission were to select the recommendation of the
Manager and instruct the committee or the Manager to
negotiate and if the Manager came back with an improved
contract... In other words, I'm not satisfied on the return
and if this Commission were to say, ok, we need to improve
the return as we did on Bayside and as came back on the
Rouse contract. Is that under our Charter subject to legal
challenge?
Ms. Dougherty: No, sir, Mr. Mayor, so long as the return is
better for the City you are all right. You could go back
and make a lesser return. That would be challenged and
challenged properly.
Mayor Ferre: But that's clearly spelled out in the Charter
change. Of course, it has not been challenged in court as
to the constitutionality of it, but the point is that
that's... I just want make sure everybody understands what
our rules are under the Charter.
Ms. Dougherty:
Charter.
That's basic bidding rules. It's not in the
gl 155 March 21, 1985
i
6
Mayor Ferre: All right, now, I don't have any other
questions. Anybody else have any other questions?
Mr. Carollo: I think you have asked Mr. Mayor, some of the
main questions pertinent to the bottom line of this whole
issue...
Mayor Ferre: I will recognize you for a statement in a
second. Are there any other questions by any member of the
Commission? Ok.
Mr. Carollo: My concern is Mr. Mayor, that even though our
City Attorney and Manager are telling us that legally we can
proceed with this, I just concerned with what's really fair
and I get the impression with what I have heard the
counselor for Mr. Latiner say that everything really wasn't
as fair as our staff might make it appear to be. I think
f that if you put certain things in an RFP and then you
penalize someone for following the intent of what we asked
for, I don't think that's fair. I think this Commission has
always taken the attitude whether we agree with people or
not to at least be fair if we place something out for bids
and it leaves a bad taste in me, that here are a group of
people that have spent a lot of time and effort into this
like they all have and have a good project. I think they
all are good, but they are being penalized because they
F
follow what they interpret was the intent of the RFP.
Mayor Ferre: Any other statements at this time? If not,
I'll make a statement into the record. This is a difficult.
{ If I were to make a judgment based on who I believe is got
the best vision of what could happen properly and if this
were based on friendship, I would have to go with David
Walters, because I think... I have known him for a long time
' and I don't as of yet ever remember ever having seen him
wrong except for his presidential candidate in this last
election. Other than that I can't think of anything that I
have ever disagreed with him on. He has got a vision of
things that is unbelievable. If I were to vote on
imagination... I have known Mike Latiner for a long time and
this brewery idea is dynamite. And if I were to vote on
tenacity, I think Mike Latiner is probably one of the most
tenacious guys around and I think what he has done with
Tobacco ...SPI-7. Mr. Plummer: They don't live in the City.
Mayor Ferre: (con't)...and I think what he has done with To-
bacco Road is unbelievable, and I think he could get it
done, but I am not making that call today. If I were to
vote on the presentation, I think Fire Station #4 is signif-
icantly better - better thought out, more detail, more elab-
orate. Architecturally the thoroughness of it is impres-
sive. The fact that they have gone to the second floor - I
think the quality of it, the detail of though that has gone
into it, the thoroughness, the number of people involved -
Mrs. Cabotman, the variety of people that are into it - the
thought processes. There has been a lot of time, effort,
thought, care - the details, down to the sculptures - I will
tell you, I cannot deny that ... I've read these presenta-
tions. I don't know who else has, but I have. I have
looked at these presentations. With all due respects ...
and they are all nice presentations, but this is a very,
quality presentation. it is exceptionally good. I mean, in
every sense - every page, every paragraph, every design, the
recaps, the balance sheet presentations, the descriptions -
this is first class stuff. Now, I can't deny the facts that
they are the winners - and the committees, you know for
whatever reason and I don't think that anybody has accused
anybody of dishonesty. In the rules of the game estab-
gl 156 March 21, 1985
I
lished, they won, two to one - can't deny that! I have got
to tell you that if I had been on the committee however, I
would have voted for Pickering for a lot of reasons. First
of all, I think I would agree with John Gilchrist's conclu-
sion. There are very significant letters in the report and
it is the minority letters by our own lease manager and by
Jack Lowell and they are very, very significant letters and
they explain carefully why they voted for Pickering and
there is no question that in four of those six criteria Pic-
kering won, Number one. Number two, there is no question
that the difference financially between Pickering and Fire
Station Number 4 is more than twice. I mean it is a signif-
icant financial difference. At the end of the lease, the
difference is significant on a probability basis, even at
the middle range it is significantly different. Their fi-
nancial statement, as Jack Lowell and Mr. Albert Almotta
pointed out is significant. As Ron Fraiser pointed out,
their minority participation is significant. I don't blame
you for protesting the statement that it isn't, so you know,
I've got to in all truth say that if I were on a committee
and blindly voting, that is how I would have voted. Now,
the last criteria is this. We have a Charter that was care-
fully thought out. I think we should not throw these bids
out. I think that would be very sad. If we sent them back
I to the Committee, it happens it happens and we will see what
the committee would do and let's see how it comes back, but
I frankly don't see that there is enough reason at this
point to do that and therefore, I've got to say that I would
go along with a committee's recommendation for the purposes
3 of keeping the the integrity of the system, of the process,
because of the carefully detailed presentation of Fire Sta-
tion Number 4, because I think it is an important step for-
ward for us in the community, as long as our attorney says
that she feels comfortable in defending it in the Court
should it be challenged and I would hope and it is legal,
a that the negotiating committee and the Manager would come
3 back with a substantially improved contract, and that is my
position. My vote is to uphold the recommendation of the
committee and the integrity of the system.
Mr. Carollo: Is that a motion, Mr. Mayor?
Mayor Ferre: I will make it into a motion, sure. If nobody
else does, I would be happy to make a motion.
Mr. Carollo: There is a motion, is there a second?
Mr. Plummer: I second the motion and make it very clear - I
too am not happy with the return to the City and if you
don't come back with a better negotiated return to the City,
don't expect me to be voting for you in the final analysis.
Mr. Dawkins: (INAUDIBLE)... fireman.
Mr. Plummer: Oh no. They have got to go negotiate and get a
contract and then it comes back here for final vote.
Mr. Carollo: There is a motion and a second. Any further
discussion? Mr. Perez, would you like to say anything?
gl 157 March 21, 1985
i ;
The following resolution was introduced by Mayor Ferre,
who moved its adoption:
RESOLUTION NO. 85-305
A RESOLUTION ACCEPTING THE RECOMMENDA-
TION OF THE CITY MANAGER FOR THE SELEC-
TION OF THE LADDER COMPANY NO. 4, LTD.
PROPOSAL FOR A UNIFIED DEVELOPMENT PRO-
JECT KNOWN AS THE ADAPTIVE REUSE OF HIS-
TORIC FIRE STATION NO. 4 LOCATED ON A
CITY -OWNED LAND PARCEL AT APPROXIMATELY
1000 SOUTH MIAMI AVENUE (MORE PARTICU-
LARLY DESCRIBED HEREIN); AUTHORIZING AND
DIRECTING THE CITY MANAGER AND THE CITY
ATTORNEY TO NEGOTIATE A CONTRACT WITH
LADER COMPANY NO 49 LTD., REQUIRING CON-
TRACT TO REFLECT AND COMPLY WITH MINORI-
TY PROCUREMENT PROGRAM ORDINANCE 9775
REQUIREMENTS; AND FURTHER DIRECTING THE
CITY MANAGER TO PRESENT THE NEGOTIATED
CONTRACT TO THE CITY COMMISSION AS SOON
AS PRACTICABLE FOR CONSIDERATION AND AP-
PROVAL BY THE CITY COMMISSION PRIOR TO
THE EXECUTION OF SAID CONTRACT.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
ABSENT: None.
Mayor Ferre: All right, Mr. Manager you are instructed on a
three to two vote - the Commission has given you and your
committee a vote of confidence and we instruct you to come
back with a negotiated deal that is hopefully a major im-
provement.
Unidentified Speaker: Thank you. It will be.
------------------------------------------------------------
67.1 BRIEF DISCUSSION REGARDING PUBLIC SERVICE TAX ON
TELEPHONE SERVICES. (Continued on Label 70)
Mr. Dawkins: Mr. Mayor, I would like a point of special
privilege.
Mayor Ferre: Yes, sir.
Mr. Dawkins: On Item 45, I have quite a bit of questions
that I would like to sit down with Southern Bell and go
through because Mr. Mixon's newsletter and I disagree and
I've asked the Administration to come up with some answers,
gl
158 March 21, 1985
0
which they have, but I don't think it is fair for me to dis-
cuss these now without having discussed them with Southern
Bell, so I would move that this be continued until the next
meeting, please.
Mr. Carollo: Unless you feel really strongly about it, I'll
go with you, but I am ready to make a motion to vote against
the 10% tax increase on long distance telephone calls.
Mayor Ferre: Well, I'll withdraw my motion!
Mr. Carollo: I don't know if I will get a second for it, or
even a third, but ...
Mayor Ferre: Well, I haven't put 45 on the table, but if
you ... and I will do it as soon as we finish with the un-
finished business before us with our Blue Ribbon Committee _
and then I will recognize your motion at that time, okay?
68. CONTINUED DISCUSSION: AMEND ARTICLE 15 SPECIAL PUBLIC
INTEREST DISTS. OVERTOWN/PARK WEST. MOTION TO BEGIN
AREA OF 9 BLOCKS AS DELENIATED IN BLACK ON MAP.
Unidentified Speaker: Thank you, Mr. Mayor. We made
proposal and I will just let Mr. Bailey explain to you what
the problems that we have with that and the deadlines that
you also have to meet in order not to lose your application
with C. R. and the monies that you have already paid.
Mr. Herbert Bailey: Mr. Mayor and members of the Commis-
sion, we caucused in the C.O.W. Room and we went through the
recommendation that was submitted by representatives of the
property owners and we think we gave it a very fair observa-
tion, but I would be remiss if I did not advise this Commis-
sion as a representative of the City of the adverse impact
that this recommendation would have in regard to this pro-
ject and thefinancial and the legal impact that would be a-
gainst the City. First of all, the proposal is drastically
different and counter to the redevelopment plan that the
City and County Commission have approved. The D.R.I. for
which we have been working on for the past two years would
have to be completely redone and would take us another 18
months to 24 months to get completed. The development se-
lection, and I think this is probably very key - we have
coming before this Commission hopefully next month a solid
commitment, an absolute commitment to develop $2,200,000
worth of private investment in the Overtown/Park West areas.
These developers have responded to R.F.P.'s based on what
they considered to be the proposed zoning to compliment the
investment that they are going to make and I haven't been
here that long and I know I am lengthy and I want to get
right to the point, is that I would just like to know, and I
am new here, when is the last time that you have had anybody
and let's talk about the property owners, to come in with an
absolute commitment that has been verified by one of the Big
Eight firms to invest $200,000,000 in the project area.
Okay, I am going to get to the point, Mr. Mayor.
Mr. Plummer: Wait a minute. Let's be fair, okay? You know
Herb, I appreciate you trying to make your point, but let me
tell you what I don't appreciate, that died. Obviously you
didn't understand. What we sent back to you and to the Ad-
ministration was to consider this other plan.
Mr. Bailey: I am getting to that, Commissioner. We are.
gl 159 March 21, 1985
0
Mr. Plummer: Well, but the rest of it is dead weight. it
is history.
Mr. Bailey: Well, if I can just make my point as to what I
am getting to, you will understand how it fits in.
Mayor Ferre: Hey, let me add my voice to Plummer's. You
have got a four to one vote, okay?
Mr. Bailey: I understand that, Mr. Mayor.
Mayor Ferre: Now, this whole thing is dead!
Mr. Plummer: Mr. Mayor, as far as I am concerned, it is a
dead issue. We tried to do something. Obviously they don't
want to listen.
Mayor Ferre: Let him finish, J. L.!
Mr. Plummer: No, no, what for?
Mayor Ferre: Because you don't know what his statement is
going to do.
Mr. Plummer: I've heard it!
Mr. Bailey: No, you haven't!
Mr. Plummer: You are beating a dead horse!
Mayor Ferre: He hasn't made it yet. Let him finish.
Mr. Bailey: I would just like to recommend and we get to
the point ...
Mayor Ferre: Well, get to the point, Herb.
Mr. Bailey: ... that we would like to come back before this
Commission, and only ask for the zoning for the property
that the City and the County own that is under redevelopment
and that any developer or any investor has a desire to come
in and make any investment or development within the area
that they too will come before this Commission and ask fot,
the zoning changes as we are asking for the zoning changes
on property we own. We only want to ask for - we are going
to withdraw, we want to withdraw the zoning ordinance and we
only want to come back and ask for the zoning only on the
property that we own and want to develop.
Mayor Ferre: J. L., I don't see how we can do anything but
go along with that. If we don't go along with it, we are in
effect killing the potential of the bid document that we
have in our hands, and I think that is a heavy duty respon-
sibility.
Mr. Plummer: Show me on that chart.
Mayor Ferre: The black area.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: Just say the black area.
Mr. Plummer: Do we own all of that property?
Mr. Bailey: We have five blocks under ownership and am in
the process of acquiring another four.
gl 160 March 21, 1985
Mayor Ferre: We have got the money for that. Nobody can
complain ...
Mr. Bailey: Absolutely, we have the money.
Mayor Ferre: Now, do you have any problem with that?
Mr. Bailey: That will be coming before this Commission on
April 11th, indicating how we intend to purchase that and
the funds are available to do that.
Mayor Ferre: Bob, do you have any problem with that? What
he is saying is, forget everything else. We are just going
to do what we have money to do.
Mr. Plummer: Well, let me ask you this question. Now, I've
got to go into a legal aspect.
Mr. Robert Traurig: Yes, I would rather lose on the issue
that you previously heard, then to see the whole thing go
down the tubes, but I am not sure that is the only alterna-
tive.
Mayor Ferre: You would rather what? _
Mr. Traurig: Mr. Mayor, I think I not only speak for myself
and my clients, but for others that a valiant effort has al-
ready occurred to try to develop an overall conceptual plan
for this area. Rather than to lose all of that effort, I
think that if it went back to the Planning Advisory Board
for one last stab, so that you won't lose the time and so it
won't expire, that maybe we can thrash out something in the
way of compromise so that everything can go forward.
Mayor Ferre: Bob, this is a ...
Mr. Traurig: I hear what Commissioner Plummer says. I
think it would be a disservice for the community to lose the
effort that is already incurred.
Mayor Ferre: We are at a major crossroads. I mean, this is
a junction that once we pass it - once that train rolls by,
there is no way to go back to it I mean, if we lose the
initiative and the work of two years that we have done on
this thing, we are in serious troublel
Mr. Plummer: That same set of criteria applies to the are
you designated in black, is that correct? ... where you have
tied the commercial to the residential. Is that the way it
was bid?
Mr. Bailey: No, that criteria ... I misunderstood your
question, Commissioner. Try it again.
Mr. Plummer: As the area designated in black which you have
indicated we presently own.
Mr. Bailey: Yes.
Mr. Dawkins: Whatever you said, I move it.
Mayor Ferre: Is there a second?
Mr. Perez: Second to what?
