HomeMy WebLinkAboutCC 1985-02-14 MinutesCITY OF MIAMI
COMMISSION
MINUTES
February 14, 1985
OF MEETING HELD ON
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G, ONGIE
CITY CLERK
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
FEBRUARY 14, 1985
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1
2
3
4
5
6
7
8
18
19
PLAQUES, PRESENTATIONS AND SPECIAL ITEMS.
PROCLAMING ST. PATRICK'S DAY & PERMITTING STREET
CLOSURE.
PLAQUES, PRESENTATIONS AND CONDOLENCES
CONTINUED.
CONDOLENCES: DEATH OF HERMAN FERRE.
CONDOLENCES: DEATH OF ROLANDO SABINES.
CLOSE CERTAIN DOWNTOWN STREETS IN CONNECTION
WITH "GRAND PRIX HAPPENING"
ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS
DURING 1985 MIAMI GRAND PRIX.
FUTURE OF URBAN AMERICAN CONFERENCE -SEE LATER
MOTION 85-100 (ALSO SEE LABEL NUMBER 30).
DISCUSSION ITEM: FUNDING REQUEST FOR "PARADISE
OF CHILDREN PERFORMANCE". (FUNDING NOT
RECOMMENDED).
DISCUSSION ITEM: "THANK YOU" TO CHIEF CLARENCE
DICKSON FOR JOB WELL DONE IN DRUG CLEANUP EFFORT
IN LIBERTY CITY.
URGE MIAMI MOTORSPORTS TO PROHIBIT CONTESTANTS
FROM NAMIBIA AND SOUTH AFRICA.
GRANT REQUEST FOR FUNDING $359000 "MISS
COLLEGIATE BLACK AMERICA PAGEANT".
ALLOCATE $8,345.75 MARCH OF DIMES WALKAMERICA-
MARCH 23, 1985.
DISCUSSION: POLICE PREVENTION MEASURE IN JOSE
MARTI PARK COST OF PARKS MAINTENANCE-MGR. TO
DISCUSS AT NEXT MEETING.
AMEND RESOLUTION 84-1350 CONCERNING MIAMI CITY
BREAKERS (BRAKE DANCING) EVENT TO BE HELD IN
PUERTO RICO.
AUTHORIZE MANAGER TO ALLOCATE $5,000.00 FOR
COMMITTEE TO TRAVEL TO ARIZONA TO MAKE MIAMI
SUPERBOWL PRESENTATION FOR 1989
AMEND RESOLUTION 84-1309 CONCERNING ALLOCATION
OF $15,000 IN CONNECTION WITH 15TH ANNUAL
BUDWEISER UNLIMITED HYDROPLANE REGATTA.
ALLOCATE $87,500. TO CAREY TECHNICAL INSTITUTE
MICRO COMPUTER REPAIR TRAINING PROGRAM.
AUTHORIZE AGREEMENT: G.U.T.S. (GROVITES UNITED
TO SURVIVE) FOR A LOAN OF $500,000.
DISCUSSION 1
R-85-82 2
DISCUSSION 3
R-85-83 3
R-85-84 3
M-85-85 4
R-85-86 4-5
DISCUSSION 5-6
DISCUSSION 6-7
DISCUSSION 8
M-85-89 9-14
R-85-90 14-17
DISCUSSION 17-19
R-85-91 20
M-85-92 22
R-85-93 23
M-85-94 23-26
R-85-95 26-35
20
OPEN, READ AND REFER FOR TABULATION SEALED BIDS
FOR CONSTRUCTION OF ALLAPATTAH INDUSTRIAL AREA
HIGHWAY IMPROVEMENT PHASE II B-4495.
M-85-96
36
21
ALLOCATE $7,500. IN SUPPORT OF JOSE MARTI BRANCH
OF Y.M.C.A.
R-85-97
39
22
DISCUSSION ITEM: CONGRESSIONAL WORKSHOP.
DISCUSSION
40-41
23
SECOND READING ORDINANCE: CHANGE ZONING
CLASSIFICATION 3000-3006 AVIATION AVENUE FROM
RS-2/2 TO RO-2.1/5
ORD. 9958
41-47
24
AUTHORIZE ISSUANCE OF R.F.P.'S FOR LEASE OF
GROUND FLOOR RETAIL SPACE IN THE CONVENTION
CENTER PARKING GARAGE.
R-85-98
47-50
25
SECOND READING ORDINANCE: PROVIDE FOR ADDITIONAL
LIMITATIONS ON AUTHORIZED INVESTMENT IN
REPUBLICS OF NAMIBIA AND SOUTH AFRICA.
ORD. 9959
50-51
26
SECOND READING ORDINANCE: AMEND SECTION 55-14 OF
CITY CODE: RECORDS KEPT BY SELLERS OF
ELECTRICITY, METERED GAS, BOTTLED GAS, FUEL OIL,
TELEPHONE SERVICE, TELEGRAPH SERVICE OR WATER
SERVICE.
ORD. 9960
51
27
SECOND READING ORDINANCE: AMEND CHAPTER 54.5 OF
THE CITY CODE " SUBDIVISION REGULATIONS"
_
DEFINITIONS, BUILDING PERMITS, DESIGN STANDARDS.
ORD. 9961
52
28
FIRST READING ORDINANCE: AMEND CHAPTER 54 OF THE
CITY CODE STREETS AND SIDEWALKS BY ENACTING A
NEW SECTION 54-47 RIGHT OF WAY DEDICATION
REQUIRED.
1ST READING
53
29
POLICE SUB-STATIONS/DRUG PROBLEMS: INSTRUCT
POLICE CHIEF TO STUDY MANNING OF SUBSTATIONS, NO
-
EXTRA FUNDS, ETC.
M-85-99
53-73
30
GRANT REQUEST MADE BY DR. EDUARDO PADRON,
"FUTURE OF URBAN AMERICA" CONFERENCE: ALLOCATE
$12,500. WITH CONDITIONS.
M-85-100
73-77
31
FESTIVAL FUNDING POLICY:(A) ALLOCATE $242,272 TO
VARIOUS FESTIVAL PARADES, CULTURAL EVENTS ETC.
(B) ACCEPT ADMINISTRATION POLICY FOR FESTIVAL
FUNDING REMAINDER OF 1985.
R-85-101-A
78-93
R-85-101-B
32
ACCEPT RECOMMENDATION CITY ATTORNEY -UNSAFE
STRUCTURES, BEGIN EVALUATION PROCESS AGAIN.
M-85-102
94
33
RATIFY ACTION OF CITY MANAGER: WAIVE COMPETITIVE
SEALED BIDS -I -RADIO DATA CONVERTER.
R-85-103
95
34
CONFIRM ORDERING RESOLUTION: BUENA VISTA HIGHWAY
IMPROVEMENT PHASE II-H-4506
R-85-104
95-97
35
CONFIRM ORDERING RESOLUTION: NORTH RIVER DRIVE
HIGHWAY IMPROVEMENT H-4501
R-85-105
98
36
DISCUSSION OF WITHDRAWAL OF AG. 46 CONCERNING
BETTER CONSTRUCTION INC., AND PERSONAL
APPEARANCE.
DISCUSSION
99
37
ACCEPT COMPLETED WORK: BETTER CONSTRUCTION INC.
-
JOSE MARTI RIVERFRONT PARK -PHASE II.
R-85-106
99
38
ADDITIONAL DISCUSSION OF WITHDRAWAL OF AG. 46
DISCUSSION
101
39
BRIEF DISCUSSION AND TEMPORARY DEFERRAL: EXTEND
DEVELOPMENT ORDER MIAMI CENTER I
DISCUSSION
102-106
40 ACCEPT RECOMMENDATION OF COOPERS AND LYBRAND,M
CPA FIRM AND AUTHORIZE DISBURSEMENT OF REMAINING
AMOUNT OWED TO FORMER MANAGER HOWARD V. GARY.
41 POLICY AND INSTRUCTION TO CITY ATTORNEY
REGARDING PENSION PLANS, INSURANCE POLICIES,
ETC. COVERING CONDUCT OF FUTURE CITY MANAGERS,
INCLUDING COMBINING VACATION WITH CITY PAID
OFFICIAL TRIPS.
42 LONG DISCUSSION AND CONTINUANCE OF CONSIDERATION
OF EXTENDING BALL POINT (MIAMI CENTER) I
DEVELOPMENT ORDER.
43
44
45
46
47
48
51
52
53
54
55
56
56.1
APPROVE ISSUANCE OF $2090009000 INDUSTRIAL
REVENUE DEVELOPMENT BONDS-1200 SPACES PARKING
GARAGE ADJACENT TO BAYSIDE SPECIALTY CENTER.
REMOVE FIRM OF BROWN, WOOD, IVY, MITCHELL AND
PETTY (NEW YORK) AS 3RD BOND COUNSEL IN
CONNECTION WITH ISSUANCE OF $20t000,000
INDUSTRIAL DEVELOPMENT BONDS FOR BAYSIDE
SPECIALTY CENTER GARAGE.
PERSONAL APPEARANCE: ANNE MARIE ADKER REGARDING
PROBLEMS IN OVERTOWN.
DISCUSSION: HIRING FREEZE.
FORMALIZATION: REAFFIRM INTENT OF CITY
COMMISSION THAT NO VACANCIES IN THE CITY WORK
FORCE BE FILLED UNTIL A PERMANENT CITY MANGER IS
SELECTED AND THEN ONLY WITH THE PERMISSION OF
THE COMMISSION ON AN INDIVIDUAL BASIS.
TRANSFER STATUS OF SUZANNE SALICHS IN THE
MAYOR'S OFFICE FROM REGULAR AIDE TO SPECIAL
AIDE.
EXEMPT HIRING FREEZE TO PERMIT HIRING OF TWO
ASSISTANT CITY ATTORNEYS IN THE LAW DEPARTMENT.
EXEMPT HIRING FREEZE: 1 SECRETARY II FIRE DEPT.
1 MARINA AIDE DINNER KEY MARINA, 1 GREENSKEEPER
PARKS AND RECREATION, 1 GROUNDSTENDER PARKS AND
RECREATION.
EXEMPT HIRING FREEZE: ONE AUTO EQUIPMENT
OPERATOR, PARKS AND RECREATION, 2 GROUNDS
TENDERS, PARKS AND RECREATION, 1 CLERK TYPIST,
PLANNING AND ZONING BD. ADMINISTRATION.
EXEMPT HIRING FREEZE: 2 POSITIONS, DEPARTMENT OF
COMPUTERS, 1 COMMUNICATIONS OPERATOR, FIRE
DEPARTMENT, 1 PERSONNEL OFFICER, HUMAN
RESOURCES, 1 POSITION PURCHASING DIVISION.
EXEMPT HIRING FREEZE: 5 POSITIONS OF PLANNERS
PLANNING DEPARTMENT.
DEFER CONSIDERATION OF REQUEST BY DEVELOPERS OF
COMMODORE BAY ON WAIVER OF TIME LIMITS -SECTION
35514.5 OF CITY ZONING CODE.
DESAPPROVE BID PROTEST IN CONNECTION WITH BID
84-85 60-ELECTRIC GOLF CARTS.
CONSENT AGENDA
ACCEPT BID: E-Z-GO, TEXTRON FOR GOLF CARTS AT
$48,240 YEAR.
M-85-107
M-85-108
M-85-109
M-85-1 10
R-85-1 1 1
M-85-112
DISCUSSION
M-85-113
R-85-114
M-85-115
M-85-116
M-85-117
M-85-118
M-85-119
M-85-120
M-85-121
R-85-122-A
R-85-122-B
103-118
119-121
121-136
136-139
139-141
141-149
145-150
150-151
150-152
153
154
155
157
157-159
159-165
166
167
56.2 ACCEPTING BIDS FOR AUTOMOBILE AND TRUCK TIRES
AND TUBES FROM VARIOUS COMPANIES AT $276,150 A
YEAR. R-85-123
167
ift p
56.3
56.4
56.5
56.6
56.7
56.8
56.9
56.10
56.11
56. 12
56.13
56.14
56.15
56.16
56.17
56.18
56.19
t
56.20
ACCEPT BIDS: OAKS WHOLESALE DISTRIBUTORS FOR 30
POLICE AUTOMOBILE PARTITIONS AT $59 070.
LAWMEN'S SHOOTERS SUPPLY FOR 20 ROOF MOUNTED
LIGHT BARS AT $11,167.60
ACCEPTING BID. SEFAC TRADING CORPORATION FOR
JACKS HOIST SYSTEM FOR FIRE DEPARTMENT AT
$359800.
ACCEPT BID. INDUSTRIAL BUILDING MAINTENANCE
CORPORATION FOR CUSTODIAL SERVICES FOR COMPUTER
DEPARTMENT AT $8,055.60 PER YEAR.
ACCEPTING BID. OBENOUR ROOFING SHEET METAL AND
SUPPLY COMPANY FOR RE -ROOFING LEMON CITY DAY
CARE CENTER FOR $70425.
ACCEPT BIDS FROM SOUTHERN COACH OF OCALA $5,476.
AND RECHTIEN INTERNATIONAL TRUCKS $69290 FOR
REFURBISHING TWO FIRE VEHICLES.
ACCEPTING BIDS. CHLORIDE BATTERIES $22,038.
TROPEX BATTERIES $28,944. AND E-Z-GO TEXTRON
$9,602 FOR AUTO BATTERIES.
ACCEPT BIDS. AMMUNITION RELOADERS $3498759
BUFFALO ROCK SHOOTERS SUPPLY $149491, HARRIS
HOUSE AND AMMO, INC. $19920, LAW MAN'S AND
SHOOTERS SUPPLY, INC $2,725. OAKS WHOLESALE
DISTRT.BUTORS $7,172. SOUTHERN GUN DISTRIBUTORS
$1,200. AND 3-D INV. INC. $3,900. FOR AMMUNITION
ON A ONE YEASR CONTRACT.
ACCEPT BID. BROWARD ELEVATOR SALES AND SERVICE
CO. FOR ONE YEAR SERVICE TO BUINDING AND VEHICLE
MAINTENANCE DEPARTMENT FOR $29,940.
ACCPET BIDS. 15 SUPPLIERS FOR HEAVY EQUIPMENT
FOR $29291,623.12.
ACCEPTING BID. JULES BROTHERS UNIFORMS FOR WORK
UNIFORMS ONE YEAR CONTRACT FOR $94,882.00
ACCEPTING BIDS FOR 4 SUPPLIERS: REJECTING BIDS
FOR 6 BIDDERS FOR 120 LIGHTS AUTOMOTIVE VEHICLES
FOR CITY USE.
ACCEPTING BIDS: AMERICAN COMPUTER SUPPLY
$1,529.50, BURROUGHS CORPORATIOONNN $28,355.149
ALPHA BUSINESS SERVICES $258.48, A.M.
ENTERPRISES, INC. $609.45, ENFELDS MIAMI PHOTO,
INC. $659.40, BELL AND HOWELL, INC. $23,8239 AND
X.I.P.S. CORPORATION $415. FOR ONE YEAR CONTRACT
OF COMPUTER SUPPLIES.
ACCEPTING BID. CLINICA LAS MERCEDES, INC. FOR
RADIOLOGY SERVICES POR $209000 A YEAR.
ACCEPTING BID. P.N.M. CO. FOR MANOR STORM SEWER
PROJECT FOR $64,335.50.
ACCEPTING BID. STANDARD REGISTER CO. FOR PRINT
OUT BURSTER MACHINE FOR $11,450.04
ACCEPTING BID. GARCIA ALLEN CONSTRUCTION COMPANY
FOR MANOR STORM SEWER PROJECT FOR $9299874.71
ACCEPT BID. MURTON ROOFING CORPORATION FOR ROOF
REPLACEMENT OF COCONUT GROVE EXHIBITION CENTER
MEZZANINE AT $22,850.
ACCEPTING BID. INDUSTRIAL BUILDINGG MAINTENANCE
CORPORATION FOR CUSTODIAL SERVICES AT
ADMINISTRATION BUILDING FOR $45,276. FOR ONE
YEAR.
R-85-124
R-85-125
R-85-126
R-85-127
R-85-128
R-85-129
R-85-130
R-85-131
R-85-132
R-85-133
R-85-134
168
168
168
169
169
169 -
i
170
170
170
171
171
R-85-135 171
R-85-136 172
R-85-137
172
R-85-138
172
R-85-139
173
R-85-140 173
R-85-141 173
p
56.21
$30oOOO SETTLEMENT TO EDWARD P. BUSCH, AND
MOZELL STURRUP
R-85-142
174
56.22
SETTLEMENT; CHARRON V. ADKINS $10,000
R-85-143
174
56.23
AGREEMENT WITH STABNLEY, HOLCOMBE AND ASSOCIATES
FOR ACTUARIAL SERVICES.
R-85-144
174
56.24
AGREEMENT WITH STANLEY HOLCOMBE AND ASSOCIATES
FOR ACTUARIAL SERVICES.
R-85-145
174
56.25
AGREEMENT WITH THE BAY OF PIGS VETERANS
ASSOCIATION FOR RENOVATION OF PROPOSED BAY OF
PIGS HISTORICAL HOUSE PROJECT.
R-85-146
175
56.26
ACCEPTING PROPOSAL OF DELAHANTY AND ASSOCIATES
MAI APPRAISER TO ESTABLISH FAIR MARKET VALUE OF
NORTH MIAMI ESTATES SUBDIVISION PROPERTY
R-85-147
175
56.27
ALLOCATION OF $1,000 FOR 2250 TICKETS FOR ANNUAL
METRO MIAMI POLICE "PIG BOWL".
R-85-148
175
56.28
$19000 TO MIAMI GENERATION IN CONNECTION WITH
MIAMI GENERATION 9 CUBAN AMERICAN ARTISTS.
R-85-149
175
56.29
$45,000 IN SUPPORT OF CARNAVAL MIAMI AND PASEO
R-85-150
175
56.30
$359000 IN SUPPORT OF CALLE OCHO.
R-85-151
176
56.31
$5,000 FOR BILFISH TOURNAMENT.
R-85-152
176
56.32
$8,540 FOR DANCE BY OMEGA PSI PHI FRATERNITY
R-85-153
177
56.33
$10,000 IN SUPPORT OF MINI GRAND PRIX.
R-85-154
177
56.34
$3,500 TO DR. MARTIN LUTHER KING, JR. BIRTHDAY
CELEBRATION COMMITTEE.
R-85-155
177
56.35
ELEVEN DAY CARNIVAL BY LATIN CHAMBER.
R-85-156
177
56.36
INCREASING CITY CONTRIBUTION TO RETIREES FROM 1%
TO 1.5%.
R-85-157
178
56.37
SCRIVENER'S ERROR IN R-84-1416.1—MARISA PARES
APPOINTMENT TO CODE ENFORCEMENT BOARD.
R-85-158
178
56.38
SCRIVENER'S ERROR IN R-84-884, APPOINGTMENT OF
MAUDE NEWBOLD TO CODE ENFORCEMENT BOARD.
R-85-159
178
56.39
SCRIVENER'S ERRORS IN R-84-11411 CONCERNING
BRICKELL BAY OFFICE TOWER PROJECT.
R-85-160
179
57
ALLOCATE $35,000 MIAMI DADE TRADE AND TOURISM
COMMISSION WITH CONDITIONS.
R-85-161
180
58
AUTHORIZE AGREEMENT: OLEARY BROKAW AND
ASSOCIATES INC. CHIEF FIRE OFFICER ASSESSMENT
CENTER CONSULTANT.
R-85-162
180
59
AUTHORIZE EMPLOYMENT FOR SIX LEGAL CLERKS.
COLLEGE WORK STUDY PROGRAM OFF CAMPUS PROJECT.
R-85-163
181
60
AUTHORIZE CITY ATTORNEY TO EMPLOY AMY DEAN ESQ.
TOSERVE AS CONSULTANT: MIKELE CARTER VERSUS CITY
AND JOSE GARCIA PEDROSA.
R-85-164
182
61
DIRECT CITY MANAGER TO PURCHASE 1—PAGE
ADVERTISEMENT IN "JET" MAGAZINE IN CONSIDERATION
OF THEIR PUBLICITY EFFORTS IN BEHALF OF THE
CITY.
M-85-165
18
62
ALLOCATE $3,145.83 10TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRABNT FBUNDS ($37,750 1/12TH
FUNDING TO MLKEDCO MARTIN LUTHER KING
DEVELOPMENT CORPORATIOON)
R-85-166
183
R'
RETAINING LAW FIRM OF GREENBERG, TRAURIG, ASKEW,
HOFFMAN, ETC. AS LOCAL BOND COUNSEL TO ASSIST
BROWN, WOOD, IVEY, MITCHELL AND PETTY-1985 SALE
OF GENERAL OBLIGATION BONDS. R-85-167
184
0 0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * *
On the 14th day of February, 19859 the City Commission _
ami, Florida, met at its regular meeting place in the
Hall, 3500 Pan American Drive, Miami, Florida in —
ar session.
The meeting was called to order at 9:20 O'Clock A.M. by
Maurice A. Ferre with the following members of the
ssion 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 **
* arrived 9:48 A.M. —
** arrived 10:24 A.M.
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 Commissioner Plummer
.hen led those present in a pledge of allegiance to the
3
----------------------------------------------------�-�.w
1. PLAQUES, PRESENTATIONS AND SPECIAL ITEMS.
------------------------------------------------------------
COMMENDATIONS AND PLAQUES presented to Jose R.
Fernandez and Donald G. Bergeson as Outstanding
Employees of the Year for 1984.
PROCLAMATION declaring YMCA of Greater Miami Day for
their annual membership drive presented to Douglas G.
Dennison, Vice President.
PROCLAMATION to Raul Orchilles, 8 years old for his many
accomplishments.
------------------------------------------------------------
2. PROCLAIMING ST. PATRICK'S DAY. & PERMITTING STREET
CLOSURE.
Mr. Carollo: If we may have John Shields come up for the
St. Patrick's Day Parade.
Mr. Dawkins: Mr. Vice -Mayor, we have a request to close the
streets for the St. Patrick's Day Parade. They want to
close the street on the 16th and the 17th - Flagler.
Mr. Carollo: Can you make a motion?
ld
1 February 14, 1985
9
\;
awkins: I so move.
lummer: Second.
'arollo: There is a motion and a second. Roll call,
lerk.
The following resolution was introduced by Commissioner
ns, who moved its adoption:
RESOLUTION NO. 85-82
A RESOLUTION CONCERNING THE 1985 ST.
PATRICK'S DAY PARADE AND IRISH FESTIVAL ON
MARCH 16 AND 179 1985, CLOSING CERTAIN
STREETS TO THROUGH VEHICULAR TRAFFIC DURING
SPECIFIED HOURS FOR THE PARADE ON MARCH 169
19859 AND ESTABLISHING A PEDESTRIAN MALL;
SAID STREET CLOSING SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES;
ESTABLISHING THE AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT;
FURTHER ALLOWING A ONE -DAY PERIOD BY THE ST.
PATRICK'S DAY PARADE COMMITTEE IN CONNECTION
WITH THE IRISH FESTIVAL TO BE HELD AT
BAYFRONT PARK ON MARCH 179 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 Plummer, the
Lution was passed and adopted by the following vote -
i NOES:
ABSENT:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
None.
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
-------------------------------------------------------------
3. PLAQUES, PRESENTATIONS AND CONDOLENCES CONTINUED.
------------------------------------------------------------
CERTIFICATE OF APPRECIATION to Dianne Levenshon for her
poster "Miami".
RESOLUTION OF CONDOLENCES to family and friends of Alvin
E. Fuller, former City of Miami Finance Director, City
Manager and Public Safety Director.
PRESENTATION to City of Miami & Police Department for
their support of Orange Bowl Marathon by International
Center of Florida, Coleman Travelstead, Executive Vice
President.
NOTE FOR THE RECORD: !MINUTES OF OCTOBER 319 NOVEMBER 69
DECEMBER 21 AND OCTOBER 25 WERE APPROVED.
t
Id 2 February 14, 1985
0 0
CONDOLENCES: DEATH OF HERMAN FERRE.
Plummer: I would like to offer a motion expressing the
olence of this Commission and the City to Mayor Ferre
the passing of his uncle, Herman Ferre, in Puerto Rico,
I so move.
Dawkins: Second.
Carollo: Will you call the roll, Mr. Clerk?
The following resolution was introduced by Commissioner
imer, who moved its adoption:
RESOLUTION NO. 85-83
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND
SINCEREST CONDOLENCES OF THE CITY COMMISSION
ON BEHALF OF THE CITY OF MIAMI AND ITS
CITIZENS TO THE FAMILY AND FRIENDS OF HERMAN
FERRE, UPON HIS DEATH.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the _
>lution was passed and adopted by the following vote -
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo —
3: None .
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
------------------------------------------------------------
9. CONDOLENCES: DEATH OF ROLANDO SABINES
------------------------------------------------------------
Mr. Plummer: Likewise the same resolution of condolences to
be offered to Mr. Luis Sabines on the passing of his
brother, Rolando in Puerto Rico, I so move.
Mr. Dawkins: Second.
Mr. Carollo: Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-84
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND
SINCEREST CONDOLENCES OF THE CITY COMMISSION
ON BEHALF OF THE CITY OF MIAMI AND ITS
CITIZENS TO THE FAMILY AND FRIENDS OF
ROLANDO SABINES, UPON HIS DEATH.
(Here follows body of resolution, omitted here
4 and on file in the Office of the City Clerk.)
'' Id 3 February 14, 1985
i
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
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
------------------------------------------------------------
6. CLOSE CERTAIN DOWNTOWN STREETS IN CONNECTION WITH "GRAND
PRIX HAPPENING"
------------------------------------------------------------
Mr. Plummer: I have a request from Mr. Willy Gort for the
closing of N. E. 3rd Avenue between Flagler Street and N. E.
1st Street for the Downtown Miami Grand Prix happening to
take place on Friday, February 22 between noon and 7:00 P.M.
Mr. Vice -Mayor, I move this subject to the Administration
and the Police Department. I so move.
Mr. Dawkins: Second.
Mr. Carollo: There is a motion and a second. Call the
roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION N0. 85-85
A MOTION GRANTING REQUEST MADE BY
REPRESENTATIVES OF THE "MIAMI GRAND PRIX
HAPPENING" FOR CLOSURE OF THE NECESSARY
STREETS ON N. E. 3RD AVENUE BETWEEN FLAGLER
AND N.E. 1ST STREET, IN CONNECTION WITH SAID
EVENT WHICH WILL BE HELD FEBRUARY 22ND
BETWEEN NOON AND 7:00 P.M., SUBJECT TO THE
APPROVAL OF THE ADMINISTRATION AND THE
POLICE DEPARTMENT.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
------------------------------------------------------------
7• ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS DURING 1985
MIAMI GRAND PRIX.
------------------------------------------------------------
Mr. Plummer: I offer a resolution establishing the area
prohibited to retail peddlers during the prescribed hours of
February 23 and 24, 1985, in connection with the 1985 Miami
1d 4 February 140 1985
Grand Prix. A brief note - the City derives its income from
those sales of the souvenirs and all and this is to prohibit
anyone from going in there that is not a licensed
concessionaire and that way the City will derive its revenue
M properly and it has not been in the past. I think it is a
good ordinance, and I so move.
Mr. Dawkins: There is a motion and a second. Call the
roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-86
A RESOLUTION ESTABLISHING THE AREA
PROHIBITED TO RETAIL PEDDLERS DURING
PRESCRIBED HOURS ON FEBRUARY 23 AND 249 1985
IN CONNECTION WITH THE 1985 MIAMI GRAND
PRIX.
(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
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
---------------------- -- -- ------ -- --- --- --- -- -
8. FUTURE OF URBAN AMERICA CONFERENCE - SEE LATER MOTION
85-100. (Also see Label Number 30)
------------------------------------------------------------
Mr. Plummer: I have here a pocket item asked to be brought
up by the Mayor - Dr. Padron is present. It is in reference
to something that this Commission passed, I think, and
funding has not been forthcoming, is that correct? Would
you get up and present your case and correct me where I am
wrong.
Dr. Eduardo J. Padron: Eduardo J. Padron, 601 S. W. 11th
Street, Numbers 433129• I am here on behalf of Miami Dade
Community College and the Greater Miami United. We are
asking for your assistance in partially funding the proposed
conference entitled "The future of Urban America, Challenges
and Opportunities". The aim of the conference is to bring
to Miami the Mayors from six of the largest American cities,
including San Francisco, New York, Chicago, Los Angeles, San
Antonio and Atlanta for a conference to discuss the issues
of urban America today, especially that of the cities.
_ Mr. Plummer: Dr., let me cut you short if I may. When is
this scheduled to take place?
Dr. Padron: March 16th.
Mr. Plummer: All right, the Manager informs me he has not
had the opportunity to look this over. I would suggest
that if you are asking for funding, he is the one who has to
find it if it is available. I would at this time make a
Id 5 February 14, 1985
f
motion that we turn you over to the Manager. He might be
able to come back with an answer this afternoon, but at the
latest on the 28th and I would offer Mr. Vice -Mayor that in
the form of a motion.
Mr. Dawkins: I will second the motion with the change of
wording to let refer this to the Manager, but J. L., you
have been turning people over! (LAUGHTER) So therefore, if
we refer this to the Manager for his consideration, I will
second the motion.
Mr. Carollo: Does the maker of the motion accept that?
Mr. Plummer: Yes, I accept it!
Mr. Carollo: Call the roll, Mr. Clerk.
MOTION referring this item back to Manager
was approved but amended by later Motion
Number M-85-100.
9. DISCUSSION ITEM: FUNDING REQUEST FOR "PARADISE OF
CHILDREN PERFORMANCE" (Funding not recommended)
Mr. Plummer: I am sorry Doctor, I got confused - the Mayor
has asked me to bring this one up by Bill Turner. Is Jose
or Diana Martin present? They had been granted a grant - is
that correct? ... of money by this Commission in reference
to the the performances entitled the "Paradise of Children"
Funds from the City of Miami were expected to help defray
the costs of these performances, however One Art has not
received any aid to this date. Would you like to make your
presentation? Is an action that has already been taken by
a the Commission?
Ms. Jo Hash: We have done performances. You had given us
$350 the last time I appeared here. That was to pay the
Joseph Caleb Center, because they were literally knocking
down our doors. We need additional funds to pay all the
debts that we have incurred from the performances that were
done in December.
Mr. Plummer: All right, your letter does not ask what you
are asking for.
Ms. Hash: Okay, if you will allow me just a ...
Mr. Plummer: Briefly.
Ms. Hash: Briefly, I have a brief paragraph - I promise.
I Mr. Plummer: Put your name in the record please.
Ms. Hash: My name is Jo Hash. I live at 14051 S. W. 72nd
Terrace and I am here with Jose and Dianna Martin,
representing One Art Ballet Theatre. We requesting funds of
$80650. This money will be used to pay debts that we
incurred when we presented our annual children's ballet
program. We have done this program for the last four years.
It is a ballet that is specifically for children. It is
choreographed for children; it is performed children. This
year we performed in front of 2,000 school children at Miami
Senior High. Several days later we were at the Caleb Center
for Inner-city children and special education children.
These performances have always been free. We have appeared
before you under the category of festival money
Id 6 February 14, 1985
Mr. Plummer: Ma'am, briefly means you are asking for
$8, 000.
Ms. Hash: Yes, we need to pay our bills - that is scenery,
lighting ...
Mr. Plummer: Understand. All right, I understand the
Administration has had the opportunity to review, and I
would ask them at this point for their recommendation.
Mr. Carl Kern: Mr. Commissioner, Carl Kern, Director of
Parks and Recreation. We don't recommend funding this.
They have already had their dance. They incurred expenses
without the consent of the City. They came before the
Commission previously and the Commission awarded them $350
for the rental of the Caleb Center. Now they have come back
and they want the balance of the money, another $8,650 to
cover the debt that they ran up without City approval. We
don't recommend this. There is just no money to do this
sort of thing. There were many groups, later on as you will
see, were denied funding too.
Mr. Plummer: Okay. A very short rebuttal - not a
paragraph, a sentence.
Ms. Hash: Okay, we began rehearsals for these performances
the end of the summer last year and by September we had
already had close to 1,000 reservations from schools and
school children. Since we have done this for four years, it
was extremely difficult for us at that time to call back all
of the schools that had made reservations with us and tell
them "I am sorry, we cannot do this performance this year"
and so we did go ahead on the basis of that and subsequently
1,000 more reservations with our performances, hoping
desperately that you would fund us, which you have done in
the past.
Mr. Plummer: Well, Ma'am, you have heard the
recommendation. The money is not there and I am not saying
this for your particular case - funding of this City is
getting more difficult and from what we read in the paper,
it is going to be even more difficult in the future. Next
year you will probably be lucky if you get your $350. I am
just saying that - I am not disposed at this time to make
such a motion, other than to uphold the Administration's
recommendation. Now, of course, any other Commissioner here
is free to make a motion if he wishes.
Mr. Carollo: What motion are you making?
Mr. Plummer: I am not making a motion. Their request is
for $8,000 additional dollars. The Administration has said
that they don't recommend it, but they did give $350 and
they cannot further recommend. So I am not ... I brought
this up for the Mayor. I am disposed at this time to make
such a motion to approve, so there is no action needed at
this point unless some Commissioner wants to approve this
item.
Mr. Carollo: Commissioner Dawkins? I'm sorry.
ld 7 February 14, 1945
Mr. Plummer: We tried.
Ms. Hash: Thank you.
----------------------------------------------------------------
10. DISCUSSION ITEM: "THANE YOU" TO CHIEF CLARENCE DICKSON
FOR JOB WELL DONE IN DRUG CLEANUP EFFORT IN LIBERTY
CITY.
------------------------------------------------------------
Mr. Plummer: The only other thing, Mr. Vice -Mayor and I
would like to do this in conjunction, I think with the
unanimous support of the Commission. Chief Dickson, this
Commission and rightfully so in the past, has always found
it very easy to criticize when something was wrong and I am
going to speak for myself and let the others speak for
themselves, but I think we probably are one of the few times
in unity. This Commission asked you to go out and do a job
and I think we should be just as quick to praise when you
are doing a good job, and I know as far as I am concerned
from the press that I have been reading about what you have
done in the area of the drugs in Liberty City, that you are
doing what this Commission requested. A very special
thanks, I think must go to you and the members of your
Department, and in particular to Bob Apte, who is heading up
that - I understand, that segment of the operation.
NOTE: Commissioner Demetrio Perez arrived at 9:48 A.M.
Chief Dickson: And Lt. Ed Carberry.
Mr. Plummer: To all of them - okay, I just want to say that
as far as one is concerned, I think you are doing a good
job. You are doing what we asked and I hope you will keep
up the good work.
Chief Dickson: Thank you very much, Commissioners. Thank
you, Commissioner Plummer, I appreciate that very much.
-----------------------------------------------
11. URGE MIAMI MOTORSPORTS TO PROHIBIT CONTESTANTS FROM
NAMIBIA AND SOUTH AFRICA.
------------------------------------------------------------
Mr. Dawkins: Mr. Vice -Mayor, at the time, there was a lot
of discussion as to the participants of South Africa in the
Miss Universe Pageant. Everyone in the Black community and
everywhere else was concerned, so therefore I would like to
pass the same resolution regarding the Grand Prix that we
passed for the Miss Universe and the resolution is -as
follows: (AT THIS POINT Commissioner Dawkins read
resolution into the Public Record). I offer such a motion.
ld 8 February 14, 1985
4r. Plummer: I second it.
Qr. Carollo: There is a motion and a second. Hearing no
"urther discussion, call the roll.
The following resolution was introduced by Commissioner
)awkins, who moved its adoption:
RESOLUTION NO. 85-88
A RESOLUTION URGING MIAMI MOTORSPORTS, INC.
TO PROHIBIT A CONTESTANT FROM OR A VEHICLE
SPONSORED BY AN ENTITY FROM THE REPUBLICS OF
SOUTH AFRICA AND NAMIBIA FROM COMPETING IN
THE MIAMI GRAND PRIX.
(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 -
OYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Mayor Maurice A. Ferre
------------------------ ------------------------------------
12. GRANT REQUEST FOR FUNDING - $35,000 "MISS COLLEGIATE
BLACK AMERICA PAGEANT".
------------------------------------------------------------
Mr. Dawkins: The other pocket item I have, Mr. Knox, at the
time we sponsored the Miss Universe, we said that we would
sponsor such an affair, if it came before us - the Miss
Collegiate Black America Pageant is here and I will let Mr.
Knox make a presentation. I understand this has been
approved. Mr. Manager, was this approved by the
Administration in concept?
Mr. Rosencrantz: Excuse me, Mr. Dawkins, one of 'the items
on the agenda this morning is a review by the City
Commission of the festival policy. As part of that review,
we have given each of you a memorandum yesterday and we will
- give you an additional copy today of the Administration's
implementation of that policy and our recommendation as it
relates to those funding requests which would be applicable
to that policy. That policy that was developed was on the
City Commission agenda the last meeting and you were unable
to have a chance to review it. We developed the policy in
direct accordance with the suggestions that were made by the
members of the City Commission at an earlier meeting. What
we have simply done today and you have the memo there with
you, is to apply that policy to all those funding requests
that we have received.
Mr. Dawkins: Mr. Knox, what will the City benefit from
this?
Mr. George Knox: For the record my name is George Knox.
Thank you, Commissioner Dawkins. The Miss Collegiate Black
America Pageant is designed, of course, to bring a
substantial amount of publicity to the City of Miami. It is
scheduled to be held right here on Dinner Key. The people
0
are involved have assembled a production team of
�ionally renowned individuals has done a great deal of
nework. The event is scheduled to take place in April.
has developed a bare -boned minimum $125,000 budget. It
s received a commitment from Metropolitan Dade County and
it staff has recommended a number of checks and balances,
ich we believe will be sufficient to make the City feel
lure about the success of the pageant; including a
luirement that there be a commitment for national media
Dosure before disbursement is made; including the
tablishment of a trust fund to provide scholarships to the
ang woman who are winners in the pageant competition; and
eluding a commitment that the sponsors of the pageant
ise $25,000 in cash from the private sector. Now, our
iginal request, which was reviewed by the staff, leading
to the Manager was for $60,000 in cash and approximately
5,000 in in -kind services and contributions, and that is
a request. Then again, it is based upon a minimum bare-
nes budget and the City's commitment. We do not expect
y disbursements until after the obligations are met - -
ncerning the acquisition of private funding and a
arantee of national media exposure.
. Dawkins: What is the commitment from the county?
. Knox: The county has committed ... the Council of Arts
d Sciences has committed $35,000 in cash to date.
• Dawkins: $35,000.
. Knox: Yes. -
. Dawkins: That is the county - now you said Arts and —
iences. What is that?
. Knox: That is the agency of the county that makes the
nding recommendations.
Mr. Dawkins: The county is giving $35,000, okay?
Mr. Knox: Yes, sir.
Mr. Plummer: Well, that is not a true statement.
Mr. Carollo: Well, out of which you are right in that, out
of which really since we ...
Mr. Plummer: That is out of bed tax.
Mr. Dawkins: But the part I am getting to is, you are
getting $35,000 from the county - you want $60,000 from us
and the sponsor is only coming up with $25,000.
Mr. Knox: Yes, sir.
Mr. Dawkins: It won't work.
Mr. Knox: Well, there are also other opportunities in the
private sector in order to meet the budget. The important
thing is that while we are asking for a substantial amount
from the City, the City is the direct beneficiary of the
pageant and the City has suggested some obligations that
will insure, Number one, that the process will be successful
and Number two, that the City will receive its exposure.
Mr. Dawkins: How many scholarships will be given.
Mr. Knox: Five scholarships.
ld
10 February 14, 1985
Mr. Dawkins: Five one year scholarships or five four year
scholarships?
Mr. Knox: Well, a lot of it, of course, would depend upon
the revenue generated by the operation of the Pageant. Let
me ask Frank Macado, who is the president, or Mr. Rick Katz,
who is representing him to answer those specific questions,
if you don't mind.
Mr. Rick Katz: Good morning sir.. The amount of
scholarships that will be given will be totally
approximately $15,000 to $20,000, depending upon the
revenues that are raised at the gate. They will be one year
scholarships that will apply during the time of the
contestants reign, that will be given from the winner to the
fourth runner-up.
Mr. Dawkins: Okay, the only problem I have with that - I am
accustomed to, especially in my neighborhood, one year
scholarships. So you get a bright student in school and the
only reason. he got there is because of your scholarship.
Then, at the end of the year, the student does well, and
then what happens to him? It comes home! So really and
truly, I mean, in my opinion - now, this is just my personal
opinion - see, we haven't done anything!
Mr. Katz: These contestants, sir, are already in college
and they are usually college juniors or seniors. These
scholarships will enable them to finish their final year of
school, in addition to paying off any debts that they may
have incurred while they are in school, but these
contestants are already college juniors.
Mr. Dawkins: How many scholarships? Five scholarships, and
five into $15,000 is $3,000, so you explain to me what how
you can maximize $3,000 in paying a year's tuition, buying
books, providing transportation, and other incidentals.
Mr. Katz: Okay, sir. The winner is to receive $7,500
scholarship, and each contestant afterwards will be given a
scholarship on a graduated scale, all the way down to $1,000
for the fourth runnerup. The way the scholarships were
designed, they were not designed to provide full funding for
the contestant's final year of college.
Mr. Dawkins: Mr. Vice -Mayor, I would like to make a motion
that we provide the same thing from the same source as the
County is providing and that it has to meet the criteria and
the rules set up by the Manager before any funds are
disbursed.
Mr. Plummer: Second the motion.
Mr. Carollo: Commissioner, you have had a second to your
motion, but can you outline exactly the dollar amounts that
you are referring to, make sure that ...
Mr. Dawkins: Okay, the specific dollar amount that he said
he got from the county is $35, 000 from Festivals and Arts,
is that correct?
Mr. Knox: Council of Arts and Sciences.
Mr. Dawkins: The Council of Arts and Sciences. Mr. Plummer
said that is bed tax money. Is that correct, Mr. Plummer?
Mr. Plummer: Yes, it is. The Arts and Council ...
Mr. Dawkins: Well, I am saying that from our bed tax money,
we give the same money. Is that possible, Mr. Manager?
ld 11 February 14, 1985
Mr. Rosencrantz: Hold on a second.
Mr. Carollo: Well, being open for discussion - the
Commissioner asks a question.
Mr. Odio: Commissioner, the answer to that question is that
we would have to go in front of the Tourist Development
Council and request the funds from them, but the Arts &
Science Committee already has allocated all the funds for
this year.
Mr. Plummer: Excuse me, Cesar - they have already received
a grant from Arts and Science.
Mr. Odio: No, but he wants us to go back to them and get
the funds from them.
Mr. Plummer: No, no. You are confused.
Mr. Odio: Oh, I misunderstood, then.
Mr. Plummer: No, no. What the Commissioner is saying is,
that he would like to give a like amount that was given by
the county, even in recognition that was A and C money from
the bed tax.
Mr. Odio: I understood that he wanted the money to come out
of the bed tax money and there are no funds, as you know.
Mr. Dawkins: Hold it, like the Vice -Mayor says, we are
} getting into something we don't need. All right, we have
funded the Miss Universe Pageant. We have funded the Miss
Teenage Pageant, now we are going to fund this, but we are
not going to throw away money! Okay? So let's find $35,000
to give them to put this pageant on and I will promise you
faithfully if it is not successful, and we do not receive
the television coverage you promised us, and etc., if I am
re-elected, I will be one voting against you next year.
Mr. Rosencrantz: Commissioner Dawkins, may I suggest to
you, if you are talking about an amount of $35,000 ...
Mr. Dawkins: Hold it, Mr. Manager, you all find money for
everything else. Find $35,000 for these people. Call the
roll, Mr. Vice -Mayor.
Mr. Carollo: Commissioner, if I may, we are up for
discussion, I'd like to ask a few more questions. I
certainly understand your feelings. Mr. Manager, out of the
bed tax money, what percent of that bed tax money comes from
the City of Miami?
Mr. Plummer: Approximately 44% to 45%.
Mr. Odio: 45%.
Mr. Carollo: Close to 40% of it?
Mr. Plummer: Correct.
Mr. Carollo: That is what I thought. Now, out of the
$35,000 that the county, through the Council of Arts and
Science has promised them, that means that 40% of that
already is City of Miami money, correct? That is what I
wanted to establish on the record.
Mr. Dawkins: That is why I didn't go for the $60,000, and
for $30,000 or $35,000, but we are still funding the
project.
ld
12 February 14, 1985
P
Mr. Carollo: Mr. Manager, go ahead, sir.
Mr. Rosencrantz: Mr. Vice -Mayor, may I suggest, the
original motion, I think was to the effect that the money
should come out of the bed tax. I would like to suggest to
the Commission that if that is not possible, or not legally
possible, that the Commission authorize me to find some
funds from other sources for that purpose.
Mr. Carollo: Would you like to reword your motion,
Commissioner?
Mr. Dawkins: Okay, I make a motion that the Miss Collegiate
Black America Pageant and Festival be funded for the like
amount of $35,000 and that the Manager be directed to find
said amount and give it to this group to work with, and also
that this be brought back in the afternoon for second
reading so that we can get it done and it not be held up.
Mr. Rosencrantz: It is a resolution.
Mr. Carollo: Now, the original motion has been withdrawn
and a new one has been made. What it is, J. L., is that it
is really making the same motion, with the exception is,
that if the Manager can't find the money in bed tax, that he
authorized to find it somewhere else in the City budget.
Mr. Knox: Mr. Vice -Mayor ...
Mr. Carollo: There is a motion and a second. We are still
in discussion. Mr. Knox.
Mr. Knox: Thank you, sir. Would you please also include
the response to the request for in -kind. I think that was
about $16,500 in services.
Mr. Dawkins: I want somebody else to maybe make the motion.
I told him $35,000, period.
Mr. Carollo: It is still open for discussion.
Mr. Knox: Well, let me make that request and also ask you
if you would please allow us the privilege, if and fact, we
use every effort and resource available, and find a
shortfall as the pageant continues to be developed and if
all of the commitments that are implicit in the resolution
have been met - would you please permit us to come back for
an additional request.
Mr. Dawkins: If you come back and bring me letters where
you have requested Lowenbrau, who is spending millions of
dollars on the Grand Prix, where you have requested money
from Budweiser - Negros (Blacks) buy Budweiser beer - if you
go to Pabst Brewery, Millers Brewery, and if you go to
Eastern Airlines, Pan American Airlines, and you bring me
letters from all them saying that you applied and they
didn't give you nothing, than I would consider it, sir.
Mr. Knox: Thank you so much, now would you please consider
the in -kind question.
Mr. Plummer: Did they call the roll?
Mr. Carollo: No, if we could hold off, Mr. Clerk, we are
still in discussion. George, what you all are trying to do
is something that I think is very positive for this
community, as a whole, not just the Black community in
Miami, and I think you should be complimented in the work
you are all trying to do, and I think that the efforts that
ld 13 February 14, 1985
Commissioner Dawkins has taken, to try to reach a compromise
that is fair should be complimented. Let me tell you how I
feel, and I am going to vote with the motion, but I want to
establish on the record is that, at least, as I feel, this
is the last beauty pageant that we are going to sponsor, and
let me tell you why. Miss Universe Pageant, that includes
Miss U.S.A., Miss Teen U.S.A., they are pageants that
include everybody - all ethnic groups, all racial groups -
all nationalities. What the City of Miami can't afford to
do now is to get into the position that we are going to
start funding all kinds of pageants. Before you know it,
you might have a dozen different ethnic groups coming up to
sponsor individual beauty pageants. We expect to have
possibly anywhere from $10,000,000 to $15,000,000 shortfall
for next year's budget. We all ... and I hear the news, the
news is that there is going to be a heck of a lot less
dollars coming from Washington and the State of Florida than
we have had in our previous years. Therefore, we have to be
even more conservative - much more than we have in the past,
so I am going to vote for this motion, but at no time in the
future am I going to vote for any other pageants than the
three that we have agreed to sponsor in the Miss Universe,
Inc. pageants. Any further discussion - Commissioner?
Mr. Dawkins: Yes, I agree -in total with what Commissioner
Carollo says, and I would suggest, Mr. Knox, that you get in
touch with Mr. Glasser and just like they have farm clubs
for football teams and baseball teams, this might be a way
for him to get a quality candidates from the Black colleges
representing Miss America if he helps you fund it. I don't
know, but it is some way, like he says, it can be done.
Mr. Carollo: I think it is a good idea, Commissioner. Not
only that, but he might be able, George, to give you some
s ideas on how to go about getting some additional financing
from some sponsors. Maybe some of his might be willing to
help and be a sponsor for you. Hearing no further
discussion, can we call the roll, Mr. Clerk?
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-89
A MOTION GRANTING A REQUEST BY Mr. GEORGE
- KNOX, AS REPRESENTATIVE OF THE "MISS
COLLEGIATE BLACK AMERICAN PAGEANT" AND
DIRECTING THE CITY MANAGER TO IDENTIFY A
FUNDING SOURCE, IF NOT FROM THE BED TAX
MONEY, FROM ANY OTHER SOURCE, TO GRANT
$35,000 IN CONNECTION WITH SAID EVENT,
MATCHING CONTRIBUTION PLEDGED BY
METROPOLITAN DADE COUNTY; FURTHER
STIPULATING APPLICANT MUST MEET THE CRITERIA
SET UP BY THE CITY MANAGER BEFORE THE CITY
COMMISSION ON THIS DATE PRIOR TO ANY FUNDS
BEING RELEASED BY THE CITY; AND FURTHER
DIRECTING APPLICANT TO ACTIVELY SEEK OTHER
FUNDING SOURCES AND, IF SAID EFFORTS PROVE
TO BE NEGATIVE, APPLICANT WILL BE ALLOWED TO
COME BACK BEFORE THE CITY COMMISSION TO TRY
AND REQUEST AN AMOUNT NOT TO EXCEED $16,000
IN IN -KIND SERVICES IN CONNECTION WITH SAID
EVENT.
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
ld 14 February 14, 1985
j
f
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Mayor Maurice A. Ferre
-------------------------------------------------------------
13. ALLOCATE $89345.75 MARCH OF DIMES WALKAMERICA - MARCH
230 2985.
------------------------------------------------------------
Mr. Carollo: If I may real briefly - I have a request form
Alan Rosenthal to do Item 91. He has a time constraint.
Mr. Dawkins% Move it.