Mayor Ferre: In other words, we do it just for the black
outlined area.
Mr. Plummer: Wait, let me ask a question, because I think
this is a very important question. Is that area, if in fact
is a commercial tied to the residential?
gl 161 March 21, 1985
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Mr. Bailey: Absolutely.
Mr. Plummer: All right, what happens if we pass it there
and we change it to the other, what happens to the develop-
ers that have already made a commitment there?
Mr. Bailey: Then they will change it.
Mayor Ferre: We are not dealing with the others.
Mr. Plummer: But, what if you change it from the others? If
you change it from the others, are they going to have the
right to come back and say ...
Mayor Ferre: Wait a minute, I have got to make a statement
to you, Herb. Sometimes you and I don't communicate. As
you say, you take a long time to make your point, but I want
to tell you this is one of the smartest moves I've seen you
make, because, I want to tell you what it is going to do.
You see, what you are doing is, you are falling back to your
bottom line retrench position and what you are saying is,
let me prove my point here. If I prove my point there, then
we will come back and we will say, " Tony, you see,- it works
here, it isn't bad. Raul, it can work" and then we will do
Mr. Rodriguez: If you buy the property it can work. We
always said it could.
Mayor Ferre: Right, okay, but that goes back to your origi-
nal statement. "Don't do this unless you buy my property"
and that is what Tony said and I think this solves both your
concerns and your client's concerns and it also does not
kill the progress of two years of hard work by this City and
the amount of money we spent in getting these bidders to
this point. I thank you for doing that. My only criticism
is you should have done it before, but you damn near lost
the whole thing.
Mr. Rodriguez: But I accomplished another thing.
Mr. Plummer: The question I am still asking, okay - Madam
City Attorney, what position are we in that we approve this
here tonight and then we go and we address the other areas
and we make that more liberal through an incentive and bonus
program. Do those people who have a bid in presently and a
commitment to build - can they come back to this City and
say "Well now wait a minute - it was a different set of cri-
teria. We want the same criteria that you are going to give
the others if there is a bonus given and more liberal zon-
ing and more liberal F.A.R.".
Mrs. Dougherty: Outside of the City owned.
Mr. Plummer: No, outside of that black area,
Parkwest/Overtown project. Are we opening
Pandora's box for the original bidders ...
Mr. Freixas: Commissioner ...
still in the
the door for
Mr. Plummer: Wait a minute, you are not the City Attorney -
not half as prettyl Do we open the door to the original
bidders to say,"Well now, what is fair is fair, you are go-
ing to give a better program to the outside of that Black
area, we bid on the inside predicated on the whole project".
Mrs. Dougherty: No, Mr. Commissioner. They have bid on
what we proposed. I mean, they proposed on what we bid, so
they are bound by that document.
gl 162 March 21, 1985
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0
Mr. Plummer:
By that area.
Mrs. Dougherty: In that area.
Mr. Freixas: Commissioner, let me make a point now. What
we tried to do now is just apply it to the nine blocks of
what the City owes or is in the process of owning. I would
suggest to you that you nothing further now. If you do
that, and you liberalize it and you start giving bonuses on
the thing. Until they can prove this thing can work, under
the guidelines, all you are doing now is making their land
more valuable on terms of you purchasing at a later date so
it is our recommendation that you choose to do nothing at
this point, Just zone the nine blocks, stop there, and see
how it goes. Don't do anything else. Thank you.
Mayor Ferre: All right, are we ready to vote? Are you
okay, J. L.?
Mr. Plummer: Yes.
Mayor Ferre: All right, call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-306
A MOTION ACCEPTING THE RECOMMENDATION OF
THE ADMINISTRATION CONCERNING SPI DIS-
TRICT AND SOUTHEAST OVERTOWN/PARK WEST
TO ACCOMPLISH THE CONSTRUCTION IN THE
AREAS THAT WE PRESENTLY HAVE DELINEATED
BY A BLACK STRIPE OUTLINE OF A NINE -
BLOCK AREA ON A DRAWING PRESENTED TO THE
CITY COMMISSION ON THIS DATE. (See Ordi-
nance 9968, later same meeting)
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: Let me say in voting yes, that I also want to
add one comment. I still want to add the comment Mr. Mayor,
that I still want to go forth and try with the bond issue.
I think it is vital for the bond issue to be passed. There
has got to be an infusion of public money. If not, you are
misleading the people.
Mayor Ferre: Mr. Bailey, you live dangerously and you must
have a very good guardian angel who worries about you, be-
cause you almost ... I mean, you are making this by the skin
of your teeth. This is much too an important a thing for us
to live so dangerously and I thank you for having come up
with a solution and I hope the next time you don't hang in
so tough so long, and I vote yes.
Mr. Carollo: He might end up being the best Assistant City
Manager this City ever had, hey, Mayor?
gl 163 March 21, 1985
- - - - - - -- -- -- ---- --- --- -- ---- - ---- - - -- ---
69. GRANT WAIVER FOR USE OF ORANGE BOWL STADIUM - NOVEMBER -
27, 19869 FOR PUBLIC SCHOOL CENTENNIAL CELEBRATION IF
STADIUM IS AVAILABLE.
------------------------------------------------------------
Mayor Ferre: All right Frank, what can we do for you?
Mr. Frank Cobo: Mr. Mayor, fellow members of the Commis-
sion, Mr. Manager, this year begins the Centennial Celebra-
tion of the Dade County Public Schools. We have already
kicked it off. I have included a brochure in the packet.
The reason for my being here tonight is to request that the
City of Miami allow us to use the Orange Bowl November 27,
1986.
Mayor Ferre: November 27th?
Mr. Cobo: November 279 1986. This is the official year ...
Mr. Carollo: November ...
Mr. Cobo: November 27th, 1986. In fact, you all might not
be here!
Mayor Ferre: The Dolphins will be still be playing.
Mr. Cobo: That is right, but we have already checked this
date out and this date is available.
Mayor Ferre: Frank, I wish you would not make political
predictions. They don't usually come true!
Mr. Cobo: But, Mr. Odio, before you object to it - this is
a once in a lifetime, needless to say, the centennial cele-
bration. It is a very important part ...
Mayor Ferre: Well, speak for yourself.
Mr. Cobo: As a product of the Dade County Public Schools, I
will speak for myself. We intend to have a real jamboree in
the Orange Bowl. It might be the only time it used in 1986,
so it might be worth our while to have it.
Mayor Ferre: Now Frank, that is twice you have done that.
Now, don't strike outl
Mr. Cobo: I better leave while I am ahead. I really need
Mayor Ferre: I don't know if you are ahead, but go ont
Mr. Cobo: Okay, I really need your support for this.
Mayor Ferre: All right, Cesar?
Mr. Cesar Odio: I have no objections to him doing that, but
. .
Mr. Cobo: Thank you.
Mr. Odio: ... we do not have the schedule from the N.F.L.
and the University of Miami and the high school and tell him
now that he can use the Orange Bowl...
Mayor Ferre: Well, obviously it is assuming ...
gl
164 March 21, 1985
Mr. Cobo: We will check it out, but you are right.
Mr. Odio: There is no way you are going to find out now.
Mr. Cobo: You are right.
Mayor Ferre: In other words, the point Frank is even if we
agree to do it, it is subject ...
Mr. Cobo: Exactly! That is fine. t
Mayor Ferre: How much are we giving away by doing this?
Mr. Odio: $10,000.
Mayor Ferre: $10,000?
Mr. Cobo: It is about $10,000.
Mayor Ferre: All right, who makes the ...
Mr. Plummer: About, or $10,000? _
Mr. Cobo: $10,000.
Mayor Ferre: Who moves it.
Mr. Odio: And they will have to pay for the expenses.
Mr. Perez: I move.
Mayor Ferre: Commissioner Perez moves. Is there a second?
Mr. Cobo: Thank you, Mr. Odio. Appreciate that.
Mr. Carollo: Frank, are you going to be around in 1986 in
case something goes wrong, we could .... (LAUGHTER)
Mayor Ferre: He is going to be back in Key West. Is there
a second to the motion?
Mr. Cobo: Yes, Vice -Mayor Carollo seconds it.
Mr. Carollo: No. I would like to defer this to a commit,;..
tee. (LAUGHTER)
Mr. Plummer: Until December, 1985.
Mr. Carollo: When some of us are still here and some of us
are not!
Mayor Ferre: All right now that we have both of these po-
litical gurus making predictions, we now ... we have a mo-
tion, is there a second before I close it? Plummer seconds.
Is there further discussion? Call the roll.
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION NO. 85-307
A MOTION GRANTING A REQUEST MADE BY
FRANK COBO, CHAIRPERSON OF THE DADE
COUNTY PUBLIC SCHOOL CENTENNIAL CELEBRA-
TION COMMITTEE FOR USE OF THE ORANGE
BOWL STADIUM BY WAIVING THE $10,000 FEE
FOR A CENTENNIAL CELEBRATION EVENT TO BE
HELD NOVEMBER 27, 1986, PROVIDED HOWEVER
THAT THIS DATE OF USE DOES NOT CONFLICT
WITH THE SCHEDULED N.F.L., UNIVERSITY OF
MIAMI, OR HIGH SCHOOL FOOTBALL GAMES.
gl 165 March 21, 1985
I
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 t
NOES: None.
ABSENT: None.
70. PUBLIC HEARING: PROPOSED AMENDMENT TO SECTION 55-11 &
55-12 PUBLIC SERVICE TAXES ON TELEPHONE SERVICES (a)
DENY PROPOSED TAX (b) EXPLORE OTHER SOURCES OF REVENUE
(c) STRAW BALLOT QUESTION ON NEWSPAPER ADVERTISING
REVENUE TAR.
Mayor Ferre: All right, we are now on your issue, Commis-
sioner Carollo.
Mr. Carollo: Mr. Mayor, I would like to make a motion that
this Commission does not increase by 10% the tax on long
distance telephone calls within the State of Florida. I
think it is going to be very unfair, Mr. Mayor, to the tax-
payers of Miami to carry a burden that other taxpayers in
this county and this state will not have to carry.
Mayor Ferre: I will recognize your motion, but I think out
of courtesy to an attorney and a great public servant who
has worked diligently on this matter for many, many months -
he spent a lot of time and effort and who has worked hard on
this. I think we ought to hear his statement first and then
I will recognize you if we get a second and then we will
hear from the public.
Mr. Carollo: I want Ernie to say a few words.
Mayor Ferre: But, Clark, why don't you introduce the sub-
ject and then we will hear from Stuart.
Mr. Clark Merrill: Mayor and Commissioners, this issue
comes to you because we had a tremendous loss in revenue
from the telephone revenue for franchising the public serv-
ice tax, because of divestiture and this deregulation of the
telephone industry
Mr. Plummer: What is that loss?
Mr. Merrill: About $3,000,000 a year. It was about
$2,000,000 last year and about $3,000,000 this year and it
will continue to be that unless we are able to make this
revenue up. The idea came from the law firm that this Com-
mission has authorized to be hired, which is represented
here today by Stu Simon and we have drafted this ordinance
that would extend the utility tax to the long distance
intra-state, not inter -state, but intra-state long distance
calls. This would likely be done in the County and other
places eventually so this is a suggestion to you as a way of
bringing in additional revenues to make up those losses.
Mayor Ferre: Wait a minute. Please, not additional reve-
nues, but recuperating revenues that we had and had been
taken away, that we were getting in the past.
gl
166 March 21, 1985
0 0
Mr. Merrill: I would like to introduce Stu Simon now who
will make some comments to you about this ordinance.
Mr. Stuart Simon: Mr. Mayor and Commissioners, I think that
it is important that you realize that we do not take a posi-
tion. We were drafted to draft some legislation, which
would accomplish certain purposes and I think for you to
vote on this issue, you should understand exactly what it is
that we are trying to do. Commissioner Plummer brought out
the fact that you have lost approximately $3,000,000 in rev-
enue each year. I think you should know how that loss comes
about. Up until deregulation of the industry, what you had
was people renting telephones and they were paying a certain
amount of money for the rental of those telephones. What is
taking place in the telephone industry, that whole stream of
revenue has disappeared because even though people are rent-
ing telephones, more and more people are buying telephones
and it is not possible for you to impose the tax on people
who rent telephones, but not impose the tax on people who
buy telephones, or if you attempt to do something like that,
then everybody will buy a telephone and since there is no
rental charge on which the excise tax could fall, that
stream of revenue disappears. Knowing then that you have
lost $3,000,000 in revenue, you asked us to see if we could
devise a means that would restore approximately the amount
that you lost and that is what we have attempted to do. We
haven't done it completely. What the proposed legislation
before you would do would be to restore about $2,500,000 of
the $3,000,000 that you lost and what we sought to do was
replace the lost revenues because of the loss of tax on the
telephone instruments with two additional sources. We
thought we would impose the tax on intra-state telephone
calls. We have some doubts as to whether you come impose
the tax on inter -state telephone calls because it could
constitute a burden on interstate commerce and we sought to
avoid that question for the time being. We therefore
placed it on intra-state telephone calls and the tax would
fall on Miami residents who place calls to other points in
the State of Florida, or who receive calls and have them
billed to their address within the City of Miami. We also
sought to impose the tax on long distance access charges.
By long distance access charges, we are not talking about
the charge that is made by a local telephone company like
Southern Bell, to AT&T, but would fall upon the consumer,
the customer who places a direct call through the facilities
of AT&T. By imposing the taxes on this basis, we would gain
about $2,500,000 of the $3,000,000 that is lost. I would
also tell you by way of background, and I think you should
know this before you reach your conclusion, that the Gover-
nor appointed a task force to look into this question on be-
half of the State of Florida. The City of Miami was not the
only municipality, believe me, that took a real severe fi-
nancial pasting as a result of what took place and a task
force was created and is studying and considering various
pieces of legislation. I think that members of your staff
who talked to us about this felt that if this Commission en-
acted just on first reading an ordinance that would restore
some of the revenues, it would encourage the legislature to
go forward with a constructive legislative program which you
would probably rather follow than your own ordinance because
it would be levied on a uniform basis throughout the state
or would be permissible on a uniform basis throughout the
state and you might want to consider enacting this ordinance
or approving this ordinance on first reading with the knowl-
edge that you can avoid considering it on second reading and
final passage until after the Legislature has met and done
whatever it was that it was going to do. At that point you
could choose to enact your own ordinance if it was still
consistent with what the Legislature permitted, or you could
gl
167 March 21, 1985
discard it in favor of a program that was encouraged or was
consistent with what the Legislature would permit you to do.
I mentioned these things by way of background. I want to
tell you that so far as Mr. Hellman and I are concerned.
Too, we are not here encouraging you to enact the legisla-
tion. We are here to give you background. We attempted to
draft this legislation in order to restore for the most part
the revenue that you lost and I would mention one other
thing. In the proposed ordinance, the effective date is
September 1st, which is after the legislature meets. You
could, in terms of keeping your options open, consider en-
acting it on second reading after the legislature meets and
you could still not become effective until September 1st,
which would give everyone sufficient time in which to adjust
to it, whatever it is you enact. Can I answer any .further
questions?
Mr. Carollo: Yes, when you mean give people sufficient time
to adjust to it, can you explain that a little more?