Mr. Carollo: There is a motion on Item 91. Alan, do you
want to reinforce what the request is?
a Mr. Alan Rosenthal: Yes, thank you Vice -Mayor Carollo and
i members of the Commission. My name is Alan Rosenthal, 3050
Biscayne Boulevard, Suite 800, Miami. I am here today as a
volunteer for the March of Dimes fight against birth
defects. Briefly, if I might, members of the Commission,
the March of Dimes is the only organization in the history
of mankind that set out to conquer a disease and actually
did it. That is when we beat polio back in the 1950's and
since that time the March of Dimes has taken on birth
? defects, which constitutes the Number one killer of children
in the United States, affecting 250,000 babies born every
year, and currently affecting over 15,000,000 Americans.
The March of Dimes conducts, on an annual basis, its
WalkAmerica program, which is a pledge walk where
participants go out and walk in the streets of Miami to
raise money for the fight against birth defects. Last year
over 8,000 participants walked from the Orange Bowl out to
the University of Miami and back to the Orange Bowl which we
have for 14 years, and raised over 410,000. This year for
the first time, we have moved the route, the proposed route
in our Walkathon to commence in Coconut Grove at the
Exhibition Center out to the streets of Coconut Grove, out
Old Cutler and back into Coconut Grove. Over 150 companies
and organizations participated teams in this event and we
are expecting over 10,000 participants. Out of the money
that is raised from the Walkathon this year, over a $250,000
of it will actually be spent within the City limits of the
City of Miami and will be used to fund medical research
grants and education programs directly aimed at the citizens
of the City of Miami, as well as the remainer of Dade County
and Monroe County. We have before the Commission this
morning, a request for a number of items, the closing of
some of the streets on the morning of March 23rd, the date
of the Walkathon in Coconut Grove. We have a request for
funding for the rental of the Coconut Grove Exhibition
Center, of approximately $8,300. We have a small request of
under $3,000 of in -kind services to the City of Miami Police
Department, Fire Department, some various other requests
contained in the proposed resolution for beer waivers for
Peacock Park, use of the Showmobile and the Community Center
Peacock Park. This event, members of the Commission, is one
of the most exciting community events that takes place
during the course of the year. It is participated in by the
young people of our community, corporations, businesses,
organizations, all coming out for one day, to raise money
for the fight against birth defects. One of the unique
_ things of this organization and the fight against birth
defects, is that we have achieved successes year in and year
Id 15 February 14, 1985
out. The screening programs detect such illnesses as sickle
cell anemia and others - development of vaccines against
R.H. disease and rubella; development of the birth defects
information system, intra-uterine surgery, all programs on-
going, right now, within the City limits of the City of
Miami. The direct benefits to the citizens of this
community is the enthusiasm that is generated by all the
participants - the direct medical services and research
efforts, which benefit every newborn baby in the City of —
Miami. It works. We are achieving successes and with the -
co-sponsorship of the City of Miami in this event, we will
continue to achieve successes and before I conclude, I would
like to thank the following members of the staff of the City
of Miami who have made it possible to get us to this point
in helping us to coordinate our proposal - Cesar Odio, Carl
Kern, Kathy Leff, Susan McKay, Sgt. Harvey Bock, Paul Young
and Lt. Dan Meadows and various departments of the City of
Miami who have pulled together to help us coordinate our
proposal to ask for the minimum amount of funds, the total,
including in -kind services, is under $1 1 9 000 and with that,
members of. the Commission, we will be able to perform
services, provide grants and educate the people of our
community to a cost benefit greatly in excess of that
invested by the City. I must point out that the City of
Miami will be a co -sponsor -of this event regardless of the
vote of this Commission, because our forms and posters have
already been printed. However, we do seek your support and
approval of this resolution and look forward to this
partnership with the City of Miami, and finally, I invite
all of you to come out with us and walk together as part of
WalkAmeriea, part of the 1,000,000 people around the country
that this spring will be walking to fight birth defects. J.
L., you can make it all 20 kilometers, no problem!
Mr. Plummer: Yes, I just want to tell you, Mr. Rosenthal, that you can be funny at Tiger Bay, but you can't be funny
here. If you think we are going to walk ...
Mr. Dawkins: Mr. Vice -Mayor, can we have an Administration
recommendation, please?
i
Mr. Carl Kern: Yes, sir. Carl Kern, Parks and Recreation.
We recommend Item 91.
Mr. Plummer: And the amount?
Mr. Carl Kern: $8,345 from Special Programs and Accounts.
Mr. Plummer: I second the motion.
Mr. Kern: $2,700 in in -kind services, plus the street
closing, the beer permit, or ...
Mr. Carollo: Commissioner Dawkins makes a motion.
Commissioner Plummer seconds it. May we call the roll, Mr.
1d 16 February 14, 1985
L
f
Clerk.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-90
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $$89345.75 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE FUND, FOR FEE
WAIVERS IN CONNECTION WITH THE MARCH OF
DIMES WALKAMERICA TO BE HELD IN MIAMI ON
MARCH 239' 1985; FURTHER AUTHORIZING THE
PROVISION OF A TOTAL AMOUNT NOT TO EXCEED
$2700 IN IN -KIND SERVICES FROM THE OPERATING
BUDGETS OF THE DEPARTMENTS OF POLICE, FIRE,
PARKS AND RECREATION, AND BUILDING AND
VEHICLE MAINTENANCE IN SUPPORT OF THE EVENT;
SAID ALLOCATION BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY NO. APM-1-849 DATED
JANUARY 24, 1984; AUTHORIZING SAID GROUP TO
DISPENSE BEER AT NO CHARGE IN PEACOCK PARK
ON MARCH 239 19859 IN CONNECTION WITH SAID
EVENT; AND FURTHER AUTHORIZING THE CLOSING
OF DESIGNATED STREETS SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF
POLICE AND FIP.E, RESCUE, AND INSPECTION
SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
NOES: None.
ABSENT: Mayor Maurice A. Ferre
Mr. Carollo: I would like to congratulate you and all the
staff and the workers and people that have participated in
such a well worth -while organization.
Mr. Rosenthal: Mr. Vice -Mayor, thank you very much. I
would like to, before I step down introduce the Chairman of
the South Florida March of Dimes, Mr. Joseph Schmidt and
Miss Sherill Virgo, our WalkAmerica coordinator on our
staff, and we thank you all very much for your support and
look forward to seeing you on March 23rd.
14. DISCUSSION: POLICE PREVENTION MEASURE IN JOSE MARTI
PARK COST OF PARKS MAINTENANCE - MGR. TO DISCUSS AT NEXT
MEETING.
Mr. Perez: I have one or two pocket items.
Mr. Carollo: I apologize. I should have known better that
you would have a few pocket items this morning.
ld 17 February 14, 19$5
Y
Jt'
6 f
Mr. Perez: First, Mr. Vice -Mayor, on the 28th of January we
had the inauguration of Jose Marti Park that I excused there
your absence.
Mr. Carollo: And I thank you very much, Commissioner.
Mr. Perez: I think that you were in the hospital that day,
no?
Mr. Carollo: They were trying to get me there, but I wasn't
there.
Mr. Perez: At that time we received a request from
different community groups in order to have some kind of
protection, some kind of police prevention at Jose Marti
Park. I had the opportunity to speak there. I tried to
emphasize that request, and I offered to bring before the
City Commission. I made contact with the Parks and
Recreation Department before. I have not received yet any
proposal, but I would like to ask the Administration if they
have any study on this.
Mr. Carollo: Commissioner, while the Manager is trying to
answer your question, let me say that what you have brought
up I think is very important issue for that particular area
of the City at this time and no doubt about it it is still
is a great concern and I think J. L. would agree that we
brought up for that time is an area that really hasn't been
dealt with appropriately up to now.
Mr. Carl Kern: To respond to your question, Commissioner
Perez - Carl Kern, Parks and Recreation. We concur with
your sentiments 100%. We have prepared some budgets on
everything from maintenance of the park, security, and
basically how the park will be funded. Right now we are
looking to the different departmental line item budgets
trying to figure out how we can fund this and we anticipate
to finish this review and come back with recommendations
from the Administration on the amount of funding and where
it would be funded from.
Mr. Perez: Okay, what I would like to request the
Administration is that at the next regular Commission
meeting we have the opportunity to have on the agenda formal
recommendation from the Administration. In this case, I
have suggested cultural planned program that I think was
drafted by Mr. Hernandez Lizaso, bu} I would like that your
department gives the proper consideration, making a formal
recommendation for it. I think that we have to promote some
kind of cultural activity, but the same thing that we are
doing in all the parks at this time, but I would like that
you give consideration to this recommendation of Hernandez
Lizaso.
Mr. Dawkins: Mr. Vice -Mayor, I agree with Commissioner
Perez. We have parks out here and the parks are just there
and as Commissioner Perez just pointed out, there are no
structured programs within these parks, so I don't want you
to bring back Jose Marti Park, I want you to bring back for
me for your plans, as he said, a cost analysis if what it is
going to cost to make these parks usable. What kind of
structured program do you have in these parks for youngsters
to go to after school and participate in, see, because in a
very few months, the Administration is going to be running
around here with a $35,000,000 parks bond and then when I go
against it, everybody will ,say I an not in favor of parks.
It is not that I am not in favor of parks - it is that I am
not in favor of parks not meeting the needs of the people
who are paying for them, so I concur with you, Commissioner.
ld 18 February 14, 1985
Mr. Perez: Would it be possible, Mr. Manager, to have that
item included in the next regular Commission meeting?
Mr. Rosencrantz: I think we can provide pretty basic
information on it, but my note of caution is that when you
look at all the parks that the City has, and all the
possible programs that could be involved in that, it is not -
a small task to do a complete and adequate analysis and my
concern is that if we should come to the Commission without _
doing a complete analysis of the park program and the costs, _
it may not be sufficient for you to make a judgment on it.
Mr. Dawkins: Let me do this, Mr. Manager. I withdraw my —
end of the request so that we will not have an excuse for
not meeting Commissioner Perez' deadline, but in the last
meeting of May, I want to know what is being done at every
park, how many employees are there for recreational needs,
for janitorial services, for maintenance, and what programs
are at each of our City parks.
Mr. Perez: I think that is a great opportunity to promote
some kind of cultural activities in all the parks of the
City of Miami. I don't think they have reasons to have this
a park if we don't have the proper programs. _
i
NOTE: MAYOR FERRE ARRIVES AT 10:24 A.M. _
------------------------------------------------------------
15. AMEND RESOLUTION 84-1350 CONCERNING MIAMI CITY BREAKERS
(BRAKE DANCING) EVENT TO BE HELD IN PUERTO RICO.
------------------------------------------------------------
Mr. Dawkins: Would the gentlemen from the brake dancers ...
for some reason we offered to assist this group in going on
a trip and we attached some constraints, they met the
constraints, and the trip is when?
Unidentified Speaker: Tomorrow.
Mr. Dawkins: The trip is tomorrow, so he is here, Mr.
Manager to see if we can meet his problem which is that the
money that we appropriated, he needs it tomorrow.
Mr. Rosencrantz: There is was a change in what was
originally approved by the City Commission and I think it is
just matter of changing of the dates, so if the City
Commission still chooses to sponsor this, we can issue them
a check today.
Mr. Dawkins: Okay, I would move then that we still give him
the assistance that we promised him and that it be done
today.
Mayor Ferre: Is there a second to that motion?
Mr. Carollo: Second.
ld 19 February 14, 1985
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption: -
RESOLUTION NO. 85-91
A RESOLUTION AMENDING RESOLUTION NO. 84-
1350 ADOPTED DECEMBER 139 19849 WHICH
ALLOCATED AN AMOUNT NOT TO EXCEED $4,000
FROM SPECIAL PROGRAMS AND ACCOUNTS,
QUALITY OF LIFE FUND, IN SUPPORT OF THE _
MIAMI BREAKERS TO COVER THE COST OF =
TRANSPORTATION AND LODGING TO A BREAK
DANCE CONTEST IN SAN JUAN, PUERTO RICO,
DECEMBER 231 1984 THROUGH JANUARY 10
1985; SAID ALLOCATION BEING CONDITIONED -
UPON SUBSTANTIAL COMPLIANCE WITH CITY OF -
MIAMI ADMINISTRATIVE POLICY NO. APM-1-
84, DATED JANUARY 24, 1984, BY AMENDING
THE FIRST WHEREAS CLAUSE AND SECTION 1
OF SAID RESOLUTION NO. 84-1350, THEREBY =
CHANGING THE DATE OF THE EVENT FROM
DECEMBER 23, 1984 THROUGH JANUARY 10,
j 1985 TO FEBRUARY. 15, THROUGH FEBRUARY
1 189 1985.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.) _
Upon being seconded by Commissioner Carollo, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
------------------------------------------------------------
16. AUTHORIZE MANAGER TO ALLOCATE $5,000 FOR COMMITTEE TO
TRAVEL TO ARIZONA TO MAKE MIAMI SUPERBOWL PRESENTATION
FOR 1989.
------------------------------------------------------------
Mr. Plummer: Mr. Mayor, I was asked to propose - as we
know, to this community Superbowl is very, very important.
I think that we need to have our team in place and to make
that presentation, even though there are problems, I think
that we should be there, we should be remembered and we
should let them know that we are still interested. In doing
such, Mr. Mayor, I would to propose, as in the past, that we
allocate $5,000 for the committee to go to the Superbowl and
make the presentation on behalf of Miami.
Mayor Ferre: When and where is that?
Mr. Plummer: You had to ask, right? It is next month, Mr.
Mayor. It will be March 11 - 15, at the Arizona Biltmore
Hotel in Phoenix.
Mayor Ferre: Well now, in the past, remember the Commission
has always gone traditionally - no that is not so -
ld 20 February 14, 1985
.y
Ji —
traditionally Steve Clark used to go and then I came on as
Mayor, you went for a while and then I started to go and _
recently I think you wanted to go.
Mr. Carollo: I went last year.
Mayor Ferre: Seems to me that since you are the closest to _
Joe Robbie, and that is an important part of all of this,
that you are really the one person that should go to these
presentations representing the City.
Mr. Plummer: Mr. Mayor, there is a recommendation here that
the Mayor or a Commissioner be on that committee and I
acquiesce and fully concur that Mr. Carollo should be the
representative. Also recommended is Sue Cobb, Arthur Hertz,
Skippy Sheppard, Steve Clark, Bob Griese, Garth Reeves,
Cesar Odio, Walter Gobley and Tony Pajares. Those are the
recommended.
Mayor Ferre: I think that is a good committee.
Mr. Carollo: Mr. Mayor, let me tell you where we were at,
briefly. Last March we were up there trying to get one of
the Superbowls that was to be awarded and where it was left
at was that no commitments' were made for the Superbowl for
1989 and it was to be taken up at a later time, so this is
what is going to be taken up in Phoenix in mid -March, who is
to be awarded Superbowl in 1989. I think that the position
we are in is an excellent position. I think we stand a real
good chance of receiving the award for the Superbowl in
1989, that is why I think it is even more important than
possibly at some other times to be there, because I think
that could make a difference as to whether we get it or not.
Mayor Ferre: All right, I concur with what you said. I
think it is important. I would like to say Joe, that I
think and I know it puts you in a difficult position, that
you have got to be very careful because Mr. Robbie, of
course, in the past has refused to admit that he would play
a Superbowl game if the Superbowl were to come here and the
Dolphins were to be involved, in Miami, and he has been
opposed if the Orange Bowl is used - he has been opposed to
the Orange Bowl as the Superbowl site for the year 1989.
Now, the City's position, as you know, is that we are asking
for the Superbowl to come here, period. In other words, our
position doesn't necessarily state that it is going to be in
the Orange Bowl, but in the legal proceedings of the NFL and
AFL, it is the host City, in other words, the City where the
team plays its game, that is the City of Miami, not
Metropolitan Dade County, who is making the appeal for the
1989 game. Now, I don't mean in any way to belittle Steve
Clark's presence there. I don't say that Metro's
participation is not important. I do say, that it is the
City's bid - we have a primary position, and you, as Vic'e-
Mayor representing the City, in my opinion, must take the
lead roll at that meeting, and I am sorry if Joe Robbie or
somebody else doesn't like it, but that is the way it has
got to be and I just want to put that on the record.
Mr. Carollo: Well, Mr. Mayor, I think you are correct. Let
me recollect briefly to you the position we took. I
represented the City last time around, together with Cesar
Odio and Tony Pajares who were up there with me. The
presentation to the owners of the NFL was made by myself,
Bob Griese and Clara Oesterle - Commissioner Oesterle,
representing the County. The position that I took in my
presentation to the NFL owners was we first spoke about the
Orange Bowl, about the facilities we had here to along with
the Orange Bowl, but our position was we wanted the
Superbowl in Miami, period, whether it was the Orange Bowl
x ld 21 February 14, 1985
.0
M
or if Robbie built his stadium, and it became a reality,
then fine, wherever it was, we wanted it, but the Orange
Bowl was a main part of the presentation and frankly, Mr.
Mayor, after having gone to the last Superbowl in Stanford,
California, I don't ever want to hear again from anybody how
bad the Orange Bowl is! The Orange Bowl is a mansion
compared to that stadium that we went to for a Superbowl in
California. That was really embarrassing! I could not
believe to this date that that location was picked as a
stadium. The personal facility - we went inside. It was
very narrow. The steps you had to go through were all wood.
A lot of them were caving in. I saw one lady in front of me
that took one step and one of the planks of wood fell right
through! The seats, thank God that Apple Computer came
through and bought some cushions so you could sit on them,
because if they had not done that, I don't see how half the
people would have been able to leave the stadium without
having their dress or pants torn by splinters. It is just
the worse facility that I have ever seen. The Orange Bowl
has got to be at least 100 times better than that place we
went to, so I don't ever want to hear again from any of
those owners just how bad the Orange Bowl is, because if
they were able to pick Stanford, they sure as heck can pick
the Orange Bowl if Robbie doesn't build the stadium.
Mayor Ferre: Have we voted on this? Plummer you moved, who
seconded?
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. 85-92
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $5,000 FOR A COMMITTEE TO
TRAVEL TO ARIZONA ON MARCH 11 - 15, 1985
IN ORDER TO MAKE A PRESENTATION BEFORE
THE NATIONAL FOOTBALL LEAGUE (N.F.L.) TO
BID FOR THE 1989 SUPERBOWL TO COME TO
MIAMI. (Note: Vice -Mayor Carollo was
designated as liaison for the
Commission.)
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Id
22 February 14, 1985
i[
M
4
17, AMEND RESOLUTION 84-1309 CONCERNING ALLOCATION OF
$15,000 IN CONNECTION WITH 15TH ANNUAL BUDWEISER
UNLIMITTED HYDROPLANE REGATTA.
Mr. Plummer: Mr. Mayor, I came before this Commission as
you know in reference to the Unlimited Regatta and asked for
$50,000 seed money and $15900 for ESPN. I would request at
this time that we have someone, I think to pick up the ESPN
and that I be offered the opportunity to take that $15,000
to pay for in -kind services relating to the regatta, and I
would offer a resolution amending Section 1 of Resolution
84-1309 to reflect that the $159000 grant be used for the
purposes and paying the cost of the in -kind services
provided by the City of Miami, and I would so move.
Mr. Carollo: Second.
Mayor Ferre:
All right, call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-93
A RESOLUTION AMENDING SECTION 1 OF
RESOLUTION NO. 84-13099 ADOPTED NOVEMBER
15, 1984, IN CONNECTION WITH "THE 15TH
ANNUAL BUDWEISER. UNLIMITED HYDROPLANE
REGATTA" TO REFLECT THAT THE $159000
GRANT FOR TELEVISION COVERAGE BE USED
INSTEAD FOR PAYING THE COST OF IN -KIND
SERVICES PROVIDED BY THE CITY OF MIAMI
IN CONJUNCTION WITH SAID EVENT.
(Here follows body of
omitted here and on file
of the City Clerk.)
resolution,
in the Office
Upon being seconded by Commissioner Carollo, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
i-------- -- ---..--------------------------------------
18. ALLOCATE $879500 TO CAREY TECHNICAL INSTITUTE MICRO
COMPUTER REPAIR TRAINING PROGRAM.
------------------------------------------------------------
Mr. Carollo: Mr. Mayor, can we take up Commissioner Carey's
item now - Item "H"?
Mayor Ferre: We will move along to Commissioner Barbara
Carey's item "H", as I understand it. Is that correct?
Mr. Plummer: "H" is a catch-all, you know.
Mr. Rosencrantz: It is part of Item "H" Item "H" deals
with the festival and social funding issues and its ...
Mr. Carollo: It is part of Item "H".
ld
23
February 14, 1985
Mayor Ferre: Well, let's take up specifically what
Commissioner Carey has.
Commissioner Barbara Carey: Thank you, Honorable Mayor and
members of the City Commission for this opportunity to
speak. I am on the agenda for training monies that were
allocated or that were given to us at the beginning of the
year. We came before this Commission and asked for a
request to do some training in micro -computer repairs, or
basic electronics, and you said "yes". We were given month
to month funding until last month and now we need additional
funding to complete the program. We have about 26 young
adults in that program now and we would like to complete the
program. We asked for 12 months funding, but I think this
Commission recommended 3 months funding which would end the
program in May and we certainly cannot, in all good
conscience tell those youngsters to go back on the streets
now, that we cannot complete that program after we had
started that program, so we are asking you to give us the
funding to complete the program for them.
Mayor Ferre: All right, questions from members of the
Commission.
Mr. Carollo: Barbara, what is the full amount of monies
that you are requesting here today?
Mrs. Carey: We are asking for monies to complete 5 more
months of training and I -think that is the least, because we
asked for a 12 month program, but we could finish the
program in 10 months, but we are asking for 5 more months
and I think it comes to about $70,000 - $87,500, I was just
told by staff.
Mayor Ferre: All right, further questions. In other words,
of $197,000 requested, we are talking about ... I mean,
originally ...
Mrs. Carey: $175,000, right. We requested 12 months.
7
Mayor Ferre: All right, are there further questions?
+; Mr. Perez: How much was requested?
Mayor Ferre: See, we have been funding it on a one ...
f
Mr. Perez: You have received so far, no?
Mayor Ferre: The total original request, Commissioner, was
Mr. Castaneda: $231,940.
Mayor Ferre: Would you give us the exact figure? What was
the
original ...
Mr.
Castaneda: Yes. $231,940 was their original request.
Last
funded, they were funded for a 10 period for $175,000.
We have
been funding them at a level of $17,500 every month
and
they are requesting full funding for the year.
Mr.
Perez: I think that your recommendation today appears
$51,000,
no?
Mr.
Castaneda: $52,500 which is for an additional 3 months.
What
they are requesting is the full 5 months remaining in
the
year.
Mrs.
Carey: Full 5 months remaining, right, because we
don't
like hanging on month to month and you telling us now
Id
24 February 14, 1985
M
1
i
that this particular recommendation is to end the program in
May and we would like to just continue and complete the
program. —
Mr. Perez: Would it be a monthly basis, or just the one
time? ^
'
Mrs. Carey: Pardon?
Mr. Perez: You would receive one time or just on different
months?
Mrs. Carey: No, we are asking you to give us the approval
for the rest of the year to complete the program.
Mr. Plummer: How much is that?
Mr. Castaneda: $35,000 additional.
Mr. Perez: $35,000 more?
Mayor Ferre: No.
Mrs. Carey: $35,000 more onto what you recommended there.
Mr. Rosencrantz: We, the Administration recommended to you
today $529500 for Carey Institute. The basis of our
recommendation was that that would fund it for 3 additional
months and that during that period perhaps they could find
another sponsor to pick up for the rest of the year. I
think the Commissioner is now indicating that they can adapt —
their program and if they can't find funding within the next
3 months, they do need 2 additional months worth of funding
to complete the program and the cost of that would be
approximately $35,000 in addition to the $52,000 recommended
-
by the present administration.
Mayor Ferre: So what we would be approving today would be
F?
$52,000, with a contingency that we would be approving
!'
$35,000 if there is a need, so we are voting for it now.
}'
Mrs. Carey: We are asking for the additional $35,000 so we
can complete the program. We don't want to continue for 3
months and then have to come back again and say "Would you
let us end the program". I mean, why pick the students for
8 months of a training program. They would not complete the
program in 2 more remaining months and say "Stop the
program". You know it is unlikely to go to any training ..0
any entity and ask them for monies to complete a program.
People have already allocated their monies at that time.
Mayor Ferre: All right, any further questions?
Mr. Perez: I understand the project and what Commissioner
Carey is doing in favor of the whole community there. I
would like, Commissioner, if you would clarify for the
record - in my own personal case, I never had any relations
with your project. You know that in the Miami News about a
year ago at the time with support of your project, they
connect me with a school operation that I have in the
Hialeah area. After that I made some statements in that
direction, but I would like that you clarify for the record
that now in the present or in the past, I never had any link
or any commercial or personal or professional or any link
with your institution.
Mrs. Carey: I would be happy to do that, Commissioner
Perez. For the record I would like to state that our
training institute is now called Carey Technical Institute.
z
We severed all relations with Martin Technical College and
ld 25 February 14, 1985
�
have our own license and we are now Carey Technical
Institute. Even at the time it was Martin Technical, we had
no relations. We had separate schools under the same name.
Mr. Perez: Mr. Mayor, personally when you have time -
you have time for a motion, no?
Mayor Ferre: Sure. Wait a minute, hold on. Any further
questions? All right, any statements? All right, make your
motion.
Mr. Perez: I would like to make a motion to approve Carey
Institute's request.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further.discussion? Call the roll.
Mrs. Carey: Excuse me. May I ask for clarification of
that? Is that to complete the program for the remaining 5
months?
Mayor Ferre: Commissioner, that is $52,000 plus $35,000, as
I understood the motion. Is that correct?
Mr. Perez: Yes.
Mayor Ferre: Is there further discussion? Call the roll.
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION NO. 85-94
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE THE TOTAL
AMOUNT OF $87,500 TO "CAREY" TECHNICAL
INSTITUTE" IN CONNECTION WITH ITS MICRO-
COMPUTER REPAIR TRAINING PROGRAM.
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.
------------------------------------------------------------
19. AUTHORIZE AGREEMENT: G.U.T.S. (GROVITES UNITED TO
SURVIVE) FOR A LOAN OF $5009'000.
Mayor Ferre: Agenda Item 72 is the next one. All right,
Mrs. Gibson.
Mrs. Thelma Gibson: Good morning. Thank you, Mr. Mayor,
Vice -Mayor, members of the Commission, the Manager and all
others present. We really want to show you a model of what
it is we want to do at the tiki club. You had already
approved our funding and we are just here to get their
ld 26 February 14, 1985
agreement and we did bring a model this morning because we
think it is a great change. Our architect is here and could -
point out anything there that you would like to see.
Mayor Ferre: Who is your architect?
Mrs. Gibson: Dale Baldwin and he is here.
Mayor Ferre: That is very nice.
Mrs. Gibson: And that is what we hope to do on the corner. �—
What used to be "The Tiki" will now be "Goombay Plaza". We
have only one thing that we would like to ask. You have an
agreement that came from community development and at the
time we proposed it, we had said we would be partners with
the City at 75 - 25. Since that time we have had a change
because we are not going to have a package store that was
recommended and that is where we thought we would be making
a whole lot of money. We do have a major tenant for the
restaurant and so we are asking that we not have to be
partners with the City and just have our grant as it is
without that clause.
Mayor Ferre: That you would have the grant without the
liquor?
Mrs. Gibson: Without being partners with the City at 75
25.
Mayor Ferre: I see.
Mr. Plummer: What you are really saying is that would be a
loan.
Mrs. Gibson: We are asking for the complete loan without
being partners with the City.
Mr. Plummer: But not ... but you used the terminology "a
grant".
Mrs. Gibson: Oh , I am sorry, a loan. We had asked for a
loan of $500,000 and you had approved that, but then when we
came back, we said we would be partners because we had
talked with Community Development and they said we should be
partners with the City and we felt at that time that would
be good because we were going to have a package store. We
have decided not to have a package store and so this is the
difference.
Mayor Ferre: All right, Mr. Castaneda, do you want to
explain that to us and whether or not the Administration
approves?
Mr. Castaneda: Our recommendation originally was and still
is that since this is a for profit corporation, in effect,
the purpose of the City should be to make this project
feasible by lending at a very low interest rate. The loan
right now has a 3% interest rate, amortized over 30 years
with a call at year 15. Now, if the project begins to make
money and it becomes profitable, I think the City should
participate in those profits and this whole deal was set up
more or less like a mini-UDAG in which the City would
participate to the tune of 25% of the profits of the
corporation. You see, if there are no profits, the City
doesn't get anything. Now, what we are saying is, if we are
giving you a very low interest rate money for a profit
making entity, then I think the City should participate if
things are good for the developer.
ld 27 February 14, 1985
Mayor Ferre: Now, look, and Mrs. Gibson, I want you to
understand what I am saying, and please don't misunderstand
what I am saying. A group of highly visible important
members of a neighborhood in the City of Miami, Coconut
Grove, were asking for a specific loan. It is a for profit
corporation. The composition of the people who will be
making the profit, if there is one, are residents of the
City of Miami, as I understand - all of them. They are also
members of the Black race, all of those, is that correct?
Mrs. Gibson: Yes, Mr. Mayor.
Mayor Ferre: Now, in what proportion - there is none of
those people, as I understand it, that have more than 25%.
Is that correct?
Mrs. Gibson: We all have one - 5%, one share, which is 5%.
Mayor Ferre: I think that is an important detail, alright,
because it is not that there is one person making 50% out of
this thing. This is a broad -based community effort where
each person who owns part of this owns 5%. Now, I think we
have to understand that this is the very first time ever,
that a local government, that I know of - the City of Miami,
in this case, is making a $500,000 grant ...
Mrs. Gibson: A loan.
Mayor Ferre: ... in a loan - I'm sorry, a $500,000 loan at
interest rates that are obviously nc,t available to anybody
else any place else, including the Federal government. This
does not exist anywhere that I know of in the country. Now,
we are about to lend $500,000 of taxpayer's monies -
people's monies, people of Miami, to an entity that is a for
profit entity. Now, I think there has to be some safeguards
in this document, whenever it comes to us in final form for
—
signature. Now, I just want to put that into the record.
+
Mayor Ferre: (Cont'd) ... if anyone is to sell stock, just
—
like we do in Miami Capital and other entities where we have
given a franchise or a license I think it is going to
require future Commission approval so that there is a clear
cut direction and control on the, and so that there cannot
be any accusations of hidden agendas. Now, that is just one
thing that I think we should have in there. The second
thing is if the entity becomes a profitable entity I don't
think that the City of Miami should be a beneficiary but
rather that the people of Coconut Grove should become
further a beneficiary. So whatever funds we make, whatever
moneys we make, in my opinion, should go into a special
trust fund that is earmarked explicitly for expenditure in
the immediate vicinity of black Coconut Grove. Now thirdly,
if and when this thing becomes a profitable venture it is my
opinion that this should then become an interest paying, a
reasonable interest paying loan. In other words, it is all
right for us to risk half a million dollars of peoples funds
and to charge 3% but if it ends up being a successful
economic viable entity and it is making a profit and the
thing is going well then I think it is wrong for the people
of Miami to subsidize it at low interest rates and,
therefore, once it is profitable, if it becomes profitable,
then I think it should go to a reasonable below the market
but reasonable interest rate. If the cash flow comes in and
if things are going well and the thing is making a profit
then I think that the people of Miami should not carry the
burden in a profitable entity of it continuing to make
money, provided, however, that at no time would those
interests go beyond the point where it would not be
x
ld 28 February 14, 1985
profitable. So in other words, if they are paying 3% and if
by going to 8% it becomes a non-profitable deal then I think
it should not do that.
Mr. Castaneda: Mayor, I don't know if you have seen it, but
there is a copy of the contract.
Mayor Ferre: Yes, I have it in my file.
Mrs. Gibson: Mr. Mayor, if you could live with this
contract the way it is written, we will never really be
profitable as far as what is written here. However, I agree
with you on just one point is that the money should be given
in the community because one of the things we said in thee
very outset is that we will be doing some things to help
change that community and that we will put a whole lot of
funds, we're not looking to be so profitable that we're
going to get rich but we want to change the community and
our goal is to do that on Grand Avenue especially.
Mayor Ferre: You realize, Mrs. Gibson, that this is the
very very first in government not only in Miami and the
State of Florida, and I doubt if this has ever happened in
the United States before in a local government.
Mrs. Gibson: I agree, that makes us very unique and we
could really say that we're doing something for a change to
help bring us to parity.
Mayor Ferre: Yes, it does, but I think that requires a
fiduciary responsibility of this Commission to make sure
that since this is path breaking, this is a new direction
that the City of Miami is taking, and since it is unique I
think it must be safeguarded so that it is as much as
possible beyond reasonable criticism. And all I'm saying is
�= that we're about to give a half a million dollars of
taxpayers' moneys to a private for profit entity. Now, if
this were a non-profit entity I think that might be
different. This is a for profit entity. I have no
- objections to doing that, I have no objections of taking
l this in a full risk position, I have no objections to
i proceeding with this, I have no objections to making this a
3% loan. I do feel very strongly, I may be the only one on
' this Commission that feels that way, but I have to put it
on the record that if this thing should be successful, that
it is unreasonable for the people of Miami to be subsidizing
a successful profit making venture at 3% interest and
especially if it is for profit. I realize the social
implications and I agree with the social implications, I
just happen to feel that this is a position that I must
take.
Mrs. Gibson: Could we come back then, say in ten years and
re -negotiate at that point.
Mr. Dawkins: No, please, Mr. Mayor. I agree, this is a
first but that is nothing new for us up here. We've been
doing things up here new and innovative and as Joe could
tell you, and if you think we're kidding, check the Miami
Herald. The only thing I would like to add to what the
Mayor said is that this is a first and someone has to help
you cut your eye teeth which is us. But by the same token,
not no "if" this is successful - "when" this becomes a
successful project and you begin to make money, in order to
show your gratitude to the City there are two things I think
should happen (1) if it is possible, you should pay more
interest and (2) I think you should accelerate your
repayments in order to get out from under the loan the same
as if it was a commercial loan, you would be trying to
liquidate it to get out from under it because the longer you
rr;*
ld 29 February 14, 1985
keep a loan the higher the interest rates are going to go.
So I would think that by doing this then you demonstrate to
the public that you have faith and confidence. We had faith
and confidence in you and you are returning it. So that is
the way I would like to see it.
Mrs. Gibson: I agree, that is the only reason for saying
could we come back in and re -negotiate at a point when we
start making money.
Mayor Ferre: No, you don't want to do that, Mrs. Gibson.
Mrs. Gibson: Okay.
Mayor Ferre: You know, you can always do that, you always
have the right to come before this body and ask for a change
or renegotiate. You always have that right. I think what
the Commissioner is saying, and I think Commissioner Dawkins
is right about that, is that we're taking a risk, giving you
a very low interest loan, you are a for profit corporation,
if you begin to make money then there ought to be a way in
which you can (1) accelerate the payments and (2) pay
reasonable amounts of money in interest provided, however,
that it doesn't create a burden upon you. And I think that
is a reasonable ...
Mrs. Gibson: Then you're saying exactly what I'm saying
except that I'm saying it differently. What we're saying is
we will not be partners with the City but when we start
making money we will agree to renegotiate. Because we want
to pay it off as fast as possible.
Mayor Ferre: You'll agree to
rate, the going rate and you
payments in whatever way
reasonable.
Mrs. Gibson: Very good.
pay a reasonable commercial
will agree to accelerate the
you can, again, that are
Mayor Ferre: I think that is something that is obviously
going to have to be negotiated at that time as to what
reasonable is. Now, the only other thing is I notice that
you have a pre -requirement here, Mr. Castaneda, that before
any of the moneys are given that we have to have a $200,000
assurance that they will get from a commercial fund. Is
that $200,000 from a local or from a financial institution?
Mr. Castaneda: It will be from the private sector and, in
fact, what we want to make sure is that before rehab
commences, we know that there are sufficient funds to
complete the rehab.
Mayor Ferre: I understand that that is the point but that
is not my question and
if you let
me finish
my question then
you can answer it. My
question is
dealing with the priority
of, I assume nobody is
going to lend money
without having a
first right on the
property.
Do you
know what the
difference is between
the first
mortgage
and the second
mortgage is?
Mr. Castaneda: We have the first mortgage position and they
are having exactly the problem that you are mentioning right
now.
Mayor Ferre: In other words the question to you is with the
$500,000 cash loan we have to protect that should something
go with a first mortgage. Is that correct?
Mr. Castaneda: That is correct.
ld
30 February 14, 1985
Mayor Ferre: In other words, we're not going to deviate
from that. Now, are we requesting UDAG or any other federal
or state funds?
Mr. Castaneda: No.
Mayor Ferre: Mrs. Dougherty, is there any legal impairment
to us doing this?
Mrs. Dougherty: No, sir, Mr. Mayor.
Mayor Ferre: Is there any legal impairment either
Constitutionaly or locally or state or Miami laws?
Mrs. Dougherty: Mr. Mayor, there is a Constitutional
provision that says that the City may not, lend its credit.
However, it has been interpreted throughout the Country with
many states that have the same Constitutional provision that
when we are dealing with federal funds it is not the City of
Miami General Fund and, therefore, it is permissible because
we are simply a conduit through which the federal government
implements its programs.
Mayor Ferre: These are federal funds, is that what you're
saying?
Mrs. Dougherty: Yes.
Mayor Ferre: All right,•let me ask you. Isn't there also a
provision that no - in the Constitution - that no government
will use its funds or lend or utilize its funds for the
purposes of somebody making a private entity making a
profit?
Mrs. Dougherty: That's exactly what we're talking about,
that is the same Constitutional provision. However, it has
been interpreted that when we are dealing with federal funds
for these kinds of projects that it is permissible because
we're not dealing with City money.
i,
1 Mayor Ferre: And that has gone through the Supreme Court,
you say?
1�
Mrs. Dougherty: That has been interpreted throughout the
Country that way with many many State Constitutions that
have the same kind of provision.
Mayor Ferre: All right, further questions from members of
the Commission?
Mrs. Gibson: Mr. Mayor, let me just point out now we're
talking about rehabilitation funds, we're supposed to be
able to get the first moneys to pay off the property to
finish getting the rest of that property, the corner and
that sort of thing. It is only the rehab moneys that we're
talking about waiting on. We're to get $200,000 right off
and the $300,000 we'll wait for until we're sure that we can
finish the project.
Mayor Ferre: Okay. Mrs. Gibson, as I remember, the
investors had put in $50,000 of their own moneys.
Mrs. Gibson: We're putting in $100,000.
Mayor Ferre: I'm sorry, $100,000.
Mrs. Gibson: And we're loaned ourselves another $36,000.
}
Mayor Ferre: So it is $100,000 in debt and $36,000 in debt.
ld 1985
31 February 14,
Mrs. Gibson: Right.
Mayor Ferre: Now, is that money going to remain in the
project or are you planning to take that out?
Mrs. Gibson: No, we have already purchased a piece of
property across the street that cost us $100,000 so we have
no money that we're going to be dealing with.
Mayor Ferre: It is not the intention of the company and the
stockholders to take that $136,000 from these funds?
Mrs. Gibson: No, not the $100,000, we have already spent
that.
Mayor Ferre: The $36,000 would come from these funds.
Mrs. Gibson: Yes, to repay the loan.
Mayor Ferre: And the $100,000 would not be taken in the
future from ...
Mrs. Gibson: It is going to just buy the property on the
corner, finish paying off the lease on the Tiki Building so
that we own it then and that is how you get a first mortgage
on a property that we own rather than property that we
lease.
Mayor Ferre: I have no further questions, myself. Anybody
else?
Mr. Perez: Have you received any support from Miami
Capital?
Mrs. Gibson: We were trying to borrow some money from the
Capital Bank, not Miami Capital, no, we have not gone to
Miami Capital but we did go to Capital Bank to try to borrow
some money.
Mr. Perez: But not from Miami Capital?
Mrs. Gibson: No.
Mr. Perez: Why, you never tried?
I' Mrs. Gibson: We never applied.
Mayor Ferre: I don't think, knowing the way governmental
agencies function, that they would ever get a loan from any
governmental agency as such because this is a for profit
entity and the conditions are such that they would never
get - this is a very exceptional type of a loan. I think
you do bring up a very important question though, Mr.
Manager, or Mr. Castaneda. Shouldn't this properly .go
through that entity? Walter?
Mr. Pierce: No, Mr. Mayor. Miami Capital's lending
policies preclude this kind of building acquisition,
property rehabilitations for operations.
Mayor Ferre: Okay, sorry I asked. And I think the point
also is that this would open up Pandora's Box. There is one
last question which I think is germane. Mrs. Dougherty, so
as to avoid litigation in the future, we are now taking a
half a million dollars of the peoples' money and giving it
to an entity which is a for profit entity made up of 20
individuals. Would we have a problem if somebody sues the
City for having done this without putting it up through a
bid process? In other words obviously this is a group of
people that we all know but the question is suppose another
RT 32 FEB. 140 1985
0
group were to want half a million dollars. Can we do that?
What are the legal procedures?
Mrs. Dougherty: Mr. Mayor, this is not the kind of project
that one could put up for bid.
Mayor Ferre: If Citizen X says, I will sue the City of
Miami to stop this loan from going forward because those are
$5009000 of taxpayer's moneys that are being given to an
entity of 20 deserving and worthwhile members of our society
but there is no procedure in which other competing projects
and other competing entities could compete for those funds
and there may be 20 other black members in Miami that might
have a better program that would have greater social value
or more important or better return or safer or whatever. My
question is are we legally protected?
Mrs. Dougherty: Mr. Mayor, I cannot predict who would sue
or what the ....
Mayon Ferre; I'm not asking you to predict who will sue or
whether they'll win.
Mrs. Dougherty: This is not the kind of project that is
subject to competitive bidding. It is a unique project, it
is not the kind of thing that one would go out and bid and
other people have the same rights to come in and apply for
grants and loans as this one.
Mayor Ferre: Mrs. Dougherty, I know that lawyers are loathe
to give specific answers, but I'm trying to get on the
record a very clear legal opinion on your part that we are
legally entitled under the law to do this and that in your
opinion it is a defensible legal act and that you will
defend it in court should we have to defend it and you would
do so with a good conscience that this is legal and
defendable.
Mrs. Dougherty: Yes, sir, Mr. Mayor, I believe that the
action by the Commission, if they approve it, is legally
4 defensible and we would defend it.
s
Mayor Ferre: Thank you. Are we ready to vote? Is there a
motion?
' Mr. Perez: First, I want to clarify what I would like to
= move. I think that this is the kind of project that we have
to encourage at this time. I would like to move the project
subject to the presentation of the budget at the proper time
before the City Commission because they don't have the
proper budget, they said that it is in preparation here but
I would like that we have the opportunity to review the
budget but I would like to move this resolution.
Mayor Ferre: Are you saying you're moving this in principle
subject to the budget?
Mr. Perez: Subject to the presentation of the budget before
this Commission.
Mrs. Gibson: We made the presentation way back in July,
July 30th, Mr. Commissioner and then we came back in
December with plans and now we show you our modle and this
is all we could ever show you is the model of what it is
we're going to do.
Mr. Plummer: I second the motion.
Mr. Perez: The second part says that the budget is in
preparation, no?
t
Mr. Plummer: The Commissioner wants the budget reviewed,
that a legitimate request. When you presented it is
immaterial, he wants it reviewed. I second the motion.
Mayor Ferre: All right, this is a motion of approval with,
I assume, the stipulations previously stated in the record.
Mr. Perez: Right.
Mayor Ferre: And with the further stipulation you just
made. It has been seconded by Plummer, moved by Perez.
Mrs. Gibson: One question, does this mean that we have to
come back or just that Community Development must present
the budget for your approval?
Mr. Perez: I think that maybe as a courtesy procedure that
as soon as possible, that is the intention of the motion,
that you present a copy of the budget to each member of this
Commission and I think that the administration, you have to
present also the budget but I would like to have the
opportunity to review the budget. But anyhow, we are moving
the resolution to be approved but I would like to have the
opportunity to read the budget.
Mrs. Gibson: Thank you.
Mayor Ferre: Mrs. Gibson, there was one other question that
I did want to ask. All of these people on this list are all
residents of the City of Miami?
Mrs. Gibson: I think all but four or five, Mr. Mayor, and
they have businesses in the City.
Mayor Ferre: The one thing that we are not in the business
to do is to help non -City of Miami people to make a profit.
Mrs. Gibson: The others live in Richmond Heights. For
I' example, my daddy lives in Richmond Heights and, of course,
Mayor Ferre: And I'm sure your daddy is entitled to live in
Richmond Heights and that is great, but he does have a
business ...
Mrs. Gibson: We own property in the Grove.
Mayor Ferre: Are you telling me that of the 20, 4 are non-
residents of the City of Miami?
Mrs. Gibson: I said that 4 or 5 of them live in Richmond
Heights, yes.
Mayor Ferre: Four or five of the 20.
Mrs. Gibson: Mr. Greene has a business in the Grove and he
is one of those that lives in Richmond Heights and so does
Mr. Scott and the Anderson family.
Mayor Ferre: So what you're saying is that the people that
are beneficiaries of what the Commission is about to do, if
we should vote for it ...
Mrs. Gibson: Will be in the City of Miami, the majority.
Mayor Ferre: ... are people who either live in the City of
Miami, own property in the City of Miami or have businesses
in the City of Miami. Is that correct?
RT 34 FEB. 14, 1985
Mrs. Gibson: The majority, yes. Yes, Mr. Mayor.
Mayor Ferre: And 15 of them live in the City of Miami?
1 Mrs. Gibson: Yes, Mr. Mayor.
Mayor Ferre: The source of the $500,000?
Mr. Castaneda: The CD Jobs Bill and $100,000 from Community
Development.
Mayor Ferre: So the total, the totality of these funds
comes from federal sources.
Mr. Castaneda: That's correct.
Mayor Ferre: I want to just point out then that this does
not come from ad valorem tax payers so that you should have
corrected me when I made that statement. The taxpayers of
Miami are not putting any money into this.
Mr. Castaneda: That is correct.
Mayor Ferre: This is coming from the taxpayers of Miami
through our taxes we pay to•Washington, not in Miami.
Mr. Castaneda: That is correct.
Mr. Carollo: I'm glad he corrected that, Mr. Mayor. It is
still coming from us but by a different route.
Mayor Ferre: Yes, and except that the proportion is a
little bit different. I think it would be one millioneth of
1% comes from our pockets versus if it was ad valorem taxes
it would come ... directly from our pockets. In other words
the point is if it were not this project it would be another
project and we couldn't use this, for example, to increase
the Police Department or to have more Sanitation workers.
Are there further statements before we vote? Call the roll.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-95
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE ATTACHED
AGREEMENT WITH GROVITES UNITED TO
SURVIVE (GUTSO, INC. FOR A LOAN OF
$5009000 TO ASSIST IN THE REDEVELOPMENT
OF PROPERTY AT GRAND AVENUE AND DOUGLAS
ROAD INTO A COMMERCIAL COMPLEX;
ALLOCATING $400t000 OF JOB BILL FUNDS
AND $100,000 OF TENTH YEAR COMMUNITY
DEVELOPMENT FUNDS AS THE SOURCE OF
FUNDING OF THE LOAN FOR SAID
REDEVELOPMENT PROJECT AND PROVIDING THAT
NO FUNDS SHALL BE RELEASED FOR
DEMOLITION OR REHABILITATION UNTIL THE
CITY HAS ACQUIRED A FIRST MORTGAGE
INTEREST ON THE PROPERTY AND GUTS HAS
ACQUIRED A FIRM COMMITMENT FOR THE LOAN
OF $2009000 FROM OTHER SOURCES OR CAN
DEMONSTRATE TO THE CITY THAT THE SAID
PROJECT CAN BE ACCOMPLISHED WITH
AVAILABLE FUNDS.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
RT
35
FEB. 149 1985
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote-
,:: '
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
20. OPEN$ READ & REFER FOR TABULATION SEALED BIDS FOR
CONSTRUCTION OF ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEMENT PHASE II B-4495
i
;i
---------- -- -- -
Mayor Ferre: It is 11:00 O'clock and we must open sealed
bids which is Item 2. Is there a motion? Is there a
second? Further discussion? Call the roll and open the
sealed bids.
The following motion was introduced by Commissioner
`
Plummer, who moved its adoption:
MOTION NO. 85-96
A MOTION TO OPEN SEALED BIDS RECEIVED
FOR THE "ALLAPATTAH INDUSTRIAL AREA
HIGHWAY IMPROVEMENT - PHASE II, B-4495•
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.
Bids were received from the following:
_
Homestead Paving Co.
Miri Construction, Inc.
P & M Corp.
F.R.E. Construction Co., Inc.
Garcia -Allen Construction Co.
Joe Reinertson Equipment Co.
=
------------------------------------------------------------
21. ALLOCATE $7,500 IN SUPPORT OF JOSE MARTI BRANCH OF
Y.M.C.A.
------------------------------------------------------------
-
Mayor Ferre: We're now on Item C. Dr. Fernando Mendegutia
who has been a pillar of our community in many many ways.
Dr. Fernando Mendegutia: My name is Fernando Mendegutia,
-
I'm Vice -President of the YMCA International, Jose Marti and
RT 36 FEB. 14, 1985
my address is 1525 S.W. 18th Street, Miami, Florida. I am
here with Capt. William Alexander who is also a Vice -
President of the YMCA International, Jose Marti in
representation of our President, Mr. Armando Alejandre who
unfortunately has been unable to come today. As you all
know, the YMCA Jose Marti is a branch of the Metropolitan
YMCA which was today honored today by the City of Miami and
it is a non-profit organization. We serve our community
mainly in the Little Havana area with services provided for =
children of needy families and we have different programs
Mayor Ferre: Dr. Mendegutia, in the interest of time
because we've got to be out of here at noon and we've got a
very important item to come up, what exactly is it that you
want the City ...
Dr. Mendegutia: Well, we found that we are a little short
in our budget this year because of a cut of funds that we
received from the Metropolitan Wednesday and we're asking
for ...
Mayor Ferre: Metropolitan Dade County or the Metropolitan
YMCA?
Dr. Mendegutia: Metropolitan YMCA, it is the umbrella
organization. It is called Metropolitan.
Mayor Ferre: We don't know that, Okay, I understand now.
Dr. Mendegutia: We're asking for $7,500 to help us out.
Mayor Ferre: Would that cover your budget then for the
year?
Dr. Mendegutia: Yes, sir.
Mayor Ferre: Through what period of time?
Dr. Mendegutia: For one year. This is a one shot request.
Mayor Ferre: Now, what is the total budget of the Jose
Marti YMCA?
Dr. Mendegutia: A little over $100,000 made up mostly from
private contributions.
Mayor Ferre: And you're short now $7,500.
Dr. Mendegutia: Correct.
- Mayor Ferre: And you serve anybody who goes into the YMCA
for the programs, and as I remember, you have day care
centers, you have Youth Opportunity, After School Programs
and you have sports activities and Citizenship and the
others activities of the YMCA in the United States, is that
correct?