Mr. Simon: Can I explain it a little more?
Mr. Carollo: What do you mean by giving people sufficient
time to adjust to this?
Mr. Simon: What I am saying is that there has been a loss
in revenue to the City of approximately $3,000,000. What we
have done, and that is because the revenue that you have im-
posed on the pieces of equipment which normally were leased
previously.
Mr. Carollo: We realize that Mr. Simon, but what I don't
understand is your statement giving people the opportunity
to adjust. Adjust to what, the increase?
Mr. Simon: No, no. To gear up and meet the billing proc-
ess. That is a complicated process. The point of the mat-
ter is, it would be a charge that would be placed on the
bills that are sent to customers and to get the machinery
ready to this mechanically, physically will take a little
time. That is the reason I thought you would probably pre-
fer not to enact legislation and have it effective until
September 1st. And of course, what you are considering to-
night, is not the final reading of an ordinance, but on
first reading.
Mr. Plummer: Mr. Simon, let me ask you a question. The o-
riginal amount we were getting before was approximately
$5,000,000.
Mr. Simon: $3,000,000.
Mr. Plummer: Total.
Mr. Simon: The total was considerably larger than that.
Mr. Plummer: Larger than $5,000,000?
Mr. Simon: Yes.
Mr. Plummer:
chise fee?
Mr. Simon:
different.
Mr. Plummer:
Mr. Simon:
All right, and we derived that from the fran-
No, the franchise fee is something altogether
All right.
The franchise fee is something you charged.
gl
168
March 21, 1985
Ll
0
Mr. Plummer: Was this a utility tax? What was this tax?
Mr. Simon: This is a utility tax.
Mr. Plummer: Which was 10%?
Mr. Simon: Yes.
Mr. Plummer: All right now, that means that the phone com-
pany is collecting half of what they collected before for
the City. Is that correct?
Mr. Simon: Approximately correct, yes.
Mr. Plummer: Then why hasn't my phone bill gone down? No,
where has that $3,000,000 gone to? I haven't received it in
any reduction in my bill! If anything, my bills have gone
up.
Mr. Simon: Well no, this really has nothing to do with the
phone charges. If you look at your bill when you receive it
at the end of the month, you will see these things are added
on in the form of taxes that are imposed. Now, there is no
particular reason why your phone bill should have gone down,
but the amount of the tax you paid should have gone down.
Mr. Plummer: Well, that is in the total amount of the bill
that I pay.
Mr. Simon: Yes.
Mr. Plummer: And my phone bills have consistently gone up.
Now if the tax is removed and they are paying $3,000,000
less, it would stand to reason that my bill would go down.
My bill hasn't gone down. It has gone up, up, up, up!
Mr. Burt Hellman: Commissioner, my name is Burt Hellman. I
am an associate of Stuart Simon. I might be able to address
l that. The rental of a single telephone can vary from ap-
proximately $2.00 to approximately $4.00 or $5.00, depending
upon the piece of equipment. 10% of that amount, of course,
is 20 to 50 cents. You might not notice a 20 to 50 cent de-
crease in your bill, particularly if your usage changes or
if there was a rate change in the interim, but still the im-
pact of the City on cumulative 20 or 50 cent charges for
each piece of customer equipment rented was in the vicinity
of $3,000,000. I would to like to correct something that
was stated before in that the $3,0009000 loss is the aggre-
gate due to the City from both the public service tax and
the franchise fee. Again, it would come off the bill in
both events, but that is the aggregate loss in both catego-
ries.
Mr. Plummer: This City has to have "X" number of dollars to
operate. If we don't, then we have to out back. We are
faced with Federal monies cutbacks next year. Who knows
what that number is. What other suggestions do you have
from the phone company from where we previously got
$6,000,000. Do you have any other suggestions of where we
can derive the revenue to maintain the same level of income
that we had before. For example, yellow pages - yellow pag-
a.
es we do not get a dime from, nobody does, except the phone
company. Now, is it possible that we can impose a tax on
the yellow pages or some other source within there, where we
can maintain the same level of income and revenue to the
City.
Mr. Carollo: J. L. I think you are getting warm, but not
hot yet. What I see is the following - people that have
relatives in other parts of the state, like my family - my
gl 169 March 21, 1985
4 0.
wife is going to use the phone to call her parents up in
Northern Florida, or her brother in Palm Beach or her other
brother or sisters in the West Coast of Florida, I can't
tell her not to do it! She only sees them a few times of
the year. It is not a luxury. That is a human need. When
I need to call Palm Beach or other parts of the State for my
business, it is not a luxury, it is a need and I am forced
to do it. The people who have relatives in other parts of
the State, that is not a luxury, it is a need, a human need
they have. Now, what I am seeing is, and I don't understand
this logic, but maybe with some of the mentality we have a-
round here some people see it differently. We are paying a
law firm - a very outstanding law firm to come back to us
and give us advice on how to tax people more! And on top of
that, we are paying for that. Well, I think Commissioner
Plummer is getting warm but not hot and I won't charge the
City for this. I mean, this is free advice. What I think
we need to do, if we really are looking for additional reve-
nues without taxing the people of this City in a revenue
that is going to bring much more than $3, 000, 000 a year to
us, is to really you know, bite the bullet and quit pussy-
footing around this issue. Newspapers in the state do not
pay a single penny in taxes for all the advertising revenue
that they bring every year. How many millions and millions
of dollars do newspapers in this town bring in in advertis-
ing revenues that they don't pay a single penny for? Are
they better than the rest of us that they don't have to pay
taxes? I don't think so. The difference is the power they
hold, because most politicians melt like jellyfish if they
have to stand up to big bosses, that run the newspapers of
this town - and the same thing across the State of Florida.
So the answer - well, the answer that people want to come up
with is tax the little guy. He can't defend himself. He
can't fight back. That is always the easy solution. What I
would like to do today is present a motion to my colleagues,
if they are so interested in really bringing additional rev-
enue to the City coffers and maybe do something different
for once and not tax the little guy in the City and not tax
the residents of Miami more than they are already, to place
a straw vote question in the November election of this City
to ask the citizens of Miami whether they think that newspa-
pers should be taxed for the advertisement revenues that
they collect every year and the minute we will have a major-
ity consensus like I am sure we will have, then have our
lobbyist in Tallahassee do something for once and start
pulling our muscles with those Legislators and Senators up
there so they can pass a law in this state that newspapers
across this state will finally have to carry their weight
and pay their share and pay taxes on the revenues that they
collect on advertising. Mr. Mayor, if I may now, I would
like to present a motion to that effect.
Mr. Ernie Fannatto: Mr. Mayor, I would like to speak before
it is presented.
Mayor Ferre: Ernie, I will recognize you in a moment.
Mr. Carollo: Do you favor it, Ernie?
Mr. Fannatto: Well, I will tell you the ...(INAUDIBLE)...
Mayor Ferre: All right, Ernie, go ahead, tell us.
Mr. Fannatto: Ernie Fannatto is my name and I am President
of Taxpayer's League of Miami and Dade County. Gentlemen,
you are treading on dangerous waters. Years ago, when you
imposed a tax, business was good. Today, it is not that
good at all, and I may must tell you something. Business is
facing the challenge and a serious challenge, not only in
Florida, but throughout the Country. If I were appraising
:;' gl 170 March 21, 1985
A 4
the businesses, here is the way I would appraise them. 30%
to 35% are making money. 30% to 35% are just even, and the
other 35% are going broke! Now, what you are doing is put-
ting the tax on the consumers, all the people in Dade County
and all the businessmen in Dade County, and that is what
worries me. One business alone could mean $3,000,000, to
$4,000,000 or $5,000,000 here in Dade County, and I want to
tell you something else, when you are putting tax on it now,
the way business is, you are just inviting trouble. I am
President of the Taxpayer's League of Miami and Dade County.
I always want to see new tax revenues come in, but if you
want to put new taxes on, you are walking backwards! I will
tell you that business today can't stand it. Consumers
can't stand it. You have a garbage tax on here on the peo-
ple; now you want to come up with a telephone tax and I nev-
er heard yet of two taxes in one year, and I don't think it
is good business and I think the people will give you your
regards at election time. I am going to be very frank with
you and •I think you are making a mistake. If you drive
businesses - what do you think the businesses are going to
do about this? Do you think you are going to like it? What
do you think all their employees? They are going to be
scary, because it means extra taxes and you know what hap-
pens? When you add extra taxes on businesses and they don't
do business, that means reduction of jobs and when you have
reduction of jobs, you know what you have? More crime! So
don't think for one minute just because it is easy to say we
are going to collect this, but how about the effect on the
community? Gentlemen, you are doing the wrong thing at the
wrong time. It might have been all right years ago and also
let's talk about Southern Bell. I am not in favor of South-
ern Bell. I stand for what is right. They have split up in
A&T and "T" is taking most of the long distance calls, or
all of them. Now, their revenue has declined and when you
put a tax on, the calls won't be as many as you had before
and you are not going to take in those $3,000,000 because
people are having tough going today. How many people who,
as you said, Commissioner Carollo, they like to make calls,
they want to talk to their families, but if they have to pay
all this heavy tax and they are pinching their pennies, they
are not going to make that many calls. They are not going
to have no $3,000,000. You are going to have a community
that today is disorganized, and mad. Again I am going to
tell you gentlemen sitting up there they will give you their
regards at election time. You don't put two taxes on people
in one year. A garbage tax was enough! But, to do this to
the consumers, the elderly and the business people, you may
think you know what you are doing, but the effect is not
good, and let's talk about ...
Mayor Ferre: Ernie, I want to thank you. You turned on the
light for me.
Mr. Fannatto: ... future business coming in. You think they
are going to come in here when they hear about a tax like
this here?
Mayor Ferre: Hey, you made a sale! What ...
Mr. Fannatto: No, they are not. They are going to some-
where else where there is no taxes.
Mayor Ferre: Ernie, you just made a convert out of me!
Mr. Fannatto: Well, I am making it because, you know, it is
easy to say, but if you vote for it, it isn't going to make
it $3,000,000 anyway.
Mayor Ferre: The phone just rang!
gl 171 March 21, 1985
:4
4
Mr. Fannatto: And you are going to drive businesses down.
You know what? There is only one way to do it - tax incen-
tives to get no business in here so as to create new jobs,
create more residences, just like you did down here in the
waterfront. You brought in millions of dollars.
Mayor Ferre: Ernie, you are losing me now.
Mr. Fannatto: But Mayor, you are kidding yourselves, and
don't be foolish and put this tax on, like I say, and I know
I am repetitious. Don't give the people the garbage tax and
this here tax, both in one year, because they won't forget
it and I think again I am going to say, they will give you
regards at election time.
Mayor Ferre: All right Ernie, thank you. Yes, Mr. Rolle.
Mr. Wellington Rolle: Mayor, my name is Wellington Rolle
and I live in the City of Miami. I know Stu Simon for a
long and I have the highest regard for Mr. Simon. One of
the things that I am disturbed about - I go back to I think
it is 1980. This is about the second or third time that
you, the City of Miami, was trying to increase tariffs col-
lected by the phone company. The tariff was only 1%. I
think you increased it by 2% and you were collecting 3%.
Then of course, as I recall, I think the Federal Government
began to reduce this thing, the tariff, a portion at a time
and the City of Miami was going up with its particular col-
lection, so the citizens would never feel the difference.
Now the concern I have, as Mr. Simon has pointed out, that
the amount of money that the City has lost is roughly about
$3,000,000, $2,500,000. Now, I can appreciate Mr. Simon's
intent in presenting facts and information to the City, but
at the same time I am going to agree with what Mr. Plummer
was concerned about a moment ago, is the difference in a-
mounts, some portions of the dollar, you know, that is the
difference in the phone bill, give or take fifty cents, a
quarter, seventy-five cents. When we talk about the City
having lost $2,500,000, that this City needs, I don't know
that the Finance Department can justify on an on -going con-
tinuing basis that the City needs the kinds of money that
Mr. Simon has alluded to that we have lost. I certainly
don't want to say that Mr. Simon is misrepresenting the
facts, but I am saying that I have some difficulty in be=
lieving that the City has lost $2,500,000 of revenue that it
has needed in the General Fund and I don't know if Mr. Simon
would care to make a comment to a question I am asking a-
cross the room, but I would certainly appreciate a comment
if you chose to make one.
Mr. Bill Hellman: The figures that we got we of course got
through the Manager's office and they may better equipped to
give you the answer, but there are columns of figures show-
ing revenues from the given sources for each of the past
five or six years and the numbers went down since January 1
of 1984 which is when this major change went into effect.
Mr. Rolle: Okay, but the point I was trying to make in my
presentation was that in some point in time, I believe
starting back in 1980 as Federal tariffs went down, the City
was raising the tariff and I am just simply saying that they
came in and say "Now we have lost $29500,000" and I am sim-
ply saying based on what standing does the City - the City
has no requirement to increase that particular one - the 2%,
the 3% that it continually added to the 1% that the tele-
phone company, by law has to collect, because there was no
obligation on the part of the City from any constituted au-
thority to collect that, but the City arbitrarily saw a way
to enrich its coffers and it did.
gl 172 March 21, 1985
Y
Mr. Hellman: I believe when you are talking about the 1%
and the 3% you are referring to the franchise.
Mr. Rolle: Right.
Mr. Hellman: All right, that is one category and that is
correct. Approximately five years ago it did make the
change from 1% to 3%. The item we are dealing with here now
is the public service tax which has always been at 10% and
the only change that was proposed by this ordinance was
broadening the base of activities to which the tax will be
applied. You lost one base of activity, that being the e-
quipment rental and we were suggesting a substitution of two
other major activities to apply the same tax. The net re-
sult of the City is almost the same. I mean, it is being
characterized as, you know, additional tax, but I think a
more correct view is just a replacement tax.
Mr. Rolle: Well, I mean, you can call it a replacement tax
if you want to, but I think that it has an adverse impact
upon the at -large telephone user in the City of Miami and if
you will promoting this along the State, then of course then
we have an awful coming down the pike. I think that we have
got to pay attention to what you are talking about in the
City of Miami so you don't send the wrong signal to
Tallahassee.
Mr. Hellman: Well, does that answer it.?
Mr. Plummer: Is that finished.
Mr. Hellman: I thought it was finished, yes.
Mr. Plummer: Well, I still go back to my question about yel-
low pages. Yellow pages are not the individual homeowner.
It is the business people and the business community. Is
that possible that we could impose a tax on that?
Mr. Hellman: I would say that what we have been asked to
investigate here was telephone service and yellow pages was
not at any stretch of the imagination included within con-
text of telephone service. I think it is an interesting
i idea, but it is not one that I am prepared to answer at this
l time.