Dr. Mendegutia: That is correct.
Mr. Carollo: What is the recommendation of the
administration?
Mr. Rosencrantz: We only received a request from this group
to be put on the agenda, we did not receive a specific
request or any documentation relating to what they were
going to discuss here or the nature of their request so we
have no data at all to evaluate.
a
HT 37 FEB. 149 1985
Mr. Carollo: How quickly can it be before you could go over
their request and then give a request to the City
Commission?
Mr. Rosencrantz: We should probably have that ready for the
next City Commission Meeting.
Mr. Carollo: You understand sign language, don't you?
Mr. Rosencrantz: I'm not sure.
Mr. Perez: How many children do you plan to serve?
Dr. Mendegutia: Well, right now we are serving nearly 300
children but during the summer we have what we call a summer
camp and we get about 400 children.
Mr. Perez: And you short $7,500.
Mr. Carollo: What is the total request again that you're
making, the total funding request that you're making, what
is it?
Dr. Mendegutia: $7,500.
Mr. Carollo: Mr. Manager, can you have someone from your
administration sit with this gentleman and come back to us
this afternoon with a recommendation?
Mr. Rosencrantz: We will attempt to do that, I don't know
how much data they have or what kind of budget they have,
but we will put someone on it and if they can come to a
conclusion then we will try to get back today.
Mr. Perez: I would like to support Commissioner Carollo's
request. You know, first I think it is important to
-_T emphasize what is the credibility of the YMCA Jose Marti. I
was a board member of this institution about 10 or 15 years
ago. I am very proud of the contribution of the YMCA Jose
Marti to this community, I don't have any doubt about the
credibility, about the model standard or this particular
group. Mr. Manager, I would like, if possible, to have
before 6:00 O'Clock a formal recommendation. I don't think
that it takes too long. You check the credibility of this
group, you check the budget. I think that you have some
program with Dade County and with other institutions, no?
' What kind of programs do you have at this time?
Dr. Mendegutia: Right now we have a teaching swimming
program for children and we also have a family togetherness
program which we're going to start on Saturdays for family
reunions.
Mr. Perez: Okay. Vice -Mayor Carollo, would like in
principle to support that one subject to the recommendation
of the Manager?
Mr. Carollo: I have no problems with seconding a motion
that you would make right now.
Mr. Perez: Subject to the Manager's recommendation.
Mr. Plummer: Mr. Perez, may I suggest, not in principle,
sir, that you approve the grant subject to the
administration's review, and if no objections, it is
approved.
Mr. Perez: That's right.
RT
FEB. 14, 1985
0 0
Mayor Ferret All right, further discussion on the motion as
made? Call the roll.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-97
A RESOLUTION ALLOCATING $79500 FROM
SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE
DEVELOPMENT OF THE JOSE MARTI BRANCH OF
THE YOUNG MEN'S CHRISTIAN ASSOCIATION
(YMCA).
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Carollo, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Dr. Mendegutia: Thank you very much.
22. DISCUSSION ITEM: CONGRESSIONAL WORKSHOP
Mayor Ferret We have a request here by Mr. Tom Travis who
has to be in court at noon. This is a 30 second, Mr.
Travis, we really must, this is it.
Mr. Tom Travis: Thank you, Mr. Mayor, members of the
Commission. My name is Tom Travis. I'm Chairman of the
Miami Congressional Workshop and I just wanted to report
briefly to you on the success of the first workshop. Mr.
Mayor; you were in attendance for a number of those sessions
where we invited down the freshman class of the U.S.
Congress that was just elected in November for briefings on
political security and economic issues affecting the Western
Hemisphere.
Mayor Ferret Mr. Travis, it was a very nice meeting but you
had much too many Republicans there. Other than that it was
all right.
Mr. Carollo: Some might say not enough, Mr. Mayor.
Mr. Travis: The complaint is noted, but I had no control
over any of those. But I will say this, Mr. Mayor, the
interchange between between the Republicans and Democrats,
the academics who were briefing these newly elected congress
people was stimulating, we've been urged to hold this
particular workshop program in the coming years every year
to invite down those participants that could not make it.
Mayor Ferret
you?
RT
Mr. Travis, is there anything we can do for
39
FEB. 149 1985
E
Ok
Mr. Travis:
Mr. Mayor.
We'll be back in touch with another request, -
Mayor Ferre: Mr. Travis, obviously my previous comment was
facetious and around here you've got to specify what is and
isn't facetious because people will tear you apart quickly.
I was - well, in the interest of time I won't tell you my
story, but get right to the point. There were several
meetings, there was a breakfast Sunday, for example, there
was a tremendous turn out of Republicans, Miami local
Republicans hosting their Republican Congress. I understand
in the Democratic tables there was only one or two persons
from Miami. Now, it is obviously not your fault, I'm not
blaming you or anybody else.
Mr. Travis: There were more than that, Mr. Mayor.
Mayor Ferre: I understand that there was a very very slight
turn out.
Mr. Travis: A sparse turn out.
Mayor Ferre: It seems to me, we do have a Chairman whose
name is Dick Pettigrew. It seems to me that one of the
things that you need to do for the next year is to encourage
the local Democratic official organizations to show a little
bit more interest in these newly elected congressmen and
show a little bit more hospitality. I think it is
important. I think it is good that these people got to see
Miami in its full range. Secondly, I do think that in a
limited kind of way these events, this event should not be
limited just to freshman congressmen. I think it is great,
it is a great educational process. Some of those freshman
congressman have got to wait 10 or 15 years before they've
got enough power to mean anything to us. There are people
right now who just with the move of a finger like that can
cost this community tremendous pain or give us tremendous
benefits and we need to get some of those chairmen of these
committees and more important ecligression.al leaders to come
and look at Miami and I would rather spend our money in
getting down here a Senator Dole who lives here anyway, who
has a home or a Baker or people of that stature, Bradley and
others, than to get freshman congressmen who as you and I
know will be there for a long time before they have any
-r power to make any difference to do anything for or against
us.
Mr. Travis: Mr. Mayor, that comment certainly did come up
and Congressman Faseell was very insistent upon us holding
it yearly to include several senior members of Congress. As
you know, Congressman Franzel who is a ranking Republican
member on the Sub Committee on Trade of the House Ways and
Means Committee was down here and he has had a lot to do
with the implementation of some federal legislation which
has definitely benefited this community such as the
Caribbean Basin Initiative and his comments and feelings for
Miami were certainly very positive after his visit here and
I think that as we continue to hold these programs we're
going to include more and more senior people.
Mayor Ferre: Okay, thank you very much. Anything else to
Mr. Travis?
Mr. Travis: Thank you.
Mayor Ferre: Oh, Mr. Travis, there is one thing. Other
than this article in the Miami Herald, was there any other
coverage by the Miami Herald?
RT
40
FEB. 14, 1985
Mr. Travis: Oh, a lot of coverage. Oh, in the Herald?
Mayor Ferre: There is one story from the Miami Herald.
Mr. Travis: There was another story on President Nicholas
Barletta of Panama on his speech which you were present at.
I think that was it, Mr. Mayor.
Mayor Ferre: Thank you very much.
--------------------------------------------------------
23. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
3000-3006 AVIATION AVENUE FROM RS-2/2 TO RO-2.1/5.
------------------------------------------------------------
Mayor Ferre: We're now on Item 1, Ordinance Second Reading.
Mr. Plummer: Mr. Mayor, I think it is, I think this is
about all we're going to take before lunch, isn't it?
Mayor Ferre: I think that is correct. Ladies and
gentlemen, unless there is an emergency of some sort, we
will not be taking up any' other items this morning other
than Item 1 because I think this will take the next 34
minutes.
Mr. Plummer: And what time will we be coming back?
Mayor Ferre: We will then reconvene at 2:30. All right, we
are now on Item 1.
Mr. Richard Whipple: Mr. Mayor and members of the -
Commission, this item was passed by this Commission at the
last meeting. The Department recommends denial of this
item. We believe it is an inappropriate zoning
classification for this area. It intrudes unreasonably into
the residential character of Aviation Avenue and we do not
believe that it responds to the needs of this section of
Coconut Grove. We think it would be a precedent setting
item such as was being used in the arguments at the previous
presentation by which to further break down the community
and the residential fiber. On that basis, we are
recommending denial.
r
Mayor Ferre: All right, Mr. Cardenas.
Mr. Al Cardenas: Thank you, Mr. Mayor. My name is Al
Cardenas, for the record. I represent the applicant owners
and purchasers in this particular transaction. Very
briefly, if I may, this matter has already been through the
Zoning Board which has recommended approval. We have been
through First Reading where this Commission has voted •to
approve the zoning change which has been requested. We had
Second Reading last time in January, we had about two hours
of testimony taken, the public hearing was closed, it was
the wish of the Commission that we meet with the attorney
and the abutting property owner and we met. The Assistant
City Attorney, we met with Public Works, we met with the
abutting land owners and declaration of restrictive
covenants was prepared and presented to the City Commission
for a vote at that time. At that time, if you will recall,
Mr. Mayor, there were two technical issues which were raised
by ms. Janet Cooper as the attorney for the abutting land
owner. One was the validity of the signature of the
original application and the other issue dealt with the fact
that that declaration of restrictive covenant was signed by
the purchaser but not by the actual owner of the property.
And at that time, Mr. Mayor, it was the recommendation of
RT 41 FEB. 149 1985
the City Commission that the matter be deferred until today
as the first item of the agenda. In the meantime, Mr.
Mayor, we have proceeded to get everyone involved, owners
and purchasers to sign this declaration of restrictive
covenant and we have also submitted a letter from the owners
of the property directed to the City Attorney which has been
proffered to her that it was their attorney with their
consent who filed the application for a zoning change and
they further executed the declaration of restrictive
covenant and they have all been proffered to the City. It
is my suggestion that in lieu of a full presentation, we
have had collectively about 7 hours of hearings on this
thing, that public hearing was closed last time, that we've
now complied with the reasons for a deferral and we
respectfully request that the Commission at this time
entertain a vote on this matter and we, of course, strongly
suggest it be vote for approval in keeping with the Zoning
Board's recommendation and your unanimous approval on First
Reading.
Mayor Ferre: All right, Mr. Cardenas, I have a question of
you. I have a letter here from Virginia Hardess, Supervisor
of Membership Records to Ms. Cooper. It says that Stephen
M. Freed who evidently was proffered as a lawyer and as,
therefore, acting properly• as agent, and subject to Mrs.
Dougherty's question - I mean answer to me ... _
Mr. Cardenas: Mr. Mayor, Mr. Freed is an attorney. He has
power of attorney to act on behalf of the owners further and —
we have submitted a letter to Lucia Allen Dougherty, the —
City Attorney, executed by the owners of the property
stating that they have authorized their attorney, Stephen
Freed, to sign the application.
Mayor Ferre: But the
affidavit by Virginia L.
Freed is not now and has
bar.
Mr. Cardenas: To answer
need to be a member
application on behalf of
State of Florida signed in an
Hardison says that Mr. Stephen M.
never been a member of the Florida
your question, Mr. Mayor, you don't
of the Florida Bar to sign an
the owner.
Mayor Ferre: The question I guess, was it just a
misunderstanding when the question was ... You see, Mr.
Cardenas says, "Mr. Mayor, just for the record, the
application was filed by Stephen Freed whose address ... I
know him personally, he is an attorney in law, a good member
and a member in good standing of the Florida Bar. He has
been so for over ten years. He filed the application as you
might know as an attorney member of the Florida Bar.
Mr. Cardenas: Mr. Mayor, that is right. Let me clarify
that for you. I had met Mr. Freed about five years ago. He
represents airline pilots and represented them in tax
shelters, that type of thing. I had met Mr. Freed, that is
because he told me, I hadn't remembered it but I had met him
approximately 5 years ago at a closing t my law firm as the
attorney for one of the pilots and we conducted the closing.
Furthermore, all of the documentation that I have always
received and other presentations have been made, have been
that he is an attorney since he is located in Ft.
Lauderdale, it was my presumption that he was a member of
the Florida Bar. Apparently he is an attorney, not a member
of the Florida Bar, but the issue before you today is, and
that is the correction of the record. Every single activity
that had been undertaken led one reasonably to presume he
was a member of the Florida Bar. He is an attorney, always
answering as attorney, signed as attorney which is perfectly
legal, incidentally, and lived in Ft. Lauderdale. So it is
RT 42 FEB. 149 1985
was a reasonable presumption, I believe on our part, but I
appreciate your correcting the record to reflect that more
correctly. The legal issue before you today, of course, is
whether the application was signed by an authorized agent of
the owners and I believe that the letter that Lucia Allen
Dougherty has executed by the owners reflects that fact.
Mayor Ferre: All right, anything else you want to say?
Mr. Cardenas: No, my conclusion, as I stated earlier, is
that we have had 5 hours of testimony, at your direction we
met for two hours with the abutting land owner and his
attorney, we've executed a declaration of restrictions which
is acceptable, we have proffered it signed by the owners to
correct technical issues that were raised at the last
hearing. I think, frankly, that that is concluded and I
believe at this time it would be appropriate to take a vote
on the matter.
Mayor Ferre: Well, we have to hear from the other side.
Janet, do you want to start? You're in agreement as to how
... Who speaks first, then? Janet wants to speak last. Any
problems with that? How many speakers are we going to have?
Eight. I would hope you could keep all your statements to 3
or 4 minutes.
Mrs. Joanne Holshouser: Joanne Holshouser, 4230 Ingraham
Highway, Coconut Grove. I'm President of the Coconut Grove
Civic Club. This is probably one of the most flagrant
examples of spot zoning I have seen in years. There is no
question about it, there is evidently no pretense that
whoever is asking this intends to build it as they proceed
to list it for sale even as we speak. It will rip up a
residential neighborhood for no purpose whatsoever except
that someone wants to sell a piece of property and make some
money which is a perfectly legitimate aim, I hasten to say,
but I do not think it should be done at the expense of
people who have invested their lives and their life savings
in their homes in this neighborhood. We ask you again,
please help us preserve this Coconut Grove neighborhood and
keep commercial development where it belongs even though it
may be just a few feet away, somewhere it has to stop and
we're asking you please to stop it today right here.
Mayor Ferre: Next speaker.
Mr. Cal Jeffries: Mr. Mayor, members of the Commission, I
am Cal Jeffries. I live at 3055 Kirk Street, that is the
northeast corner of Kirk Street and Trapp Avenue. I object
heartily to any rezoning of this area. You are going to put
commercial in, it is the camel's nose under the tent in
addition to what you have done to us on Bayshore Drive. I
object to having commercial on Aviation Avenue. Your
Planning Commission turned it down, your Planning Board
turned it down, the Zoning Board approved it and you
approved it but I still object to your taking Coconut Grove
and cutting it up like a piece of pie and handing it over to
people who want to commercialize what is our residential
area. Please let the record show that I heartily object for
myself and for the Tigertail Association of which we have
about 250 to 300 members. Unfortunately, most of them work
for a living, they couldn't be here today, but I am here and
I am vehement in asking you to please turn down this
rezoning of a residential area. I thank you.
Mayor Ferre: Next speaker.
Mr. Vincent Pastori: My name is Vincent Pastori, I live at
2901 S. Bayshore Drive in Coconut Grove and I'm here to
speak in favor of this. I've been here a number of times
R q,
43
FEB. 149 1985
ip
and my position is the same on this particular piece of
property and that is that due to the fact that it is a
combination of currently zoned office and town house
property that it is a peninsula that would not alienate, in
my opinion, the residential area. I am here today to vote
for it and ask you to please vote for it also. Thank you.
Mayor Ferre: Next speaker.
Mr. Jim McMaster: My name is Jim McMaster. I live at 2940
S.W. 30th Court. What really bothers me about this is what
is best for the City of Miami, obviously, is to have
property that will produce income and we all know that
commercial property does but 27th Avenue is empty. There
are no office buildings up and down 27th Avenue really. Why
are we expanding this area when there is no need to at the
present time? Why are we going to de -stabilize this
neighborhood when there is no need to? This is a City
block, it is irregularly shaped. The front of it faces on
27th Avenue, a commercially zoned strip. The back of this
block faces. into a residential neighborhood. Mayor Ferre
last meeting was very careful to go over with the City
Attorney the fact about the Banyan Court Townhouses, numbers
19 2 and 3 that no, that they could not legally have a right
to be rezoned. We all know that Mayor Ferre and the
Commission two years ago turned down rezoning to office at
Tigertail and 27th Avenue but Mayor Ferre at First Reading
on this issue berated the Planning Department about how 27th
Avenue is going to have to be rezoned at least to RO. Well,
when these lots are rezoned to RO on the corner of 27th and
Bird, the Banyan Apartments will then have RO or office on
one side of them and if you rezone this RO and office on the
other side of them and you will have no legal reason not to
deny them office zoning on that side of Bird and we'll have
the domino affect down the street. At the First Reading on
this issue Mr. Cardenas stated that the property in question
was not for sale in response to questions from the
Commission. At Second Reading, both he and Mr. Carillo
stated that the property was not for sale. Residents
protested that there were "For Sale" signs out in front of
the property. Mr. Cardenas stated that they were "For Rent"
signs. The Multiple Listing Service carries the following
listing: "This site will let you build a new building with
approximately 27,000 square feet located close to the
Coconut Grove Metro Station in the up and coming Coconut
Grove professional buildings along 27th Avenue for a sale
price of 1.3 million dollars." It is already in the
Multiple Listing Service. They don't own it, they are
rezoning it and they've already got it for sale. Thank you.
Mayor Ferre: Next.
Mr. David Strong: My name is David Strong and I live at
2321 Trapp Avenue and I'm a member of the Tigertail
Association. I would simply like to state that I think the
rezoning of this area would set a dangerous precedent for
the neighborhood that is close to it, below it and to the
side of it that in effect, what I believe you would be
creating would be a domino affect, as the term goes, and
setting a precedent to further commercialize what is now
purely residential areas. Thank you.
Mayor Ferre: All right, next speaker.
Mr. Joseph T. Caley: Joseph T. Caley, 2985 Aviation Avenue.
As I believe all the members of the Commission know, Mr.
Pastori is Coconut Grove Realty, the listing realtor for the
property in question. I believe that this piece of property
clearly indicates the need for a zoning classification
different than RO. The RO zoning which has been presented
RT 44 FEB. 14, 1985
a Ah
as the transitional zoning between commercial and
residential in the Coconut Grove area in particular is not
the appropriate zoning classification and I believe that in
the Grove, in particularly along Aviation Avenue which is
going to be the secondary street serving the Terre Mark
Center and, in fact, will undoubtedly be the primary street
serving the Terre Mark Center, that if the Commission does
desire to change the nature and character of Aviation Avenue
that it should make it a more compatible zoning to the
people in the are rather than what is almost a mega
structure in a residential area, the proposed RO zoning and,
therefore, I recommend and request that you deny approving
this as RO zoning today until the Planning Department can
come up with something that is more compatible with the
neighborhood and agreeable to the neighbors, if, in fact,
they will accept something other than purely residential
down Aviation Avenue. Thank you.
Mayor Ferre: All right, next speaker. Are there any other
speakers at this time? If not, ...
Ms. Janet Cooper: Janet Cooper, I'm an attorney at law with
offices at 169 E. Flagler Street. I'm here representing Mr.
Fennimore Patone, who, as you know, has the property
adjacent to the subject property. We have been in contact
with the applicant and his attorney and, as you know, Mr.
Patone has a very special concern living right next to this
property. We have addressed that concern and solved the
problems related with his concern in an agreement that was
reached both in a declaration of restrictive covenants and
in a private agreement and, as the result of that, we want
to let you know that the concerns have been met, the
concerns of Mr. Fennimore Patone have been met. Thank you.
Mr. Cardenas: Mr. Mayor, in conclusion? I just want to
restate that the primary concern here, as you know already,
in that particular island, Lots 9, 10 and 11 are already
zoned the zoning that we're seeking, RO-2-1/5 and parts of
18 and 19 are and what we are requesting is that the whole
island be similarly zoned which would require rezoning parts
of Lots 18, 19, and Lot 8. I think the main issue that was
raised in the five hours of testimony we've had in all
previous hearing was met when you asked the City Attorney
directly, "Will this create a precedent?" which was 90% of
the concern expressed by everyone, "Will this create a
precedent that would permit others to rezone their property
on Bird and Aviation?" and the answer to you was no and
based on that and based on all the efforts that have been
_ undertaken since to satisfy adjoining land owner and others,
we respectfully request a motion for an approval of our
request. Thank you.
Mayor Ferre: All right, questions from members of the
Commission? Whipple, to you and to the City Manager and -to
the City Attorney, has there been a proffering of a
voluntary covenant to run with the land?
Mrs. Dougherty: Yes, sir, Mr. Mayor.
Mayor Ferre: Mr. Whipple, did that covenant cover all of
the areas that were discussed by the Commission and its
previous meeting of 5 hours on this issue?
Mr. Whipple: In my opinion, it covers all the issues that
the Commission was concerned with, yes, sir.
Mayor Ferre:
like to point
already pointed
i
a
ti
RT
Are there additional concerns that you would
out to the Commission that you have not
out?
45
FEB. 14, 1985
I
Mr. Whipple: No, sir, we would just like to see it denied.
Mayor Ferre: I understand that, Mr. Whipple. Now, are
there any other statements you want to make other than what
you volunteered now?
F
Mr. Whipple: No, sir.
Mayor Ferre: Mr. Manager, anything that you want to add to
it?
Mr. Rosencrantz: No, Mr. Mayor.
Mayor Ferre: Mrs. Dougherty, anything you want to add?
Mayor Ferre: Questions from the Commission? Statements by
members of the Commission? Mr. Manager, would you have
someone tell Commissioners Dawkins and Carollo that we're
about to vote? On, here they are, I'm sorry. Okay. We now
have this issue before the Commission. Is there a motion?
Mr. Perez: Mr. Mayor, on Second Reading I would like to
follow the Zoning recommendation. Also, I would like to
remember the statement that Mr. Campbell of Public Works -
stated on December 3rd at the Zoning Board Meeting where he
said that the rezoning of this particular area would not
overload the sanitary sewer system. I think that this is
less than one acre that cannot affect the residential image
of the neighborhood. On the merits of the project I would
like to move to approve the motion on Second Reading.
Mr. Carollo: I stand by the statements I made the last time
on First Reading, I second the motion.
Mayor Ferre: We have a motion and a second, are we ready to
vote now? All right, call the roll. -
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
APPROXIMATELY 3000-3006 AVIATION AVENUE,
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RS-2/2 ONE -FAMILY
DETACHED RESIDENTIAL TO RO-2.1/5
RESIDENTIAL -OFFICE AND APPLYING THE SPI-
3 COCONUT GROVE MAJOR STREETS OVERLAY
DISTRICT AND BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 45 OF SAID ZONING ATLAS MADE A PART
OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
December 20, 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Perez, seconded by Commissioner Carollo, 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
RT
46
FEB. 14, 1985
0
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9958•
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. Plummer: I'm going to vote with the motion, my main
concern is the person who lived next door, I am given every
assurance that this person, his problems and his anxieties
have been resolved. There is a provision for the other
neighbors on the other side of the street, that if they
wish to change the pattern of the traffic that they can do
such. There is no question in my mind that 27th Avenue from
Dixie Highway to South Bayshore Drive is in for a radical
change - it is coming. As soon as they start widening that
street there is going to be a change of that pattern of that
area and as far as I'm concerned this is not spot zoning, in
no definition is this spot zoning. It is contiguous to the
parcel to the west or to the south. I have to look down the
street a block and a half to the building that exists there
presently, I think it is a nice building for the Grove and
my only hope and concern is that this developer will
likewise feel and want to do as nice as he can and for that
reason I vote yes.
Mayor Ferre: I'm voting with the motion but I want to
explain on the record which nobody needs to stay for, but I
just want to have it as part of the record. It would be
easy for me to vote no and it would be politically
expeditious and I could curry favor with the members of the
Tigertail Association and the people that are here and those
that are not here who are opposed to this project but that
would be hypocritical on my part because I do believe that
first of all this is not spot zoning and (2) that it is
reasonable in my opinion; (3) that it is part of an
inevitable change coming on 27th Avenue. We're not in the
beginning of it, we're in the middle of it and I think
you're going to see some very very large buildings and
drastic things happening at Grove Gate and along 27th
Avenue. I do not think, for the record, that this will
impact on the residential nature of the property beyond 27th
Avenue for a while. Whether or not it will happen in 5 or
10 years I don't know. I don't think anybody can tell you
that, I hope not. I do think it is residential in nature,
once you get away from Bird Avenue and 27th but I think that
particular area is in the midst of change and we're here
and, therefore, I vote with the majority.
Thereupon, the City Commission recessed at 11:53 A.M.
and reconvened at 2:48 P.M.
-------------------------------------------------------------
24. AUTHORIZE ISSUANCE OF R.F.P.'S FOR LEASE OF GROUND FLOOR
RETAIL SPACE IN THE CONVENTION CENTER PARKING GARAGE.
------------------------------------------------------------
Mayor Ferre: We're now back in session. Mr. Fine has
requested on Item 74, which I don't think is going to be
very controversial, it is an RFP. Mr. Manager, can you get
someone to tell us about it?
RT
47
FEB. 149 1985
01
j` Mr. Alan Poms: Mr. Mayor and Commissioners, my name is Alan
k Poms. Vince Grimm couldn't make it but I'm going to speak
for him. The Convention Center Garage has, as you all are
aware, there is an office tower being constructed above the
garage and there was a concern that the construction move
forward on this thing and as you are well aware, that is now
taking place. The tower will be completed in approximately
-
one year and within the ground floor of the garage itself,
the City has approximately 189700 square foot of retail
space. And what we are seeking to have your approval to do, -
is to start the process of having someone lease that space
and take on the responsibility of finishing it and seeking
tenants and overseeing the construction and to pay the City
a rent.
Mr. Rosencrantz: The document that is before you, Mayor, is
the outline of an RFP which the City wishes to use to
advertise and to move forward with this particular project.
Mayor Ferre: All right, any questions on Item 74?
Mr. Plummer: Yes, let me ask a question. You're talking —
about going out with an RFP. You're going to be managing, -
as I understand, you, Centrust, you, Dade Federal ... Fine,
I understand. I'm questioning the reality of having two
people managing in the same facility. It would seem only
logical that we don't go out to bids where we have the
potential problem of someone else managing the ground floor
space and someone managing the top. I just think that it
should be given to Centrust on a negotiated floor square
foot ratio.
Mayor Ferre: I think you've got a legal problem.
Mr. Martin Fine: For the record, my name is Martin Fine.
Mr. Plummer: Excuse me, Marty, let me not take up any more
time, if we've got a legal problem and it can't be done so
Mr. Fine: Except there is one little thing along your lines
that I think is appropriate. We represent Centrust and we
would like to do that but we have met with the City Attorney
and received full cooperation. We think that under your
Charter it is necessary to bid it, the only little addition
to this proposed format, Mr. Manager, and Madame City
Attorney, is that we would like to suggest that on page 10,
for example, that we say, hopefully Centrust will bid this
and hopefully will give the City a good bid so you can award
it to Centrust but whoever gets it, we say the provisions of
the lease to be executed for this space to the extent
applicable and possible be similar to those of the
— provisions in the air rights lease to help carry out just
what you said.
Mr. Plummer: Let me tell you where I think that is wrong.
I think the provisions should state no less than what the
upper air rights - not similar, but no less than. It means
we could get more but we won't have to take anything less
than what you all are paying us on top.
Mr. Fine: Well, you can't because it is two different
spaces.
Mr. Plummer: I understand that.
Mr. Fine: Well, I don't understand.
Mr. Plummer: In other words we're not going to get, on a
lease basis per square foot any money less on the ground
floor than what we're getting on the upper floors.
HT 48 FEB. 14, 1985
Mr. Fine: That's fine, and we're ...
Mr. Plummer: But you've got to put the terminology "No less
than".
E
Mr. Fine: That's fine. When the Manager does it, and we're E
saying the basic terms of the lease where applicable would
apply and we're satisfied with that.
Mr. Plummer: I don't get paid to negotiate.
Mr. Fine: I understand.
Mr. Dawkins: Mr. Manager, what is to be the width of the
parking spaces, what is to be the width of the turning
lanes, etc.
Mr. Fine: We have nothing to do with that.
Mrs. Dougherty: That's why I didn't ask you.
Mr. Rosencrantz: Commissioner Dawkins, if you're talking
about parking in the World Trade Center, those things have
already been established and in operation.
Mrs. Dougherty: It is going to be the same squeeze turn and _
banged fender situation that you've got in the Convention
Center?
Mr. Rosencrantz: No. This RFP that presently is before you
is for the commercial space, it is not for parking space, it is for commercial space, the retail space. There will be no
change in the parking but the parking is already there. —
Mr. Plummer: The parking is already there, there isn't
another garage.
Mr. Dawkins: In the future, when you or whoever negotiate
parking, if you come back with one of those non-negotiable
turns in parking I'll be trying to defeat it.
Mayor Ferre: All right, are we ready to vote on this thing?
Mr. Plummer: I move Item 74 to put it out to an RFP.
Mayor Ferre: Let me make sure I understand. Those planted
areas out in the street, whoever bids it will take care of
it so that, in other words, we don't have that
responsibility?
Mr. Poms: The Lessee will have the responsibility for the
maintenance.
Mayor Ferre: The ground floor, in other words the flowers
and the way it looks and the whole thing.
Mr. Poms: Correct. Well, some of that will be Centrust's
responsibility, that portion which is part of their lease
area.
Mayor Ferre: Forget that, I'm talking about the area you're
dealing with in the RFP. It may be Centrust, it may not be
Centrust. They're going to take care of the flower pots and
the palm trees and all of that in the courtyard there. And
now, as I understand it, whoever gets this, they have a
right to they're going to clean the place up every night.
Mr. Poms: There is a regular maintenance provision.
RT
49
FEB. 149 1985
t
Mayor Ferre: But if there is something spectacular like we
have a basketball game and we have 5,000 University of Miami -
athletes and what have you and they start throwing beer cans
and all that, that is our responsibility or they'll fix it
up and then charge us for the extra, is that it?_
Mr. Poms: Well there is a '�
provision that if we don't take
care of it they will bring in the special cleaning crews and
do it as an offset against their rent. However, the garage
itself is managed by the Department of Off Street Parking
and they have been handling those common areas up to this
point.
Mayor Ferre: Okay, very good. All right, anything else?
call the roll
The following resolution was introduced by Commissioner
Plummer, who moved its adoption: -
RESOLUTION NO. 85-98 -
A RESOLUTION AUTHORIZING THE ISSUANCE OF
A REQUEST FOR LEASE PROPOSALS IN
SUBSTANTIALLY THE FORM ATTACHED AND AS
DIRECTED BY THE CITY COMMISSION IN ITS
MEETING OF FEBRUARY 14, 1985 FOR THE
LEASE OF THE GROUND FLOOR RETAIL SPACE
IN THE CONVENTION CENTER PARKING GARAGE
LOCATED ON A SITE BOUNDED BY SOUTHEAST _
SECOND STREET, SOUTHEAST FIRST AVENUE,
DOWNTOWN DISTRIBUTOR I-95 (S.R.D. 854)
AND HALL-BELCHER TRACT (HOWARD JOHNSON'S
INC. PROPERTY).
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
_ Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
NOTE FOR THE RECORD: DEDICATION OF MARTIN LATHER KING
PARKING LOT #7 WILL BE MARCH 289 1985 AT 12:30 P.M.
25. SECOND READING ORDINANCE: PROVIDE FOR ADDITIONAL
LIMITATIONS ON AUTHORIZED INVESTMENT IN REPUBLICS OF
NAMIBIA & SOUTH AFRICA.
------------------------------------------------------------
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING, TO THE EXTENT
PERMITTED BY LAW, FOR ADDITIONAL
LIMITATIONS ON AUTHORIZED INVESTMENT IN
THE REPUBLICS OF SOUTH AFRICA AND
NAMIBIA OF CITY FUNDS OR FUNDS OF ANY
RETIREMENT PROGRAM CONTROLLED BY THE
CITY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
RT
50
FEB. 140 1985
i
passed on its first reading by title at the meeting of
January 10, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Dawkins, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9959
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.
------------------------------------------------------------
26. SECOND READING ORDINANCE: AMEND SECTION 55-14 OF CITY
CODE: RECORDS KEPT BY SELLERS OF ELECTRICITY; METERED
GAS; BOTTLED GAS; FUEL OIL, TELEPHONE SERVICE; TELEGRAPH
SERVICE OR WATER SERVICE.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 55-14 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, WHICH REFERS TO RECORDS KEPT
BY SELLERS DELIVERING ELECTRICITY,
= METERED GAS, BOTTLED GAS, FUEL OIL,
TELEPHONE SERVICE, TELEGRAPH SERVICE OR
WATER SERVICE IN THE CITY OF MIAMI,
FLORIDA, BY AUTHORIZING THE CITY TO
REQUIRE THAT SUCH RECORDS BE MADE
AVAILABLE IN THE STATE OF FLORIDA, OR
THAT SELLERS, AT THEIR OPTION PAY ALL
REASONABLE COSTS INCURRED BECAUSE OF
CITY AUDITORS HAVING TO TRAVEL OUTSIDE
OF THE STATE OF FLORIDA TO INSPECT AND
AUDIT SUCH RECORDS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of
December 13, 1984; 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. 9960
RT
51
FEB. 149 1985
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.
------------------------------------------------------------
27. SECOND READING ORDINANCE: AMEND CHAPTER 54.5 OF THE
CITY CODE "SUBDIVISION REGULATIONS" DEFINITIONS,
BUILDING PERMITS, DESIGN STANDARDS.
------------------------------------------------------------
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 54.5,
"SUBDIVISION REGULATIONS", OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 54.5-1, "DEFINITIONS";
SECTION 54.5-.11, "BUILDING PERMITS,
ISSUANCE"; -AND SECTION 54.5-129 "DESIGN
STANDARDS"; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of
January 10, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Dawkins, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9961.
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 GO WAS WITHDRAWN.
NOTE FOR THE RECORD: COMMISSIONER PEREZ ENTERED THE MEETING
RT 52 FEB. 14, 1985
P
P
r AT 3:04 P.M.
28. FIRST READING ORDINANCE: AMEND CHAPTER 54 OF THE CITY
CODE STREETS do SIDEWALKS BY ENACTING A NEW SECTION 54-47
RIGHT OF WAY DEDICATION REQUIRED.
NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE
MEETING AT 3:05 P.M -
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.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and was passed on its first reading by
title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
29. POLICE SUB-STATIONS/DRUG PROBLEMS: INSTRUCT POLICE
CHIEF TO STUDY MANNING OF SUBSTATIONS, NO EXTRA FUNDS,
ETC.
Mayor Ferre: We'll take up Item D.
Mr. Rosencrantz: Mr. Mayor, at prior meetings of the City
Commission you instructed the administration to come back to
the City Commission with three items in reference to the
Police Department. The first item was to introduce the
upper echelon of Police personnel to the City Commission.
The second item was the discussion of proposed substations
and the third item was a discussion by the City Police
Department concerning their drug program. What I would like
to do at this time, is to give you a brief background sketch
of the Chief of Police, Clarence Dixon and he will very
briefly introduce to the members of the City Commission
members of his top staff. Clarence joined the Police force
in March, 1960. During this time he had been on the Miami
City Police force, he had received numerous awards including
the Officer of the Year, the Silver Medal of Merit plus
awards from civic and community associations. He has moved
RT 53 FEB. 14, 1985
ow 01,
up through the ranks in the Police Department starting as an
officer and just recently was promoted to Chief of Police.
He is credited with organizing the City's first neighborhood
crime watch program and he is credited with initiating the
Overtown Team Police Concept approach as well as the mini -
station concept. He has been through several specialized
police courses, he has attended the Southern Police
Institute as well as taking courses at local colleges and
universities. The only other thing I would tell you about
the Chief of Police is that he is not yet 50 and he has a
wife and 4 kids. At this point, I would like you to, Chief,
if you will, introduce the members of your staff.
Mr. Plummer: I'm glad you introduced him to us because I
wouldn't recognize him without the hat.
Chief Clarence Dixon: Nor do my men, Commissioner.
Honorable Mayor and Commissioners, Mr. Rosencrantz, I
appreciate this opportunity'to address you and introduce the
members of my immediate staff. I do this with great pride
and confidence in their professionalism and their ability to
serve the City of Miami as continued quests for improved
citizen safety and the pursuance of the laws which we have
been entrusted to enforce. Let me first introduce my Senior
Assistant Chief, Alfredo Bared. Chief Bared heads the
Resource Management Division, more explicitly, he oversees
the Department's administration and management
responsibilities. Chief Bared joined the Department in 1960
and has served in a staff capacity since his appointment to
Major in 1976 and Assistant Chief in 1984. Chief Bared
earned his bachelor's degree from Biscayne College and is a
graduate of the FBI National Academy. His record reflects
numerous commendations from both his superiors and the
citizens of this community.
Mr. Plummer: Chief, Al, would you walk up here, the TV
cameras can't see you.
Mayor Ferre: That's not a bad idea, why don't each of you,
as you're named by the Chief, step forward. We obviously
know all of you but ...
Mr. Carollo: Plummer wants to make sure the bad guys
recognize you, Al.
Chief Dixon: As I do this, they will be coming back because
they will be part of the presentation on the substations
that we're going to give you so you'll have a chance ...
Mayor Ferre: So why don't you just sit up front here,
Chief, if you would, and those of you that are going to be
talking, why don't you step on forward. I know that
historically it is always the wise thing to sit in the last
row, but let's make an exception today.
s
Chief Dixon: I would next like to present to you Assistant
Chief Juan Fernandez. Chief Fernandez heads the Special
Service Division and is responsible for overseeing the most
sensitive areas of the Department, Internal Security and
Special Investigations as well as our Police Information
Unit. Chief Fernandez joined the Department in 1960 and
became a member of staff with his appointment to Major in
1984 and Assistant Chief in 1985. Chief Fernandez earned
his Bachelor's degree from Biscayne College and is a
graduate of the Southern Police Institute in Louisville,
Kentucky. He has won various honors and commendations
throughout his career. Chief Fernandez, would you stand
again, please. Thank you. Next, may I present to you
Assistant Chief Michael Mahoney who heads the Operations
Division. He is responsible for the largest number of sworn
RT 54 FEB. 14, 1985
P P
officers within the Department as he is in charge of uniform
patrol, traffic, criminal investigation. Chief Mahoney
joined the Department in 1960 and has served in a staff
capacity since his appointment to Major in 1981 and
Assistant Chief in 1985. Chief Mahoney earned his
Bachelor's of Science Degree from Barry University and has
attended various law enforcement courses throughout his
career. He has received several awards and commendations
during his police career. Thank you, Michael. Finally, let
me present to you Deputy Chief Perry Anderson. Chief
Anderson heads the Uniformed Services Bureau which oversees
the sworn uniform compliment of the Miami Police Department.
Chief Anderson earned his Bachelor's Degree from Florida
International University and is a graduate of the Southern
Police Institute. He joined the Department in 1969 and was
appointed to a staff position in 1981, subsequently
appointed to the position of Deputy Chief in 1984. Chief
Anderson is a Vietnam Veteran and was decorated with the
bronze star. He has also received many commendations during
his police career. Thank you, Perry. All of my assistants
and Deputy Chiefs have served in various units, subdivisions
of the Miami Police Department and represent many years of
police experience throughout the ranks. I am sure that this
experience will be of great value as we work together now as
in the future to maintain the high standards of quality and
quality of service that the Miami Police Department is known
In the order that I have gone, we will be making a
presentation to you in reference to the substations. My
other staff members who will be involved in that process is
Colonel Alfredo Dominguez, Commander of the Administration
Section. Colonel Dominguez joined the department in 1974
and was appointed to a staff position in 1984. Colonel
Dominguez, would you stand, please? Major George Adams,
Commander of the Bond Unit; Major Adams joined the
department in 1958 and became a staff member in 1984 and has
done a very intricate part of this substation presentation
that we are about to give you. Major Adams, if you would
stand, please. Thank you. Major Raul Martinez, Commander
of the Community Relation Section, Major Martinez joined the
department in 1974 and was appointed to a staff position in
1984. Major Martinez, would you please stand? Thank you.
Major Jimmy Burke, Commander of the Special Operations
Section. Major Burke joined the department in 1964 and was
appointed to a staff position in 1984. Major Burke, would
you please stand? Thank you. So, there you have the staff
members who are here today and most of them you will see
again before I get into the next phase.
Mr. Carollo: Chief, I have a problem.
Mr. Dickson: Yes, sir.
Mr. Carollo: See, there's none of you here and there is
only one minority. You only have one Anglo in the whole
group.
Mr. Plummer: You think you got a problem with that!
Mr. Carollo: I want to see you hire more minorities,
Chief; I want to see more Anglos in there.
Mr. Dickson: That's a point.
Mr. Plummer: Around here, we're the only true minorities.
Mr. Dickson: As the agenda, as we proceed with the agenda,
I do have the update that Commissioner Carollo asked for in
reference to the street narcotics. He wanted a comparison
between what we have done over the last three weeks or four
weeks compared to what we did last year at the same time.
RT 55 FEB. 14, 1985
A 01`
In order to try and give you some kind of idea as to what we
have done in the area, in the way of street narcotics. On
the left hand side of this chart here represents 19859 this
year. The right hand represents 1984, last year. We're
talking about the 23rd of January, 1985 through the 14th of
February, 1985 compared to 22nd of January, 1984 through
February 140 1984. As you can see on the street narcotics
unit there are the alphabet A, B, Co D right down the line
there. In 1985 we executed 74 search warrants. That was
Just a few days ago. In 1984 compared to that we executed
three search warrants. That is a significant increase. I
might note in the way of interest here is that in 1984 it
found us in the same kind of a position that we are now.
Chief Breslow was mandated to do what I was mandated to do.
We were in fact dealing with narcotics, but we are taking a
different approach at this time. Last year, we were out in
Coconut Grove doing what we are doing now. The only
difference is we were going after the buyer instead of the
pusher. So we consequently arrested, as you can see up
here, arrested some. 69 buyers and served three search
warrants. In 1985 we served 74 search warrants and 110
arrests. As you can see right down the line, C, D, E, F ,
G, H, I, there is virtually zero all the way down the line
as it relates to buying bust cases, 43 fire arms seized,
1,150 recovered stolen properties and monies, $27,725
currencies seized, 6.34 lbs. of cocaine, which equals to
about $353,387, 310.5 lbs. of marijuana, which in money is
$164,305, and 2.96 oz. of heroin, worth about $11,006. The
total value of drugs seized so far has been half a million
dollars, $529,000. On the right hand side of that chart, as
we see, we see virtually zeroes with the exception of one
pound of marijuana worth $1,000. What this indicates to us
in that we did take an approach last year that was effective
only as it related to arrest and relating to those people
who buy and not the pusher on the street, so that's our
update on that. We're still dealing with that situation.
Mayor Ferre: Questions from members of the Commission?
Mr. Carollo: Chief, I have a question, maybe it's a
statement instead of a question, but I think that you're in
the right track in going after the small dope peddler on the
streets. My concern is that since the failure of our last
major drug investigation, tic talks, we really haven't had a
single impact on any of the top echelon drug pushers, so
called godfathers of the drug trade. My concern is that I'm
receiving complaints from some of the other people that
lease City property, not just here in the Grove, but in
other parts of the City, of just how freely drugs are coming
in and out of the different places that are next to the
water in the City of Miami and that no one seems to be
really pursuing it. At the same time my concern is that I'm
beginning to see too many of the heavies in the drug trade
starting to move back into the City of Miami buy the b,ig
fancy homes, alias "Scarface," all kinds of zoning
violations and everybody is turning their backs. My concern
is that we're not doing anything about the real cancer.
We're not going after the big guy. We seem to be going
after the tail, but we're not going after the head. What
I'd like to see the Miami Police Department do is through
the efforts of the Organized Crime Bureau of Dade County,
the State; and the D.E.A. identify who the main drug pushers
are in the City of Miami, identify where they are living,
the place of operation, and put the heat on these guys. If
we have to assign another 20 officers just to keep track of
these guys, I think it would be worth our time, because
these are the people that are giving drugs to the little
guy. So what we're doing is instead of stopping at the
head, we're trying to stop it at the tail, the end. It
might save us a lot of time and energy and be a heck of a
RT 56 FEB. 14, 1985
't.
lot more fruitful if we start aiming also at the big guys,
the godfathers of the drug trade. I think you know some of
the examples I am referring to of some recent people that
have moved into this City.
Mr. Dickson: Yes, I do. We have really, Commissioner,
never given up going after the big guy, but there is so much
more publicity in dealing with the street pushers until the
upper echelon, organized investigators, the Organized Crime
Bureau, and what our own SIS unit is doing, unfortunately,
don't come out except once every 90 days, after they have in
fact busted a big guy that has bought about maybe eight
weeks of nine months of investigation. So, consequently,
what has been occurring on a daily basis, they've attracted
all of the attention, but we're still dealing with that
higher level drug pusher. We can more effectively than we
have in the past, deal with the stuff coming in by water, if
we can maintain our marine patrol. At the present time, we
only have one boat. We would like at least two; that would
give us at least 50% more coverage.
Mr. Carollo: Chief, what happened to that second boat that
we had approved? If I recollect right, we had approved
enough funds for two boats. Am I correct in that?
Mayor Ferre: We did vote...I thought we had two boats.
Mr. Plummer: We did. The other one they burned up the
motors.
Mr. Dickson: The second boat is a confiscated boat that we
confiscated, but that is out of the water now. The motor
just burnt up on us.
Mr. Plummer: $15,000 to replace the motors.
Mr. Carollo: Yes, but didn't we approve originally enough
funds for two Boston Whalers?
Mayor Ferre: That's right.
Mr. Plummer: We did. That is correct.
Mr. Carollo: What happened to the monies to the other one?
Mr. Plummer: The second boat, the motors, as I recall, the
motors burnt up and replacement value....
Mayor Ferre: No, J.L., the second boat is a confiscated
boat.
Mr. Plummer: The other boat we had the outdoor motors on,
the two big Evinrudes replacement value; both motors went
out after warranty and it was $15,000 to replace them.
Mayor Ferre: This is a Boston Whaler?
Mr. Plummer: The first boat is a Boston Whaler.
Mayor Ferre: See, what Joe is saying is we approved, and
he's right....
Mr. Carollo: Two Boston Whalers.
Mayor Ferre: That's right. We voted for two Boston
Whalers. So what you're saying is that we only bought one.
Is that it?
Mr. Plummer: As I recall we only bought one.
RT 57 FEB. 14, 1985
0*
Mr. Dickson: We have one, as I....
Mr. Dawkins: Chief, let me give you some advice. This was
before your administration. The best thing you could do is
sit down and let whoever is supposed to catch hell for this,
catch hell for it.
Mr. Carollo: Maybe whoever is supposed to catch hell isn't
here anymore, most likely.
Mr. Dickson: I can appreciate that, because I can't answer
for the boat we don't have. I can when we get back....
Mr. Carollo: Chief, it's not your fault, but if you could
do this for us, because the Commission did vote for X amount
of dollars for two Boston Whalers. I think we need to know
where the rest of that money was diverted to. If you could
find out for us just how much money was used to buy the one
Boston Whaler and where the rest of the money that we
approved for the second one went to. I think this
Commission needs to know that before we try to find
additional revenues for the Marine Patrol. I'm very much in
favor of that. I think it's something that is very
positive. I'm glad you brought it out again.
Mr. Dickson: Thank you, Commissioner, I'll be glad to look
into that and find out what happened to the money. I
understand it might still be wherever it was a couple of
years ago. I'll be glad to find out where it is and proceed
with that. I take your recommendation very seriously. As
far as concentrating on the upper level echelon of organized
crime as it relates to drugs especially; we will in fact
deal with that issue just as stringently as we are the
street drug crime.
Mayor Ferre: Chief, that's not to say -and all of you- that
we're not all very impressed and proud that you've taken
such a strong position and the fact that you've had 74
search warrants in January through February 14th and we had
three last year in the same period of time. That, in
itself, is an awful lot of work. The fact that you've made
110 arrests, which is almost double of what you did last
year is impressive. The fact that you've seized as much
stolen property and currency that was seized and so on is
certainly indicative that you were out there going after
criminals. But I think what Commissioner Carollo is saying,
and I subscribe to it, not to discourage you from doing
this, but to encourage you, and I know you can't do it
alone; it's too big a job for you to do alone, but i would
hope that with the DEA and Metropolitan Dade County Crime
Organization that we go after some of the bigger fellows
too.
Mr. Dickson: We are doing that and we will continue to 'do
that. I'd be happy to get back with you and let you know
how well we've done with that.
Mayor Ferre: Any further questions?
Mr. Carollo: Mr. Mayor; I'd like to bring an idea to the
Chief; to whole upper echelon staff of the Police Department
that's here. Chief, I'd like you take into consideration
the following study. Approximately 25% to 30% of our force
right now lives inside the City of Miami. Between 25% to
30% of our Police Force lives within the City of Miami
limits. With the budget cuts that we are anticipating for
next year, we're looking right now at a possible ten to
fifteen million shortfall for next year's budget. I think
we need to look at additional ways that we can increase
police presence inside the City of Miami without necessarily
ow
spending a lot of additional dollars for it. One of the
things that I would like for you and your staff to consider
and study is the possibility of at least maybe starting with
those officers that live within the City of Miami and have
been in the force for at least three years or maybe fivo
years, to have given them a patrol vehicle to take home with
them, where in fact on their off time is going to give us
additional police presence in the streets. When they go out
maybe to the store, there is going to be another patrol
vehicle. The bad guy don't know if that police officer is
on off duty or on duty. That patrol car is sitting in front
of their home. Initially, it's going to be more expensive
for us, because we're going to have to buy more patrol
vehicles. I think in the very short long run, it's going to
be a lot less expensive because I think you'll find that the
studies of other police departments around the country shows
that once you give that patrol vehicle to an individual to
be his to take care of, they're going to look out for it a
lot more, if they are having it every day than if they don't
and the life of that vehicle is going to be a lot longer
than it is otherwise. If you could look into that and give
us your recommendations on this as soon as you can.
Mr. Dickson: I certainly will. I'll be very happy to do
that.
Mr. Carollo: Besides giving us extra police presence, it's
going to be additional stimulation to the officers that have
been around a little longer in the department and live in
the City of Miami.
Mr. Dickson: That sounds like a viable to some of the
problems we're going to have with manpower. You're right,
the .studies that we have looked at, does show that the cars
are taken care of, last a lot longer, they stay cleaner, and
there are less accidents as well. I'll be glad to look into
that, Commissioner.
Mr. Carollo: Chief, I congratulate you and your staff. I
think that the job that you've done and particularly in this
area of narcotics in the past month should be complimented.
I think what we need to do, though, is keep the heat on and
make sure that the whole year ends up like the first month.
Mr. Dickson: Yes, by all means.
Mr. Plummer: Chief, is this primarily Liberty City?
Mr. Dickson: Primarily.
Mr. Plummer: I'm sure that the people in Coconut Grove that
are selling are thankful to you because you're pushing new
customers to them.
Mr. Dickson: Yes, we are, we are pushing them down to
Allapattah now Commissioner. We're trailing them down to
the Allapattah area.
Mr. Plummer: The people in Coconut Grove would like to know
when you are going to come down there and visit.
Mr. Dickson: We have not totally neglected Coconut Grove
this time.
Mr. Plummer: The answer is that you will not neglect them,
that it will be shortly.
Mr. Dickson: That's right, because on the right hand side
of the chart was here, that represents Coconut Grove. But
we are going to have to follow these people as we push them
HT 59 FEB. 14, 1985
Oak
further south and also east. We're following them all over
the City.
Mayor Ferre: Chief, thank you very much. Do you have now a
presentation to make on the substations?
Mr. Dickson: Yes, I would like to make this as quick and
concise as possible, because I know that we have a long
agenda here. The booklet submitted for your review and the
presentation that you are about to hear on substations are
working documents. The final product will depend on your
input and/or acceptance of the suggested services we submit
to you. That's only a working document. Those are not
final products. Services we feel should be provided from
the substations...We are confident that the services
depicted in this report are in keeping with the full service
and I quote that full service concept sound police
management and operational principles and community input
and our own identification of needs unique to the City of
Miami residents. The substation concept being proposed is
rooted in the City of Miami to bring the police closer to
the people it serves, therefore, increasing the police
effectiveness and bridging the gap created by past
conflicts, misunderstandings, and misperceptions on the part
of the police and the community: This concept also is one
that is based on common sense. If Miami is to develop a
strong economic base in the north and south area target, a
perception of safety, an assurance of well being must be
signaled to those potential investors, entrepreneurs and
consumers who have economic ability and insight to
contribute and participate. The presentation will be as
brief and concise as possible, but because we're talking
about the disbursement of millions of dollars, I do request
your indulgence for at least 45 minutes.
Mr. Plummer: What? That's brief?
Mr. Dickson: Yes.
Mr. Plummer: Please don't ever answer a memo. You better
schedule this for next meeting. You have too many people
waiting.
Mr. Dickson: What we'll do is we will cut back on what
asked originally by the Commission and that was some history
' on the substations, how they came about and the process that
took place. I'll briefly say this. The process that took
place involved community input from both the north end of
Liberty City community as well as the Hispanic community for
Little Havana substation. That much was done. Beyond that,
the history, I think, is pretty well in the booklets that
you have there. So we'll slide through that; Major Adams
will not have to give that presentation. You can wipe the
smile off your face now, George. We will move basically
right into the services. It's important that you know what
services that these substations will provide for the
community. That should take about five minutes. We'll do
that, then we'll get to the budget and let you know how much
this is going to cost us. Service, Chief Mahoney. We're
knocking off about 30 minutes of this.
Mr. Plummer: Chief, how many speech writers do you have? I
want to remember at budget time next year.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Assistant Chief Mahoney: I'm briefly going to address the
kinds of services that these substations are going to render
to the districts that they serve, plus the kinds of human
sl 60 February 14, 1985
OR A
resources it will take to roan the substations under the full
substation concept. Keep in mind that these human resources
I'm going to refer to are in addition to the kinds of police
cars that we have in routine patrol, handling accidents, and
so on. If you'll excuse my back, I thought it would be
appropriate if we discussed some of the demographics very
briefly. We are talking about the north district. The
north district is in green out there, where it says 10 and
20 sector; it encompasses approximately 7 square miles.
Last year the City of Miami Police Department responded to
80,000 calls for service there. Very briefly, it borders on
the north of the city limits, on the west 17th Avenue, on
the south the airport expressway, and on the east Biscayne
Bay. Demographically in ten sector we are talking about
predominantly a Black population. In twenty sector we have
a mixture of Haitian and Anglo. Dropping down to the
central district in 30 and 40 sector, 7.4 square miles; last
year we handled approximately 93,000 calls for service
there. That central district is bounded on the north by the
airport expressway, on the west by 27th Avenue, on the south
by the Miami River, on the east by Biscayne Bay; this
encompasses the downtown business area. Demographically we
are talking in 30 sector a mixture in the western boundaries
of Hispanic -Cuban and Black. In the area of Miami Avenue,
N.W. 2 Avenue, N.E. 2 Avenue we're talking about Puerto
Rican -Hispanic and on the areas adjacent to the bay, we're
talking predominantly Anglo. In the south district, we have
a relatively large area compared to the north and central,
we're talking 17.7 square miles. Last year we handles
132,000 calls for service there. This is bounded on the
north by the Miami River and on the west by the
unincorporated area called Gables and on the south and in
the east by Biscayne Bay once again. Demographically, we're
talking about a population breakdown in 50 sector and 60
sector is basically Cuban -Hispanic. In the lower part of 70
sector we have predominantly Black area in Coconut Grove.
Along the Brickell Corridor and South Bayshore Drive we are
talking predominantly Anglo. Now that we have an idea about
the districts that these substations will be serving, let's
talk about some of the services that they'll... We're
trying to avoid in confusion the existing facility in the
central area will be considered the central district station
or headquarters building.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mr. Mahoney: One of the primary services of the
substations, of course, will be the front desk operation.
This will be in operation 24 hours a day, seven days a week
for citizens convenience. I think that we need to just
notice a couple of things that the front desk can offer the
community. That is walking and having reports made, walking
in and being referred to other arms of government to resolve
their problems, come in and make complaints, possibly
against alleged police misconduct. They can be sort of a
mini community relations unit, hopefully enhancing the
interaction between the local community and the police.
They also can save the public considerable time by affording
the availability of a civilian I.D. service card. A lot of
the people that live in these districts don't have vehicles,
don't have the way to come on downtown and lose a half a
day's work to acquire one of these devices. So this will
really help them in term of loss of time from their job and
money. In terms of staffing, keep in mind, this staffing is
in relationship to the substation proper. This is not
talking about any of the periphery area. We're talking
about the manning the edifice itself. First of all, the
person who will be in overall charge of the operations on a
daily basis will be a staff officer. That would be the rank
sl 61 February 14, 1985
of major or above. He will have a mini staff reporting to
him and a sergeant and two typist clerks II who will handle
the clerical work generated by the 140 police officers
working in the field. He will have a deputy commander, a
captain, and he will have five lieutenants, who will afford
24 hour day command presence at each substation. The front
desk will be manned by a sergeant, police officers, some
public service aides. They'll have something new called the
GIU unit. We'll have two detectives assigned to each one of
these district stations. They will act as liaison between
the community and central CIS (Criminal Investigation
Facilities) downtown. .They'll provide tips and leads and
feed back to the public. Hopefully, we'll like to have them
live within the district, if that can be. Also, we'll have
two crime analysis assigned to each district substation.
They'll help with pin maps and help the officers locate
crimes that are occurring in their area. Finally, we'll
have a VIN unit. This is an important unit, because VIN
stands vice intelligence and narcotics. This group of a
sergeant and four men will address those kinds of street
problems in terms of narcotics and prostitution that occur
within the district itself.
Mr. Plummer: Question, I'm assuming that this is not a
duplication of already present, -that this amount of people
are going to be pulled out and put into the substation.
Mr. Mahoney: No, sir, I prefaced my remarks by saying these
people will be in addition to our normal staffing in each
one of these areas.
Mr. Dawkins: Well, let me ask you a question.
Mr. Plummer: Why is that necessary?
Mr. Dawkins: Let me take it a step further, Commissioner
Plummer, please. How are you meeting the needs of the
individuals in those areas now?
Mr. Mahoney: The normal staffing, the field employment of
persons will not change.
Mr. Dawkins: No, no, no, no, no, no, no, answer my
question. How are you meeting the needs of the citizens of
the City of Miami now?
Mr. Mahoney: We're meeting the needs now, but the thing
that I think that you're talking about once you have a fixed
facilities, where you've established.
Mr. Dawkins: Six? Why do we have to have six?
Mr. Mahoney: A FIXED facility, such as another district,
you are going to require additional manpower that currently,
that manpower is being served out of central district, or
headquarters. But once you establish an additional site,
you have to require additional manpower, because you are
talking about a full service facility on a full service
site.
Mr. Dawkins: No way I can accept that.
Mr. Plummer% That's crazy. You're looking at about 40 men
per substation additional. That's crazy.
Mr. Dickson: Let me try and answer this question now.
We're building two different substations. We're building
two more additional substations.
Mr. Plummer:
Chief, you are building two buildings.
sl
62 February 14, 1985
A
in
Mr. Dickson: Two buildings, that's it.
Mr. Plummer: That's two physical buildings. You come here
now and tell me with this proposed budgeted manpower that
you have of 1050 men that you by virtue of opening two
physical sites are going to need at least 80 additional
people?
Mr. Dickson: Let me explain.
Mr. Dawkins: Before you explain it, I want to tell you
this. I am aware that the former City Manager did not want
these substations. I am aware of the administration not
wanting them. I am aware that there are individuals in the
Police Department who did not want these stations. So Chief
Dickson, I don't want to hear about why you can't do it. I
want you to tell me what you're going to do with the present
manpower and the $10,000,000 that you got. That's all I
need to know, sir.
Mr. Carollo: Commissioner, let's be fair. Let the man
explain his professional point of view. Then if you differ
with it, tell him why. But I don't think we should close
our minds to it. Let him give you whatever he has in
research in his opinion what the staff feels. Then let's go
from there argue against it or for it. Let's see if we can
let him finish presenting his views and go from there. I
think that the Chief is aware of a lot of what you said and
I'm sure that he's taken a lot of time and put a lot of
extra consideration to what he's going to tell us here
today. So, Chief, you can go ahead and explain to us what
your feelings are on it and how many men you really think we
need to man those stations.
Mr. Dickson: Thank you, sir. The headquarters are a seven
day a week, 24-hour day operation. Headquarters is where we
are right now. If we build one more substation, that's
going to require a 24-hour a week, seven days a week
substation. If we build a second one, that's going to be
another seven days a week, 24-hour a day operation. So we
are talking about staffing two additional seven days a week,
24 hour a day operations. That simply mathematically is
going to require more manpower, unless we want to shut down
some of the things that we're doing now and dedicate that to
running the substations. We can in fact cut back and take
away from one particular area and have those people run the
substations. What we are trying to do is to give you first
what we need to maintain the level of service we're getting
now compared to what we would be like if we had to use only
the people that we have on board at this time. As Chief
Anderson gets up to give you the deployment of the
substations and talk about manpower, he'll show you in what
areas these people are needed, what sectors they are needed
in; and which substations they are needed in. If you will
let him do that. He might be able to clarify some of that
for you.
Asst. Chief Anderson: Hopefully, I'll be able to clarify
some of the points for you, but the uniform services, I
won't talk about patrol, marked cars, marked units, etc. and
duplicate some of the information. Also for the sake of
time, I'll just tell you that on all three of the charts
that we're going to talk about, you will see manpower
reflected not as individual units for patrol units, walking
Beats, Mounted units specialized police units, etc., but
we'll be talking about a quantitative amount of manpower,
existing manpower, budgeted manpower, and at the same time,
sl 63 February 14, 1985
I will reflect the additional manpower that is required to
operate those facilities. Joe, the north district currently
we are going to use what we have in existence, 101 budgeted
people. We have calculated to operate the north facility,
we're going to need an additional 46 people for a full
service facility, Joe. In the central district, we're
talking about from the existing budgeted personnel 173
people. Since central is already established, already well
operational, we're only talking about an additional ten
individuals, increasing to a total of 183 individuals.
Mr. Dawkins: May I ask you a question, sir? If these
stations were operating now and that's the only police
station we got, why is it necessary, and it's functional,
why is it necessary to add 10 new people to the existing
station.
Mr. Anderson: If you look at it from a mathematical point
of view, and Chief has....
Mr. Carollo: Commissioners, maybe for the sake of time,
since we have so much on the agenda, can we let the Chief
and his staff go through their whole presentation, then save
our questions for the end?
Mr. Dawkins: O.K., Mr. Vice Mayor.
Mr. Dickson: That would help, then we would sum it up.
Mr. Carollo: Thank you.
Mr. Anderson: The south district, which is a much larger
area, we're talking about the existing budget personnel of
161 people and we're requesting 47 additional positions
totaling 208 people. Some of the services that we are
currently offering such as accident investigations, general
detective service facility, motor squad who normally deals
with the City at large, will not be duplicated in any way.
In closing, what we have taken into consideration in putting
together these figures has been for service population,
calls for service, officer safety, and the geographic
boundaries. We're also talking about the addition of task
force crime analysis and also the Chief already talked about
the front desk.
Mr. Dickson: Chief Bared will talk about the budget now.
If you'll keep in mind that this is only a working paper.
Anything that you feel is not necessary, you know, can be
considered for reconsideration. There is nothing in here
that's ... this is only a working paper and a discussion
paper. It's not a final product, and that's why we are
giving it to you now instead of a later date.
Major Bared: For the sake of time, I have four
transparencies, however, I'm only going to be addressing
just the overall physical impact over the two and a half
years dealing with the full service substations. One of the
things that I'd like to clarify before I begin my
presentation is the fact that all the research done
throughout the United States have shown that when you
decentralized, it is not cost effective. So, your concerns
now...it's the same as any Police Chief has had in the
United States. If you're duplicating services that means it
will cost you more. That's exactly what we're doing. We're
duplicating a lot of the services that we are currently
providing to the citizens of Miami from the central station.
However, what we're doing now in the future would be
decentralizing to a north station and a south station,
duplicating some of those services and on a seven day week,
twenty-four hours a day, it means more manpower. What
sl 64 February 14, 1985
you're viewing is a physical impact over a two and a half
year period for two full service substations. I should
preface my presentation with the following comment. It
should be emphasized that all physical calculations are
based on the February dollars and pay scales. No
adjustments have been made for growth, population changes,
or labor contracts. Using the current adopted budget of
$65.1 million as a base, the substations costs are
calculated to be $6.2 million for an operating budget of
$71.3 million. This does not include a one time equipment
cost of five five one point eight thousand for equipment for
80 new police officers. I can go on with my presentation
and give you the details for the next FY years going through
87 and 88, if you like me to and give you the breakdown.
Mr. Carollo: What's the bottom line?
Mr. Bared: The bottom line....
Mr. Carollo: For the next five year, let's say, until 1990.
Mr. Bared: Well, sir, without the normal growth of the City
of Miami for the substation would be 80 sworn new police
officers and approximately 24 civilians at the time the
substations are open to a cost of $6.2 million. If you have
any questions regarding the budget of manpower, I'll attempt
to respond to it.
Mr. Carollo: Is there any additional presentations that
need to be made?
Mr. Bared: I don't believe so, I'm the last person.
Mr. Carollo: I'll open it for questions now from the
members of the Commission.
Mr. Plummer: Do I understand what you are saying ecrrectly
that additional dollars for manpower per year in the first
projected year of operation is $4.7 million?
Mr. Bared: No, sir.
Mr. Plummer: Tell me what the change difference means.
Mr. Bared: The difference for the two and a half years
would be $6.3.
Mr. Plummer: No, Al, go back to the top line, personnel
services. It states there.
Mr. Bared: That's next year. That is fiscal budget 85-86.
The first year what we're recommending is the hiring of 40
police officers in July, because it takes approximately 12
months to 18 months to have a full service police officer.
We know that.
Mr. Plummer: Go back to the other chart: top line,
personnel services, change, $4,731,701.
Mr. Bared: That's over two and a half years, sir.
Mr. Plummer: That's two and a half years.
Mr. Bared: That's the projection from the time we begin
ground breaking.
Mr. Plummer: The top line says "annual physical impact"
annual means one.
sl 65 February 14, 1985
Mr. Bared: Yes, that's throughout the two and a half years,
though. The whole projection beginning ground breaking....
Mr. Plummer: What are you projecting because I'm showing
116 additional personnel. Is that correct?
Mr. Bared: No, sir, we are looking at 80 police officers
and 24 civilians; a total of 104.'
Mr. Plummer: That doesn't jive with your charts. The
charts that you show...I ran the calculator as it was being
brought out, I show 116 additional men.
Mr. Bared: The ones that we have is 46 in the north end; 47
south.
Mr. Plummer: Ten in the regular station. And there was
16....
Mr. Bared: No, sir.
Mr. Plummer: So what you're showing is 47 and 47 and 10?
Mr. Bared: 46, 47, I believe, and 10.
Mr. Plummer: That's 103.
Mr. Bared: And one.
Mr. Plummer: That's 104, that represents under today's
salaries of base starting men....
UNIDENTIFIED SPEAKER: $3 million.
Mr. Plummer: A little over three because they are talking
about some high priced help there on the top. Are you aware
that there's been a lot of stuff in the newspaper recently
that revenues are going down next year?
Mr. Bared: Yes, sir.
Mr. Plummer: Are you aware that you are possibly going to
lose policemen and firemen?
Mr. Bared: We might be losing the substations too.
Mr. Plummer: No, if we do it your way, we're going to lose
them. Excuse me, not you personally, the Police Department
would.
Mr. Bared: To respond to that is that we're doing exactly
what we've been mandated to do. That's to follow the bond
approved by the City of Miami citizens. The mandate has
— been to construct two substations, one in the north end and
one in the south end. We provided you our recommendations,
full service substations, we provided you with the figures
of what we think will be an efficient, cost effective
— services.
Mr. Plummer: Just let me make one statement. You are aware
that the final decisions will be made by this Commission.
Mr. Bared: Yes, sir.
Mr. Plummer: O.K.
Mr. Rosencrantz: Commissioner Carollo, let me stress one
thing that I think is very important that the City
Commissioners understand. In getting together this
presentation, the mandate to the Police Department was to
sl 66 February 14, 1985
t
develop the staffing and the cost that would be associated
with the full service substation. They have included, and
the reason that the presentation began was a stress of what
services would be provided. If you choose to provide less
services in each of these stations, the cost will be less,
but if you choose to have fully staffed, fully equipped,
full service stations, the numbers you are looking at, now
are well within the ball park as to what it would cost you.
Mr. Carollo: I think the bottom line of what I've heard
said here today is the following: one, that the
decentralizing is not cost effective; and two, the
duplication of a lot of services. I think that if we did a
study, not only of other departments, including Metropolitan
Police down here in south Florida and other departments
throughout the country, you would find that the area of the
whole City of Miami, not only in size of area, but size of
populations it's right for only one central station and in
fact, most other major cities, the substations that they
have, those that have them, include areas that are much
greater in size and much greater in population. Yes, we
would have liked to have given more luxury service to the
public, but I think we have to be realistic about this. $10
million, which is what's approved, is not going to take us
too far at all. It's not even going to take us two years;
and then where is the rest of the money coming from? The
bottom line is, as I see it, there's no way we can afford
this, and particularly in today's time that most police
officers aren't even in the station. They're out in the
field and when they receive a call, they're already out in
the field. So it doesn't matter if you really have three
substations in the City of Miami or one main station. When
there is a call, the station or the substation is going to
send it out to that police officer that is out in the field
already. The way we have the City divided up, it's not
going to make a difference because you're going to have X
amount of officers out in the area already. Whether that
call is coming from the central station or the substation,
the amount of time of response and the service that we're
going to provide is going to be the same.
Mayor Ferre: Joe, about ten, fifteen years ago in the
company that I was running at that time, there was a big,
big fight going on as to whether to centralize or
decentralize the concrete operation. Half of the people
were for centralization. Half of the people were for
decentralization. Look at what happened, and Cesar, you
remember that, in Palm Beach Nick Pilar was up there and he
wanted, he was for centralization. You know exactly what
happened. He centralized; he made it work and it worked.
In Ft. Lauderdale, the guy that was in charge of the Ft.
Lauderdale operation► was against it. You know what
happened? They were both right, because it all depends what
you want to do. Here is the way, Chief, this City
Commission can deal with it. I would like -this is one
man's opinion- for you to redo this study in the following
way. I want to know what the figures are if you do not add
any additional people, but rather take people from within
the police department. I want to know what it would cost to
operate this on an effective but minimal basis so that there
is a presence in the Liberty City area and in Little Havana
of the Police Department. The intent of this is not to
solve all of the problems of the Police Department. It is
not to take a radical new approach. We are not going to re-
invent the wheel. We don't want an additional 100-staff
people. We don't want $5 million a year expense. All we
want is a redeployment of personnel so as to add an issue.
The issue is you shall be present in Liberty City and in
Little Havana in a substation without...and your
instructions are to do this with the idea of bringing this
sl 67 February 14, 1985
in at a minimum cost, not as a challenge; but politically,
this Commission wishes to challenge you as the new Chief.
I'm not holding you responsible for this. This thing has
been going on, I'm sure, for six months or more, this study.
What I am saying to you is, and I'll put it to a vote, if
you want, is that it is the policy of this Commission, we
want the substations, we don't want to spend additional
money for them.
Mr. Plummer: I second the motion.
Mr. Carollo: To the seconder of the motion, I'm chairing
the meeting, so I'm opening up for discussion. Mr. Mayor
and colleagues, as I understand it, what the Mayor has
instructed the chief to do is to forget about the 104
additional personnel they stated they needed ... is to find a
way to have somewhat of a skeleton crew to man these
substations and take those people from within the present
force right now. I think if you're asking the Chief of the
Police administration to do that, it is only fair to also
ask of them. to show us the impact of how much of a burden
it's going to be by their doing that on additional patrol
services and other police services because if you're taking
people from one area to put them inside a substation to man
it, you're going to weaken 'some other areas of the
department.
Mayor Ferre: I'm not saying....
Mr. Carollo: I think you need to see both and balance it.
Mayor Ferre: I accept that point, but I want to reiterate
so you understand clearly. I'm not saying do or don't add
104 more policemen. What I'm saying is that if you add 104
more policemen, don't put them blame on this. In other
words, those policemen are coming from within the department
one way or the other. I'm saying we're not going to add 104
policemen for this. If we have 104 policemen, that's fine.
But all I'm saying is study this as if we're taking the
police officers from 1000 officers we presently have. Then
let's look at it.
Mr. Dawkins: Chief, may I ask you to put the diagram up
there that has the zones that we were discussing? Would you
put that back on there please?
Chief Dickson: Sure, one second.
Mr. Dawkins: Would you, sir, pinpoint for me the location
of the present police station? What's the response time...
Before you do that, Chief, how many kinds of response time
is there?
Chief Dickson: Four.
Mr. Dawkins: Four, what are they sir?
Chief Dickson: There are four response times. One is
priority one, priority two, priority three, priority four.
They fall in the line of importance according to the type of
crime it is. Some crimes require a top priority response,
which means that if there is no car in service in that zone,
a car from another zone will be sent to that call,
basically.
Mr. Dawkins: From where the police station is, what's the
response time to the northern end of the green up there?
Yes, there, on priority one?
sl
68 February 14, 1985
Chief Dickson: Wel.l, Commissioner, in all honesty, I can't
say that, I must that we have really never had to send a car
from the central part of the City.
Mr. Dawkins: No, we are on two different wave lengths.
Chief Dickson: But it would be about 15 minutes.
Mr. Dawkins: All right.
Mr. Plummer: Chief, did I understand you to say that on a
three signal, from the station to the north end of 20 sector
is 15 minutes?
Chief Dickson: A three signal.
Mr. Plummer: It's priority one.
Chief Dickson: If he is responding from the station, the
Commissioner said responding, he said, "Where is the police
station?" The police station....
Mr. Plummer: I think the question is what is the quickest
time that you can get from the station to the north end. Is
that what you're asking?
Chief Dickson: To the extreme north end? Fifteen minutes.
Mr. Dawkins: How many cars are in zone sector 20 and sector
10 on any working day? How many cars are dispatched there?
Chief Dickson: Approximately four, ten, approximately ten
cars.
Mr. Dawkins: Ten autos in that zone, is that right?
Chief Dickson: Wait, give me a moment, please. O.K., in
the ten sector there would be four police cars, five police
cars, six police cars in twenty sector. Let me state this
also, it's according to whether it's in the morning,
afternoon or night. But if you're asking if we have more
than one car....
Mr. Dawkins: No, I need exact numbers. Let's do this.
Let's take the twenty-four hour day, add the first, second
and third shifts number of cars, divide that by three and
get an average.
Chief Dickson: Five and ten.
Mr. Dawkins: Five and ten, so fifteen cars, and in each car
we have one man. Is that right?
Chief Dickson: Sometimes, Commissioner.
Mr. Dawkins: O.K., so if we had a substation in that area
with fifteen cars at that station, we already have 15 men,
is that right?
Chief Dickson: Seven days a week, 24 hours a day and
counting days off, Commissioner, vacation, sick -time, court
time and things like that, no, sir, we don't have those
kinds of cars on the street.
Mr. Dawkins: No problem, with the fifteen cars in that
zone, what's the response time with a call going into the
police station and from the police station to a car in that
zone?
sl 69 February 14, 1985
Chief Dickson: What is the response time for a car that's
leaving the police station....
Mr. Dawkins: No, sir, a car that's cruising in the zone.
Chief Dickson: To come to that zone?
Mr. Dawkins: No, Chief, the fifteen cars are assigned to
patrol that zone. Is that right or wrong?
Chief Dickson: Yes, we'll use that as a base.
Mr. Dawkins: But they are supposed to be circulating in
that zone or are they parked?
Chief Dickson: They circulate the zone normally. We have
parking and walking beats also, but normally they would
circle the area, yes, in the zone.
Mr. Dawkins: But if you have 15 cars....
Chief Dickson: Commissioner, the 15 cars are not there all
of the time. We're talking about a 24 hour a day span of
time. That's what we're talking.about.
Mr. Dawkins: That adds to my problem of why the substation
is needed in that area. You are telling me now that you're
not servicing the area as it should be serviced because the
cars are not in that area all that time. Please, I don't
want anybody here to think this is personal. It's just that
the Chief has a job to do. I've got some constituents who
are going to vote for me or against me, and I have to say
what they think I should say, and they are going to be
contended.
Mayor Ferre: It's really very simple, Commissioner. It's
really very simple. I wasn't being facetious about that
story about whether you centralize a concrete operation or
you decentralize it. It doesn't matter whether it's
centralized or decentralized. It all depends as to whether
or not the people working in there believe in that system.
If they do, they'll make it work.
Mr. Carollo: You're right in that, Maurice. Either system
can be correct, and either system can work. The difference
and the bottom line is can we afford here today the luxury
of decentralizing? That's the bottom line. It's going to
cost more to go one way than to go the other way. it
doesn't mean that either system is wrong or necessarily more
correct than the other. I think what we're looking at here
is the bottom line of additional millions of dollars. My
concern is that whatever decision we make here in the next
few months in this is going to have a very long lasting
effect on the City of Miami taxpayers. It's going to bean
additional burden and particularly at a time when we least
can afford it.
Mayor Ferre: I can just tell you point blank if this is
where we're headed, you don't have me. That doesn't mean
that we shouldn't have substations. I do think that we get
approach this in a very different kind of a way. We can't
afford this, even if I wanted to do this, the taxpayers of
this City cannot afford this. I do think that we need to
rethink the substation. Besides the police consideration,
there is a community relations consideration, which affects
police work. That is that if we have a physical police
substation, and Mr. Manager, we may not be able to work at
sl
70 February 14, 1985
this. Maybe we have to work up to this ten years from now.
I don't think we can start running. I think we have to
start crawling and then walking a little bit. I think what
we ought to look at is, is there a way where we can secure a
major piece of property, build a station on a minimum basis
with room for expansion in the future and without creating
new positions, shift responsibilities with people from the
central station to the new substation to create presence
there and to start building up in that community a direction
towards a full fledged substation, so that if we do make a
mistake, it's not a major catastrophe to the taxpayers of
the City. We can reel back and use it for other community
type...as a matter of fact, in the design of the building, I
would make darn sure that it's a multiple use kind of a
structure, so that if it doesn't make it as a substation,
we're not stuck with a white elephant that we have a
building that is usable for other community type functions,
but which can be expanded, if necessary, to be a full
fledged major five million dollar substation structure.
That's just one man's opinion.
Mr. Carollo: Mr. Mayor, I just feel that we've asked the
Police Chief, the police administration to come to us with
their best estimates, the best perception as they have
studied it, and they've done that. We are either going to
listen to them or we're not. We've asked them to come back
to us with some additional changes that I'm sure they'll do
their best and then the Chief will make sure of that to give
us the best estimates, but now, if after the professionals
give us, the lay -people, the best estimate of the situation
and the cost factors and the efficiency factor and we still
don't want to listen to them, then I think what you have is
a case that police professionals are no longer running the
Police Department. And you have non-professionals trying to
run the Police Department. So we have to make up our minds
r. when they come back to us with the final, professional
opinion of whether we're going to listen to them or not. Or
if what we want is just to tell them, look, do this, we
don't want to hear the ifs or how's or anything else, just
do it; we want it, then tell them. Or at least go out and
find some kind of consulting firm, maybe the Police Chief's
International Association to come back and maybe give us an
opinion that's different from the ones they've given us.
But I think these people have done their best in trying to
appease the wishes of the Commission and at the same time
given us a realistic legit figures.
Mr. Dawkins: Mr. Mayor, I like what Commissioner Carollo
said. The only problem I have with it is that we do not
apply it to everything that comes before this Commission.
If this Commission were to take the professional advice of
every department we have here, we wouldn't have half the
problems that we have.
Mr. Carollo: We might have more in some cases.
Mr. Dawkins: You may be right. But here up here on this
Commission, we take the Charter and the rules and the
regulations just like some of us take the bible. See, we
pick out the parts that apply to us, and we discard the
rest. So now, if we're going to say, that by God! this is
the law that was brought back to us by these professionals
and if you don't live by this and go along with them, you're
not practicing good government; that's fine. If you're
going to do this with every zoning requisition that comes up
here, every Planning recommendation that comes up here,
every Public Works that comes up here, that's fine. But
let's just not use it for pet projects and the police
substations is not a pet project of his, so don't think that
I'm saying that to you. But let's not use it all of us for
sl 71 February 14, 1985
r"'`
20
pet projects and then leave the
to go along with your motion
Commissioner Carollo said, let
study and if that study shows us
we're going to tell the voters
can decide what they want to do.
rest out. Mr. Mayor, I want
and I would say that as
them come back with another
that it can't be done, then
it cannot be done, and they
Mr. Carollo: Mr. Mayor, before we rule on the motion, if I
may ask the maker and Commissioner Plummer as the seconder
of the motion, we could also include in that that they will
present to us a study of other police departments in Florida
and other parts of the country....
Mayor Ferre: Similar cities.
Mr. Carollo: Similar cities, I agree, it has to be similar
cities, that might have substations, if they would include
the size, area size, and the population size of those
substations, and how effectively they have worked. Include
all areas of effectiveness, including the possibility if it
had or had nothing to do with additional increase in service
to the community.
Mr. Dawkins: Add to that please, for me, if you could add
to that, the population and the area serviced by each of
thee substations in Dade County, the area, give me the
square area and the amount of people in that area that that
substation services and what have you.
Mr. Carollo: Any further discussion?
Mr. Perez: Yes, Chief, I would like for that study to have
better ideas and some options about the site for the Little
Havana substation. I think that the only site that you
recommended was S.W. 8th Street and 29 Court. That's former
Tamiami Gun Shop, I think this supposed Little Havana
Substation, I think it deserves the opportunity to be placed
in the Little Havana limits. That's placed completely out
of...and the other one that you have on Coral Way, I think
we have to try to find some place in the heart of Little
Havana. I think we have to promote a better participation
of the community on this recommendation. I think it is
important to have the input and the involvement of some
community groups. In this report that you have here at the
end at the Little Havana substation, the attendance log, we
only have ten or fifteen persons that the majority asked the
community are members of the department. I think it is
important to have the Chamber of Commerce, the community
organizations. I have received several complaints about the
location. I think these people deserve the opportunity to
participate in some kind of hearing in order that they
express their own point of view, and especially people as
Alfonso Alberi, who has organized a strong citizen group in
the area. I think he deserves the opportunity to take
strong participation. I would like that you include this
item in your next study.
Chief Dickson: Yes, we will try to pick up more people than
we did before. Mr. Alberti was a part of the original
committee. I believe that most of the people who are in the
committee, some were appointed by members of the Commission.
Well, that's what I meant by trying to justify spending
$6,000,000 in ten minutes. As you can see, it just can't
work. But we can include more people in site location, site
searching. I'm sure we can go back and shave off all the
people we said we needed, but you will not have a full
service substation as we were mandated to do and we
sl
72 February 14, 1985
/ 14N
originally set out to accomplish this. But we can go back
and we will do the study and come back and make another
recommendation that may be more palatable.
Mayor Ferre: Thank you, Chief. Mr. Chairman, can you call
the roll?
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 85-99
A MOTION DIRECTING THE CITY MANAGER TO
INSTRUCT THE CHIEF OF POLICE TO COME
BACK BEFORE THE CITY COMMISSION WITH
ANOTHER STUDY IN CONNECTION WITH MANNING
OF THE PROPOSED SUB -STATIONS BY
UTILIZING NO EXTRA FUNDS; ;FURTHER
STIPULATING THAT IF SUCH REPORT STATES
THAT IT CANNOT BE DONE, THEN THE CITY
COMMISSION WILL GET BACK TO THE VOTERS
AND INFORM THEM OF SUCH; FURTHER
DIRECTING THE CHIEF OF POLICE TO DRAFT
AND PRESENT TO THE COMMISSION ANOTHER
STUDY REGARDING OTHER POLICE SUB-
STATIONS IN CITIES OF SIMILAR SIZE,
SPECIFICALLY OUTLINING SIZE OF THE SUB-
STATION, CITY POPULATION, HOW EFFECTIVE
THE SUB -STATIONS HAVE BEEN IN ALL
DIFFERENT AREAS OF SERVICE; AND FURTHER
INSTRUCTING THE CHIEF OF POLICE TO
INSERT IN SAID REPORT THE POPULATION AND
AREA SIZE OF SERVICE PER EACH SUB-
STATION IN DADE COUNTY AND LASTLY,
DIRECTING THAT PLANNIFICATION AND
DRAFTING OF SAID REPORT SHOULD INVOLVE
INTERESTED AND ACTIVE MEMBERS OF THE
COMMUNITY AS WELL AS THE CHAMBER OF
COMMERCE, ETC., IN ALL OF THE
PRELIMINARY PLANNING.
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.
DURING ROLL CALL:
Mr. Carollo: While voting yes with the motion, I'd just
like to say that even though some of us might have disagreed
here today in the concept of going to buy this, that doesn't
mean that we're not together in wanting better police
service for this community. I think that Commissioner
Dawkins is expressing his best interest of the community
that he represents of the entire City of Miami. He's trying
to provide better service for different areas of the City of
Miami and that's very positive, I think. That doesn't mean
that he's necessarily wrong or I am or any members of the
Commission; we're just going about it maybe in different
ways. I guess the main factor is what dollars the City has
to dispose and how we can dispose them best.
sl 73 February 14, 1985
Mr. Plummer: In voting let me state that I am all in favor
of the substations. I think they're good. I think they
serve a purpose, but I think we have to come in with a
budget of what we can afford. We have to be realistic in
what we can afford. I vote yes for the study to be done.
Mr. Perez: I want to reaffirm my position completely in j
favor of the substations, but I think we deserve the
opportunity to have new study on this issue, and I vote yes.
X
Mr. Dawkins: In knowing that we've lost $9,0000000 in CD =_
funds, you are seeing your Commissioners attempt to meet the
needs of the community and still keep the budget down and
provide the services. That's why we are recommending a
further study and I vote yes.
------------------------------------------------------------
30 GRANT REQUEST MADE BY DR. EDUARDO PADRON: "FUTURE OF
URBAN AMERICAN CONFERENCE: ALLOCATE $129500 WITH
CONDITIONS _
------------------------------------------------------------
Mayor Ferre: We have Dr. Eduardo Padron, who is here this
morning. Dr. Padron, I asked you to come by because I got
word and we had to make a decision yes or no on this matter
today because you intend to have Mayor Bradley here. He's
coming anyway for some ... he's making a major speech in Miami
Beach someplace.
Mr. Eduardo Padron: That's correct.
Mayor Ferre: As I understand, you need to know whether we
can proceed in inviting these other mayors and Senator
Monyham and others. Time is running very preciously short,
so we need to get him an answer, Mr. Manager, one way or the
other. That's why I asked you at noon, when I heard from
Dr. Padron, for you to have staff conclude this by the
afternoon.
Mr. Rosencrantz: We've had staff take a look at this. If I
could suggest that it may be very, very helpful if the
doctor maybe take two minutes in explaining consicely to the
Commission the thrust of his program and how it would
— operate.
Mr. Padron: This conference aims at bringing together the
mayors from six of the largest American cities, along with
some nationally recognized urban sociologists to discuss the
problems of major urban areas today, such as the City of
Miami. The motivation that led to promoting this conference
was the belief among my colleagues in academia that t-he
problems that are facing the City of Miami today are very
common to the ones that other major cities are facing.
Because of the rapid growth and changes that have taken
place in the city, the citizens as well as the leadership of
this area sometimes seem to look at things with tunnel
vision and in fact, many quick -fix solutions are provided to
major, serious problems that other areas are also
confronting. We feel that we have the opportunity to
highlight the fact that most urban cities in the country
today are facing the same situation and that by having this
kind of opportunity, we could look at communalities as well
as differences.
Mayor Ferre: Dr. Padron, I don't mean to interrupt you, but
we really are running very short on time. There was a
memorandum that was passed out. Was there, on this issue?
Does everybody have a copy of that memorandum?
sl 74 February 14, 1985
Mr. Plummer: I don't think so, Mr. Mayor, your staff gave
me....
Mr. Carollo: I don't have it either, Mr. Mayor.
Mayor Ferre: The Commission hasn't seen this, making it
difficult.... As I understand it, you. need $30,000 to bring
this about. Basically, you're asking for a third, a third,
a third. Is that it? Metro is putting up a third. The
City is putting up a third, and you're putting up a third
somehow.
Mr. Rosencrantz: Mr. Mayor, on the third page of the data
you have in front of you, they identified their funding
sources. They are asking the City of Miami for $12,500;
Metro -Dade County for $12,500; and Miami -Dade Community
College for approximately $5,000. That would be the way the
funding would be divided .between these two entities.
Mayor Ferre:. Have you gotten a yes from Metro on this?
Mr. Padron: We are scheduled for very soon to present the
proposal to the Council of Arts and Sciences,' which is the
agency at Metro that considers this.
Mayor Ferre: What's the recommendation of staff?
Mr. Rosencrantz: I would recommend, I think it would be a
good use of City money. I've looked at the program. I've
looked at it very quickly, but I think what is the intent
here could be very, very beneficial for the City. I'd
recommend the City Commission consider appropriating $12,500
contingent upon D.ade-County making a like appropriation.
Mayor Ferre: Dr. Padron, so we understand each other on
this, I think that's fine, provided that we really have a
showing. I would personally be upset if we spent $12,500
and we have Mayor Bradley show up and that's it.
Mr. Padron: No, in that case, we would not hold a
conference. Our commitment is to....
Mayor Ferre: In other words, if you can get Mayor Feinstein
and you can get the Mayor of Chicago or New York or any of
these big cities here for this thing, then I think there
ought to be a minimum that we have. In other words, I think
you ought to have at least three of them here, Henry
Cisnero, or whatever. But if you have less than that, I
really don't think it's worth spending that kind of money.
Mr. Padron: That is the idea.
Mayor Ferre: Can we put that as a condition, assuming that
we move....
Mr. Padron: Please do because we would not hold a
conference, unless we're able to get that kind of showing.
Mayor Ferre: A minimum of three major mayors.
Mr. Carollo: Excuse me, Mr. Mayor, can I ask a question? I
see you have some outstanding names over here, but how many
of these gentlemen are republican?
Mayor Ferre:
the question.
Mr. Carollo:
sl
How many big city mayors are republican, is
You might be surprised.
75 February 14, 1985
Mr. Padron: Mr. Carollo, the decision was not based on party
affiliation; it was based on cities that qualified as being
major cities with population that have ethnic representation
and more or less commonalities.
Mr. Carollo: You are telling me that you don't have a
single city in the country that is a major city that have
all the requirements that you are telling me, don't have a
republican mayor?
Mr. Padron: Well, the school of academicians that device
this program, those were the suggestions they provided. We
will be glad to entertain any suggestions you may have.
Mr. Carollo: I'm not going to prejudice myself and say to
good to this city or that city, but I think that you could
certainly go to a variety of different cities throughout the
country and bring some, republicans and maybe even
independents, if you have any, and at the same time provide
some additional names of democratic mayors of major cities
in case some of these can't attend, you would still have
some good quality people that you could invite and hopefully
make this a reality and a success.
Mr. Padron: Sure, that's a good suggestion. Those were put
in there as a suggestion of the kind of people that we're
trying to bring down here. It doesn't mean that we have to
limit it to those.
Mr. Carollo: Even in Florida right here, if Maurice can
attend, you have a good republican mayor in Tampa that will
come.
Mr. Plummer: That's a convert.
Mayor Ferre: That's not a bad idea of bringing in Martinez
in from Tampa, because I'm sure you could get him. You also
should try to get the mayor of San Diego, California,
because there you have a very large Hispanic Mexican
community present and he's a republican. The only other
republican mayor that I know of of a major city is up in
Indianapolis, he's republican, and there they have a Black
population.
Mr. Padron: We'll certainly try to work on those two.
We'll certainly try to achieve that end.
Mayor Ferre: We need to move along, so what's the will of
this Commission one way or the other?
Mr. Carollo: Mr. Mayor, I'd be willing to endorse this, as
long as we have equal and minority representation.
Mayor Ferre: I think you have to do it in a way,
Commissioner, that there is some kind of a balance. But I
don't think you can say on a 50/50 basis republicans and
democrats, because that you'll never get.
Mr. Carollo: No, no, of course not.
Mayor Ferre: I think you ought to have without any question
a minimum of three; there ought to be at least one
republican; I think you need to have some geographic and
ethnic balance; and I think with conditions like that, if
you could....
Mr. Carollo: Maurice, I disagree in one point. I think you
need more than three. I think you need at least six or
seven. You have enough quality leadership in this country
that you should be able to find six or seven mayors of large
cities that can come to Miami during that time.
sl 76 February 14, 1985
Mr. Padron: That is certainly the goal and that's really
would like to do.
Mayor Ferre: The Commissioner is saying that we ought to
have a minimum of five or six. I think five is better than
six, because I don't frankly think that....
Mr. Padron: That sounds like a very reasonable number to
me.
Mr. Carollo: At the same time I see that the opening
address is being given to a very prestigious and popular
senator, Donny Monyham. I think we should consider inviting
an equally prestigious senator from the republican party.
Mayor Ferre: Paula Hawkins.
Mr. Carollo: I was just going to say that. I think Paula
Hawkins should be invited.
Mayor Ferre: With those amendments, are you moving?
Mr. Carollo: Certainly, I think it would be fine.
Mayor Ferre: Further discussion?
Mr. Perez: Move, second.
Mayor Ferre: As amended, and also the final approval of the
Manager in whatever details need to be....
Mr. Perez: When do you plan to have this event?
Mr. Padron: March 16th.
Mayor Ferre: Call the roll.
The following motion was introduced by Comc
Carollo, who moved its adoption:
MOTION NO. 85-100
A MOTION GRANTING A REQUEST MADE BY DR.
EDUARDO PADRON IN CONNECTION WITH THE
FORTHCOMING "THE FUTURE OF URBAN
AMERICA" CONFERENCE, FURTHER DIRECTING
THE CITY MANAGER TO MATCH THE $129500
PROMISED BY DADE COUNTY AS CONTRIBUTION
AND TO MAKE THE CITY'S CONTRIBUTION
CONTINGENT UPON METROPOLITAN DADE COUNTY
MEETING ITS COMMITMENT; FURTHER
EXPRESSING THE BELIEF OF THE COMMISSION
THAT A MINIMUM OF 5 MAYORS FROM
IMPORTANT CITIES SHOULD BE INVITED AND
ACTUALLY ATTEND THE CONFERENCE; AND
FURTHER EXPRESSING THE DESIRE OF THE
CITY COMMISSION THAT A PRESTIGIOUS
REPUBLICAN SENATOR SHOULD BE INVITED,
SUCH AS PAULA HAWKINS; AND, LASTLY,
RECOMMENDING THAT THERE SHOULD BE
GEOGRAPHICAL AND ETHNIC BALANCE IN
CONNECTION WITH PERSONS INVITED TO
ATTEND SAID CONFERENCE.
Upon being seconded by Commissioner Perez, t
sl 77 February
41
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.
DURING ROLL CALL:
_ Mr. Carollo: Yes, and if you have any problems finding some -
republicans in Florida that are mayors, I know some Vice
Mayors that are great and are republican.
31 FESTIVAL. FUNDING POLICY: (A) ALLOCATE $2429272 TO —
VARIOUS FESTIVAL PARADES, CULTURAL EVENTS ETC.; (B)
ACCEPT ADMINISTRATION POLICY FOR FESTIVAL FUNDING
REMAINDER OF 1985
Mayor Ferre: We're getting behind schedule and we've had
these people waiting here all morning on item "H". I really
do think that out of courtesy to them, we need to conclude
this one way or the other and let them know where they
stand. Mr. Manager, let's take up "H" so that these people
from the Catholic Bureau can move along.
Mr. Rosencrantz: Mr. Mayor, some time ago, the City _
Commission directed the administration to develop a funding —
policy. In the course of that discussion, you identified
several items that you thought were important that should
be part of that funding policy. At the last meeting of the
City Commission, we had a draft of the funding policy on the
agenda. Unfortunately, there was not sufficient time for
the City Commission to review that policy. In making the
recommendations to you today reference to funding and —
special funding requests, we assumed that you would approve
that policy and we have provided funding to the various
organizations based upon the application of that particular
policy. The other part of this, I feel, that I should tell
you in terms of the money that will be needed to fund these
particular things. In the past, generally, we have referred
these matters to the Special Programs and Accounts for
funding. This time, we are recommending to the City
Commission that you not do that, that we find funding for
these special projects by cutting down expenses to offset
that amount of funding that's needed. The effect of this
will be to reduce the efforts that would intend to reduce
our surplus at the end of the year. So the administration
is recommending that for the dollars we are recommending you
appropriate here, we are also recommending that we be
permitted to cut back on some of our expenditures in order
to have those funds available. I'd like at this point if I
may to go through the funding specific funding request and
tell you the reasons that we made certain fundings and the
reasons that in some cases we did not fund these items. In
front of you you have a memorandum from Frank Castaneda
which explains these social service type programs that we
were asked to fund. Basically, we had funding requests
totaling almost $9009000. We are only recommending funding
in the amount of $92,500 for social service kinds of
programs. In terms of festivals, parades, and cultural
events, the request that was before us amounted to
sl 78 February 14, 1985 t
f
$102009'000. We are recommending for funding approximately
$1059000. I'd like at this time to ask Mr. Castaneda to go
down through his memorandum, identify the particular
agencies and the amount of money that we recommended for
funding.
Mr. Frank Castaneda: Basi
three programs. One was C
this morning, you expresse
funding by $359000. We ha
allocate $52,500. We a
Community Services, the Ove.
of $30,000. This is about I
request. We are also rec
This is a new program; this
and this is the only new p
for funding. We feel tha
volunteers is very cost eff
their money for their invest
American Red Cross, we are
City support; it is a new
program that really should
source like that. In the <
Sports Development, that wa
not recommending funding of
met their objectives. W
Community Development Bloc]
amount of $91,000, any probl
would cost could be absorbed
A & C is a new Droaram. a wai
tally, what we recommended was
irrey Technical, that by motion
i your desire to increase the
i originally had recommended to
,e also recommending Catholic
town Day Care Center at a level
109000 below what their original
)mmending Professio at $10,000.
is a program run by volunteers
rogram that we are recommending
this type of program run by
ective and the City really gets
ment. As to the other programs,
iot recommending. That has wide
program and it's the type of
De funded by United Way or some
ase of Belafonte Tacolcy Center
s an existing program. We are
this program because it had not
feel that with tenth year
Grant Funds from CD to the
ams that this lack of allocation
. Christian Community Services,
i no reeommendntinn. nnrnPn_ nn
recommendation. Interamerican Chamber of Commerce, this
program was funded under the jobs bill. They were well
aware that it was a one-shot deal. We are therefore not
recommending any new funding. Lighthouse for the Blind,
again is a program that has City-wide support and it is a
new program; we already fund Industrial Home for the Blind
in Little Havana. Miami Microcomputer Technological
Education Foundations, this is again a new program. We just
don't have the money to fund new programs. Small Business
Opportunity Center, this was also funded with the jobs bill.
They were aware that it was a one-shot deal. We just cannot
absorb every program.
Mr. Rosencrantz: In terms of the festivals, I'd like Carl
Kern to go through the list of festivals and a
recommendation reference to those.
Mr. Carl Kern: Gentlemen, Carl Kern, Parks and Recreation,
to date, the City Commission had set aside $250,000 for the
festivals that were in this year's annual budget. To date
approximately $230,000 has already been allocated by this
City Commission. I believe you have a list of those
allocations. The major ones include the Miami Film
Festival, Sunstreet, Fiesta by the Bay, Cuban Municipalities
Fair, Two Painters/One Island, Coconut Grove Arts Festival,
and Calle Ocho Carnaval. That brings us up to about
$2309000 of allocations so far this year. There is
approximately $20p000 remaining to be allocated from the
monies that were budgeted. In addition, the Commission has
already approved $82,500 for the International Festival
produced by Morty Freedman. As you know, there are numerous
other organizations that have been waiting to find out what
the funding policy will be. We have reviewed all of these
and recommended approximately another $105,000 worth of
funding. That is also in your package there. We go by
group by group, second and third pages.
Mr. Plummer: Carl, that's all well and good, but where is
the money coming from? That's....
al
79 February 14, 1985
Mr. Rosencrantz: Commissioner, as I stated earlier when we
made the initial presentation, in order to fund these
particular activities that we are recommending, we are
suggesting that the administration cut back on certain
expenditures so that the funding for these things does not
come out of available surplus. On the first page of the
memorandum to you I suggested two possible sources that we
would use as funding sources for these particular
activities. One source involves a funding that was an
appropriation that was made in Special Programs and Accounts
for special improvements to parks programs. There were
$3009000 appropriated; so far only $1,000 of that money has
been spent. We are suggesting that we use a portion of
those funds to fund these particular programs. The second
funding source that we're recommending is to include in this
year's budget was an amount of $300,000 which was to be used
to off -set the anticipated deficit at the auditorium. We
are recommending that instead of making that contribution
this year, that we use some of those funds to fund these
particular programs. I would point out to the Commission
that in past years, we've never made that large of a
contribution to off -set the deficit at the auditorium, the
Coconut Grove Auditorium.