Mr. Rolle: Commissioner Plummer, just one last comment. I
would hope that the City of Miami, that we would not get
into a position that I think I see the Florida Power and
Light Company is in, it is where the citizens as users are
paying all of their costs and all of their expenses for the
generation of all the fuel and whatever it is and they are
not bearing, you know, the cost of their operation. It
looks like that is where we may be going, but this particu-
lar cost, as I understand Mr. Merrill here, will be retained
by the City under the guise of the 10% utility fee that the
i City of Miami has collected rather than adjust the kinds of
uses of that particular money that you don't have anymore in
the City of Miami and that is the concern I have. Can't we
adjust - can't the City of Miami adjust the expenditures of
revenue from that particular source, because the records
seems to show at different times during the fiscal year the
City puts issues of statement that it did not have to de-
plete its General Fund. They were $3,000,000 ahead and from
time to time to read these statements, but here again, we
3 are having Counsel come up under request of the City and
saying that the City has lost its revenue and has to be re-
placed and I think there is some conflict in the kind of in-
formation that we read from the public newspapers from time
to time. It is true, I do not know if I am confusing you
with my comments here, but I do have some concerns about the
gl 173 March 21, 1985
r
report that you have done at the request of the City and I
understand the position that you are in.
Mr. Hellman: Mr. Rolle, it may be very helpful to you if
you .. .
Mr. Simon: I was just going to say that the revenue figures
of the City of Miami establish factually the correctness of
what I have said. The City simply is not receiving
$3,000,000 at this time that it was receiving in 1983.
Mr. Rolle: Period.
Mr. Simon: Period, and to me that is a loss of $3,000,000
in terms of City revenue.
Mr. Rolle: Thank you.
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Dawkins: I happened to come across a newsletter was
that was put out by Southern Bell. Now, I had agreed with -
I sat down with Mr. Barker and we had agreed on a method of
solving this problem, until I saw the letter, and when I saw
the newsletter, I asked Staff to respond and I wanted to
give Southern Bell the effort to look at this and also be
able to give me their views before making it public, but
since it is going on with a hearing, I have no choice but to
go through what I am getting ready to do. All right now, in
the newsletter, they discussed coin telephones. Now, ac-
cording to our Staff it says Southern Bell is incorrect in
their reference to coin telephone. The proposed City ordi-
nance makes no changes in the way coin telephones are pres-
ently treated in the City code. The next thing I asked them
was expanded tax. According to our Administration, Southern
Bell is inaccurate in saying that the 10% tax is being ex-
panded when they know that the tax rate will stay the same.
That rate would simply be applied to access charges and toll
calls made within the state. Then it goes on to say taxes
and fees paid to Miami - again, and I would like to sit down
with you Jim, and go through this sometime. Southern Bell
is wrong in overstating the amount of money paid to Miami.
Southern Bell's payments to the City of Miami last year were
nearly 2.2 million dollars, not the 10.4 that was overstated
in the newsletter. The 10.4 million is what the City of
Miami anticipated, but this was reduced due to the deregula-
tion of the telephone industry. If this is true, then that
means that the newsletter is misleading the public and get-
ting the public to think I am doing something that I am not
doing.
Mayor Ferre: Is that the first time they have done that?
Mr. Dawkins: Okay, next thing is effect on the poor. South-
ern Bell claims the tax on inter -state toll calls will hurt
the poor. There is no study to show that poor people make a
lot of long distance telephone calls. Okay? The second
thing that gets me is, I would like for the Administration
and Southern Bell to go back five years and list the request
made by Southern Bell to the P.S.C. for increases in rates
to guarantee the money on their investments because if the
. . .
Mayor Ferre: Maybe we should intervene.
Mr. Dawkins: And the last thing is, Southern Bell implies
that it is operating at a deficit when it states that the
Federal, State and Local taxes on residential phones
gl 174
March 21, 1985
X
14"
greatly exceed the telephone service charges. If this is
true, then Southern Bell is losing money.
Mr. Jim Barker: Miller, I would be glad to sit down with
you with our staff to justify those things, because ... for
the record, I am Jim Barker, District Manager for External
Affairs and I feel confident of our figures and I am sure
you got your figures from Clark and we can sit down and I
will be glad to justify those for you. My only question or
point, and we have had some work sessions and I have talked
to each one of you, if Mr. Simon is saying "Well, let's just
put it on first reading" and you know something is going to
happen in the state, why put another ordinance or another
law into effect when you know the State has two bills that
they are working on right now and is going to happen in this
session this time and is going to be State wide. Another
thing that I think you have to look at in this consideration
is - true are you are going to reclaim this money at this
time with this 10% tax on intra-state calls and access
charges, but what is going to happen is you are going to
create something that is going to happen. It is part of the
system right now and divestiture and we are trying to
operate in that and that is a turn called bypass, because I
am told just like the lady from Burdines is here and this
10% tax is going to cost them $100 , 000 a year, that is the
first estimate. Southeast Bank, I am told, I have not
verified these figures through our accounting offices -
they say $500,000 a year in additional revenue to pay this
tax. Well, what I am saying to you is what they are going
to do is build their own communication system within the
state and that is what is called bypass, so your revenue is
going to decrease. What I have been talking to Clark and
Stuart and the folks about is "Hey, okay, I realize that you
have got to reclaim your money, but let's don't go down the
road so fast when Bob Graham has already got a committee go-
ing that they are studying". There are two bills now -
Margolis -Miller Bill and the Cressi Bill and they are going
to be beat to death in the session, and J. L., I am sure
Larry told you that because he told me that in a speech last
week that they are going to address this and something is
j going to come out. Why go so fast and pass an ordinance or
put another law on the books when if you wait two months
then you can see what is going to happen and it will be uni-
form, but more important than that, if you make this effec-
tive September 1st, it is going to take us six to seven
months to get our computer squared away. It is going to
i cost additional money to reprogram it as Stuart has said.
Would you please just be patient for a couple of months and
let's see what is happening and don't put it on the books
now.
Mr. Dawkins: One more question to Mr. Simon. How would
this compare if this tax is run up.? I keep hearing South-
ern Bell say it - if we add these taxes we are going to
drive businesses out of the City of Miami. With the 10%
rate, how far out of line would this throw the Miami taxes
as it relates to Hialeah, Miami Beach, and Dade County.
Mr. Simon: I can't answer that exactly, because I don't
know what those other cities would do, but I will tell you
that I have attended a number of meetings of the attorneys
who comprise the Association of City Attorneys and I have
been to meetings of the League of Cities and there is con-
stant talk about what are we going to do as a collective
group to restore our lost revenues. I will tell you that I
think that most of the other cities would probably follow
the lead of the City of Miami, if the City of Miami enacted
something and if after it was tested in court, and truly and
genuinely believe that it will be tested in court and its
legality determined, but if you were to enact an ordinance
gl 175 March 21, 1985
k
like this and if it were to be tested in court and to be
found legal, I think the other cities would follow your lead
and enact the same ordinance.
Mayor Ferre: Jim, let me just say something to you. I have
been here for 33 years and I have met an awful lot of South-
ern Bell executives and officers. Without any exception,
they are wonderful human beings. They are intelligent and
they are considerate. They are thorough; they are precise.
They are timely; they do in things of moderation. I think
the Bell System and AT&T has very, very carefully chosen
their top executives for quality as well they should. That
is why it is so successful. If you look at the top ten
corporations of America, AT&T has always been there, or has
been there for a long time. It is up there with Standard
Oil, Exxon. It is up there with General Motors and with the
big oil companies - Mobil. It is a giant. AT&T is larger
than the majority of countries of South America. It is
larger than the majority of countries in Africa. It is
larger than the majority of the third world countries.
There are very few that are as large and have as much money
as AT&T and the utilities. Utility worlds, and I do not say
this disparagingly whether it is the Bell System or Potomac
Electric Company or Florida Power and Light or any of the
New England entities or out West, there is a pattern, okay?
I happen, and I am not Huey Long, Jr., and I am not George
Wallace and all the great Populists, there is a tradition of
great Populist politicians of America who always take out
after utilities and jump up and down on them even though we
have been there back in the old Bob High days when I first
went on the Commission, we went on there, but you know, the
fact nevertheless remains that the power of utilities is a-
mazing. Now, for example, this morning I lifted an envelope
full of letters from the Catholic Archbishop's statement a-
bout Sister Mary Ignatius, all right? Now, the Archbiship
is a powerful man because that letter, that thing is read in
every church in the Archdiocese. It was mailed out to
priests in the Army. Now, I wasn't complaining, because the
Archbishop has that right - the Catholic Church has that
right to pressure us. Now, Southern Bell's approach is not
very different from the Archbishop. The Archbishop was im-
posing his will, and he has that right to do that as a citi-
zen and as an entity to try to pressure us into canceling
Sister Mary Ignatius which offends me. I think it is a
terrible thing. I read the play personally. I read it
cover to cover. I didn't see it, but I read it and it is a
terrible thing. I understand why the Archbishop is upset.
I understand why you are upset, I mean, why Southern Bell
is upset. I understand the power of what this does. I
mean, this is a powerful thing. People get that bill, they
read this thing and there it is in red - "10% tax! Why you
should oppose a 10% telephone tax proposed by the City
Commission". But, you don't say is who is going to be
paying this now. I know, Joe is worried about his family
and I understand that. There are a lot of people like Joe
who are not major corporations, major entities, but the
fact is, you and I know that 80% of this tax is going to
paid by the likes of Burdines, and Southeast Bank and
Barnett Bank and you told me - somebody told me that it
might cost Southeast Bank $500,000 a year and that is a lot
of money - you know, I don't blame Charlie Slick and Hood
Bassett and the others at Southeast Bank. They are big
corporations. I don't blame the Miami Herald. I don't
blame the big corporate entities of Miami that are really
going to be paying for this to be concerned. I do want to
tell you this. Here are the letters that came into my
office. I have got to tell you that you came in second to
the Archbishop. Archbishop has got a little more power, he
has got a little bit more muscle. I am frankly surprised
that with this and with the newsletter that Miller
gl 176 March 21, 1985
A A
circulated, that that is all that I should have had a box
full of stuff! Now the other thing about it is very
interesting. Half of these people don't live in the City of
Miami, people who write, so obviously it went beyond the
City limits of Miami.
Mr. Barker: No, it should have just been the City limits.
Mayor Ferre: Well, I've got a lot of letters here from Cor-
al Gables and Miami Shore and all of that, but interestingly
enough, a lot of those are Southern Bell employees, and I
admire their honesty to say I am a Southern Bell employee
and you know, and I write this letter. There is an awful
lot of letters that are obviously cranked out you know, by
some kind of ... because even though they are handwritten,
they all say the same thing. Whenever I see that, obvious-
ly, somebody has got something to write and people you know,
kind of write that out. There are a lot of people, business
people like Church and Tower and Jorge Mas-Canosa - not too
many of those, but there are also a lot of just plain citi-
zens that are obviously got this notice and they are upset.
Carollo is right and I think Ernie is right. This is not a
good time to pass any taxes and I do not ... some people
think I have a penchant for - that I have a proclivity for
biting bullets and that that is not such a good thing to do,
but I don't - you know, I look at it this way - what is, is
and what happens, happens, so I think you have got to do
things the way you believe and I do believe that the City of
Miami cannot this year increase taxes. You cannot do that
and I do believe that we cannot increase our garbage fees
any more and I do believe, and I think Carollo is right,
there are savings, that if we really want to trim, we can
trim here, but I also feel that this is a legitimate source
of income that the cities, including Miami were getting,
that we are no longer getting. That is not your fault - I
am not blaming you for it, but you cannot blame us for try-
ing to recuperate that money.
Mr. Barker: No, I never had any disagreements with Clark.
Mayor Ferre: And you know, I am sorry, I know a lot of peo-
ple will be upset with me and I have got all kinds of criti-
cisms and maybe Tal will go out and try to get me recalled
again or get me twenty opponents in November. That is fine,
but we have got to do it, so I am going to vote with it.
Mr. Barker: Well, that is fine, Mr. Mayor. I understand
your position and all I am trying to do is to point out what
I know is happening in Tallahassee and what is going to hap-
pen and just wait a couple of months because we are going to
try to work ... we have a man, a Vice -President of Finance
from Atlanta on Governor Bob Graham's committee trying to
work out something that is livable for everyone. All I am
trying to is ...
Mayor Ferre: Jim, this is not going to happen, you and I
know that. You know that this will never see ...
Mr. Barker: Well, could you change the effective date to
later because if it does go in then we are going to be ...
Mayor Ferre: I will go along with that. I will tell you, I
mean, this is one vote. You may not ...
Mr. Barker: Yes, sir, I understand.
Mayor Ferre: And Carollo may have three votes and this
thing is dead tonight, but if there is a vote for it, I will
put any date that you want on it. I understand, because, I
will tell you. I think you and I know we are just playing
ld
177
March 21, 1985
A III
games here because the truth of the matter is as Stuart has
pointed out, this obviously is a state-wide problem. All I
am doing, and I don't mind taking the heat and I am going to
take a lot of heat on this, believe me.
Mr. Barker: Well, Dade County lost $6,000,000 last year on
that.
Mayor Ferre: There are going to be a lot of angry people at
me that are going to go out and vote against me in November
because of my vote, I know that, but I am going to tell you
something.
Mr. Carollo: It might be the case now, Mr. Mayor.
Mayor Ferre: It may be the case now, it may be the case,
but that has never scared me in the past and that is not go-
ing to scare me today, but let me tell you - Jim, see, the
point is this - that this is a matter of principle, okay?
... and it is one that we need to stand up on. Now, you and
I know from a practical point of view that the Legislature
is going to have to take care of this problem because it is
a statewide problem and this thing is not going to see the
light of day! So you know, if I were conservative. If I
were the kind of politician that were going around doing
things, worrying about what the effect is going to be in the
election, the smart thing to do, is to be opposed to this
because it is a pyrrhic victory. If it passes, it doesn't
mean anything, because you know it is not going to pass in
the long run, and all we are doing is we are making a state-
ment so that we can insist that the legislative process, in
firming up their position in solving the problem on a State-
wide basis. I don't have any problem postponing the effec-
tive date of it until next year.
Mr. Barker: And I appreciate your viewpoints and I respect
them. All I was trying to do, as we said, was to state my
position in that regard and to say, like I told Clark in
many meetings that we have had, and I have talked with Stu -
isn't there some other place you can look for another source
of revenue, because what we were talking about was "Well,
hey, here it come again" and we were trying to protect the
consumer that has it.
Mayor Ferre: Southern Bell is a very big, important company
and I don't blame you for doing what you were doing.
Mr. Barker: Mr. Mayor, really what we are trying to do is
adjust the people and get them educated in this new
divestiture mode because the consumer still does not under-
stand what has happened. They really don't, and J. L., I am
really concerned about your telephone bill and I would like
to do an audit on it and see why it is rising, because that
really bothers me.
Mr. Plummer: So would I!
Mayor Ferre: Well listen, I may be just one vote here, so
you don't have much to worry about.
Mr. Carollo: Don't get J. L. going. Some of the other peo-
ple might follow up and ask for audits.
Mayor Ferre: Are we ready to go? Make your motion.
Mr. Carollo: Mr. Mayor, my motion is that we do not approve
. . .
(INAUDIBLE BACKGROUND COMMENTS)
1d
178
March 21, 1985
E
Mayor Ferre: Make it quick, please.
Mr. George Beffler: I am George Beffler with the law firm of
Reisman And Brins appearing on behalf of Teltec Seven Commu-
nication. In listening to you Mr. Mayor, you singled out
Southern Bell and felt that only the big, the large utility
companies would be adversely affected by levying this tax.
However, the smaller companies such as Teltec and others are
going to have to incur tremendous expenses in gearing up
there computer systems in switching so that they may impose
and charge, pass through this tax to the consumers in Miami.
Mayor Ferre: Nobody likes taxes, I understand that. '
Mr. Beffler: It is not a matter of not liking taxes. It is
a matter of an expense that may not be necessary in the long
run because if the Legislature adopts a State-wide program,
then they are going to have to throw away this program and
re -gear the whole thing, plus, if the City of Miami adopts
this ordinance, I think it would logically follow that the
other municipalities would adopt similar ordinances and we
are going to have an avalanche of new taxes
Mayor Ferre: That is exactly the point. See, this is first
reading. If thing were to pass today, which I doubt, but if
it does pass - you know, it may pass today, and not on sec-
ond reading!
Mr. Beffler: I would like to make now my second and last
point. The telephone companies are presently paying State
gross receipts tax, excise taxes, sales and use tax, plus
State taxes and utility taxes. Now, they are going to have
to levy an additional 10% tax. Following along the same
vein as Mr. Carollo, he should suggested that we look for
alternative places where we can tax cable television? I
mean, that is optional and it is luxury. Telephone is a ne-
cessity. Why not go after the newspapers, Mayor Ferre?
Mr. Carollo: Are you going to vote with me on that? Okay, I
have got a second for it.
Mr. Beffler: Good, I think we ought to think it over and do
what is best for the residents of Miami.
Mr. Plummer: What you are saying is anything but Teltec,
right?
S
Mr. Beffler: No, I am not saying that. I am saying that
you should be aware that not only the large utility compa-
nies would have to bear an expense. There are smaller com-
panies that would have to bear an expense which is perhaps
even more costly in terms of percentage of sales.
Mr. Plummer: How much was the last check that you wrote to
the City of Miami for the privilege of doing business?
i
Mr. Beffler: I can't recall if I ever wrote one.
Mr. Plummer: You are right. You have been getting a free
ride.
e
Mr. Beffler: Thank you.
i
Mr. Carollo: Don't feel bad. Anybody with big money from
the dead, you know ....
Mayor Ferre: Make your motion.
Mr. Carollo:
But I don't have to guard my money!
ld
179
March 21, 1985
.i,
Mayor Ferre: Make your motion, Joe. Let's go.
Mr. Carollo: Mr. Mayor, this is a motion against the rais-
ing of any taxes for intra-State long distance telephone
calls.
Mayor Ferre: Is there a second to the motion?
Mr. Plummer: I will second the motion if another motion im-
mediately following you will accept.
Mayor Ferre: What is your motion?
Mr. Plummer: My motion is going to be that we find other
sources from within the phone company to replace it with the
lost revenue.,
Mr. Carollo: Within or outside?
Mr. Plummer: Fine.
Mr. Dawkins: I am going to vote with the motion.
Mr. Plummer: Maurice, what I am saying is, I think yellow
pages is a perfectly legitimate ...
Mr. Carollo: Well, spell it out, J. L.
Mr. Plummer: Well, that will be the second motion.
Mr. Carollo: Okay, fine.
Mayor Ferre: Well, we have a second to the motion. Now, are
ready to vote on it?
Mr. Dawkins: Under discussion.
Mayor Ferre: Go ahead, Commissioner.
Mr. Dawkins: I am going to vote with the motion and the
very first time I see where Southern Bell goes to the P.S.C.
and asks for an increase so that they can maintain their
rate of profit on their investment, then I am going to come
back and add this 10% tax.
Mayor Ferre: Okay, let's vote now. All right, call the
roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-308
A MOTION DENYING REQUEST BY THE ADMINI-
STRATION TO AMEND SECT. 55-1 1 , 55-12 OF
THE CITY CODE PERTAINING TO RAISING TAX-
ES FOR TELEPHONE SERVICES (Agenda 45).
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
NOES: Mayor Maurice A. Ferre
ABSENT: None.
ld 180 March 21, 1985
A A
ON ROLL CALL:
Mr. Perez: Yes. This time that I vote yes, I would like to
discuss this issue after we have decision from the State
Legislature. Yesterday I met with the people from Southern
Bell and I know they are working on two bills and I would
like to discuss again this issue after we have a decision
from the State Legislature. I vote yes.
Mayor Ferre: I vote no. Notice, Jim, that I said in my
statement that there was no question which way this thing
was going, but I think the City of Miami needs to make a
statement about this whole area and it has been said in dif-
ferent ways here. Now I will recognize Commissioner Plummer
for his motion. Mr. Plummer said he seconded it based on
this.
Mr. Plummer: I'd like to make a motion at this time the
same law firm be empowered to look into other sources of
revenue from the Southern Bell, from the phone company, that
i
in fact do not tax the individual homeowner.
Mr. Carollo: J. L., I will be more than happy to second
that motion, however I think we have ample Counsel in house
so we do not have to go outside for this and we do not have
an attorney competent enough to be able to research that,
then we should get rid our whole legal staff.
Mr. Barker: Did you say newspapers too?
Mr. Plummer: If they do it in house is fine with me.
Mayor Ferre: All right it has been moved and seconded as
amended. Further discussion?
Mr. Carollo: No offense to your law firm. I think you all
are some of the best attorneys in town, but I think we have
to set an example in saving some funds for the City.
f Mayor Ferre: All right.
Mr. Simon: And let me comment, Commissioner Carollo and
tell you that you have in house a magnificent legal staff.
Mr. Carollo: I am sure we do, at least some of them.
a
j Mr. Plummer: Let me clarify on the record that is all means
+ of communications companies.
Mr. Barker: What happened to the newspapers, J. L.
Mr. Carollo: Well, I am going with this now.
I
Mr. Plummer: Joe is going to get to that. We are going to
get the newspapers ... We are going to pick on newspapers,
television and radio next!
Mayor Ferre:
tion.
ld
All right, now, call the roll on Plummer's mo-
181
March 21, 1985
A A -
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-309
A MOTION AUTHORIZING AND DIRECTING THE
' CITY MANAGER AND THE CITY ATTORNEY TO
INVESTIGATE OTHER REVENUE SOURCES FROM
COMMUNICATION COMPANIES BY IMPOSING OTH-
ER TAXES THAT DO NOT DIRECTLY AFFECT THE
CONSUMER AND THAT THIS INVESTIGATION BE
DONE ON AN IN-HOUSE BASIS BY MEMBERS OF
i THE ADMINISTRATION AND MEMBERS OF THE
LAW DEPARTMENT.
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. Carollo: My motion, Mr. Mayor, is the following: that
on the November of 1985 ballot, we place a straw ballot
question asking the citizens of Miami if they feel that
newspapers, advertising revenue, should be taxed.
Mayor Ferre: Okay, is there a second?
Mr. Dawkins: I will second it to give the citizens a chance
to say what they want.
Mayor Ferre: Right.
Mr. Carollo: And further, if the majority of Miamians vote
yes, as I am sure they will, then we immediately spend what-
ever we need to in lobbying the State Legislators, State
Senators, to pass this at the next session in Tallahassee.
Mayor Ferre: Okay.
Mr. Carollo: I think the time is ripe now where you could
possibly get a majority of Legislators to vote on something
like this.
j Mayor Ferre: All right, are we ready to vote? Call the
t
i
i
1
ld 182 March 21, 1985
A
o
roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-310
A MOTION DIRECTING THE APPROPRIATE OFFI-
CIAL OF THE CITY OF MIAMI TO PREPARE THE
NECESSARY LEGISLATION TO FACILITATE THE
PLACEMENT OF A STRAW BALLOT QUESTION ON
THE NOVEMBER 1985 BALLOT TO REQUEST THE
OPINION OF THE CITIZENRY AS TO WHETHER
REVENUES RECEIVED BY ADVERTISEMENTS OF
NEWSPAPERS BE SUBJECT TO TAXATION; FUR-
THER DIRECTING THE CITY MANAGER, SHOULD
THIS VOTE BE AFFIRMATIVE, THAT WE IMME-
DIATELY BEGIN LOBBYING EFFORTS WITH THE
STATE LEGISLATURE AND STATE SENATORS TO
HAVE THIS BILL PRESENTED AT THE NEXT
SESSION OF THE LEGISLATURE FOR PASSAGE.
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.
71. PERSONAL APPEARANCE: REPRESENTATIVES OF NEW WASHINGTON
HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE INC. TO REQUEST
SETTING ASIDE OF PARCEL OF PROPERTY FOR HOTEL IN S.E.
OVERTOWN/PAR[ WEST AREA. (Referred to City Attorney)
Mayor Ferre: All right, Father Barry, with our apologies
for holding you up. Reverend, step right up.
Father Richard Barry: Honorable Mayor and Commissioners, I
am Father Richard Barry and the President of New Washington
Heights Community Development Conference Inc. and we are
here this evening to ask the City Commission to take under
serious consideration, setting aside Parcel No. 56 in the
Overtown/Park West Development for our hotel project. I
heard the Mayor speak very highly of one of the Assistant
City Managers and the magnificent and outstanding job that
he is doing in our City, but I dare say sir, there are very
few of us in Overtown who would agree with that assessment.
Mayor Ferre: Who, Herb Bailey?
Father Barry: Yes, sir, and I want that to be publicly
stated that somehow we feel that we have been shafted when
it comes to his dealing with us. At this time I would like
to refer to our Executive Director who can get more details
on her request that we are making of the City Commission.
Jackie?
Mr. Dawkins: What item is this?
ld 183 March 21, 1985
i 1J.=
A 4
er.y
Ms. Jackie Bell: Item 104. What we came tonight for, as
you well know, that we have been working with this hotel
project for a very long time and we were under the impres-
sion when you set aside the $75,000 that we both had the
$75,000 and the land, that was Mr. Gary, who was your Manag-
er then, recommended. The reason he recommended, he had met
with us and has given us directions to follow and we have
followed those. You all asked him did he feel that we were
competent to do the project and he said yes, and you agreed,
but are not sitting where we can't go any further on our
project because the land is not in our possession so what we
are here for this evening, is to ask you would you firmly
set it aside so we can finish our development project.
Mayor Ferre: I hate to do this to you, but you have got to
say something.
Mr. Bailey: Well, I will get right to the point, Commis-
sioner, and I am long winded. The unified development proc-
ess specifies exactly how we are to dispose of City land.
This land is now in the ownership of the County and under an
agreement will be transferred to the City of Miami when this
Commission selects a developer. I have no authority, and I
am glad I don't, to transfer any land to any individual for
any purpose other than what this Commission directs me to do
SO. On April 11th we will be before this Commission with
all of the recommendations by the Selection Committee and at
that time if anyone decides to speak before this Commission
with a different point of view and they disagree with the
Selection Committee, then your decision will hold at that
time, but we have absolutely no authority to make a bona
fide transfer of land to anyone.
Mr. Dawkins: I am confused at some place. I will ask you
and I will ask Mrs. Bell. At the time that this started -
the development of Overtown and then it became Overtown/Park
West. Wasn't there a gentlemen's agreement or some kind of
an agreement that that parcel of land would be pulled out
and earmarked for a hotel and that anybody who wanted to bid
on the hotel would have to bid and New Washington Heights
would bid on that parcel for a hotel and that that parcel of
land would not be put in with the rest of it.
Mr. Bailey: We did exactly that, Commissioner. In fact,
when the Selection Committee went through the process they
evaluated it as a useful site for a hotel in light of the
New Washington Heights proposal. I know that the observa-
tion that the Selection Committee made was not that the site
was not for hotel, but was on the viability of the proposal
that was presented to build a hotel. The evaluation by Tou-
che-Ross, our public accountant that was hired to determine
what we call the sanity factor, and whether or not that was
enough financial capacity and capability to do what was pro-
posed; whether or not that was a commitment on the part of
the financing to build a hotel and a variety of other meas-
ures that we went through - I think nine or ten in all and
Mr. Dawkins: I will ask my question again. Evidently I
didn't get through or you didn't hear me. Was there any
agreement verbal, assumed or anything that this one parcel
of land would be pulled out from the rest of the land for a
hotel?
Mr. Bailey: There was no agreement Commissioner.
Mr. Dawkins: Is that true (COMMENT INAUDIBLE).
ld
184
March 21, 1985
A 0�
Mr. Bailey: Not in writing nor did I make any agreement nor
was I informed by the Manager there was such an agreement.
The only thing that I was directed to do was to bid it out
as a separate parcel and we bid all nine blocks out as
separate parcels.
Mr. Dawkins: Yes, but you see you also bid out and I raised
hell when you did it, that if a person came in to develop
more than one parcel he got brownie points, which if he got
brownie points it put this group at a disadvantage and I
told you that then and I told Mr. Gary and I'm telling you
guys now. When you did not ear mark this parcel and you
threw it in with the others you put them at a disadvantage.
Mr. Bailey: We gave... Commissioner there was credit in the
RFP specifically set aside for community based organizations
and they got bonus points just because they were community
based organizations that was compensated, but we never have
any agreement ---and we checked with the County Commission...
Mr. Dawkins: Wait a minute. Ok. Father Barry, is there
funds to build a hotel?
Father Barry: We have a commitment, yes.
Mr. Dawkins: I make a motion that that parcel be pulled out
from the rest of the parcels and that a time limit be given
to these individuals to develop the hotel and so... and
that's my motion.
Mayor Ferre: Miller, are we going to kill any big project
there where somebody has made a commitment?
Mr. Bailey: We have gone through the selection process as
specified by the City Charter. The Selection Committee has
made a recommendation in regards to that. Developers have
expended considerable amount of money in making their
proposals and what you can do at this point Commissioners is
when we make the recommendation based on the Selection
Committee and at that point and time you can make your
observations.
Mayor Ferre: You better listen Lucia, because this is a
legal item.
Mr. Bailey: We cannot make a change at this point. That's
the same unified development process that you just went
through on the station and we went according to the letter
of the law.
Mayor Ferre: Mr. Bailey. Ms. Dougherty, would you give us
a legal ruling on that.
Ms. Dougherty: Mr. Mayor, the RFP is gone out. The Review
Committee has already reviewed them. It's coming to the
Manager next week and then it will come to you and at that
time that's the appropriate time for you to reject them all.
Ms. Jackie Bell: Mr. Mayor, may I say something?
Mayor Ferre: Yes, sure.
Ms. Bell: Thank you. You know, standing here listening to
this just really really bothers me as a citizen and the
reason it bothers me as a citizen, what you the Commission
gives to your staff is never followed. Ok. If you go back -
and pull the tape of the meeting of October 1983, you will
hear from you your recommendations. You will hear from
Commissioner Dawkins his recommendations and you will hear
from Commissioner Plummer passing the motion. Ok. Because
ld
185
March 21, 1985
A ON
we knew when we came here that if we went into a big process
with the mega bucks and the master people we couldn't make
it. You said it Mr. Mayor, Commissioner Dawkins said it,
Commissioner Plummer and you get... and it was way before
any RFPs went out...
Mr. Carollo: Jackie.
Ms. Bell: Yes, Commissioner.