Mr. Dawkins: Mr. Manager, you said $300,000 from what
Mr. Rosencrantz: There was two different sources that we
were looking to to secure these funds. Presently one source
of funds that we wanted to look through was in special
programs and accounts. There is an amount of three hundred
thousand dollars which was set aside for special
improvements parks. This is in addition...
Mr. Dawkins: Wait. Hold it right there. That was set
aside for special improvements to the park. Is that
correct? Now, our parks need improvements. So, now we
can't very well take... I mean hold it now. We shouldn't
take that money, because between now and November we are
going to go out and tell the citizenry that we want to past
a thirty-five million dollar bond to enhance our parks and
bring them up to date and then they are going to come and
tell me well, you just took three hundred thousand dollars.
So, now why are you asking me for thirty-five million.
Mr. Rosencrantz: Commissioner Dawkins, to my knowledge
there is no movement or no effort been made to put a thirty-
five million dollar bond referendum on the ballot this
fall. I don't know of any movement to that effect.
Mr. Dawkins: Ok. Well, all right then do you know... can
you tell me that three hundred thousand cannot be spent to
upgrade our parks.
Mr. Rosencrantz: Last year...
Mr. Dawkins: No, sir. No, sir. Can you sit there and tell
me truthfully that you and the Parks Department cannot go
out and up grade our present parks with three hundred
thousand dollars?
— Mr. Rosencrantz: If the decision was made to upgrade our
parks with three hundred thousand dollars will certainly
go... would make a significant contribution in terms of
improving some of those services. Additionally, I would
point out to the Commissioners two things. One, as last
year there was an appropriation of three hundred thousand
dollars in the same category of which only a hundred fifty
thousand was used.
sl 80 February 14, 1985
Mr. Dawkins: Ok. Now, I will go back now. Who should make
the decision that the three hundred thousand dollars should
be spent?
Mr. Rosencrantz: This to me is a major policy decision and
I think it's the... the effectiveness is to determine the
priorities for the use of resources and I think that's a
decision of the City Commission.
Mr. Dawkins: At budget time we made that decision to put
that money in Parks and upgrade the parks.
Mr. Plummer: That's right. And we spoke this morning about
increasing the activity in cultural events in the park which
is going to cost more money.
Mr. Rosencrantz: Well, I would simply submit to the City
Commission is that I think each of you are very well aware
of the physical situation of the City. It is not possible
to have everything that perhaps we would like. My suggested
approach that if you want to have the social programs and
you want to have the parades and festivals, then we have to
give something up to have those and my suggestion here, here
are two items that we could give up in order to have those
items. So, it's making a choice:
Mr. Dawkins: Ok. If I give these two items up now, when
you come back with the budget and they have to be remade up,
what should I do then for budget hearing?
Mr. Plummer: Cry.
Mr. Dawkins: Yes, because it's an election year and I got
to raise taxes. You are right. I will break down and cry.
-
Mr. Rosencrantz: But Commissioner Dawkins, I'm sure you are
aware there are only so many dollars in the budget and there
is only so many things that we can spend those dollars on
and my purpose in bringing it to the City Commission in this
fashion, is to make you aware that I think it's necessary
that the City Commission consider some trade offs.
Mr. Dawkins: All right, Mr. Manager.
Mr. Plummer: Carl. Excuse me. Carl, give an idea... you
made a statement that said there was a lot of people sitting
on the perimeter waiting to see what the policy of this -
Commission was relating to festival. Give me just a general
ball park figure of what you think the dollars would be of
those that are waiting to come here and knock on the door.
Mr. Carl Kern: It's approximately one million one hundred
thousand dollars, two hundred thousand dollars.
Mr. Plummer: Did you hear that Commissioner Dawkins?
Mr. Dawkins: How much?
Mr. Plummer: That the people that have been sitting back
f patiently waiting for the policy of this Commission to be
established and have been sitting there waiting to knock on
the door as soon as this policy is established is 1.1
million dollars. Ok.
Ms. Joanne Holzhouser: Excuse me, would the Chair recognize
me?
Mayor Ferre: Yes.
sl 81 February 14, 1985
f e
Ms. Holzhouser: Joanne Holzhouser, 4230 Ingraham Highway, —
Coconut Grove. I didn't have any copious free time in the
last year to work at it, but occasionally I make a few bucks
the hard way doing festival and special event consulting. I
think I'm the only person in Dade County who goes out of
Dade County to see what other people do with festivals, �—
ineluding the funding, including the way they are put on.
1
You might want to send somebody to Milwaukee and see what
Summer Fest is doing up there in a piece of land that is
roughly compatible to what we have got in Bicentennial Park.
There are many many places you could go. There are many
many things you could do, your staff could do to learn. The
City of Miami has created a monster that is destroying all
of this with festival funding. Most of the festivals that
come before you are worth something to the people who are
S
putting it on and something to the people who attend. I'm
_
not arguing with that, but these festivals should be paying
their own way and when they tell you that they cannot do it,
they either have not taken the time or the trouble to learn
r
how or they don't wish to learn how. There are sponsors
gentlemen out there all over this Country. Some of the _
festivals in Miami such as the Grand Prix already know this
and they are using sponsorship to cover some their cost, but
there are many of these festivals who have... I said some of
_
them. I didn't say all of it. But there are some festivals
who do not aggressively, assertively, politely seek
legitimate sponsorship. There are festivals who do not seek -
ways to get other support and there are festivals who do not
pay any attention to the management and the spending of _
their funds, because folks, you don't make them do it. I
have seen through this process for some six or seven years
_-
now. There is very little investigation on how they spend
their money. How appropriately it's spent, because they =
think they got big daddy down here in City Hall and he is
going to give them the money. Put them on a one, two or
three year lease, tell them there is no funding after that
live or die, that's what some other projects do. There is a
way out of this madness and the way out of it is to tell
people festivals and special events are fun, but we are not
going to take it away from parks to do it. Now, the other
part of my story is this, we have been fighting for a year
now for the parks in the Grove. We could spend all of that
three hundred thousand dollars right here in the Grove and
just begin to touch it. I can tell you that there are two
parks Downtown, two parks Downtown that are in shameful
neglect. I defy anyone of you, anyone in this audience to
go down and look at Gibson Park or Reeves Park and not be
mortified and ashamed at what you have done to these
children. It is a disgrace.
Mr. Dawkins: And Clemente Park. Don't leave out Clemente
Park.
Ms. Holzhouser: I haven't been to Clemente Park. I have
been to those two.
Mayor Ferre: I can take you to New York City and show you
terrible parks there and I can take you to Boston and to
Cincinnati and to Jacksonville and Tampa and Orlando and I
can... Look the point is this. Now, that's your opinion,
ok, and you are entitled to your opinion and you can tell us
what a horrible place Miami is and what a terrible thing
this is and how ugly it is and how bad the parks are and how
bad... and let me tell you something, I believe that the
City of Miami has acted wisely in giving five hundred
thousand dollars to the Grand Prix. Yes.
Mr. Holzhouser: I pointed that out as a startling example.
sl 82 February 14, 1985
4*1 i
Mayor Ferre: You know I'm not saying that you have or you
haven't. All I'm saying is that I think that we are going
to get that money back many times over. I happen to think
that the Miss Universe monies that we spent were one of the
best spent monies that we spent. Now, there are a lot of
people that don't agree with roe on that. I do think that
when eighty million Americans are watching that program and
they are seeing the beauty of Miami, that's for the same
reason and I know a lot of people disagree with me about
Miami Vice. I have been for it from the first program,
because every time that camera goes on the bay and it shows
the Bahama Islands and it shows the beauty of the skyline of
Miami and Brickell Avenue and Coconut Grove and Little
Havana and the last week they had the Jose Marti Park. I
didn't even recognize the place it was beautiful. I said
where is that? I couldn't... and they had the Rivers and
the boats were going by. It was absolutely magnificent. I
want to tell you it's one of the best things that's happened
to Miami. Calle Ocho. I know it. It bothers me to see
forty-five and thirty-five. We are spending seventy sum
odds thousand dollars of our money in Calle Ocho. One of
the best spent... I wish we could get that kind of return...
the art festival that you are involved in that does cost us
anything hardly. Ten, fifteen thousand dollars. That's a
small contribution for what's going to be a major event this
weekend. Last week we had PACE. You know what happened to
me at PACE and I want to share this with you. Ok. I go up
there are all the television cameras, they come down... you
1
know... let me see if I recognize anybody... none of you
guys were there with cameras. Mike you were there, but not
with a camera. Three of these guys come down, microphones
going in my face "Mr. Mayor, why can't we have events like
r
this all the time so that there won't be muggings and rapes
and crime in this park and so that ... I said "fellows can't
i
you ask me the same question in a positive vein?" I mean,
why must we always ask the question about Bicentennial Park
in reference to muggings rapes and crimes. I mean, the
moment you do that you are defeating the purpose of a...
PACE was a great success. Yes, I know. There were ten
thousand people there and we should have had twenty. That's
something we need to talk about. Joanne, look we can go on
all day, but I happen to think that the City of Miami is
doing a wise thing in encouraging these festivals. It's a
way for people to correlate to each other and it something
that's desperately needed in a community that is very very
much torn apart.
Ms. Holzhouser: I have not suggested that festivals should
not be here. I have suggested that in other places they pay
their own way in a large part. I am saying again and I'm
going to continue saying it, may be this will be the cause
this year, people deserve parks for their children and
themselves. You are now considering at the next meeting
giving over some of Peacock Park to a commercial interest
because it's not being used. It's not being used because
you all won't spend the money to hire recreation people and
put them there. You think you got us caught. Well,
eventually, the worm is going to turn and it's turning now.
We are fed up with people deciding how to spend our tax
money and even considering taking three hundred thousand
more from the parks. You won't spend it on the parks we
have got and then you are going to spend it on more
festivals. Let the festivals pay their own way and I
challenge you, if you think that I am wrong why don't you
put somebody on it and study how other cities do it. Don't
keep telling us... wait a minute, please let me finish this.
Mayor Ferre: Are you ever for anything?
sl 83 February 14, 1985
Ms. Holzhouser: Yes, I am for a lot of things and I think
that's an insulting thing for you to say Maurice. I really
do. Excuse me, Mayor Ferre. I think that I have been for a
number of things. I am for, as I just pointed out,
Bicentennial Park to be converted into something like
Minneapolis, Milwaukee Summerfest. You didn't even pay
attention to that to say gee what are they doing? They are
doing something very positive there. I could tell you other
things that are positive, but when I get up here I am up
here almost alone with no money. It's always the people who
want more from you who come up with the high price lawyers.
Us poor little citizens come up here alone and fighting.
I'm sorry it has to be a fight. I won't let you attribute
to me that I think Miami is ugly. I love it. That's why I
fight so hard for it. I love Coconut Grove. I love the
parks. That's why I have spent the last year fighting for
them. But I think that you all are wrong to take money from
parks and put it in special events when some of them, a
number of them could pay for themselves. I think it's
irresponsible fiscal management of the worst type and I
think you all ought to be ashamed if you take monies from
parks and put them on special events.
Mr. Carollo: Joanne, you know, you are very right in many
of the things you are saying, but I think you are very wrong
in lumping all of us together. I have been saying a lot
longer than you have that we got to stop giving monies away
for all these parties and festivals.
Ms. Holzhouser: I apologize for lumping you all together.
I should have waited for you to vote Mr. Carollo.
Mr. Carollo: Well, no. I think you have been present many
a times when I have been fighting against giving all these
monies away. And you are right. It's got to stop and it's
got to stop more now than ever when we are so short in
funds. You are absolutely correct. Now, that doesn't mean
that you are not going to disagree with Maurice something,
agree with him sometimes, disagree with me sometimes or
agree with me sometimes. What it means is that you are
getting a point across, I think that a lot of citizens agree
with and I don't think we need the Herald to do a survey
that would probably come way up to say what everybody wants.
What we need I think is to listen to the little people like
you are saying and I think that's what the vast majority of
people want. I don't think that in times like this when we
can service the park, when just about every type of service
that we are giving is going down in quality instead of going
up and we are taxing the people to the point where we
practically can't put any additional taxes we are almost to
the ten mill, that we have to be giving monies away to .all
these festivals and parties. Yes, Calle Ocho is fantastic,
but I think Calle Ocho should start considering getting some
additional funds for next year. Like many other festivals,
parties, whatever you want to call them.
— Ms. Holzhouser: Thank you, I pointed out to Commissioner
Perez and Commissioner Dawkins at a recent CAA meeting
that ---and it's interesting that every other word had to be
translated, but when I said this in English the women in the
place applauded. I said that, the time has come when we need
to give money for human needs. When we take it away from
mothers and children and old people and other human needs
and put it on beauty queens and floats and a festival it's
wrong. And I was applauded. They understood what I said
very well, because I think that's a common factor that binds
r° all of us. We want to take care of people first. Thank you
very much.
sl 84 February 14, 1985
Mayor Ferre: All right, we have a decision that we have
been putting off making and which ever way you want to vote
is fine, but I think it's time for us really to get to the
decision making point.
Mr. Rob Arinson: Excuse me, Mr. Mayor, may I have two
minutes?
Mayor Ferre: Yes, sir.
Mr. Rob Arinson: Thank you. My name is Rob Arinson. I'm
the program director of the Red Cross Emergency Food
Distribution Program. Our program has been turned down. We
have requested assistance for twenty thousand dollars to
help our program go. We distribute U. S. Department of
Agriculture commodities to the needy of our community. We
are asking for a small amount compared to what is being
given to some of these parties and such, but we are giving a
great deal and as I was asked by Mr. Carollo the last time,
what are we giving to the City of Miami? I have here what
we are giving to the City of Miami.
Mayor Ferre: Well, we are very quickly approaching the
point where Plummer, you have been saying we ought to be a
long time ago and where Carollo has been saying from the
beginning and that is that we are going to have to be live
Hialeah and say we got no money available at all for the Red
Cross, for the Overtown Day Care Center, for Garces for
anybody and just say go to Metropolitan Dade County.
Mr. Arinson: Yes, sir we have.
Mayor Ferre: In Hialeah what they do...
Mr. Arinson: Yes, sir we have. We have received thirty-
. five thousand dollars from Metro Dade.
Mayor Ferre: In Hialeah what they do is they send them all
here. We better just send them all to Metro. We just... I
mean, you know, there is a request here... the request is
not a million two, it's a million six hundred thousand
dollars. We...
Mr. Carollo: Well, last year Mr. Mayor, we spent almost two
million dollars. Almost two million dollars.
Mayor Ferre: We don't have the money. It's that simple.
Mr. Arinson: Well, sir we are just asking for twenty
thousand dollars to continue the program to distribute
commodities to those in our community, greater Miami in a
hole who are below the poverty level. This includes people
my age, children, middle age adults, elderly people. This
includes people who are not eligible for any kind of other
federal or state assistance such as AFDC. Sometimes towards
the end of the month this is the only stuff that people have
to put on their tables and I'm asking you gentlemen to
please reconsider this and give the Red Cross a chance to
continue its program. Now, I have been here since 9 O'clock
this morning waiting to do this. I appreciate the time. I
need to get home myself. It's been a very long day, but I
am asking you to please review this, give me a call at my
office. I will be glad to talk with you. I have tried to
get in touch with several of you in the past, but we do
distribute to the City of Miami and to the whole County and
we are asking that you please reconsider this twenty
thousand... it doesn't even have to be... anything that the
City of Miami can contribute. The Red Cross does not
receive any federal funds. We are supported by the United
Way. I don't know why the United Way does not fund this
program. That's not my department.
sl 85 February 14, 1985
Mayor Ferre: They don't have the money. It's very simple.
It's like all of us, there is a limit...
Mr. Arinson: That's right. They fund the Red Cross
primarily. We do not... the only time we receive
governmental funds is through special programs such as this.
Mr. Plummer: We gave forty-five thousand dollars last year
to the United Fund. We gave it.
Mr. Arinson: That was to the United Fund.
Mr. Plummer: What?
Mr. Arinson: I'm sorry, sir, I didn't hear you. _
Mr. Plummer: We, the City of Miami gave United Fund forty-
five thousand dollars last year.
Mr. Arinson: Ok. Well, that did not go to...
Mayor Ferre: Which was never supposed to be. You see, the
United Way isn't so that government agencies can give to
this, it's supposed to be a private sector and private
people.
Mr. Arinson: I am not with United Way. I'm with American
Red Cross.
Mayor Ferre: Yes, but you know... see, it not... I'm not -
blaming you are anything. You know,...
Mr. Arinson: I understand, but I wish you would...
Mayor Ferre: ...our President who is a very smart man has
said no more money from Washington. Now, you want to give
it to them, you give it to them from local funds, but we
don't have it.
Mr. Arinson: Well, he is giving us this cheese, we need the
wherewithal to put it out. So, I ask you to please give me
a call. I will be glad to discuss it with you. Whatever...
if there is any possibility, because you are spending five
hundred thousand dollars for this festival, hundred thousand
for that. How about putting some food on somebody's table.
—
Thank you, gentlemen. Have a good day.
UNIDENTIFIED SPEAKER: Mr. Mayor, could I have just one
minute?
Mayor Ferre: Yes, sir. St. Patrick's.
-
UNIDENTIFIED SPEAKER: Yes. Saint Patrick's Day Parade *is
in this funding recommendation and I think the festivals in
that type of events are important to the City of Miami.
They bring in dollars. The bulk of our funds are
advertising. I think you will remember the unfortunate
event which we had about this time last... about March of
{
last year. The Saint Patrick's Day Parade was one of the
good things that NBC put across the nation to show that
Miami is a family oriented town and we can... we do have
family oriented events and that we do encourage people to
come to the Downtown Miami. Now, if you want revival down
there in the Miami area which builds your tax base then
these kind of events have got to be supported, because the
people... there are plenty of people are growing up in this
town have never been to Flagler Street and unless you have
'
an event such as this to bring them down there, you are not
q
going to be able to help the merchants help the tax base and
tiY
gl 86 February 14, 1985 �
0
help this community and I think we would like consideration.
We have... there is a recommendation and we have been cut =
tremendously in that recommendation from the fifteen
thousand of last year to seventy-five hundred.
Mr. Dawkins: Mr. Mayor, if anybody can say that they said
stop the flow of money is me. From the very first
Commission meeting that I sat here, I said that this was not
the way to run an airline. Ok. Nobody heard me. Now we
have run out of money and as Commissioner Carollo said a few
minutes ago, the professionals have developed a funding
mechanism which we asked them to do so that we could operate
by it. For forty-seven minutes we have not acted on the
recommendation of the professionals on the funding proposal
that was proposed. Now, once I get an answer to one
question, I'm going to move that we act on it and that will
become the policy of this Commission and then whatever the
funding, the committee recommend, then that's what we should
have to live with. The thing I would like to ask the
Manager on page 2 of your memo, sir, Item 3 where it says
"H"... you know, the item for the agenda.
Mr. Rosencrantz: Pardon.
Mr. Dawkins: "H".
Mayor Ferre: Item 3, no more than twenty-five thousand in —
cash...
Mr. Dawkins: Ok, you got it? -
Mr. Rosencrantz: That's the Carl Kern memorandum? =
Mr. Dawkins: Yes.
Mr. Plummer: No, no, not Carl Kern.
Mr. Dawkins: No, Casteneda.
Mr. Plummer: Oh, wait a minute, hold on. I don't have
that.
Mayor Ferre: On your agenda packet. It has a big "H" up in
the top.
Mr. Plummer: Yes, but that's not by Carl Kern.
Mayor Ferre: No, it isn't. He is wrong. It's not by Carl
Kern. He has got the wrong memo.
Mr. Plummer: Ok. All right, then I have got the right one.
Mayor Ferre: Look at your packet Mr. Manager in section
"H". It has the signature...
Mr. Dawkins: Ok. #3. You got it?
Mr. Rosencrantz: Yes.
Mr. Dawkins: Now, it says no more than twenty-five thousand
dollars in cash or in -kind City services or one third of the
events budget, whichever is lower can be granted for a year
with phased out funding of successful events. Now, are we
going to penalize those who are successful and reward those
who are not? That should read in my opinion, with phased
out funding period. Ok.
Mr. Rosencrantz: That's fine.
gl 87 February 14, 1985
t f
Mr. Dawkins: All right, that's fine. Now, with that I
would like to move that we accept the recommendations for
the special event funding policy.
Mayor Ferre: Is there a second to that motion?
Mr. Carollo: Mr. Mayor, I would second it for the purpose
of discussion.
Mayor Ferre: Go ahead.
Mr. Carollo: I think that the administration has tried to
come up with the best possible working solution that they
can, but what happens is that no matter what solution is
presented we, you know, just open up the wallets every time
people come and you know, it shows it here. Last fiscal
year 1983-84, we had allocated approximately a quarter of a
million dollars for festivals in the City of Miami and
approximately another 1.6 million was allocated for other
special events and special funding requests besides the
quarter of a million we had requested. Now, what this tells
you is that as long as we are handing out the monies
political pressures are going to be applied. The minute
someone in the Commission caves in for one program, then
someone is going to open up another and I think that what
this Commission needs to do and I keep saying this time and
time again, is that we have to establish a policy that
outside of the commitments that we have with the Miss
Universe Pageant that's completely another thing to itself,
I think we have to establish a policy that the next fiscal
year we are not going to give out any monies period for
festival or for a special funding request, even though some
of it might be cash for in -kind City services that still
amounts to monies to the City because we have to pay for it.
Mayor Ferre: I think that problem is going to take care of
itself because we have run out of money and it's not going
to be available. So, it's not a question of what you and I
or anybody else wants. We just don't have it.
Mr. Carollo: If I may, I would like to bring a substitute
motion to begin next fiscal year which is September of this
year when our new budget begins. City of Miami is not going
to give out any monies whatsoever for any festivals or out
of the special funding request even if it means in -kind cash
contributions. They only thing that we will go along with
will be the commitments that we have had for the Miss
Universe, Inc. pageants.
Mr. Plummer: Mr. Carollo, may I beg to indulge. The
commitments we have I do not consider the Miss Universe to
be a festival. That is strictly a promotional and should be
a separate fund.
Mr. Carollo: I agree, J. L., but I'm including funding for
special requests.
Mr. Plummer: I would separate that from festivals.
Mr. Carollo: Fine. I think the point is well taken, but I
just want to re-emphasize it so that we would not fall into
any problems later on. But I think if we do this, that's
the only way that we are going to stop this once and for
all.
Mr. Plummer: What we are going to do is drive Metro crazy.
Mr. Carollo:
gl
Well, it's about time, you know.
88 February 14, 1985
Z fi
Mr. Dawkins: I withdraw my motion in favor of the
substitute motion. —
Mayor Ferre: The substitute motion incorporates your
motion, but it also adds to it that as of the new fiscal
year we are not going to spend anymore money. Is that it?
Mr. Carollo: As the new fiscal year begins September of
1985 no more monies are to be spent period.
Mayor Ferre: Are you accepting the administration's
recommendation in your motion? —
Mr. Carollo: Well, I will accept the administration's -
recommendation to finish out this year. This fiscal year.
Mayor Ferre: But it instructs the administration that for
the September budget not to put in there any funds for any
festivals.
Mr. Carollo: Put everybody in warning now.
Mayor Ferre: And that you send them notice immediately.
Mr. Carollo: I think we have to•do that.
Mayor Ferre: Yes, Ma'am, I'm sorry. I know you have been
here all day and I apologize to you. -
Ms. Julia Dawson: My name is Julia Dawson. I am at 1137
Northeast 123rd Street and I'm here representing the
Community Coalition for Celebration of Women's History and I
have provided each of you with the description of the
project as well as the budget. We are one of those entities -
that has looked for and acquired private funding for our -
endeavor. This is the second year that we have had a
community coalition working on this project and this year we
have received corporate funds from Southern Bell. A huge
amount of in -kind money from Miami Dade Community College,
monies from the University of Miami. We have received a
grant of five thousand dollars from the County and I am here
to ask for five thousand dollars from the City. I
understand the problems that you are working within.
However, if there are going to be monies awarded for some
entities, I would like to see a redistribution to include
the program that I am involved with. There is no other
event in this City that focuses on the contributions of the
majority of the residents of this city have made to history
and that is women. This is a nation wide observance every
March. It is being expanded into a month long observance
and will be a month long observance in this community. We
have a fantastically varied group of women working on this
project and we need additional monies from the City of Miami
to enable us to follow through with the plans that we have
this year and hopefully attract additional private fundings
for subsequent celebrations of women's history in the
ensuring years. We feel that there are definitely private
funds available. We feel that our request is nominal in
comparison to many of the other requests that you get. We
feel that this is an opportunity for the City to be involved
in something of a truly international nature. The focus of
women's history week is international women's day and we
have certainly planned our events to make it an
international celebration. Both the events of celebration
of women's history and the funding requests are supported by
the Miami Commission on the Status of Women and I hope that
their letter recommending your support for this event has
already been relayed to you.
gl 89 February 14, 1985
4 41
Mayor Ferre: Thank you very much, Ms. Dawson. All right,
as I understand it it was not recommended for funding. Mr.
Casteneda you want to explain to Ms. Dawson as to why you
are not recommending it for funding or Mr. Kern. I'm sorry.
Mr. Kern: Yes, sir. Carl Kern, Parks and Recreation. Like
all of these they have a very good programs and there is
nothing wrong with the program, it's just a matter of no
money. They have been able to do it in the past without
City support. This is the first year that they have
requested City support and we think that they can have the
event without... Otherwise, our support is not essential to
their event. Obviously, it would be nice for them to give
them some money. We are recommending against it.
Ms. Dawson: With all due respect, the funding is central to
the plans that we have for this year. We have expanded this
program as it should be expanded to be a major event in this
community and it is not possible for us to carry through
those plans without the City funding. I understand that
there are grants given. Again, I'm asking for a
redistribution of the monies that are going to be awarded to
include ours.
Mayor Ferre: I understand Ms. Dawson. I want to tell you
that I am personally for your program, as I'm sure everyone
is on this Commission. The problem is as Miller Dawkins
just said a little while ago, it we start making exceptions,
then we are back to where we were as to, you know, who's
friend is who's and who makes what and we get into the
politics of it and the only way, unfortunately, to avoid
that is just to do what the administration is recommending.
Now, if we make an exception with you how can I look that
man in the face from the Red Cross and tell him that we are
not going to fund him?
Ms. Dawson: I understand that, but I believe that the
purpose of the Commission is to hear appeals for decisions
that are made by the Community Development Division.
Mayor Ferre: Yes, but that's what gets us in trouble.
That's true and you know what's happened in the past the
appeals reach us as you know and we break down and I happen
to think you are great or what you are doing is great, so I
break down. And then Commissioner Dawkins or Commissioner
Perez thinks that something else is great and I can't say
"no" to him. I expect him to vote "yes" with me on yours
and the next thing you know, it's all open again.
Ms. Dawson: Well, again, I am not requesting additional
monies. I am requesting a redistribution of the monies that
I understand will be included in the motion already made.
Mayor Ferre: Ms. Dawson, the motion that's been made is
that we follow the administration's recommendation to the
letter, period, that's it and to tell everybody as of next
year there are no more funds available for any festivals of
any kind. That's it. And as far as the social expenditures
that we have, they are going to be greatly reduced this year
because of federal cuts. We have had to stick our hands
into your pocket, those of you that live in Miami or own
property here and get three hundred sum odd thousand dollars
out of ad valorem tax monies which we have never done before
so that we can some how keep these programs a float. Well,
we can't do that anymore. We just can't afford to.
Ms. Dawson: Well, again, I understand that that part of the
intention is to highlight some of the unique characteristics
of this community and I feel that the contribution made by
women to this community has been overlooked and ignored for
a long time...
gl 90 February 14, 1985
I Mayor Ferre: I agree with you.
Ms. Dawson: ... and I think it is time that the City
recognized the contribution of the majority of it's citizens
and participated in celebrating that contribution.
Mayor Ferre: Thank you, Ms. Dawson. We now, have a motion
that is on the floor and that has been seconded. This is a
substitute motion. Does everybody clearly understand what
the motion is?
Mr. Stuart Sorg: Mr. Mayor, may I speak to the Goombay?
Nobody has spoken for them today.
Mayor Ferre: Stuart, Goombay has been included in the
administration's recommendation. We can't spend more money
than...
Mr. Sorg: Right, but... No, just let me address...
Mayor Ferre: You know, if we start making an exception for
Goombay, then the people in the Haitian community and
Overtown and the other group and the next thing...
Mr. Sorg: But just let me address it just for one second.
I want to address Commissioner Carollo's statement if I may.
I don't think you can take a festival like Goombay, which is
about seven years old ---I'm the Vice -Chairman of Goombay---
and give them fifty-six thousand dollars each year for
police and fire and sanitation services and all of the
sudden come along and say, boom, there is no more funding.
You know, that draws four hundred thousand people to Coconut
Grove. It's building. It's becoming one of the more
prominent festivals in our City. Black people come from the
Bahamas, they come from the Caribbean. They come from every
place and it's a very special time of the year for the Black
folks and we know that and...
Mr. Carollo: Stuart, Stuart, wait a minute. We have been
friends for a long time, but see this is the kind of stuff
that gets me mad and this is the kind of stuff that's
bringing this problem to us. We got to fund this festival
because well, Blacks. We got to fund that one Cubans. We
got to fund this one because of American Indian. That one
because they are Italian. This one because they are Polish.
Their are festivals period and what I'm saying is we are
going across the board. We are knocking out any funding to
Calle Ocho, that's Cuban. We are knocking fundings to any
other festivals whether they are Black, Cuban or anything in
between, yellow, blue, green, whatever. The bottom line is
that the people of this community are fed up with paying
taxes. We can no longer be throwing our city's monies into
festivals when we are gong to have a short fall between ten
and fifteen million dollars for next year. Hopefully, now
it's between eight and thirteen when we save the City two
million dollars of this if it passes. You know, so, my
suggestion is Stuart that you go out and you find you
sponsors. You find ways that you can out back on some of
the expenditures that you have and you find ways that you
could bring new revenue that you hadn't thought about
before, but we can't fund you and not fund everybody else.
Mr. Sorg: I understand that, but all I'm saying is you just
can't lead these festivals up to the brink and cut them off.
It takes two or three years to gradually increase the flow
of cash.
Mr. Carollo: Stuart, how many years has the City of Miami
being funding Goombay?
gl
91 February 14, 1985
3
Mr. Sorg: About seven years.
Mr. Carollo: Seven years. Don't you think it's about time
that Goombay and every other festival that we have been
funding for two, three, four years or more finally find
itself...
Mr. Sorg: Sure, but give them a slow phase out period.
Just don't chop it off at the end. I don't... that's... -
Mr. Carollo: We have no choice and the only way that we are
going to save that money is by chopping it all off.
Otherwise, you are going to find a problem that instead of
chopping up the festivals we might find a solution where we
might have to layoff police, fire, sanitation employees and
when you start doing that, then you start losing the reason for us to exist as a government body. The main reason that
we exist is for the protection of life and property. Not to
funds festivals or parties or anything else like that.
Mr. Sorg: I accept that, but I don't think you... I think
you got to have some fair and reasonable phase... a phase in
period. They just can't raise fifty-six thousand dollars...
Mr. Carollo: I think after seven years of us funding a -
festival, you knok, I think we have been fair long enough
Stuart. Don't you think?
Mr. Sorg: I do, but I think you can cut it gradually. I
don't think you can just kill a festival like that.
Mr. Carollo: Yes, another seven years I'm sure Calle Ocho
will tell us the same thing, that they need another five,
seven years to phase out.
Mr. Sorg: But the greatest expense of Goombay is fire and
police services those fifty-six thousand dollars last year.
Where is that going to come from.
Mr. Carollo: Get sponsor Stuart. You have plenty of
contacts in this community where you can go out and get
sponsors, but you know why you haven't done that. It's too
easy to go to the City Commission and you know, we are going
to write the check. So, why go out, you know and have to
work your behind in getting sponsors when you can just make
one trip to the City Commission and we will take care of it.
Mayor Ferre: All right, it's time to vote. Ok. Ready?
Mr. Plummer: So, be it.
Mr. Dawkins: Call the roll.
gl
92 February 14, 1985
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-101-A
s
A MOTION ALLOCATING A TOTAL OF $242,272
AS FOLLOWS: $7,617 FROM FY184-85
GENERAL FUND: SPECIAL PROGRAMS AND
_
ACCOUNTS, $100,000 FROM FYI 84-85 PARK
IMPROVEMENTS: SPECIAL PROGRAMS AND
ACCOUNTS, AND $134,655 FROM FY184-85
CONTRIBUTION TO COCONUT GROVE EXHIBITION
CENTER TO VARIOUS SOCIAL SERVICE
AGENCIES, FESTIVALS, PARADES, AND
CULTURAL EVENTS LISTED HEREIN FOR FY184-
85, AUTHORIZING THE CITY MANAGER TO
ENTER AGREEMENTS WITH THE AFOREMENTIONED
AGENCIES AND ORGANIZATIONS IN A FORM -
ACCEPTABLE TO THE CITY ATTORNEY.
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
a
NOES: None.
ABSENT: None.
The following motion was introduced by Commissioner -
Carollo, who moved its adoption:
MOTION NO. 85-101"B"
A MOTION ACCEPTING THE ADMINISTRATION'S
STATED POLICY, AS AMENDED, FOR
CONSIDERATION OF SPECIAL FUNDING
REQUESTS FOR THE REMAINDER OF FY'-1985;
FURTHER EXPRESSING THE CITY COMMISSION'S
_
INTENT TO ELIMINATE ALL SPECIAL FUNDING
FOR SOCIAL SERVICE AGENCIES, FESTIVALS,
—
PARADES AND CULTURAL EVENTS FOR FY11986
AND DIRECTING THE CITY MANAGER TO SO
NOTIFY ALL PREVIOUS RECIPIENTS OF SAID
FUNDING.
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
1^
NOES: None.
ABSENT: None.
a;
93 February 14, 1985
1 • •
ABSENT: None.
32. ACCEPT RECOMMENDATION CITY ATTORNEY -UNSAFE STRUCTURES, -
BEGIN EVALUATION PROCESS AGAIN.
------------------------------------------------------------
Mr. Carollo: Mr. Mayor, real briefly, I think Lucia has a
brief item she needs to bring up to us.
Mayor Ferre: Brief what?
jMr. Carollo: Item that she needs to bring up.
Ms. Dougherty: Mr. Mayor, briefly, you may recall the
warner case which is the building that Unsafe Structures
Board permitted the City to tear down many months ago in
the...
Mayor Ferre: At the golden arm or golden glades or...
Mr. Carollo: Yes, if you remember Maurice, you and I went
to a Coral Way meeting together to the Homeowner Association
there.
Ms. Dougherty: As you recall the Unsafe Structures Board
said the City could tear it down. The Third District
reversed and said that the City used the wrong valuation in its determination. That is now pending before the Supreme
Court, but we would like authorization or direction from the
Commission to do two things. One, to start the process over
again. At least get the engineers on board to make the
right valuations in case we lase in the Supreme Court and
the second thing is to send the City inspectors. Mrs. Perez
is out here and she thinks that there are Code enforcement
violations out there and the City inspectors need to go out.
Mayor Ferre: All right, is there a motion to that effect on
both of those items?
Mr. Carollo: So move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: All right, further discussion, call the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-102
A MOTION ACCEPTING THE RECOMMENDATION OF
THE CITY ATTORNEY IN CONNECTION WITH
UNSAFE STRUCTURES AND ALLOWING THE CITY
MANAGER TO BEGIN THE EVALUATION PROCESS
AGAIN, AND FURTHER DIRECTING THE CITY
MANAGER TO ASSIGN THE NECESSARY NUMBER
OF BUILDING INSPECTORS TO MAKE SURE THAT
NO DEVIATIONS EXIST; ALL AS REQUESTED BY
THE CITY ATTORNEY ON THIS DATE.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote-
gl 94 February 14, 1985
0 0
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
33• RATIFY ACTION OF CITY MANAGER: WAIVE COMPETITIVE SEALED
BIDS 1-RADIO DATA CONVERTER.
------------------------------------------------------------
Mayor Ferre: All right,.we are now on the afternoon agenda,
Item 43. Is there anybody here on 43? This is Electrocom
Automation or something... You need four fifths vote. Is
there a motion?
Mr. Carollo: So move.
Mayor Ferre: Is there a second?
Mr. Perez: Second
Mayor Ferre: Plummer, you got any problems with that?
Mr. Plummer: What is it.
Mayor Ferre: 43. Electrocom Automation, Inc. The only
licensed manufacturing. It's the only... Department of
Building and Vehicle Maintenance.
Mr. Rosencrantz: This is a public hearing, because it's a
sole source item.
Mayor Ferre: Eddie, you have to have that, huh? All right,
is there further discussion. Call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-103
A RESOLUTION RATIFYING THE FINDINGS OF
THE CITY MANAGER, BY FOUR FIFTHS (4/5)
AFFIRMATIVE VOTE OF THE CITY COMMISSION,
AFTER A DULY ADVERTISED PUBLIC HEARING,
THAT THE REQUIREMENT FOR A COMPETITIVE
FORMAL SEALED BID BE WAIVED, AND THAT
THE SOLE SOURCE PURCHASE FROM ELECTROCOM
AUTOMATION, INC. THE ONLY LICENSED
MARKETING AGENT, TO FURNISH ONE (1)
RADIO DATA CONVERTER (RDC-95) FOR THE
DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE FOR A TOTAL PROPOSED COST OF
$23,600.00 BE APPROVED; ALLOCATING FUNDS
THEREFOR FROM THE 1984-85 OPERATING
BUDGET OF THAT DEPARTMENT, AUTHORIZING
THE CITY MANGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT, SUBJECT TO THE AVAILABILITY
OF FUNDS.
gl 95
February 14, 1985
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre -
NOES: None.
ABSENT: None.
34. CONFIRM ORDERING RESOLUTION: BUENA VISTA HIGHWAY
IMPROVEMENT PHASE II H-4506
------------------------------------------------------------ -
Mayor Ferre: Now, we are on Item 44.
Mr. Carollo: Move. —
Mayor Ferre: Is there a second?
Mr. Dawkins: Second. —
Mayor Ferre: Further discussion. Is there anybody here who _
wishes to speak on this public hearing? Yes, sir. I know
you have been here most of the afternoon. Go right ahead.
x
Mr. Bennett Cumo: My name is Bennett Cumo. We own the
property that will be affected by the Buena Vista Highway
Improvements. In 1978 we permitted a building and completed
_—
it and it was finally approved. During the building permit
process we were issued a building permit under the --
requirement to construct a sidewalk, curb and gutter and to
do the street improvements in the front of the property.
7
The City is now proposing to tear up what we did put it in
and assess us again, after we have already paid one hundred
per cent of the improvements. I object to having to pay any
more for improvements when I have already done them. I
hear... all day long I have been listening about saving
—
money. If you don't do it and accept the improvements that
I have put in according to all the specifications that were
demanded upon me by the City, the City will save some four —
thousand dollars in improvements. So, that pays for a month
and a half of a policeman out there doing his patrolling.
—
That's about it. I have talked with the... I have tried to
solve this problem with the City themselves and Public
_
Works, but all I get is if we can use it we are going to =
tear it down and charge you. All the specifications are in —
-
the package that I have given to the Commission. I built it
_
=:
to their specs, under their order to build it and pay for it
a hundred per cent. I didn't ask the City to pay seventy-
five per cent of it. As you are asking me to pay twenty-
five per cent of your cost. I bore the whole nut of the
cost. City.
-
Mr. Cather: As I told Mr. Puma, we have looked at his =
situation. We are aware of the fact that he did built this
sidewalk, curb and gutter. We have promised him that we
will leave it in place, that we will not charge him for
that. We told him before the meeting and that's what we
t
intend to do.
gi 96 February 14, 1985
0 0
Mr. Cumo: I agree. Thank you very much.
Mr. Carollo: Can we incorporate somehow that into this
resolution or do we need to make a new one now, Lucia.
Mayor Ferre: No, no, I think the way to do it... Lucia,
what we would like to do is incorporate the foregoing
discussion in the agreement by the City to do what Mr.
Cather said into this resolution. Is that acceptable?
Ms. Dougherty: It's not necessary, but you can do it.
That's fine.
Mayor Ferre: Ok. She said it's not necessary, but you can
do it.
Mr. Cumo: Well, it's going out to the... See, the bid is
going out to the contractor. Being a contractor I know what
he is going to say. Yes, it has to come out, pay me my
money. If you can just say that's not part of it.
Mayor Ferre: Well, Mr. Puma, it's part of the record now.
I think the Commissioner or whoever wants to make this
motion can include it and that's the end of it.
Mr. Carollo: Mr. Mayor, I will make that motion on 44 minus
the part that pertains to this man's property that he
already paid for himself and Mr. Cather, I will leave it up
to you to make sure that the contractor understand that and
we are not charged for that again.
Mr. Cather: Absolutely.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, call the roll on Item 44
as amended.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-104
A RESOLUTION CONFIRMING ORDERING
RESOLUTION NO. 85-42 AND AUTHORIZING THE
CITY CLERK TO ADVERTISE FOR SEALED BIDS
FOR THE CONSTRUCTION OF BUENA VISTA
HIGHWAY IMPROVEMENT -PHASE II IN BUENA
= VISTA HIGHWAY IMPROVEMENT DISTRICT -PHASE
II H-450b.
(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.
gl
97 February 14, 1985
ABSENT: None.
-------------------------------------------------------------
35• CONFIRM ORDERING RESOLUTION: NORTH RIVER DRIVE HIGHWAY
IMPROVEMENT H-4501
------------------------------------------------------------
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-105
A RESOLUTION CONFIRMING ORDERING
RESOLUTION NO. 85-40 AND AUTHORIZING THE
CITY CLERK TO ADVERTISE FOR SEALED BIDS
FOR THE CONSTRUCTION OF NORTH RIVER
DRIVE HIGHWAY IMPROVEMENT IN NORTH RIVER
DRIVE HIGHWAY IMPROVEMENT DISTRICT H-
4501.
(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.
36. DISCUSSION OF WITHDRAWAL OF AG. 46 CONCERNING BETTER
CONSTRUCTION INC., AND PERSONAL APPEARANCE.
------------------------------------------------------------
Mayor Ferre: Take up 46. Anybody wish to speak on 46.
Ms. Dougherty: Mayor Ferre, 46 needs to be pulled.
Mayor Ferre: 46 is withdrawn by whom?
Ms. Dougherty: By the legal council. It wasn't properly
advertised.
Mayor Ferre: Not properly advertised. So, this has been
withdrawn.
Mr. Harold Rifas: Mr. Mayor, I would like to speak about
the fact that it's being withdrawn. I would also like to
ask you to consider Resolution
.96 which is related. Somehow
these got separated in terms of time here, but they both
relate to payments to Better Construction. I'm sorry. I'm
Harold M. Rifas, attorney. I represent Better Construction.
Mayor Ferre: All right, sir, what's your problem with the
pulling of 46? It wasn't... notification did not go out
gl 98 February 14, 1985
i
k-
It 0
properly. It's just a technicality. We just have to pull
it.
Mr. Rifas: Right. Mr. Mayor, let me give you a little bit
of background on this. Everybody is celebrating the opening
of Jose Marti Park except the builder who is still waiting
for payment. There has been a lot of celebrations.
Everybody is , you know, waving flags and carrying banners
and eating and drinking except the builder who is paying
interest on the money that's been due since an agreement
that was reached on December 7th with Pete Long and Mr.
Cather at the Public Works Office.
Mayor Ferre: Counselor in the interest of time there is no
way we can deal with 46 if the City Attorney tells us that
it is illegally before us.
Ms. Dougherty: Mr. Mayor I would suggest that we just put
it on the next agenda and.we will do it as soon as possible.
Mayor Ferre: It will be on the next agenda. Now, put it on
the next agenda that we can legally put it on. Now, we can
deal probably with 96, can't we?
Ms. Dougherty: Yes.
----------------------------------------------------------
37. ACCEPT COMPLETED WORK: BETTER CONSTRUCTION INC. JOSE
1 MARTI RIVERFRONT PARK -PHASE II
------------------------------------------------------------
Mayor Ferre: Separately we will do that for you right now.
Ok. So, let the record reflect that Item 46 has been
t withdrawn and we now take up Item 96.
Mr. Cather: 96 is correct sir.
Mayor Ferre: Now, this has the recommendation of the
administration?
Mr. Cather: Yes, it does.
Mayor Ferre: This is a resolution accepting the completed
work of Better Construction, Inc. of a total cost of
$9040064.23 for Jose Marti Riverfront Park Phase II, second
bidding and authorizing the final payment of $60,968.83.
Mr. Carollo: Move.
Mayor Ferre: Move by Carollo.
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call
the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-106
.s
gl
A RESOLUTION ACCEPTING THE COMPLETED WORK OF
BETTER CONSTRUCTION, INC., AT A TOTAL COST
OF $904,064.23 FOR JOSE MARTI RIVERFRONT
PARK - PHASE II, (2ND BIDDING); AND
AUTHORIZING FINAL PAYMENT OF $6o,968.83.
99 February 14, 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 Miller J. Dawkins
Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr. -
38. ADDITIONAL DISCUSSION OFF WITHDRAWAL OF AG. 46
------------------------------------------------------------
Mr. Rifas: Mr. Mayor, regarding Item 46. Since this was
agreed to be paid on December 7th that's been the subject of
two mistaken resolutions so far. Not one, but this is the
second time this has been... there has been an error. I
would like to ask that the new resolution be presented
include both cost and interest that are running on this
money. I...
Mayor Ferre: Well, I will tell you, I would... I don't see
any reason why we should penalize these people if it's our -
fault. Now, if we didn't legally advertise, we should hold
that against them. If they are entitled for payment unless
they are not entitled to payment.
Mr. Cather: They are entitled to payment. I think they are
entitled to payment as of today and I think that it is
reasonable that we pay interest starting today on the money,
because a legitimate mistake was made.
Mayor Ferre: Is there a motion to that effect?
Mr. Carollo: What does the total amount come to?
Mayor Ferre: Twenty-four thousand dollars is what we owe.
So, it would be interest on that.
Mr. Cather: Until such time as they get paid which will be
sometime after the 28th.
Mayor Ferre: At the going bank rate in Miami.
Mr. Carollo: Who made the mistake if I may ask?
Ms. Dougherty: Miami Review.
Mr. Carollo: Miami Review.
Mayor Ferre: Miami Review.
Mr. Cather: Yes, sir.
Mayor Ferre: Do they make those mistakes very often?
Mr. Cather: I have never heard of it before.
Ms. Dougherty: Never.
gl 100 February 14, 1985 —
It
0
Mayor Ferre: Ok.
Mr. Dawkins: May I before you go. This is the general
contractor. Do you have any subcontractors you have not
paid that you are going to pay interest on the money that
you owe them?
Mr. Rifas: No. The money, it's withheld money. No. All
liens and payments have been made.
Mr. Dawkins: You see, but you do withhold people's money
and you don't pay no interest. —
Mr. Rifas: No.
Mr. Dawkins: Hold it now. Yes, you do. You see general
contractors take subcontractors. They sub the job with him
and they don't put up a penny. Ok. Then the subcontractor
has to go, get the supplies, hire the technicians, do the
work and then put in for you to be paid and then you hold
his money up... not you sir. I don't mean you. I mean all
general contractors see and you don't pay him no interest.
But the minute that you guys..o yes, but the minute that you
guys can get somebody else over the barrel you want interest
and I don't think it's fair for you to demand interest of us
when you don't pay interest on the money that you withhold.
Mayor Ferre: Counselor, my advice to you is we will deal
with this when you come up here next time.
Mr. Carollo: Miller, I tell you that's pretty good for a
school teacher. You are learning quick.
------------------------------------------------------------
39. BRIEF DISCUSSION & TEMP. DEF: EXTEND DEVELOPMENT ORDER —
MIAMI CENTER I
Mayor Ferre: We are now on Item 47, which is Miami Center
I. Ok. Go ahead.
Mr. Sergio Rodriguez: Miami Center I and II are Items 47 —
and 48. The issues that we are going to be dealing with
today is basically the issue of whether the amendment
proposed by the applicant constitute a substantial deviation
or not. Just to refresh your memory the location of Miami
Center I is in the area of Ball Point and Miami Center II is
a project which is located in Dupont Plaza area. Miami
Center I still have an existing development order which is
still alive. There have been no final certificate of
occupancy given to them. In the case Miami Center II, the —
development order will expire on April 25th. These items
were considered by the Planning Advisory on February 6th and
the Planning Advisory Board recommended with the
recommendation of the Planning Department that the
Commission find a substantial deviation on the amendment
proposed by the applicant and send this back to the South
Florida Regional Planning Council. I'm going to try to —
cover now the amendments in Miami Center I and for this
purpose we are going to show in a chart that is before...
that should be before you now the comparison of the two
projects. In the Miami Center I development order the
approved development order shows an office development of
eight hundred five thousand four hundred square feet of
square footage. The proposal is for two million six hundred
five thousand four hundred square feet of square footage.
The change is one million point eight square foot of
gl 101 February 14, 1985
increase. When you look at the proposal for the hotel room
and the hotel square footage it's basically the same. The -
condominium units have been reduced from the originally _
proposed five hundred to nothing in the new amendment. The
retail have been increased from eighty-five thousand to two -
hundred eighty-five square feet with an increase of two -
hundred thousand. The parking spaces stay basically the
same. The parking spaces off site increased by six hundred �—
and the floor area ratio in our opinion increased by three
point twenty-seven. The figure that you have in the screen
where six point thirty-six was the original FAR approved by
the applicant. The new figure of six point eighty-three is
the one that they think... they propose to have now putting
our calculations we figure that they have nine point and
sixty-three floor area ratio with an increase of three point
twenty-seven. The only other item that I want to call your
attention in relation to the proposal is that even when one
of the buildings in Miami Center I is going from forty-eight -
floors to forty-nine floors, the actual increase in height
is from four ninety-eight to seven twenty-two for a total of _
two hundred twenty-four feet in height.
Mr. Plummer: Wait say that again. It's going up one
additional floor?
Mr. Rodriguez: In a proposal that we have from them if you
look at the bottom it shows forty-eight buildings in the
original development order. The new proposal show forty-
nine buildings, but the height of the new proposal is seven
hundred twenty-two feet.