Mr. Carollo: What did I say?
Ms. Bell: You seconded the motion.
Mr. Carollo: Ok. I just want to make sure you include me
in there.
Ms. Bell: I apologize to you Commissioner Carollo and you
have never been against me as nobody on this Commission has.
Nobody. Ok. But
Mr. Carollo: I want to make sure you didn't forget about
me.
Ms. Bell: Oh, no sir. But the sad part is that we worked
with the Metrorail to get the monies, the six million
dollars...
Mayor Ferre: Jackie, we got to leave in twelve minutes.
Ms. Bell: Ok. I agree. Mr. Mayor, I want to go. I have
been wanting to go all the time, but the point becomes is
that we have worked for ten years in that community and I
understand you have put out an RFP, but what happens to your
resolutions and your recommendations before...
Mayor Ferre: The resolution will be acted upon at the
proper legal time. The City Attorney has ruled that it is
not legally and we can't do it now. So, we will see you at
the proper time. I will let you know and we will be here
and I will be voting with you. Ok. You got enough votes
here.
Ms. Bell: Ok.
-----------------------------------------------------
72. ACCEPT BID: CITY HALL CONFERENCE ROOM AND ALLOCATING
ADDITIONAL $359000 EACH FOR COMPLETION OF REMODELING OF
CITY COMMISSIONERS OFFICES.
-------- ----------------------------------------------------
Mayor Ferre: All right, now I would like to at this time
move Item 22.
Mr. Dawkins: 22.
Mayor Ferre: Yes, sir. This is a resolution accepting the
bid for target construction in City Hall conference room
which is a misnomer. Those are the offices of the Mayor and
I so move that Item 22 be approved.
Mr. Plummer: Mr. Mayor, would you take an amendment to
that?
Mr. Carollo: There is a motion, is there a second? Mr.
Plummer, you are out of order. We don't have a second yet.
Mr. Plummer: I will second.
ld
::
March 21, 1985
Mr. Carollo: Ok, Plummer seconds. So, go ahead Mr.
Plummer.
Mr. Plummer: Mr. Mayor, would you consider an ordinance to
the lack amount of money to be designated for each
Commissioner's office for the purposes of finishing the
offices which is going to have to be done.
Mayor Ferre: Provided, of course, that whatever has been
expended in the past be taken...
Mr. Plummer: From that amount.
Mayor Ferre: ... into account. You are now, of course,
talking about several hundred thousand dollars and I will
tell you what Plummer, you know, that's fine. I will cancel
it. I won't do it.
Mr. Plummer: No, no. Maurice, listen. I said a hundred
forty and the rest of us would get a hundred forty.
Mayor Ferre: Yes, well, I'm just not going to vote for
that. So, you vote on your own today and that's fine. As
far as I'm concerned... look, you know...
Mr. Carollo: J. L., I didn't understand what you were
saying. You were saying...
Mayor Ferre: He says that everybody on Commission has a
hundred forty thousand dollars.
Mr. Plummer: No, no, that is not what I said. I said a
like amount.
Mayor Ferre: A lack amount is a hundred forty thousand
dollars.
Mr. Plummer: For the remaining four. That's what I said.
Mayor Ferre: I stand corrected.
Mr. Carollo: J. L., I think that...
Mr. Plummer: No, thirty-five thousand each to finish them.
Mayor Ferre: I understand. I accept that as an amendment.
Mr. Carollo: I don't think that... it might require more
for some, less for others. It depends where you are at.
Mr. Plummer: He accepted the amendment, Joe.
Mr. Carollo: Yes, but what I'm saying is, you know, I don't
think you should be throwing figures like that when it might
be a lot less.
Mr. Plummer: Not to exceed.
Mr. Carollo: Well, then not to exceed, but still, you know,
you are putting a danger flag there and...
Mayor Ferre: Look, I'm sorry I misunderstood. I just think
that we were going to go out and spend seven hundred
thousand dollars for offices at this point. Now, the fact
is that this is... as you know, those offices of the Mayor
have not changed in eleven years and they are and they have
been the same and I...
ld
187
March 21, 1985
ON
Mr. Dawkins: I'm concerned and I'm not even in my office
and nobody gives a damn.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: All right, there is a motion. I'm sorry, you
are chairing it Joe.
Mr. Carollo: There is a motion and there is a second,
hearing no further discussion...
Mayor Ferre: As amended.
Mr. Carollo: ... as amended... Any other statements from
members of the Commission? Demetrio. Miller. Hearing
none, can we call the roll Mr. Clerk?
The following resolution was introduced by Commissioner
Ferre, who moved its adoption:
RESOLUTION NO. 85-311
A RESOLUTION ACCEPTING THE BID OF TARGET
CONSTRUCTION CO. IN THE PROPOSED AMOUNT
OF $14090009 BASE BID OF THE PROPOSAL,
FOR CITY HALL - CONFERENCE ROOM WITH
MONIES THEREFOR ALLOCATED FROM "SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND"
IN THE AMOUNT $140,000 TO COVER THE
CONTRACT COST; ALLOCATING FROM SAID FUND
THE AMOUNT OF $19 9600 TO COVER THE COST
OF PROJECT EXPENSE; ALLOCATING FROM SAID
FUND THE AMOUNT OF $2,800 TO COVER THE
COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, AND POSTAGE;
ALLOCATING FROM SAID FUND THE AMOUNT OF
$800 TO COVER THE INDIRECT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM; FURTHER
ALLOCATING THE ADDITIONAL SUM OF
$140,000 FROM SAID CONTINGENT FUND UPON
THE BASIS OF $35,000 FOR EACH OF THE
REMAINING COMMISSIONER'S OFFICE
MODIFICATION EXPENSES.
(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.
------------------------------- ------------------------
T3. AUTHORIZE ISSUANCE OF BONDS: $2090009000 POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS OF
THE CITY OF NIANI, FLA.
------------------------------------------!! l--l---------!!-
ld
March 21, 1985
i
{
_ I
i
Mr. Plummer: On Item 77, I have been asked to reconsider
j that as in reference to the bond issue. I have agreed that
if in fact that we would approve it here today subject to
the administration giving to us within seventy-two hours a
1 complete line item budget for our approval and that any one
Commissioner would have the right of veto over that and
predicated on that agreement Mr. Mayor, I would move Item
i 77•
Mr. Dawkins: Second it.
Mr. Carollo: Seventy what?
Mr. Plummer: 77, Joe.
Mayor Ferre: All right, there is a motion and a second,
call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-312
A RESOLUTION PROVIDING FOR THE ISSUANCE
OF NOT EXCEEDING $20,0009000 POLICE
HEADQUARTERS AND CRIME PREVENTION
FACILITIES BONDS OF THE CITY OF 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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
-- -----------------------------
74. SECOND READING ORDINANCE: SPI-16 SPECIAL PUBLIC
INTEREST DISTRICTS SOUTHEAST OVERTOWN/PARK WEST
COMMERCIAL/RESIDENTIAL DISTRICTS.
------------------------------------------------------------
Mayor Ferre: I'm now on Item 95, you have it before you as
amended. Is there a motion?
Mr. Plummer: Move it. That's as...
Mayor Ferre: As amended.
Mr. Plummer: Let's understand. As amended means only on
those parcels that we presently already own.
Mayor Ferre: In the black outlined area in the map.
Plummer moves. Who seconds?
Mr. Perez: Second.
ld 189
March 21, 1985
Mayor Ferre: Perez seconds, read the ordinance. Call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 95009 THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 15 ENTITLED "SPI:
SPECIAL PUBLIC INTEREST DISTRICTS, " BY
ADDING NEW SECTIONS 15150 ENTITLED
"SOUTHEAST OVERTOWN/PARK WEST OVERLAY
DISTRICT" AND 15160 ENTITLED "SPI 16,
16.19 AND 16.2: SOUTHEAST OVERTOWN PARK
WEST COMMERCIAL RESIDENTIAL DISTRICTS";
PROVIDING FOR INTENT, EFFECT, CLASS C
SPECIAL PERMIT REQUIREMENTS, PERMISSIBLE
PRINCIPAL USES AND STRUCTURES,
PERMISSIBLE ACCESSORY USES AND
STRUCTURES, PERMISSIBLE ACCESSORY USES
AND STRUCTURES, MINIMUM LOT
REQUIREMENTS, FLOOR AREA LIMITATIONS,
MINIMUM OPEN SPACE REQUIREMENTS, HEIGHT
LIMITATIONS, OFF-STREET PARKING AND
LOADING, AND LIMITATIONS ON SIGNS;
PROVIDING FOR REVIEW; AND CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of
February 28, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9968.
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.
ld March 21, 1985
190/191
+1
--------------------------------------------------------------
75. SECOND READING ORDINANCE; APPLY SPI 16 SOUTHEAST
OVERTOWN PARK WEST OVERLAY DISTRICT.
Mayor Ferre: Item 96. Plummer moves, Perez seconds.
Related item. Read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO.
9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY APPLYING THE SPI-
15: SOUTHEAST OVERTOWN/PARK WEST OVERLAY
DISTRICT TO THE AREA GENERALLY BOUNDED
BY NORTHWEST 10TH STREET, NORTHWEST 1ST
AVENUE, NORTHWEST 7TH STREET, NORTHWEST
3RD AVENUE, NORTHWEST 8TH STREET, AND
NORTHWEST 2ND AVENUE (MORE PARTICULARLY
DESCRIBED HEREIN), MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON
PAGES NO. 23 AND 36 OF THE ZONING ATLAS
MADE A PART OF SAID 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
December 20, 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9969.
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.
76. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT -
DESCRIBED AREA SOUTHEAST PARK WEST
COMMERCIAL/RESIDENTIAL DISTRICT.
Mayor Ferre: We are on 97. Perez moves, Plummer seconds,
read the ordinance on 97. Call the roll.
192
March 21, 1985
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION OF
THE AREAS GENERALLY BOUNDED BY NORTHWEST
10TH STREET, NORTH MIAMI AVENUE,
NORTHWEST 8TH STREET, NORTHWEST 2ND
AVENUE, NORTHWEST 3RD AVENUE AND
NORTHWEST 7TH STREET (MORE PARTICULARLY
DESCRIBED HEREIN), FROM CG-2/7 GENERAL
COMMERCIAL, RG-3/6 GENERAL RESIDENTIAL,
RG-3/7 GENERAL RESIDENTIAL, AND CR-3/7
COMMERCIAL RESIDENTIAL TO SPI-16:
SOUTHEAST OVERTOWN/PARK WEST COMMERCIAL
RESIDENTIAL DISTRICT, EXCLUDING THE
EXISTING PAR ZONING; MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGES NO. 23 AND 36 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO. 95009
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
December 20, 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Perez, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner 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 ORDINANCE WAS DESIGNATED ORDINANCE NO. 9970.
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.
77. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT -
DESCRIBED AREA S.E. OVERTOWN/PARR WEST ETC.
Mayor Ferre: 99 is the next one. Plummer moves, Perez
seconds, further discussion? Read the ordinance.
ld
193
March 21, 1985
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
THE AREA GENERALLY BOUNDED BY NORTHWEST
8TH STREET, NORTH MIAMI AVENUE,
NORTHWEST 7TH STREET, NORTHWEST 1ST
COURT, NORTHWEST 1ST AVENUE, NORTHWEST
6TH STREET, NORTHWEST 3RD AVENUE,
NORTHWEST 2ND AVENUE (MORE PARTICULARLY
DESCRIBED HEREIN), FROM CG-2/7 GENERAL
COMMERCIAL AND CR-3/7 COMMERCIAL
RESIDENTIAL TO SPI-16.2 SOUTHEAST
OVERTOWN/PARK WEST COMMERCIAL
RESIDENTIAL DISTRICT; MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGES NO. 23 AND 36 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO. 95009
BY REFERENCE AND DESCRIPTION IN ARTICLE
39 SECTION 300 THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of
December 20, 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9971.
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.
78. ADOPT IN PRINCIPLE, •DESIGN GUIDELINES AND STANDARDS —
SOUTHEAST OVERTOVN/PARK VEST" JULY 1984 AS REFERENCED IN
PROJECT AREA.
------------------------------------------------------------
Mayor Ferre: Take up a 1009 resolution. Perez moves,
Plummer seconds. Is that right? This deals with the same
Overtown/Park West situation. Is that the last one Herb?
Mr. Bailey: Yes.
Mayor Ferre: All right, call the roll on a 100.
ld
194
March 21, 1985
9
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-313
A RESOLUTION APPROVING, IN PRINCIPLE,
"THE DESIGN GUIDELINES AND STANDARDS -
SOUTHEAST OVERTOWN/PARK WEST," DATED
DULY, 19840 IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, AS THE DESIGN
GUIDELINES AND STANDARDS FOR THE
SOUTHEAST OVERTOWN/PARK WEST PROJECT
AREA.
(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.
-- ----------------------------------------------------
79. SECOND READING ORDINANCE: PROVIDE FOR RESTRICTIONS ON
KEEPING OF WILD ANIMALS & REPTILES.
------------------------------------------------------------
Mayor Ferre: 101. Now, what's 101.
Mr. Rodriguez: Wild have three days and will expire.
Second reading.
Mayor Ferre: Oh, that's the wild animal. Carollo. Joe,
that the wild animal thing.
Mr. Carollo: This is Scarface?
Mayor Ferre: Well, whatever. The one in Coconut Grove. You
moved it last time. Are you going to move it again?
Mr. Carollo: Demetrio, no offense with you. This is
somebody else.
Mayor Ferre: All right, Carollo moves, Plummer seconds,
further discussion? Read the ordinance. Read 101 please.
ld 195 March 21, 1985
Call the roll on 101.
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. '
95009 THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY AMENDING PAGES 1
THROUGH 6 OF THE OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS MADE A PART
THEREOF, "UNDER ACCESSORY USES AND
STRUCTURES" IN THE RS-11 RS-29 RG-2.21
RO-1, CR, CG, WF-I, AND WF-R DISTRICTS,
BY PROVIDING FOR RESTRICTIONS ON TYPES,
QUANTITIES, AND LOCATION OF SPECIFIED
WILD ANIMALS AND REPTILES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of
February 28, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Carollo, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner 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 ORDINANCE WAS DESIGNATED ORDINANCE NO.992
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
NOTE FOR THE RECORD: AGENDA ITEM 20 WAS DEFERRED TO APRIL
11.
NOTE FOR THE RECORD: AGENDA ITEMS 48 AND 49 WERE CONTINUED
TO MARCH 28.
------------------------------------------------------------
80. CLAIM SETTLEMENT: EARLE BLACK, DELORES BLACK AND ARTHUR
V. TIFFORD, ATTY. $309000.00
------------------------------------------------------------
Mr. Plummer: Mr. Mayor, I will move Item 2 with the
amendment that we pay it directly to the claimants and not
their attorney.
Ms. Dougherty: Fine.
Mayor Ferre: All right, it's been moved by Plummer as
amended, is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion on 2, call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
ld 196 March 21, 1985
RESOLUTION NO. 85-314
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO EARLE BLACK,
INDIVIDUALLY, AND DELORES BLACK, HIS
WIFE, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $30,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI AND JOHN K.
SCANLON FROM ANY AND 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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOTE FOR THE RECORD: THE 5-DAY RULE WAS WAIVED FOR ALL
ITEMS NOT TAKEN UP THIS DATE AND CONTINUED TO MARCH 28
-} NOTE FOR THE RECORD: AGENDA ITEM 105 WAS REFERRED TO THE
CITY MANAGER.
.` NOTE FOR THE RECORD: AGENDA ITEM 103 WAS CONTINUED TO MARCH
28
=r
------------------------------------------------------------
81. REQUEST PLANNING DEPARTMENT TO PRESENT PANTRY PRIDE AREA
REZONING MATTER AT MAY MEETING DUE TO CHANGE IN DATES OF
APRIL COMMISSION MEETING.
Mayor Ferre: All right, anything else?
Mr. Rodriguez: Yes, when you changed the meeting in April
from April 25th to April 18th there is an item which is the
Pantry Pride Zoning area that unless you instruct us to
bring it to the first possible meeting in May have to be
delayed another month again.
Mayor Ferre: So.
Mr. Rodriguez: And the people have been waiting and waiting
many times.
Mayor Ferre: So, what do you want me to do?
Mr. Rodriguez: That you direct us to have this on the first
possible meeting.
Mayor Ferre: Carollo is that acceptable to you?
Mr. Carollo: (COMMENTS INAUDIBLE).
ld
197
March 21, 1985
Mayor Ferre: Demetrio. Is he still here? All right,
Commissioner Perez moves, Carollo seconds.
Mr. Carollo: (COMMENTS INAUDIBLE).
Mayor Ferre: Absolutely. Carollo moves, Perez seconds,
further discussion that this be placed on the first agenda
in May. Call the roll. What item is this?
Mr. Rodriguez: It's not today. It's because of the change
of...
Mayor Ferre: Define it into the record.
Mr. Ongie: Yes, we have to know.
Mr. Rodriguez: It was not in today's agenda. It was on the
agenda of April 25th.
Mayor Ferre: Sir, I am not asking you that. I am asking
you in one short succinct sentence to describe what we are
voting for.
Mr. Rodriguez: You are voting to move the item on the
zoning change in the Pantry Pride area to come before you in
the first meeting in May.
Mayor Ferre: Ok. Mr. Clerk, now call the roll.
The following motion was introduced by
Commissioner Perez, who moved its adoption:
MOTION NO. 85-315
A MOTION DIRECTING THE CITY MANAGER TO
REQUEST THE PLANNING DEPARTMENT TO
PRESENT THE MATTER OF THE REZONING OF
THE PANTRY PRIDE AREA AT THE FIRST
COMMISSION MEETING IN MAY; SUCH
DIRECTION AS A RESULT OF CHANGE OF DATES
OF APRIL 25, 1985 PLANNING AND ZONING
MEETING.
Upon being seconded by Commissioner Carollo, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:06 P.M.
ATTEST:
Ralph G. Ongie
CITY CLERK
Natty Hirai
ASSISTANT CITY CLERK
ld
I T
iff p 0 m
ivqsA I
do
DOCUMENT
MEETING DATE
MARCH 21, 1985
IN-DEX
COMMISSION RETRIEVAL
ITEM NOJ DOCIMOIT IDENTIFICATION
RESCHEDULE REGULAR CITY COMMISSION MEETING
OF APRIL 25, 1985 TO TAKE PLACE ON APRIL
18, 1985, AT 9:00 A.M.
URGIN THE PROMOTERS OF THE FORTHCOMING "PRIN-
CE" CONCERT (SCHEDULE EASTER SUNDAY) TO
CONSIDER CHANGING CONCERT DATE DUE TO THE
RELIGIOUS CONCERNS OF THE COMMUNITY.
URGIN PROMOTERS OF MISS UNIVERSE PEGEANT
TO EXCLUDE FROM PEGEANT PARTICIPATION ANY
CONTESTANT FROM SOUTH AFRICA BECAUSE OF
THE APARTHEID/RACIST POLICIES FOLLOWED BY
THE GOVERNMENT OF SOUTH AFRICA.
EXPRESS SUPPORT OF PASSAGE BY THE U.S. CON-
GRESS OF HOUSE BILL-23 (RODINO BILL) WHICH
PROVIDES FOR A CHANGE IN THE CUBAN/HATIAN
RIGHTS TO EVENTUALLY ACHIEVE PERMANENT RESI-
DENT ALIEN STATUS.
ALLOCATE FUNDS NOT TO EXCEED $25,000 FROM
CITY OF MIAMI LAW ENFORCEMENT TRUST FUND
TO COVER WAGES AND EMPLOYEE BENEFITS EXPENSES
ASSOCIATED WITH EMPLOYMENT OF CLERICAL SUPPORT
PERSON ASSIGNED TO POLICE DEPARTMENT LEGAL
UNIT.
ALLOCATE $50,000. FROM S.P.A.C.F. TO THE
INTERNATIONAL HEALTH COUNCIL, (ICH), FOR
THE PREPARATION/COORDINATION/SUPERVISION
OF THE THIRD INTERNATIONAL HEALTH CONFERENCE
(SEPTEMBER 1985) IN MIAMI FLORIDA. AUTHORIZE
CITY MANAGER/CITY ATTORNEY TO EXECUTE AN
AGREEMENT WITH ICH.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO
EXECUTE AN AGREEMENT WITH METROPOLITAN DADE
COUNTY FOR IMPLEMENTING LITTLE HAVANA AND
MODEL CITY HOUSING DEMONSTRATION PROJECT
I. ALLOCATE AN AMOUNT NOT TO EXCEED $220,500.
CLAIM SETTLEMENT: MARIA ARGUELLES, NILO
ARGUELLES, AND PEDRO PORFIRIO. ($9,000.)
AND
85-230
85-231
85-232
85-234
85-237
85-239
85-242
85-245
y
i CONTINUED
DOCUMENT IDENTIFICATION
CLAIM SETTLEMENT: ROBERT LINCOLN. ($7,500.).
APPROVE 2 YEAR EXTENSION OF EMPLOYMENT PAST
THE AGE OF 74 FOR OSCAR T. DIAZ, PROPERTY
SPECIALIST I, DEPARTMENT OF POLICE, FEBRUARY
1, 1985 THROUGH JANUARY 31, 1987.
CORRECT A SCRIVENER'S ERROR IN RESOLUTION
NO. 85-176 ADOPTED FEBRUARY 28, 1985 BY SUBSTI—
TUTING "NORTHWEST 17TH STREET" IN PLACE OF
"NORTHWEST 7TH STREET" IN SECTION I OF SAID
RESOLUTION NO. 85— 176.
CORRECT SCRIVENER'S ERROR IN RESOLUTION NO.
85-177 ADOPTED FEBRUARY 28, 1985 WHICH HAD
INCORRECTLY CODESIGNATED A PORTION OF NORTHEAST
17TH TERRACE AS PLAZA VENETIA WAY BY REPEALING
SECTION I OF SAID RESOLUTION NO. 85-177.
ACCEPT THE COMPLETED WORK PERFORMED BY P.N.M.
CORPORATION AT A TOTAL COST OF $65,800.40
FOR ALLAPATTAH MINI PARK DEVELOPMENT, A COMMUNI
TY DEVELOPMENT PROJECT.
ACCEPT THE COMPLETED WORK OF L & F PROPERTIES,
INC. AT A TOTAL COST OF $153,545.40 FOR MIAMI
STADIUM — CONCERT STAGE ROOF.
DIRECT CITY CLERK TO PUBLISH A NOTICE OBJEC—
TION TO THE ACCEPTANCE BY CITY COMMISSION
OF THE COMPLETED CONSTRUCTION BY IRWIN GREEN —
WELL INC. OF OVERTOWN HIGHWAY IMPROVEMENT
BID "C" IN OVERTOWN HIGHWAY IMPROVEMENT DIS—
TRICT H-4492.
DIRECT CITY CLERK TO PUBLISH A NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTAN—
CE BY THE CITY COMMISSION OF THE COMPLETED
CONSTRUCTION BY M. VILA AND ASSOCIATES, INC.
{` OF OVERTOWN HIGHWAY IMPROVEMENT BID "A" AND
A" B" IN OVERTOWN HIGHWAY IMPROVEMENT DIS—
TRICT H-4492.
DIRECT CITY CLERK TO PUBLISH A NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANC
BY THE CITY COMMISSION OF THE COMPLETED CONS—
TRUCTION BY FRE CONSTRUCTION CO., INC. OF
ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT
PHASE I IN ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEMENT DISTRICT H-4485.
9
85-246
85-247
85-248
85-249
85-250
85-251
85-252
85-253
85-254
t,t
CONTINUED 1''
1 DOCUMENT IDENTIFICATION 1 " "" _—
•w*n.oenm PnT1C
ACCEPT THE BID OF P.N.M. CORPORATION:
$1,177,544.22, BID "A" AND "C" OF THE PROPO—
SAL FOR ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEMENT PHASE II. AUTHORIZE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM, DIRECT
CITY CLERK TO PUBLISH A NOTICE OF PUBLIC
HEARING FOR OBJECTIONS TO THE ACCEPTANCE
BY THE CITY COMMISSION OF THE CONSTRUCTION
BY P.N.M. CORP. OF ALLAPATTAH INDUSTRIAL
AREA HIGHWAY IMPROVEMENT PHASE II BIDS "A"
AND "C", ETC....
ACCEPT THE BID OF MIRI CONSTRUCTION, INC.
($143,969.22), BID "B" OF THE PROPOSAL, FOR
ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT
PHASE II. AUTHORIZE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM. DIRECT CITY CLERK
TO PUBLISH A NOTICE OF PUBLIC HEARING FOR
OBJECTIONS TO THE ACCEPTANCE BY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION
BY MIRI CONSTRUCTION INC. TO ALLPATTAH INDUS—
TRIAL AREA HIGHWAY IMPROVEMENT PHASE II BID
"B" .
ACCEPT THE BID OF MIAMI INTERNATIONAL LAWN
AND JANITORIAL SERVICES ($116,412.24) FOR
FURNISHING CUSTODIAL SERVICES AT THE MIAMI
POLICE DEPARTMENT BUILDING (ONE YEAR RENEWABLE
ANNUALY TO THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE).
RESCIND BID AWARD TO MEDCO INTERNATIONAL
FOR FURNISHING SIX (6) LO—BOY TRACTORS AT
A TOTAL COST OF $31,890.00, ETC.....
AUTHORIZE THE LEASE OF ONE IBM DISPLAY WRITER
FROM IBN CORP. UNDER AN EFFECTIVE STATE OF
FLORIDA CONTRACT FOR THE OFFICE OF PROFESSIO—
NAL COMPLIANCE ($10,596.00).
ORDER FAIRLAWN NORTH SANITARY SEWER IMPROVE—
MENT SR-5491 AND DESIGNATE THE PROPERTY AGAINST
WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR
A POSITION OF THE COST THEREOF AS FAIRLAWN
NORTH SANITARY SEWER IMPROVEMENT DISTRICT
SR-5491—C.
ACCEPT "COCONUT GROVE STATION" (PLAT) AND
THE DEDICATION SHOWN ON SAID PLAT. AUTHORIZE/
DIRECT CITY MANAGER/CITY CLERK TO EXECUTE
THE PLAT, ETC......
85-255
85-256
85-257
85-258
85-259
85-260
85-261
1 CONTINUED
DOCLMENT IDENTIFICATION
i1UTHORIIi; CITY vlAN.1GF;R/CI`PY ��'1^'PU}:yj;Y I'C) iXj=,-
CUTE A PROFESSIONAL SERVIC1; AGREEMENT WTTII
THE POLICE INSTITUTE TO CONDUCT A ONE W F!,]Y,
POLICE EXECUTIV;; i)E;Vf;LOP:-I;;NT s 41 ; 1\1 1114AiZ FOR
Tli CITY OF MIAMI POLICI: D;'IPARTi`1,'NT (r5, 000. ) .
AUTHORIZE CITY MANAGER/CITY ATTORNIEY TO EXE-
CUTE A PROFESSIONAL -SERVICE AGI2ENT �IlTfl
VALLE AXELBERD AND ASSOCIATES, INC. TO PROVIDE
STRESS CONTROL TRAINING (FISCA1, '11—r"A 2 1935 )
TO MEMBERS OF THE MIAMI POLICE' DEPARTMENT
($22,130.).
AUTITORIZ CITY MANAG R/CITY ATTORNr;Y To i'XF-
CUTE A PROFFISSIONA71 SE RVIC:I AGR} EM;7NT WITH
VALLE AXELBERD AND A.3S0CIATI,..3, INC. rn PROVIDE
PSYCHOLOGICAL S RVICE, (F113CA" Yr A it 1,935)
TO MEMBERS OF THE' MIAMI Po 1,10E-: DE'PAIRTMEINT
(S36,000.).
TRANSFER THE RIGHT -OF -AY OF N.W. AND N.E.
1ST. STREET I3ETWEEN L1La'P 2ND. AVE. AND 13IS-
CAYNE BOULEVARD WITHIN THE CITY Of' MIAMI
TO THE JURISDIC`i'ION OF TILE STATE HIGH11AY
SYSTEM IN CONFORM,_ -ONCE TRI` H SECTION 337.29
FLORIDA STATUTES. AUT1iORI7E/DIRECT CITY MANA-
GER/CITY AT`1'ORNKY/CITY CT
Ef2K TO EXECUTE TfI};
PLAT.
APPROVE: ^i!}; SSL;1C'PIc)N HY TfiE COMP} TITIV
SELECTION COMMITTEIE OF Till-] +:QUALIFIED FIRMS,
BY RANK ORDER TO PROVIDE PROFESSIOiNAL SERVI-
CES CONTRACT FOR TliF DEVELOPMENT OF 11 STORM
DRAINAGE MASTER PLAN FOR THE CITY, ETC.....
APPROVE TIE SELECTION BY
ili :
COMPETITIVE
SELECTION COMMITTEE OF THE
QUALIFIED
FIRMS,
BY RANT; ORDER, TO PROVIDE PROFESSIONAL
SERVI-
CES CONTRACT FOR "A STUDY
OIJ
Im TO
BEST
ACHIEVE A COST REDUCTION IN
THE
CITY'S
STREET
LIGHTING SYSTEM", ETC.....
APPROVE THE SELECTION BY THE COMPETITIVE
SELECTION COMMITTEE OF THE QUALIFIED FIRMS,
BY RANK ORDERS, TO PROVIDE PROFESSIONAL SERVI-
CES CONTRACT TO CONDUCT A RIGHT-OF-WAY (STREET)
CONDITION SURVEY AND DEVELOP AN ANNUAL MAINTE-
NANCE WORK. PROGRAM AND BUDGET FOR THE CITY,
ETC....
85-262
85-263
S5-264
85-265
85-266
85-267
U-911m;
CONTINUED
DOCUMENT IDENTIFICATION
ALLOCATE $4,000. FROM S. P. AND A. C. F.
IN SUPPORT OF A WORKSHOP PERFORMANCE PROGRAM
TO BE PRESENTED BY UP GROVE THEATRE, INC.