Mr. Plummer: In other words it's two hundred twenty-four
feet more for one floor?
Mr. Rodriguez: It's the way in which they have designed the
building from the little information that we have that...
Mr. Plummer: It doesn't sound right.
Mr. Rodriguez: Well, we don't have enough information.
That's part of the problem.
Mr. Plummer: I mean I have heard of ten foot ceilings and I
have heard of cathedral ceilings.
Mr. Rodriguez: It might be that in some cases they have
double floors.
Mr. Plummer: Yes, but they are only adding one floor.
Mr. Rodriguez: Also, I want to call your attention to the
other change that they have in the west building that shows
thirty-six floors in the original proposal now going to
sixty-one floors, but the increase in height is from three
eighty-two to eight eighty-four feet in height. We feel
that all these items that I have mentioned on the record by
themselves constitute substantial deviations. According to
the Chapter 380.06 (17) (B5) of the Florida Statutes. In
addition to that Miami Center I has a street improvement
that they were obliged to provide and they are now... they
haven't satisfied this condition yet. A relief from this
obligation will constitute a substantial deviation too.
Also, they have... they were supposed to provide an over
head pedestrian bridge at a cost of two hundred fifty
thousand dollars not provide them or transferring these
responsibility from Miami Center I to Miami Center II
constituting in our opinion a substantial deviation. In
addition to that in relation to parking they have in the
past when the Miami Center I development order was approved
they showed before some common ownership and now they are
proposing to have some cross use of parking facilities.
gl 102 February 14, 1985
Mayor Ferre: Some what use?
Mr. Rodriguez: Cross use. They are going to try to use the
1 parking in another center.
Mayor Ferre: You know, sir, I don't mean to tell you how to
present these things, but the problem is that they get so
complicated and there are so many details that we get a
little confused. Now, the essence of what you have said so
far as I understand is it is your opinion, administration,
that there is a substantial deviation. That's the issue
right. The issue is is there "yes" or not a substantial
deviation. You contend that there is.
Mr. Rodriguez: We contend that the is.
Mayor Ferre: Mr. Gould and Mr. worth and the people that
made the presentation and I see Olympia York is here
contend that it is not. I assume.
Mr. Rodriguez: Right.
Mayor Ferre: Now, I assume you are going to make a
presentation Mr. Colson. Mr. Traurig. No. Mr. Paul, you
_
are going to get involved in this.
(BACKGROUND COMMENT OFF PUBLIC RECORD)
Mayor Ferre: Now, so we really need to continue then to
hear the full issues as to whether or not it's not, it is or
it isn't. Now, let me ask you so I understand. Who
actually has the right to determine whether it is a — —
substantial deviation? This Commission? The South Florida
Planning Board or a court of law? Or all three.
Mr. Rodriguez: There are three steps. The Planning —
Department makes a recommendation to the Planning Advisory
Board and they make a recommendation to you that you —
recommend or find that there has been a substantial
deviation or not. At that point it goes to the South
Florida Regional Planning Council.
Mayor Ferre: If we say there is a substantial deviation
it's got to go to the South Florida Planning Board. What if
we say there isn't a substantial deviation.
Mr. Rodriguez: If you say there is not. Then there is a
i
period of fifteen days in which it can be appealed.
Mayor Ferre: By whom?
Mr. Rodriguez: By the South Florida Regional Planning
Council, the developer or the owner.
Mayor Ferre: The developer? Or the owner of the property
can appeal. If we say there is no substantial deviation,
obviously, the owner and the developer are not going to
appeal. So, the only people that have a right... who has
standing to appeal then? South Florida Planning Council...
adjacent property owners. -
Mr. Rodriguez: That would be a legal question I would
prefer to be answered by...
Mayor Ferre: Lucia, I guess we turn to you.
Ms. Dougherty: No an affected property owner... not an
adjoining property owner, but only the affected property
owner and the South Florida Regional.
+t}'w
gl 103 February 14, 1985
1 0
n
Mayor Ferre: Has a right to appeal. So, if we say the
issue is zoning and density is actually less or whatever and
therefore, there is no substantial deviation, then who can
appeal. Obviously, that's what the owner and the developer
want. Who appeals that?
Ms. Dougherty: It's a forty-five day period in which the
South Florida Regional... the appropriate regional planning
agency, the owner or the developer.
Mayor Ferre: Yes, the owner or the developer. So, then at
that point the only right... I think we went that with Port
Bouganville or somebody as to who had rights to appeal all
that. And I think that was determined by a court as to who
had standing. Ok. Now, if they, the South Florida Planning
Council decide to appeal, who is the appeal before? The
Cabinet?
Ms. Dougherty: The Florida Water and Adjudicatory... Land
and Water Judicatory...
Mayor Ferre: Which is the Cabinet. Ok. The appeal would
got to the Cabinet. It doesn't come back to us and it
doesn't get settled at the South Florida Planning Council.
Thank you for clarifying. I just want to get that in my
mind. Ok.
Mr. Rodriguez: So, what I was trying to do is put on the
record the reasons why we feel there is a substantial
deviation. Now, in relation to Miami Center II, which is
the Dupont Plaza Project area, in Miami Center II the
original proposal had a fifty-nine story office building
eight hundred sixty feet in height with one million seven
hundred thousand plus square foot of office usage. The new
proposal will go from 1.731101 to 1.790388 and increase of
almost sixty thousand square feet.
a -
Mayor Ferre: Sixty thousand square feet.
Mr. Rodriguez: Yes.
Mayor Ferre: Is that you basis for calling it a substantial
deviation?
Mr. Rodriguez: One of the criteria for substantial
deviation is they define in the Statutes what is not a
substantial deviation and they say it will not be a
substantial deviation any increases which are less than five
per cent or ten thousand square feet of non-residential. —
Mayor Ferre: Well, this is less than ten per cent.
Mr. Rodriguez: It's less than five per cent, but it's more
than ten thousand square feet. So, which ever is less...
Mayor Ferre: But isn't there a... Oh, I see.
Mr. Rodriguez: Which ever is less.
Mayor Ferre: In other words the magnitude of the building
has got nothing to do with it. So, it applies the same
whether it's for a three story building where obviously, a
ten thousand square foot deviation is a major deviation.
You are telling me that when you... even though a million
seven hundred ninety thousand square foot building is
involved there is a difference of fifty-nine thousand which
is less than five per cent, but you say because of the
magnitude of it it's a substantial deviation.
iY
gl 104 February 14, 1985
It 9
Mr. Rodriguez: The magnitude will have an effect because of
the five per cent, but also by itself the ten thousand
square feet of increase or more might have an affect. In
additional to that the retail being proposed by them goes
from zero in the original development order, the existing
development order to twenty-three thousand four hundred on
the proposed amendment to the development order. Also, the
retail, the office towers and galleries, they are proposing
to go from one hundred twenty-six thousand nine hundred
three square feet to two hundred forty-eight thousand five
hundred thirty-two square feet with an increase of one
hundred twenty-one thousand six hundred twenty-nine square
feet. In addition to that the retail uses in the garage
mall area, they are being increased from two hundred sixty-
three thousand five hundred twenty to five hundred thirty-
eight thousand five hundred sixty for an increase of two
hundred seventy-five thousand and forty. They also have in
the proposal an exhibition hall that it could be added to
the project if the City were interested at a -rate of ten
dollars a year or something like that which is three
hundred...
Mayor Ferre: The price is right.
Mr. Rodriguez: Yes, that's a good price, if the price is
right on the other conditions. That would constitute an
increase of approximately three hundred sixty thousand
square feet over the previous figure. Because of all of
these things we believe that they will trigger a review by
the South Florida Regional Planning because they constitute
a substantial deviation according to Chapter 300.0617BF of
the Florida Statutes. In addition to that I want to call
your attention that the original proposal in Miami Center II
dealt basically with a condominium tower for residential
uses and now they are proposing an office tower.
Residential uses and office uses have different impacts on
transportation, on the environment and on the infrastructure
and we are not sure of the impact that this would have on
the area. In addition to that they are proposing to close
Southeast 3rd Street to traffic. This proposal which is
part of a study that have been prepared by David Plummer and
Associates at the request of the staff from DDA have not
been recommended by the Dupont Plaza Task Force or reviewed
by the Metropolitan Planning Organization and I understand
has not been endorsed yet by the DDA board either. We
believe that the closing of this street by itself constitute
a substantial deviation. In addition to that there have
been some commitments on roads that the applicant have
fulfilled yet and because of the current rearrangement of
ownership on the property and the unclarity as to who is the
owner, we believe that a transfer of those responsibilities
from one owner to the other might trigger an finding of
substantial deviation, because it's not clear who will do
what. In addition to that there have been... we believe
that the project because of the nature of the uses that have
been proposed and the change of them might create also a
need for pedestrian facilities that were not contemplated
originally. In summary we are not presenting to you or
review or it was not presented before the Planning Advisory
Board for their consideration either whether the project is
a good project for the City of not. This might be the best
project coming to the City following Miami Center I, the
Pavillion Hotel or the other. We though that at this time
you should be following the recgmmendations that we making
that there have been a substantial deviation being proposed
by the amendments of the applicant.
Mayor Ferre: Does that conclude your statement?
Mr. Rodriguez: Yes, sir.
gl 105 February 14, 1985
--------------------------------------------------------
40. ACCEPT RECOMMENDATION OF COOPERS & LYBRAND, CPA FIRM AND
AUTHORIZE DISBURSEMENT OF REMAINING AMOUNT OWED TO
FORMER MANAGER HOWARD V. GARY.
i
------------------------------------------------------------
Mayor Ferre: All right, Mr. Plummer and Mr. Carollo, would
you come back in here because Sharon Brown. Sharon Brown,
of Coopers & Lybrand has to leave by six and I promised her
I would get her up before then on this matter of Howard
Gary's final pay and I apologize. It has nothing to do with
this, but out of courtesy to Ms. Brown. I know she was just
about ready to leave and that we have been putting this off
now for two meetings in a row. We have run out of time.
Commissioner Carollo, Sharon Brown of Coopers & Lybrand who
has been here all afternoon has got to leave by 6 and the
f matter of Howard Gary's severance and final pay is before us
i and was before us before we put it off until the conclusion
3 of the audit and there might be some pertinent questions of
Sharon which need to be discussed. So, I apologize for
interrupting this, but out of courtesy to Ms. Brown. All
right, Mr. Manager, what item number is this?
Mr. Rosencrantz: This is in the Committee of the Whole
Agenda, it is Item "I".
z Mayor Ferre: Item "I". All right, does the administration
have anything you want to say on this?
4'
Mr. Rosencrantz: This audit was performed at the request of the City Commission. It was performed by Coopers & Lybrand. _
Each of you have been given a copy of it. They have
calculated, they have verified the data that the City had
available and have reached the conclusion that we should pay
a certain amount of money as the final severance to the _
former City Manager.
Mayor Ferre: It's on the last page. The amount is forty-six
thousand nine seventy-four. Ms. Brown would you come to the
microphone and answer any questions of members of the
Commission. I will open it up for questions.
Ms. Sharon Brown: Sharon Brown, partner with Coopers V
Lybrand, 2900 Amerifirst Building in Miami.
Mayor Ferre: Questions.
Mr. Carollo: Yes. Sharon can may be you outline for us the _
areas that you found marginal that you had some questions
y on.
Ms. Brown: There are just a few areas that really would
require some judgment probably on your part that we did not
pass judgment on. One of those appears on Page 6 and that -
has to do with the payment of the sick pay when the policy
of the City says that employees with seven or more years of
service who terminate employment with the City under _
honorable conditions shall receive cash payment equal to one _
fourth of their unused accumulated sick pay. We did not
pass judgment on the words "honorable conditions". There _
really was no definition as to what that constituted and
therefore, we feel that that's really up to you.
Mr. Carollo: Now, what you have based this final tabulation -
on has been on the one fourth sick pay. Correct?
gl 106 February 149 1985
_�R_
.0
Ms. Brown: Yes, it has.
Mayor Ferre: Well, Commissioner, I think may be what we
ought to do so we all understand is perhaps go over the
figures so we understand. The total payment is eighty-two
thousand. I think we have to be careful not to be misled by
this forty-six nine seventy-four. The total figure is
eighty-two thousand eight hundred thirty-two dollars. Now,
with the FICA and the FIT withholding and with the pension
trust fund contribution and the life insurance premium
contribution and so on and when you deduct all of all that
what you are left with is a cash payment of forty-six
thousand nine seventy-four, but the cost to the City of
Miami is eighty-two thousand...
Mr. Carollo: Eighty-two thousand, but what we are actually
paying him is forty-six. I understand that.
Mayor Ferre: But we are paying IRS and the others. So,
it's really a payment that costing us eighty-two thousand
dollars...
Mr. Carollo: No, that's understandable Maurice.
Mayor Ferre: ...and it comes from
forty-one
thousand in
accumulated time per payroll records.
Eleven thousand
three
hundred three for accrued vacations,
based upon
eleven full
e
months through December 6, 1984, then
there is
ill time of
four thousand three twenty-eight and
then there
is severance
pay which we agreed to when voted in
that resolution
84-748
of twenty-six thousand seven hundred
fifteen.
That's where
the total eighty-three thousand comes
up.
i
Mr. Carollo: What other areas that
you find
questionable
{
that you do not want to make a decision
on?
t
Ms. Brown: The other has to do with on Page 15. Part o
your original motion discussed the allocation of any time
that might have been spent in bank directorship time or on
committees of the bank and the detailed records that are
available here at the City do not allow for that type of an
analysis and do not indicate that time spent. We have given
you our opinion with respect to regulatory authorities
requiring attendance at a certain number of meetings, but
there really was no documentation as to any time, any number
of hours spent on that particular activity.
Mr. Carollo: There was no documentation as to when he went
in July, I believe, of 1983 to Atlanta to represent the bank
before the FDIC?
Ms. Brown: No, there isn't.
Mr. Carollo: Did you find that at any time during July -if
he took out any vacation time in the month of July of 1983?
Ms. Brown: Let me just check what I have here in the
detail.
Mr. Carollo: So, there is an established fact already that
he went to represent the Sunshine State Bank before the FDIC
in 1983. Excuse me, 1984. I'm sorry.
Mayor Ferre: July of 1984.
Mr. Carollo: Yes, July of 1984. I apologize.
} Ms. Brown: In July of 1984 there is no sick time or
vacation indicated on the records during that time frame.
gl 107 February 14, 1985
Mr. Carollo: Well, Mr. Mayor, it is established on the
record that he went up to Atlanta to represent the Sunshine
State Bank before the FDIC now. To make sure that we have
our dates absolutely correct, I would like to see if I could
go to my office and go over some of the material that was
public information that was printed in one of the local
papers that gave a date to verify that.
Mayor Ferre: Ok, well that means that... Well, are you
going to be able to come back or...
Mr. Carollo: No...
Ms. Brown: I can stay another fifteen minutes. Will that
be enough time?
Mayor Ferre: All right, well, before Commissioner Carollo
does that and I hate to be jumping back and forth on issues
like this, but out of trying to get to the bottom and to the
end of this whole thing, I think we need to do something
like that. Let me ask you this. Did you sit down with Mr.
Gary and go over all this with him?
Ms. Brown: I did not go over this report with him. The
only conversation that I did have with him was respect to -
whether the records... more detailed records than we had
here at the City were available to make any more detailed
calculations and he said there were none.
Mayor Ferre: See, when you and I talked... I went over to
see you earlier this week and we sat down to talk about his
report and go over it carefully, I think a cogent argument =
can be made that a City Manager is not on a time clock in
the same way that someone in the engineering department
might be and that there is compensation for the fact that a _
person in that position works on a Saturday or works at -
night or comes in in different hours and goes out of town on
City business and is working sometimes in the evening. on
City business when he goes out to dinner with people that
are involved and so on. And there is really no record taken of that. What's that called in management terms?
Ms. Brown: That is a job basis employee.
Mayor Ferre: Job basis employee.
Ms. Brown: Job basis, yes.
Mayor Ferre: Now, I think what Commissioner Carollo is -
pointing out however, is different and that is if the man
takes a day off to flight to Atlanta to make a presentation
for a bank that he works for through the board of directors
and he is gone, obviously, the full day if he went to =
Atlanta, then that's a little bit different from taking
three hours off from, you know 2 to 5 on a Wednesday
afternoon once a month where he comes back and so I think
there is a question that comes up in all of that. I don't
know how much that was done or whether it just happened
once, but I understand Commissioner Carollo's question on _
that.
Mr. Carollo: See, the question is Maurice, if the
individual was being paid by the City of Miami for the same
hours that he was being paid by the Sunshine State Bank that
that constitute what is commonly called double dipping.
Now, the date that is in question here is in June of 1983 is
the month. We don't have a date.
Ms. Brown: June of 1983- On the payroll period ending June
11th there was eight hours worth of vacation time used.
gl 108 February 14, 1985 —
It
Mr. Carollo: Ok, may be that's what he used that for, but
we don't have an exact date. I think we should verify the
date.
Mayor Ferre: But if he took... I don't know that it was
June 9th or June 11th, but if he took eight hours of
vacation time, then that's... he went up to Atlanta on that.
Mr. Carollo: Well, you know, if that's the date that he
went to Atlanta that's, you know, justified. He has it
there. There is no problem with that, but I think Maurice
that we have to at least allow to take away from this final
figure for an estimate of the hours that he spent in board
director meetings to that bank while he was being paid for
them. Now, he has refused to provide those records...
Mr. Plummer: If you did that then you got the converse
thing that you got to pay him for the hours that he spent at
night doing city business and I think we would come out
worst.
Mayor Ferre: Yes. See, cause I will tell you if I were him
here is exactly what I would tell you, all right, then you
pay me for the three hundred and twenty days that I worked
in the evening and the fifty saturdays that I worked all day
or the ten... you know, and then how are you going to say
that he did or he didn't work on a Saturday.
Mr. Carollo: Well, he would have to justify it in more than
just saying that he did and furthermore, Mr. Mayor, I think
the issue here is also that this man wasn't just an employee
making twenty thousand dollars on a job basis position.
This is an employee that was making approximately a hundred
eight thousand in salary and probably close to around
another hundred thousand dollars a year in benefits.
Mr. Dawkins: But you know, Mr. Carollo, I agree with you,
but we have got to be realistic in my opinion. Now, during
all three of the civil disturbances, the last one was when
the guy... the drug whatever was shot. There were times
when I was with Howard Gary for twenty hours. So, now that
I can substantiate. There were times when Plummer was with
him for twenty hours, that can be substantiated. So, you
know, I would rather ask you as a Commissioner forget the
petty eight hours. I mean, we have drugged this on. Let's
put it behind us and say that we attempted, which you have,
to justify the City of Miami's expenditures, but... It's
very easy for us to sit here and continue to drag this on,
because right now I'm wondering if since the City of Miami
has not paid him the severance pay, is he still an employee
of the City of Miami. Because technically you have fired
him, you did not give him what was due him. So, now can he
nit pick and say that "hey look, I'm still an employee". I
want to be paid for everyday that you held my severance pay
up and didn't terminate me". Can he say to us that you need
to pay me the lawyer fees because I was an employee of the
City of Miami. So, this could go on and on and I would beg
of you that we just settle this and forget about it.
Mr. Carollo: See, Miller the point is not whether the City
if going to be short for eight hours or whether the City is
going to short changed for the five and half years that he
served on the board of directors of the Sunshine State Bank
and might have gone, parts or all during that time to those
board of directors meetings during City time. So, what that
amounts in hours per months is anybody's guess. Nor are we
" going to count how many hours you spent with him one day or
how many days at a time I never saw him any where near City
Hall. I'm not trying to bring any of that in question.
gl
109 February 14, 1985
i
z
What I am trying to bring to the forefront is that there was
i
definitely some... at least at the least some violations in
the part of Mr. Gary, on really his frankness with this
Commission and it bothers me, it sure is easy to say "well,
let's just pay him off, you know. One time some were saying
a year is what he should have and now it's down to that.
But the bottom line is did Mr. Gary take advantage of the
City of Miami or not and that is my contention in this of
whether he worked more hours one day and then made it up the
next day by not working as much. It might be so, but the
problem is it is not right then nor is it right now for Mr.
Gary or any City employee to--- whether they are on job
basis or not to be paid for the same very time that they
were being paid by the City by another entity. Whether it's
Sunshine State Bank or anyone else. That's the point I'm
a
trying to make.
!
Mr. Dawkins: I agree with you, but did Mr. Gary abuse the
privileges anymore than any other City Manager. See, can
you tell me that the things that Howard Gary did as City
Manager were not done by his previous successors? You see
this was common practice. So, now you...we can't...
Mr. Carollo: It was not common practice, Miller, for
3
previous City Managers to be getting paid by another outside
institution and particularly during time that they were
suppose to be working for the City.
Mr. Dawkins: There has never been a time when a City
Manager went off...
a
Mr. Carollo: Not since I have been here. I never heard of
such thing.
Mr. Dawkins: Well, I mean in the history of the City of
Miami there has never been a time when a City Manager went
away as a consultant and just left as a consultant, got paid
x
a consultant's fee and returned back to the City of Miami.
Are you going to tell me that out off all the City Managers
that they had there has never been a time when a City
y
Manager left here to speak and receive an honorarium.
That's two pays Joe.
Mr. Carollo: I don't know, Miller. Do you know of any?
Mr. Dawkins: No, but I would be willing to bet you a soda
that if I could call Joe Grassie or anybody else that they
could tell me it happened.
Mr. Carollo: Well, I don't know of any. That's why asked
you if you did. May be somebody else does, but since I have
been here I certainly don't know of any Manager that ever
did that, but again, what I'm trying to do it make a point.
In the amount of dollars when you get to these figures -is
not something that's going to be a strain on the City either
way.
Mayor Ferre: Mr. Carollo, I was going to hold up my
statement until after this thing was settle, but I want to
tell you there are a lot of things that have been done that
are wrong. My position in all of this is, the man has been
fired, he is gone. We agreed to pay him his three months.
We said he is going to get what is due to him. I want to
get that behind me and I realize... I think you are right in
the principle of what you are stating and there is... let me
}
tell you more. I guess I may as well say it on the record.
For example, everybody else gets a pension paid into a
pension system. When Joe Grassie came here he asked that
the pension not be the City of Miami's pension but the ICMA
=r
pension. We voted for that and gave him that right. Dick
.y
gl 110 February 14, 1985
4 6
Fosmeon did the same thing. Now, Howard Gary did not do
that. What we were doing with Howard Gary is every month
Mr. Garcia who is back here would have a check for seven
thousand two hundred fifty dollars delivered to Mr. Gary's
bank account at the Sunshine Bank. Now, that's dead wrong
and we shouldn't have done that, but you see, nobody knew
that that was going on and I don't think that we are going
to accomplish anything by getting into that, but now Gary
has got a serious problem because the IRS says that ain't a
pension buddy, you got to pay taxes on that. Now, let me
tell you again, so you understand what the City was doing,
Mr. Garcia, is right back there and I don't blame you Mr.
Garcia, you were instructed by Mr. Gary, you take a check
for seven ---how much was it? Seven hundred... seven
$700.00 every month is deposited in a bank account. Is it
$700.00?
Ms. Brown: There were two. There was the I.C.M.A. plan
which ceased at the time that Mr. Gary became City Manager,
and art that point in time, he became subject to this
special pension trust arrangement. That was roughly 20% to
24% of his salary, so in total, that was over that time
period, was about $72,000.
Mayor Ferre: During this time period $72,000 was deposited
in Mr. Howard Gary's personal account at Sunshine Bank.
That was a special account that he had, but he was the lord
avnd master of that account, so he can withdraw it. It is
not a binding retirement fund. Now, I am not say that ...
that is past history - I'm just saying J. L., and I was
going to wait until this was all over, because I am going to
make a motion that this City Manager and the guy that sits
there in the future, hopefully, whoever the City Manager is,
is not going to take and do that with his pension funds.
The pension fund must be delivered to a bonafide
functioning, on -going pension fund! But, that is not
germane to any of this and I don't think that we can ... I
mean, that is one issue. For example, Mr. Howard Gary went
out - and Ed Cole is a good friend of mine, and yours, J. L.
He convinced Howard Gary to buy a life insurance. We paid a
life insurance policy. The City owns half of it. It has a
cash value. Where is the life insurance policy? It is made
out to him, in his name. The checks were given to him. You
know, it is highly unusual. Now I understand right now that
thing has a cash value. That has never been accounted for.
It is not very much, and I am not going to make an issue out
of it. It is $2, 800 but there it is. Now, here is a life
insurance on a man's life which is not done in a regular,
traditional, up front way that life insurance policies are
brought for city managers. He went out and got his own life
insurance. He did it with a local agent didn't go through
the company. We paid the premium. He owned half of it. Is
it in the City coffers here - no, it is in his own personal
hands! Do we own half of it? Yes! Are we entitled to half
of the cash value? Yes! Are we going to get it? No. Now,
I am not going to make an issue of that. I've told you that
I have already decided not to make an issue out of it,
because of the fact that I don't think it is worth fighting
with Howard Gary over $2,800.
Mr. Dawkins: Well, I am going to make an issue out of it.
If Howard owes the City of Miami $2,800, then that $2,800
share will be deducted form the $46,000.
Mr. Plummer: Half of it.
Mr. Dawkins: Well, whatever the hell it is.
Mayor Ferre: We could spend all day in it.
gl 111 February 14, 1985
0
0
Mr. Dawkins:
No, we
don't
have
to spend
all day on that!
Mayor Ferre:
Miller,
I am
only
half way
through.
Mr. Dawkins: Well, then get through with it, if you come up
with some more that he owes he should pay. You see, I don't
think aspersions should be cast on the man sitting up here
and he owes it and we are going to let him get away with it! P
You see, let's put things on the record - that what we want,
and if it is true, then we are going to get it. If it is
not true, than he can justify it, then we don't want
nothing, but I want to make a motion now - right now, that
if Howard Gary owes a refund to the City of Miami on the
Life Insurance that was jointly owned on his life by the
City of Miami, then Howard Gary reimburse the City of Miami. —
Mayor Ferre: I will accept that for intentions of
discussion, and then I am going to ask ...
Mr. Dawkins: I don't have a second yet.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Sharon, just so we —
understand this very clearly. The life insurance policy,
you will note on the next to the last page you have, where =
it says - there is a deduction.
Ms. Brown: On Page 25, the last forwarded item is this cash
value of life insurance policies and in parenthesis, $2,808.
$2,808 is 50% of the cash surrender value of the life
insurance. —
Mayor Ferre: But ,you see, Commissioner Carollo asked you a
question. He said is there anything in here that you have
that you have doubts about? Now, when you and I went over
this, I asked you what is that $562 that we are paying is
tax. I mean, we are deducting the tax. What is the tax
that we are deducting? Well, in effect, what you are doing
here is, you are allowing him to keep the 50% of the cash
value on this life insurance policy, which is worth $2,808
of the City's monies. Now, so you are assuming that we are
Just going to give that to him.
Ms. Brown: Assuming that that is part of the compensation,
as well as some of the other items that were on here.
Mayor Ferre: Based on what? Based on what - who told you
to do that?
Ms. Brown: The only thing there is that ...
Mayor Ferre: Is that part of the resolution?
Ms. Brown: ... the resolution provided that the insurance
policy ... provided for those particular insurance policies
and they are owned by Mr. Gary.
Mayor Ferre: Who bought the insurance policies? The City
of Miami!
Ms. Brown: The City of Miami paid for them.
Mayor Ferre: Who is the owner of the insurance policies?
Ms. Brown: Mr. Gary.
Mayor Ferre: 100?
gl 112 February 14, 1985
it
Ms. Brown: Yes.
Mayor Ferre: Was that agreed to by this Commission?
Mrs. Dougherty: That was in the resolution that you
approved.
Ms. Brown: The resolution provides that ...
Mayor Ferre: It was in a resolution when we purchased the
insurance, is that what you are telling me, Mrs. Dougherty?
Mrs. Dougherty: Life insurance, yes.
Mayor Ferre: When we agreed to ...
Mrs. Dougherty: It was part of the compensation for Mr.
Gary.
Mayor Ferre:' Then why do we end up being 50% beneficiaries
though?
Ms. Brown: It provided that the City would be a 50%
beneficiary and Mr. Gary's designees were to be a 50%
beneficiary in the event of his death.
Mayor Ferre: Then who owns the value, the residual value,
the cash value of the policy?
Ms. Brown: 50% of the residual value would belong to the
City and 50% of it would belong to Mr. Gary.
Mayor Ferre: So, the $2,800 of cash value that you marked
here is legally and logically, City's money.
Ms. Brown: Yes, if you choose to for that not to be
compensation.
Mayor Ferre: If Mr. Gary is entitled to it, then I
apologize on the record that I misunderstood. Now, I
understand out of this whole thing that that is the City's
funds. Now, Lucia Dougherty said we have passed a
resolution that said it is not the City's funds, it is Mr.
Gary's Funds. Is that what you said?
Mrs. Dougherty: Nov I said that we passed a resolution that
states that as part of his compensation the City would
purchase life insurance with his estate being beneficiary
and the City being half beneficiary.
Mayor Ferre: And yet our auditor tells us that that $2,800
belongs to the City. Now, are you telling me that that is
not so?
Mrs. Dougherty: No, I am not tell you that. I will look at
what ...
Mayor Ferre: Who owns - is there a cash value that the City
has of $29800 in that policy?
Ms. Brown: The way we would interpret it and the way we
interpret it in the report, if these particular policies
were owned by the City, and Mr. Gary was a 50% beneficiary -
his designee, and 50% the City, the way that the arrangement
was structured, the life insurance premiums that were paid
to pay for ... 50% of that coverage was taxable to Mr. Gary
as they were paid by the City, and therefore it is the same
thing as if the City has cut a check to Mr. Gary and being
taxable to him as compensation, and he turning around and
buying the policy himself.
gl 113 February 14, 1985
Mayor Ferre: Ms. Brown, who owns that money? Is it our
money or is it Gary's money? ... the $2,800.
Ms. Brown: Let me explain. Mr. Gary ...
Mayor Ferre: I've got to tell you that when you and I
talked the other day, I asked you ...
Ms. Brown: Mr. Gary owns those policies.
Mayor Ferre: I understand that.
Ms. Brown: He could turn them in and if he turns them in,
he would get $5,600. Since the City was a 50% beneficiary
on it, then if you decide that is not part of his
compensation and you want that money back, then 50% of that
cash value does in fact, belong to the City, and therefore
it should be paid back by Mr. Gary, that is, deducted from
the amount that is taken from him, if that is the posture
that you wish to take.
Mayor Ferre: Okay, you have answered by question. As far
as I am concerned, I want to get this behind me. I am not
going to start quibbling about whether it is our $2,800 or
Gary's $2,800, because that is going to be nothing ... the
thing I am trying to point out is that this thing is just
full of things of that nature.
Mr. Dawkins: I have a question. Mr. Rosencrantz, you were
not here, but perhaps someone on the Commission can tell me,
when Mr. Grassie left here and got his service pay, how much
taxes did he pay, personally?
Mr. Carollo: He didn't get any severance pay.
Mr. Dawkins: Oh, it didn't pay in, so he didn't pay any
taxes.
Mr. Carollo: He did not get any severance pay.
Mayor Ferre: He didn't get any that I remember - severance,
vacation, sick pay, or any other. He just worked to a day
certain and that was it.
Mr. Plummer: There was no provisions for severance pay at
that time.
Mayor Ferre: There was none - absolutely. There is no
question that we voted for a three month's severance pay. I
don't think there is any question about that. That is one
that is absolutely clear as day.
Mr. Plummer: Let me just clear one thing up on the record,
a statement made, Maurice, because I think it needs
correction. If Mr. Gary did not choose to go to the
I.C.M.A. with his pension, he did not choose to take the
money personally, then the City would have had him in the
regular pension fund, is that correct, Mr. Rosencrantz? Is
that correct?
Mr. Rosencrantz: He had the option, our employees would
have the option to join the I. C. M. A. or to join the City
Pension fund.
Mr. Plummer: All right, sir, if in fact ...
Mayor Ferre: Wait, excuse me. He did neither of those.
Mr. Rosencrantz: Yes, because he had a third option.
r:
gl 114 February 14, 1985
A
0 0
Mr. Plummer: All right, he had a third option, is correct.
That was his option. If he chose not to take the last two,
and in fact chose to be in a regular City pension fund, it
is my understanding at the time that that was declared, he
got the same amount of money that the City would have put
into the Pension fund - he got to take and either put it in
one of the other two places. Is that correct?
Mr. Rosencrantz: I understand that to be true.
Mr. Plummer: All right, if Mr. Gary left the City of Miami
and did not have vested rights, what is the policy of this
City?
Mr. Rosencrantz: As it relates to the pension?
Mr. Plummer: Yes.
Mr. Rosencrantz: If you do not have vested rights, your
money is refunded to you, at I think 4% interest.
Mr. Plummer: That is correct, so the $72,000 Mr. Gary
received in hand - for pension, he would have got back from
the City in hand, had he been in the City pension fund, is
that correct?
Mr. Rosencrantz: I think that is correct.
Mr. Plummer: Okay.
Mayor Ferre: Wait a minute. Now let me tell you - I mean,
we could get into this.
Mr. Plummer: Plus 4%. I just wanted to correct it.
Mayor Ferre: We can get into this and it opens up a whole
can of worms! Let me take the next step for you, okay? Not
only was Mr. Gary getting 25% on each dollar that he got in
this fund that he had at the Sunshine Bank, which was a
special account, we were paying the unfunded balance! Okay?
Mr. Plummer: The unfunded balance.
Mayor Ferre: Hold it. Let me finish, let me explain how
that works. Instead of paying ... you say, okay, I want "X"
number of dollars of pension, okay, and how much can we buy
of so much pension. Not only were we buying so much
pension, we also giving him the unfunded portion, which in
effect, since he got direct, he wasn't entitled to. Explain
that, Ms. Brown.
Mr. Rosencrantz: Excuse me, Mr. Mayor. Let me correct
something with Commissioner Plummer. In the pension system,
the employee only receives back his direct contribution. He
would not have received back any contribution made to that
pension system on behalf of the City. His typical
contribution to the City Pension System would have been 8%
of his salary.
Mayor Ferre: Absolutely. He would have never gotten 25%.
There is no way in God's world that you could legally,
ethically, morally, or in any other way, justify the payment
to the former City Manager, of 25% of his salary, which
amounts to $72,0000 in cash payment, in a special bank
account, for the unfunded liability which he was not
entitled to! So, he would have gotten back his 8%, but he
wouldn't have gotten 25%. What Mr. Gary was doing, was not
only was he being paid whatever he got paid, he was getting
an extra 25%, in effect, which was a cash payment. If he
a
gl 115 February 14, 1985
I
had done it either through the I.C.M.A., the City of Miami
Pension or any pension plan, it would not have cost the
taxpayers 25%• Again, having said all that, I think it is
time to settle this, get it behind us, but I want to tell
you, as soon as we vote on this, I want to pass a
resolution - no more! No more City Managers can do that.
Mr. Carollo: Mr. Mayor, I am glad that you so eloquently
brought all these facts out that I was going to.
Mayor Ferre: Oh, I am sorry.
Mr. Carollo: No, no, I am glad you did. You did it very
eloquently. I compliment you on it. In fact ...
Mr. Plummer: Careful.
Mr. Carollo: If I could ... somehow I knew that once you
got into it, you would bring some of these facts out. I
just wouldn't be the only one, but if I can ask Ms. Brown
any additional areas of concerns that she might have as she
went through her report.
Ms. Brown: Well, I have already mentioned the one about the
sick pay.
Mr. Carollo: Okay, now, as far as vacation time, did you
find any irregularities there on vacation time in any
particular year, he seemed to have taken very, very few
hours of vacation time?
Ms. Brown: The vacation time itself, I believe we have a
comment on that - the vacation time itself was generally in
blocks of time - it was 40 hours at a time or 120 hours at a
time, but there was not vacation taken, you know, of that
amount of time in every year.
Mr. Carollo: When you say it was taken ..
Ms. Brown: Did you want to know how much was taken in any
particular year, or ...?
Mr. Carollo: I didn't understand what you stated - I didn't
quite hear you. You say it was taken in blocks of time?
Ms. Brown: Are you interested in knowing the blocks of time
and when it was taken?
Mr. Carollo: You can go over it for the record.
Ms. Brown: I just didn't understand your question. For
example, in 1983, there was 124 hours of vacation time taken
in a block of time. I take that back. That was sick time.
In 1982, there was vacation time of about 60 hours in• a
block of time; another 40 hours in a block of time. There
was 140 hours worth of vacation time taken in 1982. In 1983
there were 22 hours.
Mr. Carollo: 22 hours of vacation time.
Ms. Brown: Yes.
Mr. Carollo: How many in sick time?
Ms. Brown: In 1984, 91 hours.
Mr. Carollo: Anything else you think you should bring up to
the Commission?
gl 116 February 14, 1985
0 9
Ms. Brown: No, as I mentioned in the report with respect to
the sick time - there were large blocks of sick time, which
we found evidence that they were during periods of
hospitalization, or for which there were medical claims
available. So the patterns of time are as indicated in the
report. Does that satisfy you on that particular question?
Ms. Carollo: Yes, if you are reading to us, when you have
your records, that is all we want. I just want to make sure
you satisfy any questions that you had in your mind, that
you had placed in the report you made to us.
Ms. Brown: The whole question that brought up before, of
the job basis employee provides that really there is no
mechanism for the City Manager to report any time in excess
of eight hours today, so there really is no accumulation at
that time required in the City records at all, so for any
other time would be marked either sick time, vacation time.
It would be out of the office time or it would be marked as
in office time. All of the records indicated no more than
an 8 hour day, which is the normal way in which the City
records are kept for an individual who is the job basis
employee, and that is basically the reason why we simply
left it to your option as to how you wish to treat any time
that you all individually were publicly aware of, that was
spent at other things.
Mr. Carollo: The only area that I would like to address to
you now is the IRS. Are there any areas that might be left
open, whereas Mr. Gary might not have paid taxes on that the
City might be construed as being liable for if taxes were
not paid for a particular amount of dollars.
Ms. Brown: As best we can determine, the major items there
that would provide the exposure to the City, really has to
do with the life insurance premiums and the Pension Trust
Fund, the Pension Trust Fund being the largest, and there
are I.R.S. regulations that do make provisions for the
employer when they discover that that has been the case, to
go ahead and fill out the corrected forms, remit the money
to I.R.S., and then no longer be liable for those particular
taxes.
Mr. Carollo: And you have calculated this in the final
payment to the I.R.S. then.
Ms. Brown: Yes, that is basically on the last page on Page
25. The amounts are shown that would be taken from the
normal payment to be made now, and also the adjustments for
the prior year's withholding, which is the $16,500, which
would be remitted to I.R.S. The only other item in here had
to do with the release of the I.C.M.A. fund and as we
mentioned, it is unclear from the Charter as to whether
funds are to be released from the I.C.M.A. fund, but we have
found patterns where it typically is done for employees and
it appears that the Charter simply has not been updated for
the changes in the I.R.S. requirements surrounding the
deferred compensation plan, which, in the interim, since
that provision was enacted, does provide under certain
circumstances for emergencies withdrawals from the funds as
long as the appropriate taxes are paid. So that is why we
did propose that you withhold the money, the I.C.M.A. monies
due Mr. Gary.
Mr. Carollo: Any further questions from any member of the
Commission?
Mr. Plummer: I guess the question I have to ask - you know,
we selected an outside independent audit to do this, and not
do it in house. I guess, Sharon, the question has to be
gl 117 February 14, 1985
asked, in your best estimation, for everything that you had -
available to go through, is it your recommendation that this -
City pay to Mr. Gary the $469974?
Ms. Brown: Yes, It is.
Mr. Plummer: Thank you.
Mayor Ferre: Further discussion? Is there a motion? Do
you withdraw the previous motion or do you want us to vote
on it or what? All right, is there a motion now that the
recommendation of Coopers & Lybrand ...
Mr. Dawkins: Yes, I make a motion that since we paid to
have an audit done, the firm that did the audit comes back
and recommends that Mr. Gary be paid this, I make a motion
that we follow the recommendations of the paid consultant.
1 -
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-107 -_
A MOTION ACCEPTING THE RECOMMENDATIONS
MADE BY THE FIRM OF COOPERS & LYBRAND, -
C.P.A.'S, WHICH FIRM HAS JUST COMPLETED
AN ANALYSIS AND AN AUDIT IN CONNECTION
WITH FUNDS OWNED TO FORMER CITY MANAGER
HOWARD V. GARY; FURTHER AUTHORIZING THE
CITY MANAGER TO DISBURSE THE REMAINING
AMOUNT OWNED Mr. GARY OF $461974. _
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.
Mayor Maurice A. Ferre
NOES: Vice -Mayor Joe Carollo
ABSENT: None.
ON ROLL CALL:
_
Mr. Carollo: While I think that the consultants did a good
professional job based on the information that they had _
available to them, I think that there are definitely some
very major gaps and information that unfortunately she did -
not have available to her; as such she stated here. You
were able to work based on only the information that was
provided to you. If there would have been additional
information that you had, of course, you would have been
able to have worked with that, but as you stated to us in
_
the beginning, it would have taken a lot more of your time, _
therefore a lot more of our dollars to go into this any more
thoroughly than we had. At the same time I think there are
points that we brought out here, that are
-
including the $2,800 of City's monies that Mr. Gary has no
intention, now, or in the future, returning to the City of
Miami. Those $2,800 are City taxpayer's monies and I cannot
in good conscience vote for this whole package, so long as
there is even a small, minimum amount of monies that the —
9
City of Miami taxpayers are not receiving and which are not
_A
ld 118 February 14, 1985
being deducted from the final amount to Mr. Gary. For the
record, also, Mr. Mayor, I never voted for the three month's
severance pay. Unfortunately, I was not here at the time.
I think you all know where I was at the time, so I was never
part of that agreement, even though I would abide by what a
majority of the members of the Commission committed the City
to, but for those reasons and many others that would take us
another hour or so to get into, I cannot vote for this in
good conscience.
Mayor Ferre: I am voting with the motion, but let me _
explain my vote. If anybody knows the heaviness of the
price of having voted to fire Howard Gary, it is me. If the
vote were before me today, I would do it again. Now, that
is not what is here. What is here before us is the question
of paying a roan what is due to him in severance. No -
question that he is due a severance pay. We voted on it.
That $46,000 is his due. For us to start equivocating and
fighting with and quibbling, rightfully so or not, in my
opinion is just to bleed and make that wound bleed
additionally. I don't think it serves the well being of _
this community. You know, in my opinion, Howard Gary was
costing us a heck of a lot more than $46,974 every month -
that went by and you know, it is all part of the past. I
know that $2,800 is a lot of money, but I think we have -
learned a lesson, it is part of the past and I think we need
to move along to another chapter and therefore I vote yes. -
------------------------------------------------------------
41,. POLICY & INSTRUCTION TO CITY ATTORNEY REGARDING PENSION
PLANS, INSURANCE POLICIES, ETC. COVERING CONDUCT OF
FUTURE CITY MANAGERS, INCLUDING COMBINING VACATION WITH
CITY PAID OFFICIAL TRIPS.
Mayor Ferre: Now, Mr. Vice -Mayor, I would like to pass the
gavel to you and I would like for you to recognize me for
the purpose of making the following motion.
Mr. Carollo: Certainly Mr. Mayor - go ahead.
Mayor Ferre: I would like to move this Commission, that we
so instruct the City Attorney and the City Administration to
memorialize this in an ordinance so that it is the law of
the City that no City Manager in the future can have a
private pension plan of his own, that if the City taxpayers
are to pay for his pension, it will be a recognized bonafide
existing pension that exists either in the City of Miami,
and other governmental entities, or a professional
association such as the International Association of City
Managers and that there will be no exceptions to that unless
it is brought to the Commission for full discussion and
disclosure. Furthermore, we will not make any cash payments
into a bank account to that end and if there is any
deviation, that it should be just for the amount that that
person can claim back from the City of Miami Pension Fund,
if he were paying - in other words, so that we don't get
into another one of these 25% operations like we had with
Howard Gary. Secondly, with regards to life insurance, that
if the City is in any way a beneficiary of that life
insurance, that it so be clearly stated and that the _
ownership of that policy be proportionately to that benefit
in the City's hands and let the City be the custodians of
that life insurance policy and not the City Manager.
Thirdly, and I am sorry to bring this out and I didn't, in
the interest of not further exacerbating it, perhaps I need
to explain this. You will note just about every case when
ld 119 February 14, 1985
Mr. Howard Gary went out of town on City business, he would
i take a vacation a day or two ahead and a day or two later.
It is also in the record, as you will see if you go through
it that many of the times that Mr. Gary got sick, he would
take a vacation leave for two or three days before he got
sick. Then he would get sick and then he would take two or
three vacation days after he got sick. Now, the pattern of
that is, as you will see in a year's working time, that Mr.
a Gary would be absent for a week or two weeks, some of which
he was sick, some of which he was working for the City, some
of which he would take vacation pay. Therefore, my third
point is this, it is the intention of this Commission that a
City Manager work for the 2,000 hours a year that the
3 Manager is supposed to work and that no Manager should take
vacation pay in conjunction with sick leave (T A P E 14)
3 or trips on City business, or trips that he is allowed under
the regular type of operation, without the expressed consent
of the Commission, after it has been made public information
? and properly posted more than once, or if you will, Mr.
Manager, you can look at what other cities do, twice. I
I don't mind you tying into Thanksgiving and taking a working
trip to Washington and go off to Baltimore for Thanksgiving
_ # and then take one or two vacations days after that - tie it
' all together for a nice little eight or nine days away from -
City Hall. I think it is wrong to do that more than once or
twice a year. Mr. Gary did that every month, or every other
month. There were times when Mr. Gary ... there was not
once full cycle of the month that Mr. Gary did not get sick,
s take vacation time, make a City trip on City business and —
not somehow tie them together where he was gone for a period
of a week or ten days and I think that is something that
frankly occurred. We all knew it was going on for a long
while. The press never quite picked it up, even though the
press was kind of conscious that those things were
happening, but it is really my intention to avoid this from _
happening in the future by any City Manager, so those are
the three points. Now, are they clear, Madam City Attorney?
Are they clear, Mr. City Manager, as to what I am asking you
to memorialize and work with?
Mr. Rosencrantz: Yes, I think I understand.
Mayor Ferre: Is there any area that I have forgotten, that
r I have not caught? ... pensions, vacations and life —
insurance. Sharon, is there anything I have forgotten in
this motion? —
Ms. Brown: I would suggest the Section 40.229 and 40.230.
They have to do basically with what was intended to be the
z I.C.M.A. plan and also the City Manager's pension plan, that
they just be reviewed for their continued applicability.
They probably do not reflect the situation as it exists. -
Mayor Ferre: I would put that in as a fourth point of .my
motion and I so move. -
Mr. Carollo: There is a motion. Is there a second?
Mr. Plummer: Second. —
Mr. Carollo: There is a second by Commissioner Plummer.
Any further discussion? Hearing none, can you call the
ld 120 February 14, 1985 -
roll, Mr. Clerk?
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 85-108
f
A MOTION INSTRUCTING THE CITY ATTORNEY TO
PREPARE THE NECESSARY ORDINANCE FOR ADOPTION
AT A FUTURE COMMISSION MEETING ENCOMPASSING
THE POLICY OF THE CITY COMMISSION AS
FOLLOWS: (1) THAT NO FUTURE CITY MANAGER _
WILL BE ALLOWED TO HAVE A PRIVATE PENSION
PLAN; (2) THAT WHATEVER PENSION PLAN HE HAS
SHALL BE A BONAFIDE PLAN SUCH AS THE
I.C.M.A., NO EXCEPTIONS; (3) FURTHER
DECLARING THE POLICY OF THE CITY THAT NO
CASH PAYMENTS WILL EVER BE MADE TO ANY
PRIVATE MANAGER'S BANK ACCOUNT FOR HIS
PENSION; (4) THAT IN CONNECTION WITH LIFE
INSURANCE POLICIES, IF THE CITY IS THE
BENEFICIARY THE POLICY SHOULD CLEARLY SO
STATE, AND IT SHOULD FURTHER STIPULATE THAT
THE CITY IS THE OWNER AND THE CUSTODIAN OF
SUCH POLICY; (5) FURTHER EXPRESSING THE
POLICY OF THE CITY COMMISSION THAT NO FUTURE
MANAGER SHALL TAKE VACATION IN CONJUNCTION
WITH SICK LEAVE ATTACHED TO OFFICIAL TRIPS
PAID FOR BY AND AT CITY EXPENSE MORE THAN
ONCE OR TWICE A YEAR WITHOUT PROPER
PERMISSION FROM THE CITY COMMISSION; (6)
FURTHER DIRECTING THE CITY MANAGER TO MAKE
SURE THAT SECTIONS 40.229 AND 40.230 OF THE
CITY CODE WHICH WERE INTENDED TO ENCOMPASS _
THE I.C.M.A. PLAN (AND ALSO THE CITY
MANAGER'S PENSION PLAN) BE REVIEWED FOR
THEIR CONTINUED APPLICABILITY SINCE THEY
PROBABLY DO NOT REFLECT THE EXISTING
SITUATION.
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
42. LONG DISCUSSION AND CONTINUANCE OF CONSIDERATION OF
EXTENDING BALL POINT (MIAMI CENTER) I DEVELOPMENT ORDER.
Mayor Ferre: We are now back into the main issue that we
interrupted before, which is Item 47. We have concluded
with the Administration's statement and now we will now hear
first from Mr. Gould and Olympia York and Worth, or whoever
it is that is going to speak to us on behalf of the
developer for the property owners, and so on.
Mr. Theodore Gould: My name is Theodore Gould and I
represent both the Miami Center Limited Partnership and also
the Miami Center Joint Venture. I've sent a letter to each
of the Commissioners and you, Mr. Mayor, concerning the
ld 121 February 14, 1985
definition of substantial deviation. The issue is very
simple. The question is whether substantial deviation
represents an increase in the adverse environmental impact
associated with the proposed plan. The issues raised by the
Planning Department concerning ownership of the property,
concerning density and other related rated issues have =
nothing to do with the question of substantial deviation.
I would like, if possible, to resolve all of the problems
that have existed for the past four years between the City -
Administration and either myself, or the Miami Center Joint
Venture. That is the purpose of submitting these amended
development orders. The amended development orders are
based upon a traffic plan that represents a revision of the
southern portion of the bifurcation scheme. The so-called
approved bifurcation scheme has never been submitted to the
City Commission for approval It was prepared by the
engineers of the State Transportation Department and
represents a significant divergence from the plan was
submitted to the City Commission and was approved by the —
City Commission and approved by myself as the managing joint -
venture partner of the Miami Center Joint Venture. Now, you
! have had an opportunity to review Mr. Plummer's plan. To my _
knowledge with the exception perhaps of Southeast Financial
Center, there is general support for the revision. It is
i clearly significant improvement over the design proposed by
the engineers for the State, particularly with respect to
the southern portion of the connector. I would like to
discuss this from the factual point of view. You have -
raised some issues concerning the process. If the City
Commission finds that this is not a substantial deviation
and it is my understanding that the South Florida Regional
Planning Council will have 45 days to appeal the issue and
if they do appeal, the appeal will be before the Cabinet.
On the other hand, if the City Commission finds it is a
substantial deviation, the developers, whether it is Worth,
or Miami Center Joint Venture, or the the Miami Center -
Limited Partnership, will have to submit revised studies of -
Development of Regional Impact - the South Florida Regional
Planning Council. Those studies will take months and cost
substantial amounts of money and neither Olympia York nor I _
y are prepared to do that, Mr. Mayor. Olympia York and I
right now are in complete agreement and this is an opportune
time to resolve these problems, Mr. Mayor. In addition, it
is my understanding what Mr. Paul will express his position
for the Dupont -Plaza Hotel that Mr. Gould then who is the
owner of the Dupont -Plaza Hotel, and Mr. Paul and Skip
Sheppard will not approve, and in fact will oppose the
proposed plan submitted by the State Department of
Transportation. On the other hand, they have approved the
revised plan that is proposed by David Plummer. That is
exactly what is before you. The issue is whether or not —
this is a substantial deviation. The only issue concerning
substantial deviation is the traffic impact. Exhibit 2 of
David Plummer's traffic analysis demonstrates that there
isn't!. If you accept David Plummer's analysis, then there
is no substantial deviation. You can vote that there is a
substantial deviation and the South Florida Regional -
Planning Counsel will have to review the proposed revisions
to determine whether or not they agree. If they do agree
with you, then they will not appeal your conclusions. If
they don't, they will appeal and we will have to go before _
the Cabinet and resolve the issue, but that can be done in a
much shorter period of time. That is my full statement.
Thank you, very much.
Mayor Ferre: All right, do you want to respond to that now,
and you want to wait until the rest of them have ...
Mr. Sergio Rodriguez: It is up to you. If you prefer to
clarify each as they come.
ld 122 February 14, 1985
7 �k
0 0
Mayor Ferre: Yes, It think we ought to get ... Mr. Gould,
is there anybody else in your group, of Mr. Worth, or
members of the Olympia -York family that wish to make any
kind of a statement with regarding any of this? Mr. Henry,
I think we need to get it on the record. We need your name
for the record.
Mr. Henry: Mr. Henry, Olympia -York. The only statement I
would make is that we are in support of the application as
made by our joint venture partner.
Mayor Ferre: Thank you, sir. All right now, it is your
turn to answer and then I will get to the other side.
Mr. Plummer: Then I want to ask the Assistant Attorney to
also ...
Mr. Sergio Rodriguez: Mr. Gould referred to a traffic plan.
The traffic plan he is referring to is a study which is not
part of the application. The study was mentioned. For that
reason we put it in the record after the Planning Advisory
Board. The Planning Advisory Board did review the study;
for that reason it is now part of the review and
recommendations that they have made. That traffic plan has
not been reviewed by the Dupont -Plaza Task Force, or by the
Metropolitan planning organization, so it doesn't have any
standing. In relation to the bifurcated scheme that he
referred to, it was approved in the original development
order and it also has the support of the Dupont -Plaza Task
Force.
Mr. Gould: Let's resolve these statements because it is
difficult for me. I don't have a lot of patience. The last
page of the resolution before you in 'each case, right? ...
shows the design of the revised portion of the bifurcation
scheme. The revised plan is part of the resolution that has
been submitted to you. That is the first point. The second
point is that the original bifurcation system as submitted
to you and is part of the development order is not the so-
called approved plan. If the City Commission approves these
resolution, in effect it is also saying that it is prepared
to adopted the bifurcated scheme as proposed by David
Plummer. It is then up to the Dupont -Plaza Task Force to
determine whether or not it wants to also support it.
Mayor Ferre: Mr. Gould, with all due respects to you, I
think you are complicating matters, because I think - I
think, without having heard all of the arguments on it, you
have got a pretty good cogent argument about the fact that
there really is no substantial deviation as far as
numerically on the size of one project vs. the other. There
probably could be an argument as to the impact that that
could have, because of the fact that one is an apartment a.nd
the other is an office complex, but when you start getting
into this area of saying that a vote for this is also a
blanket approval of the David Plummer proposal for the
bifurcated plan, this Commission hasn't heard that! This
Commission hasn't seen that plan. This Commission hasn't
discussed it. There has been no public discussion of that.
How can this Commission approve - what you are saying is you
don't want us to approve this tonight.
Mr. Gould: No, Mr. Mayor, the degree of discussion
concerning the original design of the bifurcation theme, was
no greater, right? than the degree of discussion that is
occurring right now. In fact, the way that it was done, in
the City Commission's point of view is to be submitted as
part of our development order - a proposed design for the
bifurcation system. That is what we are doing now. You may
ld 123 February 14, 1985
0
0
reach the conclusion that this is not a substantial
deviation and ask Dupont -Plaza Task Force to review Mr.
Plummer's design to determine whether it is feasible.
Mayor Ferre: But that is something that we are going to
discuss in the future with a public hearing, legally and
properly advertised and with a full pledged presentation by
Mr. Plummer, by Mr. Bisylinger-Hoch and all these
engineering firms that we have available; by the City and
the County staff; by the attorneys for all these property
owners and that is a matter that is yet to come before us.
What we are dealing with today is whether "yes" or "no" the
amendment of paragraphs 1, 3 and 11 of exhibit "A",
resolution 79-396 of May 24, 1979, which is Miami Center I,
Ball Point, is "yes" or "no", a substantial deviation.
Mr. Gould: You are right. That is the issue before you.
Mayor Ferre: The only issue before us. All right, now we
go on to Mr. Colson, Mr. Paul, Mr. Traurig and others.
Mr. Bill Colson: If it pleases the Commission, my name is
Bill Colson, Concord Building, Miami. I am an attorney for
Gerald Hines and Southeast Bank. We are here tonight to
support the staff and to urge that you vote that this is a
substantial deviation and that it should be thoroughly
studied by everybody in question, and I would to give you,
and limit my remarks only to the subject of substantial
deviation. I think it is very important that you allow me
to take just a few minutes. We are not, at this moment,
asking or suggesting that the project, which had been
proposed as two new office towers at Ball Point and turning
office towers more in on Dupont -Plaza. The merits of that,
per se, are not the issue that I am addressing here. It
might very well be an excellent project. Likewise, the new
proposed traffic pattern for Dupont -Plaza is not on its
merit being here, but I want to tell you what is here. What
'• I necessarily as a lawyer, must respectfully object, for the
record, to the fact that last Wednesday, literally seven
days ago, that this resolution which has been advertised to
r go through the Planning Advisory Board was amended to
include a brand new subject that you have read about in the
newspapers - seven days ago. Seven days ago, in front of
the D.D.A., Mr. Roy Kenzie, with David Plummer presented for
discussion only, not with the approval of the D.D.A. Board,
but for discussion only, a brand new plan that is a major
change a very significant change of the entire bifurcated
system. Literally that was presented to this community
seven days ago. That is the first time that it was public,
so for that reason, I respectfully object to the notice it
has been given to this, as to the advertising that has been
given and all of the processes that have not been properly
followed and for that reason I would assure you that there
would be many, many members of the public that would be here
if they realized the proposal that had been brought up. The
second thing is that you should know that a week ago
tonight, the Planning Advisory Board, did meet, and they
were handed this packet as you have been handed this packet
of two new proposals. The City Attorney's office very
correctly said the only issue is substantial deviation. The
City staff very correctly, we agree with Mr. Rodriguez, said
that this is substantial deviation and members of your staff
say that it is a substantial deviation. We also agree that
in the Florida statutes when you to definitions, that there
are ways that you can determine that something is not a
deviation and those statutes, Florida Statutes 380 suggest
or state that if there is a 5% deviation in the use of
commercial space - anything less than 5%, it will be
presumed that it is not. So, when we turn to the figures,
which I will in ,just a second, I will assure you I will show
ld 124 February 14, 1985
0
figures that are not 5% or 10%, but that are 300%. It will
just take a minute to listen to these figures. The task
force of the Dupont -Plaza tract is a group of people that
have been meeting for 3 years to study the traffic of
Dupont -Plaza and what it best for it, including a bifurcated
system. There has been approved by that task force, through
the State it has been approved that a recommended bifurcated
system take place. That was partly in this proposal, but
that has been totally changed. Last Wednesday, seven days
ago, when this new proposal for traffic was presented, I
asked the question of Mr. Gould - "Mr. Gould, aren't you
going to allow the Dupont -Plaza Task Force to look at this
before you take it to the City Commission?" and his answer
was "No, I am going to take it tonight to the Planning
Advisory Board ...", and by the way I want to stop and say
here, the Planning Advisory Board voted last week 6 to 0
unanimously to follow the staff and to recommend that this
is a substantial deviation that must be studied by the
normal processes of government that apply to everybody, so
he decided not to go to that - not to go to the Dupont -Plaza
Task Force. It is not been mentioned here, but I have
spoken to the South Florida Regional Planning Council Staff
and I have asked them, do they have any definition that
suggests that this is not a substantial deviation. The
South Florida Regional Planning Staff allowed me to say, and
I talked to Mr. McManus and his staff, it said that he could
state that they absolutely feel that this is a substantial
deviation and if this Commission, and I am sure that it will
not, I hope, vote that' it would not, that they wouldn't
necessarily recommend it to their board to take any appeal,
but if there is no question that this is a substantial
deviation. There is one part of this traffic plan that is
in here about closing S. E. 3rd Street that affects us very
definitely and is what you will think of the four blocks of
Dupont Plaza. There are two arteries that go through
there - right through the middle of the heart, those
arteries through the heart. There has been a proposal that
he would like to make some retail and to close to the public
one of those streets between the two garages - and to close
that. This Commission, all of you, voted unanimously when
it was here a few months ago not to do that. It was a
recommendation of your staff, you all voted unanimously not
to do that. That is contained, despite your vote, in this
new packet that is here. The other thing that has happened
is that the public owns it - it is being asked to take away
from the public and without a public hearing here tonight
and he says that is what he is asking you to do. There
hasn't been anything done by the Dupont -Plaza Task Force and
let me take just a moment to tell you - you have three
members from the City, at least, that are on the Dupont
Plaza Task Force.
Mayor Ferre: You haven't told them what the issue is. You
started out, and then you went off on a tangent.
Mr. Colson: I am on substantial deviation, whether or not
. . .
Mayor Ferre: You just started out - this was the latest
phrase -
Mr. Colson: Yes.
Mayor Ferre: I think there is a public right that is being
..
Mr. Colson: I am talking about that one block. The public
has owned it since it was - I think it was somebody - you
know it was 100 years ago and there is a suggestion that
tonight by approving this you would be closing 3rd Street
ld 125 February 14, 1985
0
between where he proposes to build two garages and I don't
mean the air rights, but we would be voting to close it.
Mr. Gould: Let's not misconstrue what I said.
Mr. Colson: I would respectfully ask for my time.
Mr. Gould: No, wait a second. Wait a second!
Mayor Ferre: Mr. Gould please, let me run the meeting. Mr.
Gould, please, let Mr. Colson finish and then I will
recognize you and then you can make your statement. Go -
ahead.
Mr. Colson: All right, my statement is to say that the
public is not here because it has not been advertised and
they have not been notified. I can also take your time to
j tell you that he made a statement "Well, a lot of people are
for this". I can tell you again that we have letters from
Alan Morse - we have people, this affects all of Flagler
Street. It affects owners of the Downtown Merchant's
Associations through many consultations with us. They are
1 absolutely opposed to this. There is a committee that James
Beasley had that was to look into all of this, and they are
opposed it. Now, being specific about substantial
deviations. First, there is Ball Point. In that, Mr.
Mayor, you asked the question of Mr. Rodriguez at a time —
when he was on a particular subject and he gave you an
i answer back of about 60,000 square feet and that is when he
was telling you about 5%. I think it was the timing that
neither of you made a mistake, but I want to make sure that —
it is clear to you that these two phase have fallen more
than any 60,000 square feet on these two phases. On the
{ first phase it takes Miami Center I, on Ball Point and it -
says that under the present development order that Mr. Gould
has for that property, there is 800,000 square feet and
fi under the new proposal, that there will be 2,600,000 square
feet of official space - 2,600,000, which means 1,800,000.
That is up at the Barry College. I will just take two more =
j figures, I won't go over each one of them. In retail, where
there was plus 2009 it is down ... there is just 200 square
feet, I am all for retail, but I can suggest that there is a
lot of traffic impact, but there is 200,000 square feet just
in retail. If you go to the new buildings that are being
proposed, what this equals is the Southeast Building is 55
stories and 1,200,000 square feet. They are proposing =
1,800,000 additional to what already they have in Ballpoint.
In stories, they are proposing a 49 and 61 foot tower. Now,
I am not against tall buildings, but I do suggest to you _
that that does add up in the height footage of 726 more feet
on top These number of stories are equivalent of two
h Southeast Bank buildings. To suggest that that is not a -
substantial deviation is absolutely making a mockery out of
' a law that says this - the law of our state says that if you —
propose to go in and build 300,000 square feet, we, the
State of Florida, have passed the Florida statute that says
we want to look at the environmental impact. We want to
know about all of the effects of what he will do with the
environment, with utilities, with the emergency passing,
with traffic, with water, with sewage. If the intent of the
Florida Legislature is to have 300,000 square feet, and you _
have got over 2,000,000 and it is just on Ball Point - to
suggest that you are just suppose to do that tonight and not
allow it to be studied, is I think making a mockery of the
law and he says "Well let them appeal". Well, Mr. Gould, it
is not quicker. We found that out when we got our
development order and Mr. Gould tried, and the neighbors, to
appeal your order. He appealed against the City of Miami
and took this to Tallahassee. We were up there for many, _
many, many months, and at a great deal of expense. On the
ld 126 February 149 1985
0
subject of the garage in Center II. Now I am coming over to
the other three blocks. First of all, on Ball Point, when
you take and switch condominiums, of two condominiums, that
were the last thing that he asked for, and you take two
condominiums and switch those to two office towers, I would
respectfully suggest that it doesn't take a genius to know
that the traffic is far more if you put a whole bunch of
people on one office floor, than it is if it is a
condominium. It might be a ratio of five to one. The same
thing is happening where there was one condominium, now it
is going over to the other two blocks - three blocks.
Again, the condominiums, which everyone wanted downtown
living space, they switched to an office. and again there is
a 200,000 square foot retail increase. There are, without
my taking the time to tell you, five significant errors that
are in the application. The application itself - I just
don't want to take the time, but they are significant - it
is the bifurcated things that are attached, drawings that
are attached in here to his application and this is reason
alone that you should just deny this tonight, but these are
applications that are in these drawings that are attached in
here on Page two of seven. It shows in here that the ramps
of the bifurcated end up on a plan that is absolutely
totally at fault because it shows the bifurcated ramps
ending to the west of 3rd Avenue. Now, there is only one
person that has ever wanted to do that and it is none of the
governmental units that have to build and pay for this, but,
it is Mr. Gould, and that is in here and it is attached to
this. There are many others that are technical, but I want —
to make my objections to those here. The third street
closure, I would have to tell you that although Mr. Gould
has agreed to this publicly, he asking you to approve that
there is to be an immediate proceedings to give him 3rd
Street before he will ever sign something to allow the
bifurcated to be built. In other words, it is take it or
leave it - you don't get my signature unless you go close
3rd Street first, and that is the proposal that is in here! -
Well, I would tell you that in here there is no provision =
that if you did that tonight, that even though, if you went
through the proceedings, he could then say, and I am sure he
wouldn't, but nevertheless, it is not in this legal
document, and he would close it immediately and you would
have the same thing in perpetuity that you have here today
because they are building the people mover and they are
going to open it up someday. To suggest that we should
bring in millions more of square footage into these four
blocks and then close one of the streets to help his retail
space again is a ludicrous proposition to make. I can tell
you that there is nothing in here because your professional
staff hasn't had a chance, but there are utilities under
these blocks. There are utilities under the new place that -
he wants to go and those utilities are of many governmental —
agencies, just like the Dupont Plaza Task Force is not only
the City, but of the County and of the State and they have
not been studied. I can tell you they are there and there
are a lot of objections to allowing him to have the private
ownership of 3rd Street. I can tell you that the subject of
emergency vehicles has not been studied. Now, and above
everything else, there has been no traffic study made, so
that where you are being asked not to worry about weaving,
not to worry about stop -lights, just expedite because he is
in a hurry and seven days ago he said "I've got a new idea.
I am for this, I want to take it and get the City Commission
to approve it". We respectfully suggest that this is a
substantial deviation.
Mayor Ferre: Thank you. I was going to say don't overkill.
All right.
ld 127 February 140 1985
0 0
Mr. Plummer: I've got to ask a question about the flaws,
Mr. Colson. Did Janet Cooper research that for you?
Mayor Ferre: All right, Mr. Paul.
Mr. Dan Paul: Mr. Mayor, my name is Dan Paul, with offices
at 100 South Biscayne Boulevard and I represent the Dupont -
Plaza Hotel and I only thing I wish to speak to - I am not
involved in the substantial deviation issue, is only in
support of the new plan for the bifurcated plan, which is
attached as an exhibit to the amendment to ...
Mayor Ferre: Mr. Paul, that is not before you.
Mr. Paul: But before you, and if you pass the order in the
sense that the plan is there. I want to say that I think
that is a very great improvement over the original plan and
the Dupont -Plaza is 100% in favor of the new plan with three
exceptions which may be only because the plan isn't
completely drawn. One, the pedestrian bridge that has been
in the development order since the beginning from Mr.
Gould's development is not shown on the revised Plummer
drawings. I want to be sure that would remain in the
original development order. Two, we want to be sure that
when the drawing gets approved, that provision is made so
f that there can be a ramp at some future date built directly
into the Dupont Plaza Hotel from the down ramp. That is for
everybody's benefit and the owner of the Dupont -Plaza would
have to pay for it, and three, the owner wants the right to
incorporate the down ramp in any new structures so that the
building facade would be in front of the ramp and it would —
be hidden as opposed to having this very high second story
ramp which would completely obscure the facade of the hotel.
The original bifurcated plan, if it were attempted to be _
implemented, Mr. Gould is correct, it would completely shut
off the Dupont -Plaza Hotel and the owner would have no other
i
alternative but to litigate in order to protect his property
a entrance. One final point - it has nothing to do with the
Dupont Plaza, but in the original agreement, and I think it
ought to be in the development order, and that is a
provision that the developer will pay for and construct the
improvements contemplated by the Nuguchi Plan in the south
end of the park. Thank you.
Mayor Ferre: Any other speakers? (INAUDIBLE)
Mr. Gould: I just want to put this in perspective since Mr.
Colson is so concerned about the density related to the _
southeast building. The southeast block is 105,000 square
feet. The adjacent land which is represented by the worth
program program is 131,000 square feet. the issue of
substantial deviation is not related to zoning issues
concerning uses and my understanding is that the applicable
zoning is for 30 times land mass, so the only issue here -is
the traffic implications of the new proposed program and
they appear to be satisfied. Now, one more thing. We are
not asking you at this time to close third street. We do _
recognize that the study has to be completed. We also
recognize that we would have to submit a plat to close 3rd
Street. In addition to that, we are not asking for it to be
closed for private purposes. We are proposing that half of
it ought to be closed as a public concourse.
Mayor Ferre: Any other statements? All right, questions
from members of the Commission. Statements by members of
the Commission? I will make a statement. Mr. Gould, I
have nothing but the very, very highest admiration for your
vision, your courage, your tenacity, your toughness, your
ability to plow through and get things done. I've met few
people that have as much power as a human being as you do.
y
ld 128 February 14, 1985
' Olympia -York is one of the giants. There is nobody that has
done more in less time than this unbelievable company. They are just unreal, the things that they take one, what they
accomplish. Mr. Worth is relatively new, but he has a good
record in San Francisco, in Puerto Rico and other places
where he has worked. I happen to think the design that Mrt.
Worth is proposing in the project is fantastic. I am not j—
worried about it sinking into the Bay. If Manhattan can
survive with buildings ten times the size of what Mr. Worth
is proposing, one next to the other, certainly this is not
going to sink downtown Miami. I think it is exciting, I
think it is great. I am in full support of it. On the
other hand, to say that this project which is going to be an
additional ... I can't read that darn thing up there, but it
is evidently - how many in the office, two million? —
Mr. Rodriguez: The Miami Center I is an original 1.8 -
million square feet of office - the Miami Center I.
" s
Mayor Ferre: Where does that say that up there?
' (INAUDIBLE BACKGROUND COMMENTS)
1
Mayor Ferre: What?
Mr. Walter Pierce: The chart that is up there now is Miami —
Center II. He is putting up Miami Center I now.
j Mayor Ferre: Okay, so you are talking about a two and one-
half million square foot office building, which is a
' building of 1.8 million additional office. Just the
magnitude of the cars coming in and out of that. That is a
building 50% larger than S. E. Bank and you could see from the Bahamas and from Key West and from all over the place. _
It is just the magnitude of cars coming and out of that. I
am a member of the Southeast Regional Planning Council. I
know the way Mr. Barry Peterson functions and thinks and I
a know Sharon Dodrow functions and staff there. Even if this
Commission were to say that there is no substantial change,
there is just no way in God's World that that Southeast
Regional Planning Staff would ever say that this is not a
substantial change. You have got the staff saying it is a
substantial change - the Planning Board voted 6 - 0, so it
is a substantial change. Even if we were to vote 5 - 0 that
it is not a substantial change. You know, a rose is a rose
is a rose and I don't think that a building of this
magnitude can be concluded as being anything but a
substantial change. Now, I am sorry, I wish I didn't have
to vote that way. I wish that I could vote that it isn't,
so that we can expedite, move along, and not cause a lot of —
problems and I am one person out of five here, but I will do -
anything that I can to short cut, to expedite, to have
— public hearings, to move this forward to help and ask —
Southeast Bank, the Gerald Hines interest, and the investors
in these properties to help us expedite this matter so that we can get through quickly, but for me to sit here and vote _
that this is not a substantial change'. I mean, I couldn't do
that, in all good conscience. That is one man's opinion.
Mr. Carollo: Mr. Mayor, I think, as I see it, I think
probably the majority of us here are in favor of substantial
— growth in that area. I don't think it really scares most of —
us on this Commission. On the contrary, I feel like with
other major downtowns of major cities around the country,
downtown Miami is so very, very small. It needs to do a
heck of a lot growing, growing that this City needs more
than ever now for tax revenues. Those are dollars that we
need very badly. and that is the only way that we are going
to ... the campaign speech, the Mayor says - that is really
the only way that we are going to get substantial additional
ld 129 February 14, 1985
0 0
tax revenues for the City without having to go through the
average homeowner. The problem that I see with this - and a
substantial change, I think we all know what is before us,
and I frankly don't mind voting for something, because
really, one man's opinion of substantial change might be the
difference to another and vice -versa, and I am not going to
put Mr. Gould in a position where I am going to make a
statement that can be taken later on that "He made such a
statement and then voted it one way or another", but the
only concern that I have - I could vote for the change of
1,800,000 additional square feet. That doesn't disturb me,
the heights of those buildings. In fact, I would like to see
additional growth like that in downtown Miami. The problem
that I have with that area is the traffic situation. That
is not resolved yet and unless I see a concrete plan that
everybody is willing to sign off at, I am really concerned.
Right now you through that area. It takes you at times 15
minutes just to go around. Many times instead of getting
off at Biscayne Boulevard downtown, I go all the way around
to the N. E. 2nd Avenue I-95 exit to Biscayne and go around
the other way, so that is the problem that I have. If that
would be growth, the more the merrier. I think that area
could handle it and I think once it is all finished, it is
going to look pretty good. That is the proper place to have
it though, downtown, but I am really concerned with the
traffic flow and I need to see some direct concrete solution
from the traffic problems before I can go ahead and vote for
a change such as this, almost 2,000,000 additional square
feet of space.
Mayor Ferre: Let's see if we can find some kind of a
compromise on this and I am just thinking out loud. You
know, poor Kenny Triester - we turned down his project
because he wanted to add 100 apartments in Coconut Grove and
we turned it down because of traffic, and really, that is
the only reason I voted against it. Anyway, I was one of
the people that voted against it and here is something that
is going to be 2,500,000 square feet, which is really going
to have an impact. Perhaps the middle ground, and Mr.
Gould, and Mr. Henry, I am trying to see if there is a
middle ground. Suppose we postpone or vote on this until we
have a full fledged public presentation on the main issue
before us, which is whether or not the bifurcated proposal,
that David Plummer and all these government entities had
come up with, will work, because that really is the key
issue, isn't it, Sergio? Isn't the real issue on
substantial deviation the tremendous traffic impact?
Mr. Rodriguez: That is the most important issue that we
could see.
Mayor Ferre: I mean, there are others, I know. There is
' going to be affluence, and the sewers will be different and
the construction site, but you know, those things are
really - that is not the real ... the big main, overriding
issue, to me is not the size or the magnitude of the
project. I welcome that, myself. It is the traffic impact
and whether or not the streets will be able to handle it and
we have a proposal to do that with the bifurcated plan. I
don't know that it will or it won't. That is really not
within my expertise or anybody else in this room that I know
of. I think that is something that we need to have
professionals look at, so the question is this. What we
have before us is a resolution amending Paragraph one and so
on and so forth for the Miami Center I project. Isn't the
thing to do ... if we are interested in expediting this to
help these people move along. Before we come to a
conclusion, isn't better for us to continue this item, not
vote on it, and then bring before us at the next, whenever
we get around to it, all the different public issues that
ld
130
February 14, 1985
0
need to be discussed. At that time then, we can talk about
ingress, egress. We can talk about impact. We can talk
about the various things. It may not be at the next month
or two or three, because we have to get substantial
engineering design, and impact studies made. I am trying to
look for a middle ground.
Mr. Rodriguez: I sympathize with you. Actually, we have
been asking them, the Applicant, to apply formally, and to
submit to us this November...
Mayor Ferre: To apply formally for what?
Mr. Rodriguez: For the amendment to the development order
and to submit officially, formally, the studies that we need
to review them, so that we can make a finding and we haven't
gotten into that. The thing I want to make you aware of is
that the development order from Miami Center II will expire
April 25th.
Mayor Ferre: Unless we extend it.
Mr. Rodriguez: Unless you extend it.
Mayor Ferre: But see, the point I am trying to make to you
is instead of going through one year and through a long
complicated process, if in effect, what we do is continue
this thing tonight, have them come up with all of the
explanations on traffic and other issues, have this made
public with plenty of time for Southeast, Hines and others
to have this thing properly studied and looked at by their
engineers and then whenever everybody is ready to have a
discussion on it, then have a fulled fledged public hearing
on the issue.
Mr. Rodriguez: My concern with the proposal is that
regardless of that, if because of the threshold identified i
the statutes, even if we were to go through all the
procedures, that will take a while, anyhow, what you
suggested - you know. There was to be an increase that the
South Florida Regional Planning Council might consider...
Mayor Ferre: Well no, that was my next proposal. My next
proposal is that you, Mr. Gould or his representative, and
Gerald Hines interests and the Southeast Florida people, and
their interests and their representatives and other property
owners get together and discuss with the Southeast Planning
Staff what it is that they would want done so that we can -
my interest in this is the short out. If we turn it down or
if we don't turn it down, and then the staff at Southeast or
the Florida Planning Council say that this is, and then we
go through that whole process and it has to go through to
the Cabinet, it becomes a way long winded, complicated,
legal harangue that will take a year to solve. What I •am
trying to say is let's not do that. Let's not get into that
because that too, because then we are going to get into a
whirlwind of activity, which is in nobody's interest, so we
short cut. So we short out it by sitting down with Barry
Peterson, and seeing what it is that they want, what are the
requirements that they have and then letting the private
sector people who are affected by it say "Well, we want this
and this and this". And they, letting them address the
issue and then coming to a public hearing.
Mr. Dawkins: Mr. Mayor, I too feel that downtown needs
developing. I too feel that if we don't develop it, we will
not increase the tax base. When you increase the tax base
to the point that it causes your other supportive services
to break down and not function, then you are not really
helping yourself. The other thing, I would be remiss if I
9
would sit here and not point out is in your generosity and
in your kindness, in an effort to get this resolved, you
seem to forget the many times that you have sat down with
Mr. Gould in trying to get him to give in on the right-of-
way for the people mover. You see, Mr. Gould never gives, _
but he takes. So I wish, as you be generous, don't you
j
forget that Mr. Gould is the same roan who refuses to sit
a
down and give when it is to our benefit, but this Commission '
usually gives for his benefit. I'm sorry, the Mayor has
correct me - it is not the people mover, but the ramp that
I
we need the right-of-way for that he continues not to
cooperate with.
i
Mayor Ferre: Yes, sir, Mr. Colson.
Mr. Colson: Only on the issue of postponement. We would be
-
glad to cooperate. There has been many requests on this
subject to be postponed here. We have always said yes.
Every time he wants this development order extended, we say
yes. We are for downtown development of that.
Mayor Ferre: It is in your best interest.
i
_
Mr. Colson: Absolutely.
Mayor Ferre: I understand that your client also ...
Mr. Colson: It makes all the sense in the world for that.
Mayor Ferre: 060 your client wants to make sure that it is
the kind of development and growth that will be compatible
in the sense that it will help ...
Mr. Colson: These are fine people that are talking about _
doing it. There is no question about this, but the
practical matter that you had, if you ask your City staff to
just talk to Barry Peterson at the Regional Planning Council
and to look at the traffic studies and what he wants.
a
Unless your staff is going to put up some money or unless
Mr. Gould wants to put up a lot of money, the only people
that have got the facility to study and study it quick and
_
if the only subject that was set, if you find that there is
a substantial deviation and there is just an amendment, he
can go out there to study the subject of traffic They have =
got the money. If you send him back to the South Florida
—
Regional Planning Council of which you are a member ...
Mayor Ferre: They don't have the money Bill! What are you
talking about?
r
='
Mr. Colson: Well, they made the study. They have to under
the law. See, they can require it from the developer and
when they finish with it, they say - this has to be -done!
Mayor Ferre: I tell you, because I vote on their budget -
they have a very tight, small budget.
Mr. Colson: We are doing so good, that is my point - is the
Dupont -Plaza Task Force doesn't have any money. Your staff
doesn't have any money, and it has got to be, Mr. Gould is —
going to have to put up some money to get the thing done.
_
Mayor Ferre: Mr. Colson, all I am saying is this. One,
_
rather than deny this tonight, which either kills the
project, or it will delay it to such an extent that it is
going to be a very expensive proposition. What I would
rather do is postpone the decision tonight, give them an
opportunity to give them - City of Miami staff an
opportunity to sit down with Peterson and their staff, alone
without all you guys. Let's see if they can come to some
ld 132 February 14, 1985
1
i
kind of a conclusion on their own. Once they have come to
i
an agreement, if they do, and then call all of you into the
room, and then not come to a decision and explain to you
what they have agreed on, if they have come to an agreement,
then let you have a week to think about it and come back
again and then if we can come to an agreement then we can
come back here and say okay, here is what we have all come
to an agreement on and perhaps he can proceed from there!
Now, is that acceptable to you, Sergio?
Mr. Rodriguez: In my opinion you are mistake by trying to
help and you might be hurting them because I think you are
j
delaying the process that they naturally have to follow.
Mayor Ferre: Yes, but see, what may happen, according to
I
what Mr. Wood said, it is just a limitation and in theory
—
you are right, but what is going to happen is you are going
to kill the project so it doesn't make any difference
anyway! What I am trying to do is try not to kill the
project. Now, Bill, is this acceptable to you and to your —
clients?
5
!
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: But the answer is then yes?
—
Mr. Colson: Yes ...(INAUDIBLE)
Mayor Ferre: Okay, Mr.' Paul, you have no objection? All
right, Mr. Gould?
Mr. Gould: In view of the studies that have been done to
the South Florida Regional Planning Council and we will
i
discuss it with them. _
i
Mr. Plummer: The Administration has a problem.
Mr. Carollo: I will be willing to make the motion for
deferral. I think it is the only logical solution to this.
Mayor Ferre: That was not the question that I asked, Mr.
Gould. I don't mind you answering whatever questions you
want, but that is not what I asked.
Mr. Gould: We, we ... all right, to defer the decision, we
'
will work with the City's Planning Department and the South _
Florida Regional Planning Council. We will review the
revised bifurcation system. We will not submit new studies.
Mayor Ferre: I understand. Well, that is something new you
will have to look at, Sergio, with Peterson, and you say
"Well, we need new studies" or "That is not enough" or "This
is what we need to be happy". I don't know what ...
Mr. Rodriguez: We are saying it now.
_
Mayor Ferre: You are saying it now?
Mr. Rodriguez: That is right. Mr. Mayor ....
Mayor Ferre: Wait a minute! What is it you are saying now?
You need more what?
Mr. Rodriguez: What we are saying now is that the study
_
conducted by Plummer didn't have enough information to make
a finding and that is why we could not discuss the issue
today on the merits.
Mayor Ferre: Can you delete what information that it is —
that you do need?
1d Fehruary 14. 1 09i _
0
Mr. Rodriguez: We can sit down and tell the consultant what
they have to do first.
Mayor Ferre: And could you sit down with Mr. Plummer and
say, "For us to be satisfied; we need 10 pages of drawings
on this. We need to see 10 cross sections. We want to have
a count of cars and vehicles coming across at 5:00 o'clock
in the morning, and whatever? Can you tell them what it is
that you want?
Mr. Rodriguez: We can tell them if the person who pays Mr.
Plummer will agree to do that.
Mayor Ferre: Well, we are not there yet. All I am saying
is, can you tell them what it is that you want?
Mr. Rodriguez: Oh, yes.
Mayor Ferre: And then, Mr. Gould and his associates can
decide whether or not they are willing to submit that. If
they are not willing to submit that, then all we are going
to do is postpone this to the next meeting. If by that time
Mr. Gould's says "I won't pay for what you want done", that
is the end of it; and so let's hope that you in the next 30
days can work this out between Peterson, and then Mr. Gould
and then the property owners and then back again and back to
the City. All right, based on that, is there a motion
incorporates all of that?
Mr. Carollo: There is a motion to defer this, Mr. Mayor. I
thin it is the only reasonable solution to take today.
Mayor Ferre: Is there a second?
Mr. Plummer: To a date specific?
Mayor Ferre: Further discussion? Continue, I am sorry.
Continue.
Mr. Rodriguez: Continue to what date?
Mayor Ferre: To a date specific is the next meeting, which
is March 28th. Can you do it by ...
Mr. Carollo: March 14th; right?
Mr. Rosencrantz: The next meeting is February 28th.
Mayor Ferre: Can you do it by February 28th?
Mr. Rodriguez: We can try.
Mayor Ferre: Let me put it to you this way. Try by February
28th. If not, March 14th, okay? Further discussion? Call
ld 134 February 149 1985
arr
the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-109
A MOTION TO CONTINUE AGENDA ITEM 47 OF !=
TODAY'S AGENDA FOR CONSIDERATION OF AN
AMENDMENT TO PARAGRAPHS 19 3 AND 11 OF
R-79-396 CONCERNING BALL POINT (MIAMI
CENTER I) DEVELOPMENT ORDER TO FEBRUARY
28TH, FOR THE PURPOSE OF HOLDING A
MEETING BETWEEN MEMBERS OF THE CITY'S
PLANNING DEPARTMENT, THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL, AND ALL OTHER
INTERESTED PARTIES IN AN ATTEMPT TO FIND
A SOLUTION TO BUILDING AREAS OF CONCERN;
FURTHER PROVIDING THAT IF THESE MATTERS
CANNOT BE RESOLVED IN TIME, THEN THIS
MATTER SHALL BE PLACED ON THE AGENDA FOR
THE MEETING OF MARCH 14, 1985.
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: We are on Item 48. The Planning Department
and P.A.B. find that amendments to the development order
constitute a substantial change. Is that ...
Mr. Rodriguez: This is the same item. It is Miami Center
ItGno
Mayor Ferre: So, Carollo moves and Plummer seconds that
Item 48 be continued under the same conditions as 47. Call
the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-110
A MOTION TO DEFER CONSIDERATION OF
PROPOSED AMENDMENTS TO PARAGRAPHS 1,
13(b), 14(a), 15(a), 15(b) AND 269 AND
FIGURE 3 MODIFIED RECOMMENDED HIGHWAY
SYSTEM AND SCHEMATIC DRAWINGS EXHIBIT =
"A", R-81-840, FOR THE PURPOSE OF
HOLDING A MEETING BETWEEN MEMBERS OF THE
CITY'S PLANNING DEPARTMENT, THE SOUTH
FLORIDA REGIONAL PLANNING COUNCIL, AND
ALL OTHER INTERESTED PARTIES IN AN
ATTEMPT TO FIND A SOLUTION TO BUILDING
AREAS OF CONCERN; FURTHER PROVIDING THAT
IF THESE MATTERS CANNOT BE RESOLVED IN
TIME, THEN THIS MATTER SHALL BE PLACED
ON THE AGENDA FOR THE MEETING OF MARCH
14, 1985.
ld 135 February 14, 1985
f
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.
----------------------------------------------------------------
43. AppraM ISSUANCE OF $20,000,000 INDUSTRIAL REVENUE; ULVVL yMU't0
BONDS 1200 SPACE PAFKING GARAGE ADJAMM TO BAYSIDE SPEC%ALii
CENTER
------------------------------------------------------------
Mayor Ferre: We are now on Item 49, which is also a public
hearing a new item 49 has been passed around. It is a
resolution including issuance of special development bonds
for $20,0000000 for the 1,200 space parking garages. Are
there any objectors to that here? Okay, questions from the
Commission.
Mr. Plummer: Question, was that the original intent of this
City would issue bonds? What is the cost of the structure
as proposed?
Ms. Miriam Maer: I believe right now it is an $18,000,000
plus cost. We are getting authorization to issue up to
$20,000,000 and we will modify it when we have a better idea
of the cost. I'd like to point out that it is important to
note that it is not just for the parking garage. This is a
request for the Commission to approve the issuance of
I.D.B.'s for the construction of the parking garage
containing not less than 1,200 spaces, but in addition, the
surface parking lot ...
Mr. Plummer: That is included in here.
Ms. Maer: Okay, thank you. And at this time also, I would
like to introduce to the Commission Mr. Paul Goldberg who is
here representing Bond Council for Sparber & Shevin.
Mr. Plummer: No, no. Let me tell you what my problem is.
3 If this building is going to be built from bonds, who is
going to pay the bonds?
Ms. Maer: They are industrial development bonds. The City
issues them and they are the responsibility and the
liability of the company, which in this case is the
developer, Miami Rouse, Inc.
Mr. Plummer: But is Miami Bay side, are they going to pay
j the $20,000,000 back?
Ms. Maer: Through the bond proceeds, yes.
Mayor Ferre: Sure, they own it.
Ms. Maer: It is their parking garage.
Mayor Ferre: It is their garage!
Mr. Plummer: Well, it doesn't say that in here!
ld 136 February 14, 1985
7
F�
Mr. Rosencrantz: Commissioner Plummer, it is important to
understand that these are industrial development bonds.
They are not the full faith and credit of the City and the
City is simply a conduit so that the issuer can get the tax
benefit that would accrue to them because the bonds are
considered as tax exempt.
Mr. Plummer: How will they be paid back?
Ms. Maer: Through the revenues produced through the parking
garage and ...
Mr. Plummer: Over what period of time?
Ms. Maer: I am not sure that we have all of those terms
worked out as of present. We will be coming back to this
Commission for approval of a bond resolution either at the
next Commission meeting, or the first one in March. This is
a requirement set forth in the Federal Tax Act of 1982,
which requires a public hearing for approval of the
issuance. I would like to remind you that if you approved
substantially this exact resolution in October of 1984. The
only changes were a problem with the name at time, of the
limited partnership. It turned out to be unavailable in
Maryland, so we needed to come back to you for that and also
to clarify the project so everyone would be aware that the
description was the 1,200 car parking garage and the surface
parking lot.
Mr. Plummer: Miriam, I've got a problem here with the
wording: "To be owned by Bayside Center Limited
Partnership, of which Rouse Miami, Inc. is the general
partner and here is where I've got the problem - or, may
have a controlling interest, or any other entity in which
Rouse of Miami, Inc. has or may have a controlling
interest."
Mayor Ferre: That is for depreciation purposes tasex.
Mr. Plummer: It doesn't say that.
Mayor Ferre: You know what they are going to do - they are
going to syndicate it and sell it.
Ms. Maer: That is correct.
Mr. Plummer: But Maurice, it doesn't say here who they can
turn that over to without our approval.
Mayor Ferre: They can turn it over to a hundred investors
who are looking for tax write offs and they get up getting
the depreciation and the tax investment credit.
Mr. Plummer: Fine, that's great, but who do we look to if
Rouse doesn't make it and these bonds aren't paid? If they
have turned it over to some other company they've had a
controlling interest in ...
Mayor Ferre: They're going to own it.
Mr. Plummer: No, it says here they may ...
Mayor Ferre: The bond holders cannot come after the City.
Mr. Rosencrantz: They are not City bonds.
Mayor Ferre: They are not City bonds, they are Industrial
Revenue Bonds.
ld 137 Feb" a 14 1 8
u ry 1 7 5
Mr. Rosencrantz: And they are in effect Rouse Company
bonds.
Mr. Plummer: But we are backing them.
Ms. Maer: No, the City is not backing them in any way
whatsoever.
Mayor Ferre: See, look, you didn't explain that.
Mr. Rosencrantz: Okay.
Mayor Ferre: Commissioner Plummer is properly and
rightfully confused, I am too.
Mr. Rosencrantz: They are Industrial Development Bonds,
they are not full faith and credit of the City. The City's
role in that is simply to provide a conduit so that the
developer on this side or whoever the case may be on this
side can issue tax exempt bonds using the City's tax exempt
authority to a lender over here. The relationship is
between the borrower and the lender, it is between Rouse and
whoever buys these bonds. It will be the Rouse Company or
their successors who will have full responsibility to pay
off these bonds. If they do not pay those bonds off, it is
not a responsibility of the City. The City has no role in
that whatsoever. Our role as an entity is very very
limited. Our role is limited to the fact that the pass
through the City to meet certain federal requirements so
that they achieve a tax exempt status which gets them a
better interest rate.
Mr. Plummer: What about where it exists on City property?
That structure which the bonds will be sold for exists on
City owned property.
Ms. Maer: That is true, that is pursuant to the lease
agreement and all of the terms and requirements and
obligations on the Bayside Center Limited Partnership set
out in the lease agreement still apply. This is totally
consistent with the lease agreement.
Mr. Plummer: You're satisfied?
Mr. Rosencrantz: Yes.
Mayor Ferre: Are we ready now?
Mr. Plummer: I guess.
Mayor Ferre: All right, who makes the motion on 49 as =
ld 138 February 14, 1985
0
11
amended?
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-111
A RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS IN AN
AMOUNT NOT TO EXCEED $20,000,0OO FOR THE
CONSTRUCTION OF A NOT LESS THAN 1200 SPACE
PARKING GARAGE AND A SURFACT PARKING LOT, TO
BE OWNED BY BAYSIDE CENTER LIMITED
PARTNERSHIP, OF WHICH ROUSE-MIAMI, INC. IS
THE GENERAL PARTNER, OR ANY OTHER ENTITY IN
WHICH ROUSE-MIAMI, INC. HAS OR MAY HAVE A
CONTROLLING INTEREST, AND TO BE MANAGED BY
1 THE CITY OF MIAMI DEPARTMENT OF OFF-STREET
PARKING, AS PART OF THE BAYSIDE SPECIALTY
CENTER TO BE LOCATED ON CITY -OWNED PROPERTY
ADJACENT TO MIAMARINA AND GENERALLY BOUNDED
} BY BISCAYNE BOULEVARD ON THE WEST, PORT
BOULEVARD ON THE NORTH, INCLUDING PROPERTY
LOCATED UNDERNEATH PORT BOULEVARD, BISCAYNE
BAY ON THE EAST AND BAYFRONT PARK ON THE
SOUTH.
(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.
44. REMOVE FIRM OF BROWN, WOOD, IVY, MITCHELL & PETTY (NEW
YORK) AS 3RD BOND COUNSEL IN CONNECTION WITH ISSUANCE OF
$2090009'000 INDUSTRIAL. DEVELOPMENT BONDS FOR BAYSIDE
SPECIALTY CENTER GARAGE.
------------------------------------------------------------
Mr. Rosencrantz: While we're on this item could I bring up
another item?
Mayor Ferre: Sure.
Mr. Rosencrantz: Somehow, through the process, we have
ended up with three different bond counsels on this
particular issue.
Mayor Ferre: Well, I'll tell you you're not going to get me
to unravel that mess for you.
Mr. Plummer: What are you looking for, a fourth?
Mr. Rosencrantz: No. I really think it is only necessary
to have a bond counsel and a co -bond counsel and I really
don't think it is necessary to have the firm of Brown Wood
and Ivey involved in this particular transaction. Brown
Wood and Ivey usually serves the City as our bond counsel on
r-
ld 139 February 14, 1985
General Obligation Bonds which are sold on the New York
market. I'm not sure exactly why they were involved in this
particular transaction, but their presence is not needed.
Mayor Ferre: Is that your personal opinion or are you
telling us as City Manager?
Mr. Rosencrantz: As City Manager, yes.
i
i
Mayor Ferre: Lucia, what is your opinion?
Mrs. Dougherty: My only opinion is it would certainly save
money if we don't have a third bond counsel and the project
! would, therefore, have more money to use and also we've, the
J Manager's recommendation is supported by letters from both
the Parking Authority and also Rouse themselves.
Mayor Ferre: Well, what does it require; a motion?
Mrs. Dougherty: Yes, sir.
Mayor Ferre: I'll vote with you.
i
Mr. Plummer: Well who are we eliminating?
Mayor Ferre: Brown, Wood and Ivey.
Mr. Plummer: All right, then we're down to two. Why do we
need two?
Mayor Ferre: No, you need two because one is the local and
the other one ...
Mrs. Dougherty: Well, we wouldn't necessarily need two
except that was the commitment we had originally made that
they would serve as co -counsel together.
Mayor Ferre: You're talking about governor what's his
name's law firm - Oliver ...
Mrs. Dougherty: Bryant, Miller and Oliver in concert with
Sparber Shevin. And that was the bid that the Parking
Authority had originally agreed to.
Mayor Ferre: It's Sparber Shevin and Bryant, Miller and
Oliver are certainly qualified to handle this and Rouse, is
rouse Okay on this, Lucia?
Mr. Rosencrantz: Yes.
Mayor Ferre: Wait a minute, Randy, I want to make sure.
Lucia, into the record, is the Rouse Company Okay on this?
They have no objection?
Mrs. Dougherty: There is a letter from Rouse Company
supporting this.
Mayor Ferre: Would you give it to me, please, for the
record? Or read it into the record. I won't read it, but
would you say that this letter dated February 13th to
Gilchrist from James F. Douche states that ... well, here,
you tell us what it states, put it into the record.
Mrs. Dougherty: It essentially says that it supports the
City Manager's recommendation to eliminate one of the bond
counsels for efficiency and it has several reasons » (1) the
remaining bond counsel firms are sufficient in number and
expertise, the cost will be reduced, the transaction as a
single facility revenue bond financing not involving the
Id 140 February 14, 1985
a
City's credit and, therefore, making unnecessary the
participation of the City's usual firm and the fewer counsel
involved the less and the more expeditious the closing would
be.
Mayor Ferre: Okay. Is there a motion? It has been moved
and seconded. Further discussion? Call the roll, please.
Hold on. The motion is to remove Brown Wood and Ivey as
counsel on this 1200 space garage and to stay with Sparber
Shevin and Bryant Miller and Oliver. Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-112
A MOTION TO REMOVE THE FIRM OF BROWN, WOOD,
IVY, MITCHELL & PETTY (OF NEW YORK) AS THE
THIRD BOND COUNSEL IN CONNECTION WITH THE
PROPOSED $20,000,000 ISSUANCE OF I.D.B.'S
FOR THE CONSTRUCTION OF NOT LESS THAN 1,200
SPACE PARKING GARAGE; AND RETAINING THE FIRM
OF SPARBER, SHEVIN AND BRYANT, MILLER, ET.
AL. AS BOND COUNSEL AND CO -BOND COUNSEL FOR
SAID I.B.D.'S ISSUE.
Upon being seconded by Commissioner Carollo, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
45. PERSONAL APPEARANCE: ANNE MARIE ADKER REGARDING
PROBLEMS IN OVER?OWN.
------------------------------------------------------------
Mayor Ferre: Item 50, Anne Marie Adker.
Ms. Anne Marie Adker: I'm Anne Marie Adker, 407 N.W. 5th
Street, Miami. In no way would I like to take the seven
items that I have given you as all of the concerns of
instances in Overtown, but it is of great importance that we
discuss these items that I have written down here and it is
imperative that I get an answer to them because of different
things that are going on in Overtown. We have a young
faction there that seem to be getting out of hand because
they don't know and haven't seen what is happening with
Overtown. You would note that the first item is the
question about the Overtown Advisory Board. We are
interested in what would happen to this Board once
redevelopment of the four block area has gotten under way
and finished. Since this Board has been the monitoring
mechanism for the redevelopment area, we have been getting
all the problems in Overtown from tenant/landlord to
whatever. I would like to see this Commission give that
Overtown Advisory Board more authority to monitor Overtown
as a whole. I'd like that commitment in writing. Let's
talk about the Overtown Park West administration. As you
know, when it was put together under Mr. Herb Bailey, it was
housed at 275 N.W. 2nd Street. Now, it is housed at the 100
Tower, West Flagler Street which is not accessible to the
ld
141
February
14,
1985
j�
residents concerned with the Overtown Park West
Redevelopment Area. I would like to know from the Mayor and
the Commissioners why was that office moved. Do you have an
answer? —
I
Mayor Ferre: Mr. Manager, the question is, and you may have to ask somebody else: Why did ... Oh, there is Mr. Bailey
F
right there. Mr. Bailey, why did you move out of Overtown?