ALLOCATE $12,000. FROM S. P. AND A. C. F.
TO COVER THE PROMOTION FOR THE 1985 ROWING
CLUB REGATTA AT THE MIAMI MARINE STADIUM
ON MARCH 30-31, 1985.
RATIFY/CONFIRM THE ALLOCATION OF $5,000.
FROM S. P. AND A. C. F., TO COVER EXPENSES
OF SELECT COMMITTEE WHICH TRAVELED TO ARIZONA
IN ORDER TO MAKE A PRESENTATION BEFORE THE
NATIONAL FOOTBALL LEAGUE (MARCH 11-15, 19850,
TO SECURE A COMMITMENT THAT THE 1989 SUPER
BOWL GAME BE PLAYED IN MIAMI AND THE DESIGNA—
TION OF VICE —MAYOR JOE CAROLLO TO ACT AS
LIASON FOR THE CITY COMMISSION.
ALLOCATE $10,000. FROM S. P. AND A. Q. OF
L. F., FOR A FEE WAIVER, THE USE OF THE MIAMI
CONVENTION CENTER (MARCH 22-23, 1985) IN
SUPPORT OF THE FIRST ANNUAL PROFESSIONAL
FOOTBALL PLAYERS CHARITY BASKETBALL TOUR—
NAMENT.
CLAIM SETTLEMENT: MANUEL PARDO INDIVIDUALLY
AND AS A REPRESENTATIVE OF THE STATE OF EDITH
PARDO ($122,000.).
AUTHORIZE CONTINUED EMPLOYMENT OF LAW FIRM
OF SAGE GRAY TODD AND SIMS IN CONNECTION
WITH THE NEGOTIATION/PREPARATION OF DOCUMENT
IN CONJUNCTION WITH BAYSIDE SPECIALTY CENTER
($30,000.) ETC.......
AUTHORIZE CITY MANAGER TO EXTEND THE PROFESSIO—
NAL SERVICE AGREEMENT WITH LAW FIRM OF ARNOLD
AND PORTER ($50,000.), IN CONNECTION WITH
REPRESENTATION RELATING TO THE CABLE TELEVI—
SION LICENSE FEE WAIVER PETITION PENDING
BEFORE THE FEDERAL COMMUNICATION COMMISSION
ON BEHALF OF THE CITY OF MIAMI; ETC.....
AUTHORIZE, CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF MIAMI AND THE REAL ESTATE
RESEARCH CORPORATION ($17,000.).
f
85-269
85-170
85-271
85-272
85-273
85-274
85-275
85-276
a
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�D4CU(�Ef�Ti•I�DE�
wcuHENT IDENTIFICATION
ACCEPT A DONATION FROM MR. AND MRS. SIDNEY
M. FELDMAN OF A SCULPTURE ENTITLED "HOKUSAI'S
WAVE 1981" BY ARTIST JACK YOUNGERMAN.
AUTHORIZE CITY MANAGER TO EXERCISE THE RENEWAL
PROVISION CONTAINED IN THE EXISTING AGREEMENT
WITH METROPOLITAN DADE COUNTY FOR THE RELEASE
OF OFFICE SPACE AT THE CULMER/OVERTOWN NEIGH—
BORHOOD SERVICE CENTER (1600 N.W. 3RD. AVE.)
FOR USE BY THE DEPARTMENT OF COMMUNITY DEVE—
LOPMENT OVERTOWN JOBS PROGRAM.
AUTHORIZE CITY MANAGER TO ACCEPT AND EXECUTE
THE NECESSARY CONTRACT/AGREEMENTS FOR A RENTAL
REHABILITATION PROGRAM GRANT FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR $690,000, TO ENCREASE THE SUPPLY
OF AFFORDABLE STANDARD HOUSING FOR LOWER
INCOME FAMILIES.
ALLOCATE $15,000. FROM FYI 75-76 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS —GARMENT CENTER/
FASHION DISTRICT REDEVELOPMENT PLAN TO THE
SOUTH FLORIDA ECONOMIC OPPORTUNITY DEVELOPMENT
COUNCIL, INC. FOR A PERIOD OF ONE YEAR BEGIN—
NING APRIL 1, 1985 TO PROVIDE TRAINING FOR
JOBS AS SEWING MACHINE OPERATORS IN THE CITY
OF MIAMI.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO EXECUTE
AN AGREEMENT WITH THE MIAMI DESIGN PLAZA
MERCHANTS ASSOCIATION (MDPMA), FOR THE PURPO—
SED OF MEETING ADMINISTRATIVE EXPENSES ASSO—
CIATED WITH THE OPERATION OF THE MDPMA AND
FOR PROMOTING THE ANNUAL EVENT "MIAMI MARKET
DAYS" ($48.000. FROM FISCAL YEAR 84-85 S. P
AND A. C .F).
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO AMEND
INDIVIDUAL AGREEMENTS WITH TEN NEIGHBORHOOD
ECONOMIC DEVELOPMENT ORGANIZATION, TO MODIFY
THE FISCAL REQUIREMENTS STATED, ETC.....
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO AMEND
AN AGREEMENT WITH':: BARNETT BANK OF SOUTH
FLORIDA N.A. TO EXTEND THE TERMINATION DATE
OF THE AGREEMENT FROM JANUARY 1985 TO APRIL
15, 1985 TO PUBLISH THE SPANISH VERSION OF
THE MIAMI BUSINESS REPORT 1983-84 AND AUTHORI—
ZE BARNETT BANK TO ISSUE A CHECK DIRECTLY
TO THE VENDOR FOR THE PRINTING OF THE PUBLICA—
TION.
85-277
85-278 (} y
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1 ri
l
I;
85-279 —
I
1
1
85-280
c
i
1
85-281
f.
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85-282
�Z
85-283
i
i
m
CONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZE CITY MANAGER TO AMEND/MODIFY THE
TERMS OF ARTICLE 4.8 OF THE AGREEMENT DATED
AUGUST 29, 1983, WITH MIAMI DADE TOURIST
AUTHORITY, INC. EXTEND THE DUE DATE OF FINAL
BUDGETARY REPORT AND AUDITED FINANCIAL _STATE—
MENTS FROM 30 DAYS TO 90 DAYS AFTER FINAL
REIMBURSEMENT IS RECEIVED.
AUTHORIZE CITY MANAGER TO AMEND TERMS OF
ARTICLE III OF AGREEMENT DATED AUGUST 10,
1983 WITH MIAMI—DADE CHAMBER OF COMMERCE
THEREBY EXTENDING THE DUE DATE FOR PUBLISH—
ING THE BLACK INDUSTRIAL DIRECTORY FROM JA—
NUARY 31, 1985 TO MARCH 29, 1985.
AMEND AGREEMENT WITH DOWNTOWN MIAMI BUSINESS
ASSOCIATION, INC. (DMBA). EXTEND THE EXPIRA—
TION DATE OF THE CONTRACT AGREEMENT (FEBRUARY
28, 1985 TO APRIL 1, 1985). INCLUDE AS PART
OF THIS AGREEMENT ADVERTISEMENTS FOR 1985
EASTER HOLIDAYS AND PROMOTIONAL ACTIVITIES
UNDER THE FLAGLER STREET BANNERS DEMONSTRATION
PROJECT, ETC.....
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO AMEND
THE MEMORANDUM OF AGREEMENT (JULY 20, 1983)
WITH BELAFONTE TACOLCY CENTER INC. (BTC).
THE TERMS DATED MAY 10, 1983 ($400,000.)
WILL BE MODIFIED TO DEFER THE DUE DATES FOR
ALL PAYMENTS UNDER SAID NOTE BY 17 MONTHS
WITH ALL OTHER TERMS OF THE AGREEMENT REMAIN—
ING UNCHANGED.
ALLOCATE $3,145.83 OF TENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS (APPROPRIATED
BY THE PASSAGE OF ORDINANCE #98-34 AND MOTION
#84-775 TO THE MLKEDCO) FOR THE PERIOD FROM
APRIL 1, 1985 THROUGH APRIL 30, 1985 FOR IT
TO CONTINUE IMPLEMENTING A NEIGHBORHOOD ECONO—
MIC DEVELOPMENT CORP. PROGRAM. AUTHORIZE
CITY MANAGER/CITY ATTORNEY TO ENTER INTO
AN AGREEMENT WITH THE AFOREMENTIONED AGENCY.
PROVIDE FOR THE ISSUANCE OF NOT EXCEEDING
$30,000,000. STORM SEWER IMPROVEMENT BONDS
OF THE CITY OF MIAMI, FLORIDA
AUTHORIZE CITY MANAGER TO EXTEND A CONTRACT
WITH THE FIRM OF DAVID H. GRIFFITH AND ASSOCIA
TES, LTD., TO PREPARE A CENTRAL SERVICES
COST ALLOCATION PLAN. ($13,500. FROM S P
AND A G F.).
85-284
85-285
85-287
85-288
MR91me
85-291
D 0 C U Ml - E N- To I N� D E
CONTIN, UED
DOCLMENT IDENTIFICATION ACTIQN AND ME Nil'
DESIGN PLAN AND SERVICES FOR MODIFICATION/
EXPANSION OF FIRE GARAGE/FIRE STATION #3
AS CATEGORY "B" PROJECT. APPOINT A CERTIFICA—
TION COMMITTEE (3 MEMBERS). APPOINT FLOYD
JORDAN DEPUTY FIRE CHIEF AS CHAIRMAN OF COM—
MITTEE. AUTHORIZE CITY MANAGER TO ADVERTISE
FOR PROFESSIONAL SERVICES.
ALLOW SALE OF BEER/WINE, TWO DAYS PEROID
BY FRIENDS OF JAPANESE GARDEN IN CONNECTION
WITH JAPANESE SPRING FESTIVAL TO BE HELD
AT WATSON ISLAND PARK, APRIL 21-22, 1985;
ETC......
AUTHORIZE CITY MANAGER TO ISSUE A FACILITY
EXTENDED USE PERMIT, TO THE FRIENDS OF JAPANE—
SE GARDEN FOP THE USE OF THE JAPANESE GARDEN
IN WATSON ISLAND PARK.
RATIFY/APPROVE/CONFIRM AUTHORIZATION TO PRESI—
'. DIO HISTORICO CUBANO FOR PLACEMENT OF A
MONUMENT IN A CITY PARK. FROM JOSE MARTI
PARK TO RIVERSIDE PARK; ETC.....
ALLOCATE $1,600. FROM S P AND A Q L F FOR
THE USE OF GUZMAN CULTURAL CENTER ON MARCH
29-30, 1985, IN SUPPORT OF "ARTS SHOW CASE
'85"; ETC.....
RATIFY/APPROVE/CONFIRM ACTION OF CITY MANAGER
TO STABLISH REDUCE GREENS FEES OF 50% SEASO—
NAL RATES TO THE PARTICIPANTS OF THE ANNUAL
NORTH —SOUTH GOLF TOURNAMENT HELD FEBRUARY
19-23, 1985 AT CITY OF MIAMI COUNTRY CLUB
IN MIAMI SPRINGS OT PROVIDE 1.— ELECTRIC
CARTS WERE MANDATORY, 2.— PRIZES WERE PURCHA—
SED FROM THE MIAMI SPRINGS PRO SHOP AND 3.—
ALL TOURNAMENT PROCEEDS WENT TO THE 1985
MIAMI NORTH —SOUTH SCHOLARSHIP PROGRAM.
AUTHORIZE CITY MANAGER TO MAKE PAYMENTS
($15,600.) TO WINGERTER LABORATORIES, INC.
FOR ENGINEERING TESTING PERFORMED IN CONNECTIO
WITH DINNER KEY MARINA REDEVELOPMENT; ETC...
85-292
85-�93
85-294
85-295
85-296
85-297
APPOINT: PETER PADOWITZ TO THE CITY'S CODE 85-299.1
ENFORCEMENT BOARD TO SERVE A THREE YEAR TERM.
EXPIRE ON FEBRUARY 11, 1988.
DOCt!(�Et�%I�DEY
o�C0NTINUEDCOMMISSION rL
Conr NO,
Oow�NT IDENTIFICATION _T ACTION Am rt)"F X
APPOINT: RICHARD DIAZ TO THE CITY'S CODE
ENFORCEMENT BOARD TO SERVE A THREE YEAR TERM.
EXPIRE ON FEBRUARY 11, 1988.
APPOINT: JAMES D. CARREKER TO THE BOARD OF
DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHO-
RITY OF THE CITY OF MIAMI. EXPIRE ON JUNE
30, 1988.
CONFIRM ORDER OF RESOLUTION NO. 85-41 AND
AUTHORIZE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF N.W. 47 AVE.
HIGHWAY IMPROVEMENT IN N.W. 47 AVE. HIGHWAY
IMPROVEMENT DISTRICT H-4505.
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH S.M. DIX AND ASSOCIATES, INC. ($33,000.)
TO PREPARE AN APPRAISAL OF IMMOVABLE FIXTURES
FOR EACH OF THE COMMERCIAL PARCELS WITHIN
THE SOUTHEAST OVERTOWN/PARK WEST PROJECT
AREA TO COMPENSATE CONSULTANT FOR EXPENSES
INCURRED FOR COURT PREPARATION AND TESTIMONY.
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ACCEPT CITY MANAGER RECOMENDATION FOR THE
SELECTION OF LADDER COMPANY N0.4 LTD. FOR
UNIFIED DEVELOPMENT PROJECT KNOWN AS ADAPTIVE
REUSE OF HISTORIC FIRE STATION N0.4 LOCATED
AT APPROXIMATELY 1000 SOUTH MIAMI AVE. AUTHO-
RIZE/DIRECT CITY MANAGER/CITY ATTORNEY TO
NEGOTIATE A CONTRACT WITH LADDER COMPANY
N0.4, LTD AND FURTHER DIRECT CITY MANAGER
TO PRESENT THE NEGOTIATED CONTRACT TO THE
CITY COMMISSION FOR CONSIDERATION AND APPROVAL
PRIOR TO THE EXECUTION OF SAID CONTRACT.
ACCEPT BID OF TARGET CONSTRUCTION CO. ($140,000.
FOR CITY HALL -CONFERENCE ROOM WITH MONIES
ALLOCATED FROM "S.P. AND A.C.F." & AUTHORIZE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAID
FIRM, ETC......
PROVIDE FOR THE ISSUANCE OF NOT EXCEEDING
$20,000,000. POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS OF THE CITY OF
MIAMI, FLORIDA.
85-299.2
85-300
85-301
85-304
85-305
85-311
85-312
DOCUM-r EN -To
I Xr DEY
CONTI -UED
DOCUMENT IDENTIFICATION
APPROVE IN PRINCIPLE "THE DESIGN GUIDELINES
AND STANDARDS - SUTHEAST OVERTOWN/PARK WEST",
DATED JULY, 1984, AS DESIGN GUIDELINES AND
STANDARDS FOR THE SOUTHEAST OVERTOWN/PARK
WEST PROJECT AREA.
CLAIM SETTLEMENT: EARLE BLACK INDIVIDUALLY
AND DELORES BLACK (HIS WIFE), $30,000.
85-313
85-314