Mr. Herb Bailey: Mr. Mayor and members of the Commission,
the relocation of our office actually is not really a re-
location, it is a location of the office. Since I came to
j Miami and the project staff was put together, we were just
borrowing space from other people. My very first office was
downtown with the Downtown Development Authority and it was -
1 there for the first six months along with what staff I had
i at that time. It just so happened, and unfortunately the
Downtown Development Authority did not have enough space to
accommodate the full compliment of our staff. We asked the —
1 Manager and got permission to borrow some space from the
Planning Department because at that time the Planning
I Department did have some vacant space. That also was to be
1 a temporary measure until we could find enough space to
house our staff adequately so that we could better serve
j both communities. Now, bear in mind that the project area
does stretch from N.W. 5th Street, Biscayne Boulevard to
N.W. 3rd Avenue over to I-395 so we do encompass a community
that includes Overtown and a substantial part of a downtown -_
community. The reason that we moved was that we finally did
find some vacant space for which the City had under lease
and was not using and was not being occupied and we simply
just moved into space that was available. It was also
necessary for us to relinquish the space that we were —
borrowing because the Planning Department had an increase in
the staff was going to need the space. So we haven't —
relocated, we just found a place to go.
Mr. Dawkins: Mr. Bailey, I think I need a clarification.
Ms. Adker: Very much so.
;= Mr. Dawkins: What do you mean by serve the two communities?
I think you mean to serve the Park West/Overtown area, is
that correct?
Mr. Bailey: That is what I mean. The project area which
includes Overtown and Park West.
Mr. Dawkins: Okay, thank you. Now, where did you move to?
Mr. Bailey: 100 Biscayne Tower.
Mr. Dawkins: How in the hell can you service Overtown from
100 Biscayne Boulevard.
Mr. Bailey: We service it quite well, Commissioner.
Mr. Dawkins: Is her servicing it well, Ms. Adker?
Ms. Adker: Do we know what is going on? We don't know what
is going on, to tell you the truth. This is pretty
discouraging. Then maybe while Mr. Bailey is here at the
mike and we of Overtown are in a joint venture with the Park
West Development, I know that we are putting a lot of those
bills from the allocations coming from Overtown. What part
is the Park West Civic Association, since that seemed to be
the organization that is running Park West, what funds are
they contributing or are we the overall contributor?
ld 142 February 14, 1985
it
I
Mr. Bailey: The Park West Civic Association which meets on
a monthly basis the same as the Overtown Advisory Board, and
i which we meet with and provide a monthly report on a monthly
basis, they contribute the funds that they collect from the
members of their association that are merchants there, they
have absolutely no City funds and the amount of funds I
guess that you're talking about that they get for their
administrative purposes is totally a private contribution
i from that association and none of it from us.
Ms. Adker: So what you're saying then, that our Community
Development allocation is footing the bill total. You know,
we have found ...
i
Mr. Bailey: No, no, there is no Community Development funds
other than those that are being used to match the Urban
Mass Transit Administration funds for the acquisition,
relocation and demolition of those properties in the four
block area.
' Ms. Adker: Wow, now you've brought on something else. It
was Overtown and only Overtown that 6.9 million dollars was
allotted by the federal government so how did Park West get
i
into this?
Mr. Bailey: Well, none of that 6.7 million that was
provided by the Urban Mass Transit and the 1.5 million that
is being used of which 1.4 comes from the City of Miami, we
do not use any of that for Park West. The money that is
being used from Park West comes from some other source and
it just so happens we have not spent any money to date on
Park West, we have spent and already have committed 8.2
million dollars for Overtown. We have relocated about 6% of
the tenants who were in those dilapidated facilities to new
housing. We have already entered into what we consider to
be equitable and fair agreement to pay those property owners
who's property has been bought and not only that, some of
those property owners have already actively begun to
participate in the redevelopment. And I don't want to take
issue with you, but we can prove conclusively that every
month we do meet with the Overtown Advisory Board and every
month we do provide the Overtown Advisory Board with an up
to date status of everything that has transpired.
Ms. Adker: I am, Mr. Bailey, as you know, a member of that
Overtown Advisory Board.
Mr. Bailey: And we met last night.
Ms. Adker: That's why I am here, because I haven't gotten
an accurate up date which causes these questions.
Mr. Bailey: Well, Ms. Adker, I think that the Chairman, and
I think Mr. Hunt who is the Chairman who presides at every
meeting for which we have just had a meeting this week on
Wednesday night...
Ms. Adker: Tuesday, please.
Mr. Bailey: Tuesday night, I'm sorry. And at that meeting
a complete up date of everything that has transpired not
only just in Overtown but in the entire project area has
been given to the Overtown Advisory Board. I would suggest
that maybe Mr. Hunt who is the Chairman and who has been in
contact with me for the past two days probably should be
able to respond to that because we do provide them with the
information.
Mayor Ferre: Ms. Adker, we've got 58 minutes left.
ld 143 February 149 1985
i
Ms. Adker: Okay, I'm not going to belabor that, I'll go on
to the joint ventures that Overtown has been in and they
have never enhanced Overtown. That Park West situation was
one, I'd like to talk about the Jobs Program. The Jobs
Program, to me, had been doing a good job but I question
— this program being in Overtown this length of time with no
Overtown residents on staff. It has been in business long
enough to have had on the job training to bring somebody in.
I'd like to talk next about our community based organization
which is the Overtown Economic Development Corporation that
_ receives from Community Development $379750 and that is for
operational costs and salaries. And they are expected to
leverage $12,500, I question that as to how could they do
that. Now we have found this to be an on -going problem with
programs and organizations funded by the City and they're only funded to fail or are forced out of business by some
technicality. I would like to go on and discuss a pet peave
to me. Are there double standards or is this the way this
system works? Dave Abrams who was a former administrator
with the Housing Department under Community Development is
now the executive director of the Indian River Development
Corporation that are doing business there in Overtown. Now,
that gives him a choice to bid on parcels in that
redevelopment area. He is very familiar with it because of
his job. I want to ask is this a conflict of interest?
Mayor Ferre: Ms. Adker, I don't know how in the world, I
don't know the answer to this but I'll tell you what let's
do. You've got seven points that you've brought up here.
In fact, you get even into the Rico Act.
Ms. Adker: Yes, please, I really want you to look into that
because that is very ... No, it's not that complicated.
Mayor Ferre: Oh, yes, it is. The Rico Act ...
Ms. Adker: It's not that complicated, Mr. Mayor, when this is a ... This was a bill or a statute passed by the Supreme
Court, how can it be ....
Mayor Ferre: I know exactly what it is, we deal with it all
the time. Now, what I'd like to do...
Ms. Adker: How else are we going to help our Police
Department if they make a narcotics bust and before the
police can finish writing out the report the suspect is
going back and it is business as usual unless we make the
landlord directly responsible for what is going on on his
property?
Mayor Ferre: You're probably right, and the point I'm
— trying to make to you is that usually core up with very
important and cojent points and I think ...
Ms. Adker: And nobody does anything about it and you're
putting us in a very precarious position in Overtown because
we have young adults now who say they aren't doing anything
and they have no intentions of doing anything other than
displacing residents from the Overtown area and we're the
ones who have to ....
Mayor Ferre: What I would like to do is ask the Manager to
answer these seven points - and the City Attorney, because
part of these things deal with the Police Department and the
City Attorney - and we deal with these issues and I would
like to put you as the first item on the agenda the next
regular Commission Meeting which is March 14th and that
gives everybody plenty of time to answer all these
questions. Otherwise, I think all we're going to do is
waste a lot of your time and other people's time here
discussing things that we don't have answers to.
ld 144 February 149 1985
2
Ms. Adker: I would appreciate that, Mr. Mayor.
Mayor Ferre: All right, Mr. Manager, Walter, I'll pass this
on to you and ... You've got a copy of it.
Mr. Pierce: Yes, sir.
Mayor Ferre: And what we want then is an answer in the next
two weeks, if possible, and then that somebody sit down with
Ms. Adker and go over these issues, write a final memorandum
to the Commission and if she wants then put her on the
agenda on March 14th as the first item. Okay?
Mr. Pierce: Yes, sir.
Ms. Adker: Thank you very much. I want a very good answer
to satisfy those people in my community where I have to live
24 hours.
Mayor Ferre: All right, Ms. Adker.
46. DISCUSSION: HIRING FREEZE.
------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, I move Item G.
Mayor Ferre: It says discussion on Hiring Freeze so what is
it you're moving?
Mr. Dawkins: I move Item G to be heard now.
Mayor Ferre: I see, I understand. Okay, I'll recognize
that. Mr. Manager. This formalizes I guess what we did,
this resolution before us, at the last Commission Meeting.
Mr. Rosencrantz: No, there is a resolution at the end of
your package that does that, Mr. Mayor. Item G is directed
to bring the City Commission up to date as to what has
transpired with the hiring freeze to date. At the last City
Commission Meeting, the City Commission reimposed a hiring
freeze on positions that had been "unfrozen" before. There
were four positions in the pipeline at that point that you
told us that we should come back to you for specific
approval. Those positions are shown on page 2. These are
positions that we are ready to make an offer ...
Mr. Plummer: Where is that in my packet?
Mr. Rosencrantz: It should be under "G". Do you have any
more copies of that?
Mr. Plummer: All right, I found it.
Mr. Rosencrantz: To get to the point, at the last City
Commission Meeting we had four positions that we're ready to
make offers to and the instructions were that we should come
back to the City Commission for approval of each of those
positions. I would point out to the City Commission that
three of those four positions are JPTA positions.
Mayor Ferre: I don't know what that means.
Mr. Rosencrantz: That's part of the Job Training Program
wherein we get paid $1,400 per person that we're able to
train and place in a job plus we get subsidized half that
person's salary for the first 6 weeks that they're on the
ld 145 February 14, 1985
job. It is a Federal Jobs Training Program. It is really
a quite a savings to the City anytime we can use those kinds
j of people and that is what we have attempted to do.
Mr. Dawkins: Mr. Manager on "A" in your memorandum in "G", —
previous exempt positions permitted to hire four, four what? -
Mr. Plummer: It was never spelled out. _
1 -
Mr. Rosencrantz: It was never spelled out which four
positions they were.
Mr. Dawkins: Okay, no problem. Okay; the previous exempt —
still in recruiting process, 81 what?
Mr. Rosencrantz: 81 different positions.
1
Mr. Dawkins: All right, I would like you to go back up to -
that's Okay, I'll cover that in my ... Okay, on the third
page, Economic Development Business Development Supervisor,
I imagine, Position I. replace staff reassigned to City
Manager's Office. Who was that? —
i
1
Mr. Rosencrantz: That was the person that is now serving as
I Agenda Clerk in the City Manager's Office.
1
Mr. Dawkins: Okay, no problem. Who is the Senior
Procurement Specialist?
Mr. Rosencrantz: That's a Senior Procurement Specialist and
that is Dianne Johnson who is Administrative Assistant to
the City Manager.
Mr. Dawkins: Did these people receive promotions?
Mr. Rosencrantz: They were transfers and promotions, yes, I
guess you could class that as a promotion.
Mr. Dawkins: How much money did they gain as they got
promoted? In other words, their salary when they left where
they were and their present salary, the difference between
that.
Mr. Rosencrantz: I don't have the exact numbers with me but
I think probably in one case it was 5% over what they were
making and probably the second case was maybe 10% over what
he had been making.
Mr. Dawkins: Okay, well give me some hypothetical answers
what you think their salary might be and then give me 10% of
that so I know what figure we're working with.
Mr. Rosencrantz: Mr. Ruder indicated he was making $37,000
in the Department of Economic Development and Ms. Johnson I
think was making $25,000 as a Procurement Specialist.
Mr. Dawkins: So 5% of 25 is 59000...79500.
Mr. Rosencrantz: Yes, whatever....
Mr. Dawkins: I don't know. Does anybody have a computer?
Mr. Rosencrantz: If you want to know their exact hours,
it's very easy for us to go and get their exact salaries and
tell you what they are, if you would like us to.
Mr. Dawkins: Mr. Manager.
Mr. Plummer: You were making thirty-seven five? So that's
thirty-seven five and you have an increase of 10%... what you
ld 146 February 14, 1985
I
want to know is the difference, the increase? So, it's
thirty-seven five and Diane, what is your increase?
a
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mr. Plummer: Approximately $11,500.
i
Mr. Dawkins: She got an $11,000 increase.
Mr. Plummer: No, two people. $8,000 on the lady and
$37,050 on the man.
Mr. Dawkins: I need this so when I tell you, when I look at
somebody else you all have moved up and I bring these
figures up, don't tell me that this didn't occur. But yet
and still, the Manager is freezing out positions to save
money. O.K.? Remember that.
Mr. Rosencrantz: Commissioner Dawkins, each of the people
that I moved over there are making less money than the
people that were in those positions formerly.
i
Mr. Dawkins: Mr. Manager, I have no desire to quarrel with
you with who was there and who you moved, but I've been here
long enough to know that go -around comes -around. Chinaman
says "long time runny, by -by catchy." The last one we have
down here, you have junior programmers and computers
technicians who have a contractual agreement with Burroughs.
Why do we have...is it cheaper, Mr. Manager, to have a
contract than to hire someone?
Mr. Rosencrantz: What our computer Manager was able to
negotiate last year was a service contract with the
Burroughs. Towards the end of last year, as part of his
negotiations, he was able to reduce the fixed maintenance
fee on a number of units that we lease from Burroughs, if we
provided a certain level of in-house maintenance. The cost
of providing these two people is much less than a service
contract that we formerly had with Burroughs. So, it's a
real dollars savings when we fill these two positions.
Mr. Dawkins: Lastly, down here you have recreational aides
73• How many parks do we have?
Mr. Rosencrantz: These particular people service different
ways within the City Parks and Recreation operation. The
recreation aides come in and work a couple of hours a week
on specialized programs and do specialized clean-up tasks.
They are not full-time people. The people in those various
positions change depending upon who might be available and
who is needed to do a certain kind of program that we're
offering at that point. In the stadium, we're asking for
the authority to hire people over there. Again, it's on• a
catch as catch can basis. When we have events at the
stadium, we need people available to park cars and to take
care of those kinds of things. They are not full-time
people. They're considered as casual labor. We simply pick
them up and pay them for the event. After the event, that's
the end of it.
Mr. Dawkins: Well, if you have recreational aides, you have
73. Down here you have other personnel, 50. Then when I
turn over to the other page, you say other personnel
includes positions such as event supervisors, general labor;
then up here you just said recreational aides are used as
laborers, rest -room attendants, scoreboard operators, etc.
I'd like for me and you to get together and explain that to
me, O.K.?
ld 147 February 14, 1985
Mr. Rosencrantz: I'll be glad to.
i
4
Mr. Dawkins: Mr. Mayor, we passed a resolution. I'd like
to reaffirm that resolution. I'd like to read the
{ resolution. It says:
"A RESOLUTION REAFFIRMING THE INTENT OF THE CITY
COMMISSION THAT NO VACANCIES IN THE CITY WORK
FORCE BE FILLED BY THE CITY MANAGER DURING THE
1984-85 FISCAL YEAR WITHOUT THE EXPRESS ADVANCE
APPROVAL OF THE CITY COMMISSION; FURTHER DECLARING
THAT THE INTENT OF THE CITY COMMISSION THAT NO NEW
HIRING FOR THE CITY WORK FORCE TAKE PLACE UNTIL A
PERMANENT CITY MANAGER IS APPOINTED, BUT EXPRESSLY —
EXEMPTING FROM SUCH PROHIBITION HIRING TO FILL
VACANCIES IN THE POSITION OF POLICE OFFICER,
PATROL SECTION; PROBATIONARY FIREMEMBER... "
and we said sanitation workers, and sanitation workers. We
did not say, "including those ten positions in the sanitary" that was not the motion.
Mayor Ferre: We also said unless it's brought up before the
City Commission.
Mr. Dawkins: That should be exempting the hiring of
individuals in the police patrol, firefighting, and
sanitation. —
Mayor Ferre: Unless otherwise brought before the
Commission.
Mr. Dawkins: Without the express approval and authorization of the City Commission.
Mr. Plummer: Wait a minute, what about the other one?
Mr. Dawkins: That one is illegal they said.
Mr. Plummer: Why is it illegal?
Mr. Dawkins: Because that doesn't show our intent. It
looks more like we are dictating to the Manager according to
the....
Mr. Plummer: Absolutely not!
Mr. Dawkins: Well, the lawyer said so, so I go along.
Mr. Plummer: Excuse me, I want to clear this for the _—
future. This Commission can set any policy it wants.
1 Anything that is not legal, the Manager does not have to
abide by a policy that is illegal or that portion of it. —
Mayor Ferre: Well, the Commission does not want to pass an
illegal policy.
Mr. Plummer: O.K., fine, but wait a minute, Mr. Mayor, it
is clear here, reaffirming the intent. We're not saying
that you must.
Mayor Ferre: I don't know what you're talking about,
Plummer. Miller just read a resolution.
Mr. Dawkins: But the first one I gave you, they said it was
_ illegal.
Mr. Plummer: This Commission at any time, Mr. Mayor, has
always been able to express its intent. No one can deny us
that right.
RT 148 FEB 14, 1985 `
S
i
i
Mayor Ferre: See, J.L., that's true, but we're right on the
edge, because what you're saying is reaffirming, resolution,
see, we're talking about two documents. This document, I
think, you don't have any problems with, as Miller has —
amended it. This one you are right on the edge.
"A RESOLUTION REAFFIRMING THE INTENT OF THE CITY
COMMISSION TO SAVE TAXPAYERS FUNDS"
That's O.K., and reaffirming the City Commission's intent —
that no personnel action ... no personnel action is totally
against the Charter. You can't tell the Manager that he
can't have any personnel action without.... —
Mr. Plummer: What are you telling him here?
Mayor Ferre: That he can't hire; that's different. That's
budgetary. This one says personnel action. You can't tell
the Manager that he cannot do any personnel action. That is
totally against the Charter.
Mr. Plummer: Well, I'll tell you, you can tell the Manager
if he does....
j Mayor Ferre: That's right, that he won't be manager any —
more.
i
Mr. Plummer: I didn't say that. Reading between the lines.
Mayor Ferre: You can say, read between the lines. That —
you can do, but you can't do this. Because that's an
illegal resolution. You can tell him, I won't....
Mr. Plummer: I will be watching. Now, let's get to another
important point. _
Mayor Ferre: Wait a moment, the man hasn't even.... —
Mr. Plummer: Under discussion....
Mayor Ferre: He hasn't even gotten it seconded.
Mr. Plummer: I second it; under discussion, let's get to _
the real point. When is it the intent of this Commission,
and it has a direct bearing to this, intending to make a
permanent manager.
Mayor Ferre: J.L., you and I both know because Korn Ferry,
_ whatever that fellow's name is, Roberts, Norm Roberts has
been calling you and me and everybody else in this town
trying to get us to get dates and the whole thing. As I
understand it.... —
Mr. Plummer: We're meeting on the 22nd. Is it the intent
of this Commission then to deal with the matter of the
selection of a permanent on the 28th? Is it on the 14t•h?
Is it going to be a Special Meeting?
Mayor Ferre: I think we ought to call a Special Meeting. I
don't think we should get everybody all...I don't mind —
calling a Special Meeting on the 29th.
Mr. Plummer: Yes, call it on the 29th, Mr. Mayor, of
February.
Mayor Ferre: No, I mean March 1st. I don't mind calling it
on March 1st.
Mr. Plummer: Mr. Mayor, the reason I brought it up, because
I think it is more than obvious if we get into a situation
which this Commission found itself in before with a
temporary acting manager for some six, seven, or eight
RT 149 FEB 149 1985
1
months, I couldn't vote for this. I want to be honest with
you. If it is the intent of this Commission to go about
this selection process on the 26th of February or if not, I
1 don't want to make it on a Friday, but a reasonable period,
j then I'm going to vote for this resolution.
Mayor Ferre: But you see, J.L., we have to be careful that
we don't say that we're not going to pay any attention to
Korn Ferry, because if that's the case, then let's call them
up right now or tomorrow morning -it's three hours less in
Los Angeles- and say, hey, forget all that.
Mr. Plummer: No, sir, I'm talking about a date after the
22nd.
Mayor Ferre: I assume, I think that the first of March,
which is a Friday, is a fine day.
Mr. Plummer: I second your motion.
Mayor Ferre: That we have a Commission meeting on that
Friday and start at whatever time, depending on what
funerals you have on that day. I can start in the morning -
i or start in the afternoon.
Mr. Plummer: Do you mean here on in the funeral home? _
Mayor Ferre: That's for you to decide which one is the more
important to you.
Mr. Plummer: I second your motion that that the selection
process will commence on March 1st at 1:00 o'clock in the --
afternoon.
Mayor Ferre: That's fine.
Mr. Plummer: I so move.
_ Mayor Ferre: Demetrio seconds. Do you want me to second
it? I don't care. Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption: _
MOTION NO. 85-113
A MOTION ESTABLISHING THE DATE OF MARCH
19 1985, AT 1:00 O'CLOCK P.M., IN THE
COMMISSION CHAMBERS, AS THE DATE OF A
SPECIAL CITY COMMISSION MEETING
CONCERNING THE PROCESS FOR SELECTION OF
A PERMANENT CITY MANAGER.
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.
RT 150 FEB 149 1985
__
16 0
47 FORMALIZATION: REAFFIRM INTENT OF CITY COMMISSION THAT
NO VACANCIBS IN THE CITY WORK FORCE BE FILLED UNTIL A _
! PERMANENT CITY MANAGER IS SELECTED AND THEN ONLY WITH
THE PERMISSION OF THE COMMISSION ON AN INDIVIDUAL BASIS
' ------------------------------------------------------------
Mayor Ferre: We're back to Miller's resolution, which we
temporarily tabled, and as amended. Do you want to move it? —
Mr. Dawkins: Move it.
Mr. Rosencrantz: What was he amending?
{ Mayor Ferre: It's a resolution reaffirming the intent of
the City Commission that no vacancies in the city work force
be filled by the Manager during the 84-85 fiscal year. I
+ imagine once we get a permanent, you are going to reverse
that.
Mr. Rosencrantz: This resolution, I understand, simply
confirms the action taken by the City Commission at the last
i meeting. There is nothing new in here.
1
Mr. Dawkins: That's all it does, Mr. Rosencrantz.
Mr. Rosencrantz: That's what this one does. This was —
drafted by the law office in compliance with....
Mayor Ferre: Where does it say until there is a permanent?
You moved, Plummer seconded. Further discussion? Call the -
roll, as amended. _
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-114
x "A RESOLUTION REAFFIRMING THE INTENT OF
THE CITY COMMISSION THAT NO VACANCIES IN
THE CITY WORK FORCE BE FILLED BY THE
CITY MANAGER DURING THE 1984-85 FISCAL
YEAR WITHOUT THE EXPRESS ADVANCE
APPROVAL OF THE CITY COMMISSION; FURTHER
DECLARING THAT THE INTENT OF THE CITY
COMMISSION THAT NO NEW HIRING FOR THE
CITY WORK FORCE TAKE PLACE UNTIL A
PERMANENT CITY MANAGER IS APPOINTED, BUT —
EXPRESSLY EXEMPTING FROM SUCH
PROHIBITION HIRING TO FILL VACANCIES IN =
THE POSITION OF POLICE OFFICER, PATROL
SECTION; PROBATIONARY FIREFIGHTER AND
FURTHER EXEMPTING THE HIRING OF
INDIVIDUALS IN THE SOLID WASTE —
DEPARTMENT INCLUDING THOSE 10 POSITIONS
IN SAID DEPARTMENT WHICH HAD PREVIOUSLY
BEEN THE SUBJECT OF CITY COMMISSION
APPROVAL AND AUTHORIZATION. —
(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
RT 151 FEB 149 1985
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
48 TRANSFER STATUS OF SUZANNE SALICHS IN THEE MAYOR'S
OFFICE FROM REGULAR AIDE TO SPECIAL AIDE
Mayor Ferre: Now, I have a little problem in my office
because Suzanne Salichs, you know the girl that was up there
left, what was her name? Angie, the receptionist that I
had, left because her family needed her in Venezuela. So I
have a problem with the other girl that is up there,
Suzanne. We have to change her from regular aide to special
aide.
Mr. Plummer: I second the motion.
Mayor Ferre: Call the roll.
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 85-115
A MOTION INSTRUCTING THE CITY MANAGER TO
PROCESS THE NECESSARY PAPERWORK TO
TRANSFER SUZANNE SALICHS AN EMPLOYEE IN
THE MAYOR'S OFFICE FROM "REGULAR AIDE"
TO "SPECIAL AIDE".
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.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
49 EXEMPT HIRING FREEZE TO PERMIT HIRING OF TWO ASSISTANT
CITY ATTORNEYS IN THE LAY DEPARTMENT
Mr. Plummer: The City Attorney needs to make a
presentation.
Mrs. Dougherty: Mr. Mayor, I have two vacancies in my
office presently. One is for a workman's comp lawyer, which
I had asked that you all allow me to unfreeze. I just lost
him. It's essential that somebody physically be down there.
Mayor Ferre: What is the second one?
Mrs. Dougherty: The second one is the police legal advisor,
the second position. We have collected....
Mayor Ferre: Plummer moves.
Mr'. Plummer: I second.
Mr. Dawkins: I'll move.
Mayor Ferre: Plummer seconds, Plummer moves, Plummer votes,
call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-116
A MOTION INSTRUCTING THE CITY MANAGER TO
PROCESS THE NECESSARY PAPER WORK TO EXEMPT
FROM THE PRESENT HIRING FREEZE TWO
POSITIONS AS ASSISTANT CITY ATTORNEY: (a)
ONE TO HANDLE WORKMAN'S COMPENSATION LAW
AND' (b) THE SECOND ONE TO FUNCTION AS A
POLICE LEGAL ADVISOR.
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
-------------------------------------------------------
50 EXEMPT HIRING FREEZE: 1 SECRETARY II FIRE DEPT; 1 MARINA
AIDE DINNER KEY MARINA; 1 GREENSKEEPER PARKS &
RECREATION; 1 GROUNDSTENDER PARKS & RECREATION
Mr. Dawkins: The Manager has some JP positions....
Mr. Rosencrantz: Mr. Mayor, in the memorandum that you
have, we are requesting authority to hire four positions for
which we made offers before January 24th.
Mayor Ferre: These are Demetrio's previously moved?
Mr. Rosencrantz: No.
Mr. Perez: That is not Demetrio. I think that was• a
misunderstanding. Mr. Manager; I think that something was
not clear in the memo. I clarified before the City Clerk
the name of three or four persons.
Mr. Plummer: I move four Demetrio's selections.
Mayor Ferre: Call the roll on Demetrio's four....
Mr. Rosencrantz: For the record, Mr. Mayor, the City has a
selection process.
Mayor Ferre: I know, we're all kidding. Everybody knows.
Mr. Plummer: HA, HA; HA!
Mayor Ferre: Now, Mr. Manager, are we finished voting? Go
ahead and call the roll.
l Mr. Plummer: Wait a minute, Mr. Manager, please identify
those positions.
Mr. Rosencrantz: The positions that we're asking....
i Mr. Plummer: The four.
Mr. Rosencrantz: The four are secretary II in the Fire
Department; a marina aide in Dinner Key marina, that will be
a JTPA position.
Mr. Plummer: That's good.
Mr. Rosencrantz: A groundskeeper in Parks and Recreation,
which is another JTPA position; and a groundstender, which
is an additional JTPA position.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-117
A MOTION AUTHORIZING THE UNFREEZING OF
FOUR POSITIONS' IN THE CITY' S WORK FORCE
AS MORE FULLY OUTLINED BY THE CITY
MANAGER ON THIS SAME DATE: 1) ONE
SECRETARY II (FIRE DEPARTMENT); 2) A
MARINA AIDE (JTPA FOR DINNER KEY
MARINA); 3) A GREENSKEEPER (JTPA FOR
PARKS & RECREATION); AND 4) A GROUNDS
TENDER (JTPA-FOR PARKS & RECREATION).
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
i
NOES: None.
ABSENT: None.
-----------------------------------------------------------------
51 EXEMPT HIRING FREEZE: 1 AUTO EQUIPMENT OPERATOR -PARKS.
RECREATION; 2 GROUNDS TENDERS - PARKS & RECREATION; 1
CLERK TYPIST - PLANNING/ZONING BD. ADMIN.
------------------------------------------------------------
Mayor Ferre: Mr. Manager, I'm going to do something, and I
apologize because it's a little bit of an end run on you and
I apologize; but somebody has told me that Angela Bellamy
needs an assistant. I want to make sure that we don't
have...I think that's an important spot.
Mr. Rosencrantz: Mr. Mayor, in compliance with the wishes
of the City Commission, the administration has gone through
the number of petitions that we had vacant within the
government. We tried to identify those positions that we
thought were really critical and really had to be filled.
We have been....
RT 154 FEB 14, 1985
L'I
is
I -
Mayor Ferre: Are there any other positions in...?
jMr. Rosencrantz: Yes, we have a number of positions, an —
additional ten positions.
Mr. Dawkins: You forget that 81, whatever those 81.
Mr. Rosencrantz: No, it's not 81; it's ten positions that
we're asking for. The communications operator in the Fire
Department, it's an auto equipment operator in Parks and
Recreation; that again will be a JTPA position. We're
talking about two additional groundskeepers in the Parks and
Recreation Department; that will be JTPA positions. We're
talking about a personnel officer in Human Resources. We're -
talking about a Clerk Typist in the Planning and Zoning,
which is a JTPA position. We're talking about a business
developer position in Economic Development. We're talking
about....
Mr. Plummer: Let me ask you a question. Let me stop you
for one second. What is the problem if that is put off
until March 2? -
Mr. Rosencrantz: The problem, and I think it's a problem we
have to...two problems are created by that. One, of the ten _
positions we're asking you to fill, four of them are JTPA
positions. Our failure to fill those positions will cost
the City money. They'll cost the City money because we
won't get the $1,400 placement fee.
Mr. Plummer: Identify those four.
Mr. Rosencrantz: Those four are the equipment operator, two
groundskeepers in Parks and Recreation, and one clerk typist
in the Planning Department.
Mr. Plummer: I so move.
Mayor Ferre: There is a motion on the floor.
Mr. Perez: Second.
Mr. Rosencrantz: May I finish, please?
Mayor Ferre: Call the roll.
out of the ten.
Wait a minute, you got four
Mr. Plummer: Yes, this is federal money we'll have to pay
back if we don't.
Mr. Dawkins: You already have to pay it back because you
haven't met the guidelines, so no problem.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-118
A MOTION AUTHORIZING THE CITY MANAGER TO
EXEMPT FROM THE PRESENTLY INSTITUTED
FREEZE THE FOLLOWING FOUR POSITIONS: 1)
I AUTO EQUIPMENT OPERATOR (JTPA-FOR
PARKS & RECREATION); 2) TWO ADDITIONAL
GROUNDS TENDERS (JTPA-PARKS &
RECREATION); 3) ONE CLERK TYPIST (JTPA
FOR PLANNING/ZONING BOARDS
ADMINISTRATION.
RT
155
FEB 149 1985
I
f
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.
52 EXEMPT HIRING FREEZE: 2 POSITIONS - DEPARTMENT OF
COMPUTERS; 1 COMMUNICATIONS OPERATOR - FIRE DEPARTMENT;
1 PERSONNEL OFFICER - HUMAN RESOURCES; t POSITION -
PURCHASING DIVISION
------------------------------------------------------------
Mayor Ferre: Now the other six.
Mr. Rosencrantz: The other six, critical in those positions
are positions that are critical to the operation of the
City. The two positions in the Computer Department. They
are cost saving positions. We save money by having those
people on board because it's less money that we pay to the
Burroughs Corporation for maintenance service. The
communications operator in the Fire Department is needed in
the emergency service section. It's very needed position.
We need a personnel officer over in the Human Resources
Department. The other two positions are the business
development supervisor in the Department of Economic
Development and one additional position in the Purchasing
Department.
Mr. Dawkins: I can take all but the last two, that's just
my personal opinion.
Mr. Rosencrantz: How about the Purchasing Department? That
is one that is very critical to us, Commissioner Dawkins,
the purchasing specialist.
Mayor Ferre: In other words, what he says is everybody but
the Economic Development person. Is that what you said?
Mr. Dawkins: Yes.
Mayor Ferre: In other words,' the other five are approved.
Is there a...?
Mr. Dawkins: Move.
Mayor Ferre: Dawkins moves, Perez seconds. Call the roll
on those five.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-119
A MOTION AUTHORIZING THE CITY MANAGER TO _
EXEMPT FROM THE PRESENTLY INSTITUTED FREEZE
THE FOLLOWING FIVE POSITIONS: (1) TWO =
POSITIONS IN THE COMPUTERS DEPARTMENT; (2) _
ONE COMMUNICATION'S OPERATOR (FOR THE FIRE
DEPARTMENT); (3) ONE PERSONNEL OFFICER IN
THE HUMAN RESOURCES DEPARTMENT; AND (4) ONE
EMPLOYEE FOR THE PURCHASING DEPARTMENT.
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
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
Mr. Plummer: Excuse me, those five positions have to go
through the selection process.
Mr. Dawkins: Oh, yes, by all means! _
Mr. Rosencrantz: No problem.
_-------------- ----- ----------------------------------
53 EXEMPT HIRING FREEZE: 5 POSITIONS OF PLANNERS —
PLANNING DEPT.
------------------------------------------------------------
Mr. Dawkins: But Mr. Manager, when we first started, I
mean, on the day that Howard Gary was dismissed. Now, you
know how long ago that was. You were authorized to hire
four planners. November, December, January and February,
those are four planners that this Commission asked you to
bring on board to assist the Planning Department. Now here
you come with everything but the four planners. Why?
Mrs. Angela Bellamy: Commissioners, the registers for the
Planner Registers were closed on January 18th. We have
started the selection process. Once the register is closed,
then the register is sent to the department, and they have
to select a person. They have to have interviews and make
selections.
Mr. Rodriguez: If I may....
Mr. Dawkins: At the time when you told us that these people
were needed, did you or did you not indicate that they had
been identified? Not selected, identified, that you knew
where they were.
Mr. Rodriguez: No, we have the five positions that we have
open. We started the process immediately. Then on January
24th, when I was getting ready to interview, I had to stop
because of the freeze.
RT 157 FEB 140 1985
4
Mr. Dawkins: O.K., I'm like Commissioner Plummer. As these
positions are filled, I want to see the roster that they
were taken from, the dates that they went on the roster, and
the day that they filled out their applications.
Mr. Plummer: What are you doing, just establishing a
roster?
Mr. Rosencrantz: We were in the process of doing the
recruitment and selection process.
Mr. Dawkins: I don't mean with the planners. I'm talking
about these other people we hired.
Mr. Plummer: They all have to come back here.
Mr. Dawkins: Right, but when he comes back, I'm telling him
what I need to see, J.L.
Mr. Rosencrantz: Let me make sure I understand,
Commissioner Dawkins. On the last group of positions where
we talked about the recreational aides and the parkers at
the Orange Bowl and these sorts of things, I would assume
we're free to hire those people as they are needed for those
particular events.
Mr. Dawkins: You're free to select them and bring back to
this Commission the roster you took them off from.
Mr. Rosencrantz: They don't come off a roster.
Mr. Dawkins: The first application they filled out to work
with the City.
Mr. Plummer: Commissioner Dawkins, you're referring to
full-time employees. You're not referring to event
personnel that are hired on a daily basis.
Mr. Dawkins: No, not the part time help.
Mr. Rosencrantz: O.K., I just want to make sure we
understand.
Mr. Plummer: Could you have Dawkins up there hawking soda.
Mr. Rosencrantz: Does he know how to park cars?
Mr. Perez: Could you let me know about a position that I
have understand that is a critical position. I would like
to know your information about a cashier II finance
department. Would be possible Mr. Garcia explains? It is a
critical position or what is the situation.
Mr. Plummer: A cashier?
Mayor Ferre: Gentlemen, we need to move along. Are we
about...? Mr. Manager, I think Ken Treister and Howard
Scharlin have been sitting here all day. The people from
Coconut Grove have been here since early in the day. Out of
courtesy... they've been here all day!
Mr. Dawkins: I move that we hear them now.
Mayor Ferre: Randy, are we finished now with all this
personnel.
Mr. Rosencrantz: Just one question, I want to be very
clear. We brought up the issue about the Planners. You had
unfrozen the positions, I think, of three people in the
Planning Department sometime earlier. Am I to understand
that they are unfrozen?
sl 158 February 14, 1985
i
1
I
Mayor Ferre: Formalize it, Miller. Miller Dawkins moves
that the four planners be, five planners -is that what it
is?
i Mr. Rodriguez: Five planners.
Mayor Ferre: Five planners be approved for hiring after all
the legal proceedings and register and the whole thing.
Mr. Rodriguez: Thank you. -
Mayor Ferre: Perez seconds. Further discussion? Call the
roll.
Mr. Plummer: This is for the four planners that will be -
selected after the roster is established.
Mr. Rosenerantz: Yes, there will be several rosters, but
they'll come off those rosters.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-120
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXEMPT FROM THE
PRESENTLY INSTITUTED HIRING FREEZE FIVE
(5) POSITIONS AS PLANNERS, FOR THE
PLANNING DEPARTMENT.
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.
54 DEFER CONSIDERATION OF REQUEST BY DEVELOPERS OF
COMMODORE BAY ON WAIVER OF TIME LIMITS - SECTION 35514.5
OF CITY ZONING CODE
Mayor Ferre: All right, Mr. Scharlin.
Mr. Howard Scharlin: Gentlemen, my name is Howard Scharlin.
My office address is 1399 S.W. 1st Avenue, Miami. I am here
on behalf of myself, Kenneth Teeister, and Gerald Katcher,
owners of a property, which was presented to you during the
year 1984 as Commodore Bay for a major use special permit,
an application which was denied by the Commission at the
December meeting. Our appearance this evening is on a very
narrow issue. We're not going to discuss this evening the
possibility of use of the property as a park. That we will
be pleased to talk to any governmental agency or group of
citizens at any time. But that is not an issue this
evening. We're not here to discuss what modifications we
intend to make in the Commodore Bay Plan, but we assure you
that wee do intend to substantially reduce the former uses
sl 159 February 14, 1985
1
that were proposed by us. Our appearance tonight is solely
to request a waiver by the City Commission pursuant to
provisions of article 3514.5 of an 18 months delay or a 12
month delay imposed by article 3514.2 after a denial by the
City of Commission of a zoning application. Our application
was submitted to you as a major use special permit under
article 28 of your zoning code. Article 28 is a special
chapter devoted to major uses. Those are defined by size or
activity; one of the criteria being parking, if a project
has more than 500 parking slots, it's a major use. Our
application is a major use. That chapter separates the
procedures for consideration of major uses from all of the
other zoning procedures in your code. Article 2800 says
that shall be a single procedure and any changes in the
comprehensive neighborhood plan, any changes in any other
ordinances, any changes in zoning, any variances, all those
matters will be considered within the single procedure
framework provided in article 28. If you look through
article 28, there is no provision which bars, which imposes
a time limitation after a denial by the Commission. As far
as we understand that article, coming back before you would
be appropriate without requesting commission. We've
contacted Mr. Bartley, who was one of the principal drafters
of the City of Miami Zoning Code and it is his opinion, and
we have it from him in writing that an application under
article 28, when denied, is not subject to the time
limitations that we are here asking you to waive. The time
limitations imposed by article 35 read that when the City
Commission denies a zoning application, it shall not be
reconsidered by the zoning board until 18 months has
expired, or 12 months, depending on the kind of change on
the application. Chapter 28 or article 28 of your Code does
kk not provide the hearing by the zoning board. It's separate;
it's a consideration by the Planning Advisory Board and then
by the City Commission. The time limitation in 35 does not,
if you read the code closely, apply. However, we felt that
it was inappropriate to go on the form. That it could very
well be considered that in substance you meant the time
limitations to apply and therefore, we are here before you
asking you to waive the 18 month limitation, in accordance
with the right given to you in 3514.5 in order to prevent an
injustice. That is a criteria established in your code
section.
Mr. Plummer: Madam City Attorney, you heard the
presentation of the gentleman. Is he legally correct or
not?
Mrs. Dougherty: I'm sorry, I was paying attention to
something else. It's my opinion that he is legally before
you and that you can waive the 18 month rule. Is that your
question?
Mr. Plummer: Rephrase the question.
Mayor Ferre: I think what Howard was saying is that in his
opinion this is a very special provision of the code.
Technically, his property is not really... -are you listening
to me now, because I don't want to do this twice.
Technically he, therefore, is not under the code and doesn't
have to be before this Commission to ask for a 12 month
waiver, 18 month waiver or whatever it is.
Mrs. Dougherty:
his....
I think he is, he has to come here. I know
sl 160 February 14, 1985
i
�I
Mayor Ferre: That's question one; your opinion is he does
have to come here. The second question is, is he legally
l� before us?
Mrs. Dougherty: Yes.
Mr. Plummer: From that point, now we have a basis we can
start into a hearing of some kind.
Mr. Scharlin: The article 3514.5 indicates that after a
turn down by the Commission an applicant can reapply without
the time limitations of 3514.2 to prevent injustice, if this
Commission finds that is appropriate. I would like....
Mayor Ferre: I think with or without injustice, I would
imagine, that if this Commission finds that there is cause
and reason that we can, under the law....
Mr. Scharlin: The section specifically says that to prevent
injustice or to make the property concerned comply with the
comprehensive neighborhood plan.
Mayor Ferre: Those are the only reasons we can take the
matter up.
Mr. Scharlin: According to this particular section of the
code, those are the....
Mayor Ferre: What is injustice?
Mr. Scharlin: I'll read the article. "The time limitations
of 3514.2 may be waived by a vote of not less than three
members of the City Commission when such action is deemed
necessary to prevent injustice or to facilitate development
to the City in the context of the adopted comprehensive plan
or portions thereof."
Mayor Ferre: So it's broader than just injustice.
Mr. Scharlin: Yes.
Mayor Ferre: I wanted to make sure we understood that. Why
do you want us to hear this?
Mr. Scharlin: Article 28, pursuant to which the application
was heard calls for two public hearings before the
Commission. We had one public hearing, a full hearing in
September and appeared for a second one first in October,
which was deferred to November. At the November hearing we
appeared with all of our witnesses, all of our experts,
three traffic engineer, a hammock specialist, an
environmentalist, a botanist, etc., many people from the
neighborhood, and the opponents to our application appeared.
At the commencement of that hearing the opponents presented
to this Commission a large number of procedural deficiencies
that they claimed existed in our application to that point.
There were so many and so complicated that the Commission
considered it appropriate to stop the hearing, direct the
parties to submit a list of what they thought was procedural
deficiency to the City Attorney and ask her to come back to
them with her opinion as to whether or not they were
procedural deficiencies which made it inappropriate to go
forward. In connection with that procedure, the parties
were directed to meet with the City Attorney and meet with
the Planning Department to determine exactly what had been
done. Following the November hearing, the applicant met at
great length with the members of the Planning Department and
with the City Attorney's Department present, reviewed all
that had occurred, reviewed the file, and determined that
from the point of view of proper procedure, the best and the
sl 161 February 14, 1985
i
wisest cause was to go back and commence the procedure again
with a resubmission to the Planning Advisory Board. We did
that in the presence, we came to that conclusion in the
presence of and I believe with the agreement of the Planning
Department officials involved and the City Attorney. We
then came before the City Commission on December 12th
solely, in our opinion, to advise the Commission of what had
been discovered from this procedure of investigation and to
suggest that we were going back to appear before the
Planning Advisory Board and start the procedure again.
Because of the decision that had been reached with the
public officials, we did not have with us our witnesses, we
did not have here our supporters from the neighborhood, we
did not have any of our plans; we simply were unprepared to
make a second presentation in a public hearing. Therefore,
as a result of our understanding of the position of our
application at the December meeting, we were unable to have
a full fair public hearing. Therefore, I believe an
injustice would occur if we didn't have an opportunity to
proceed again, superimpose on that, the fact that this is a
very large piece of property, a very expensive piece of
property in which we have very substantial dollars invested,
the carrying cost, the economic impact on us, of holding
this property for the length of time involved after the
hearing experience that we had is a very substantial burden
and a very substantial and a very substantial, I believe,
injustice. In addition to that, market conditions change.
We have analyzed the area and the property and we believe
that this is an appropriate time to come forward with the
project for the City, for the community, and for ourselves.
We have no way of judging the effect of the months to come
on the economy and the City and on the financial community;
therefore, we may suffer very substantial economic burdens,
which are really beyond our doing. Therefore, in view of
all those factors, we would request that you, after
considering the matter, agree to waive the time limitations
imposed by 3514.2. If you do, if we have the opportunity to
go back, we will present through the Planning process
provided in article 28, a project which substantially
reduces the impact of the project on the community and in
the planning process, we will meet and confer with all
concerned groups that we can locate and make an effort to
satisfy concerns that they have, as to the project and its
impact on the community. Thank you very much.
Mr. Plummer: Does anyone want to speak in opposition?
Don't all rush at one time. Janet Cooper, for the record,
state your name.
Ms. Janet Cooper: My name is Janet Cooper. My office is at
169 E. Flagler Street. I'm here representing Friends of the
Everglades and the Sierra Club. To make the record
complete, it should be pointed out that there were three
applications heard at the same time and three applications
denied by this Commission. One was for a major use special
permit; two were for changes of zoning, which is why it is
necessary to come back for a waiver, unless they want to
wait the 18 months before submitting the application again.
Mr. Scharlin said that they would like you to prevent
injustice. They feel that the injustice occurred because
they had a misunderstanding of what the purpose of the
hearing was. Mr. Scharlin said that his misunderstanding of
what the purpose of the December hearing was arose from his
belief that it would be better for his position if it were
to go back to the PAB and start over again. Mr. Scharlin
said that they were unprepared when they came to the hearing
because they had that belief. I submit to you that there
are no reasonable grounds for him to have come to that
conclusion. I'm going to pass out to you know excerpts of
transcript from the November 15th Commission meeting and I
will point out certain comments to you.
sl 162 February 14, 1985
Mayor Ferre: While you're passing that out, there is a
letter from Jack Gordon, which I think is going to have to
be put into the record, where Jack Gordon says that it is
his intention to put this as special legislation to get is
passed as a special act for funding, so that the City will
be able to purchase that for park grounds. We need to get
that into the record, because that was a request. Will you
see if you can find that letter upstairs?
Ms. Cooper: I've just been informed by Commissioner Carollo
that he intends to leave at 9:00 which is in four minutes.
So I'm going to try to make it....
Mr. Carollo: We've informed the public since early this
morning, again in the afternoon that we finish at 9:00 and
we intend to leave at 9:00, especially today.
Ms. Cooper: I understand that and I wasn't complaining, I
was just trying to preface that I was going to try to speak
more quickly. On the first page, you will see that Mrs.
Dougherty.
Mayor Ferre: The point is that we are obviously not going
to conclude this by 9:00. So I think really what we need to
do is continue to the next meeting.
Mr. Carollo: Let me declare, if I might, a statement. When
I said especially today, I'm referring to it being St.
Valentine's Day.
Ms. Cooper: I would have no objection to deferring it to
the next meeting. I think you should hear all the issues.
Mayor Ferre: I don't mind staying and listening to it, but
I don't think, I think that is unfair in the sense that
we've been saying all along that we were going to break at
9:00.
Mr. Plummer: Mr. Mayor, the policy of this Commission is
and has been that at noon the last speaker is the last
speaker, and at 9:00 the last item is the last item. That
was the policy established. I'm assuming....
Mayor Ferre: Yes, but we also have JESCA, and we've got the
bonds, and there are a lot of other things that we have that
are very, very important items that we're not going to get
to vote to unless we continue.
Ms. Cooper: In addition, Mr. Mayor, this meeting was called
for 4:00 o'clock.
Mayor Ferre: No, that's not true. It's on the 4:00 o'clock
agenda. It doesn't say it was called for 4:00 o'clock.
Ms. Cooper: I believe the notices said 4:00 o'clock.
Mayor Ferre: Of course, there are ten items or twenty items
on the 4:00 o'clock agenda. You've been here long enough to
know what that means.
Ms. Cooper: Of course, the only point being that there were
a large number of people here from 4:00 until 6:00 or 7:00
and this didn't start until 8:45.
Mayor Ferre: Let me tell you, I was at a funeral yesterday.
I go all the way across the Island of Puerto Rico to stay at
a dingy little hotel at the airport so I can catch a 7:00
o'clock flight to be here for this meeting. So don't tell
me about people sitting around doing things.
sl 163 February 14, 1985
Olk ON. -
i
s
Ms. Cooper: I understand, I'm just saying that a deferral _
would be appropriate in that the people could come back and
you could hear all the people who have something to say to
I you.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mayor Ferre: What's the will of the Commission on this item
that we're presently hearing? s
Mr. Dawkins: There are a number of people out there who
wished to be heard. I do not want to deny them the right to
be heard. Therefore, I would move that it be continued to
the next meeting and put on at a time certain and that it be
i
item after the last item near that time.
Mayor Ferre: Is there a second to that motion?
4
Mr. Dawkins: What I said, J.L. was that there are a number
of people out there who wish to be heard on this item. I
wouldn't want to deny them their right to be heard.
Mayor Ferre: February 28th.
Mr. Dawkins: So I move it be continued to a time certain on
the 28th.
Mr. Carollo: Why don't you set a time? Set it for 6:30.
Is that all right with most people?
Mr. Dawkins: What is convenient, Janet, for the people?
Mr. David McCray: Mr. Mayor, this is David McCray speaking. -
My office address is 777 Brickell Avenue. With all due
respect, I would request that it be sent over to the
Commission on the March 14th hearing, because I will be out
of town on February 28th under irrevocable circumstances,
and would certainly appreciate the opportunity to address
the Commission and make my views known.
Mr. Scharlin: Mayor Ferre, the very substance of our being
here is the concern about time. There are many other people
to speak in addition to Mr. McCray. I would have no
objection to anything that he wanted written being read into
the record, so that the Commission and the public would have
the advantage of all his thoughts on this subject.
+ Mayor Ferre: There you have it. What's ... you made a
motion? Was it seconded?
Mr. Plummer: Was the motion the 28th?
Mayor Ferre: McCray has asked that it be March 14th. Mr.
Scharlin has asked that it be on the 28th.
Mr. Plummer: He seconds.
Mayor Ferre: You second on the 28th. What time?
Mr. Carollo: What time is convenient to most people here?
Is 6:30 a good time so that people can come after work?
Ms. Cooper: 6:30 would be a good time.
Mayor Ferre: Let's make it 6:00.
Mr. Carollo: Well, people may not have enough time.
sl 164 February 14, 1985
ON
i
I
Mayor Ferre: 6:309 O.K.
Mr. Plummer: 6:00 o'clock means 8:00.
Mr. Carollo: Mr. Mayor, can we stipulate in the resolution
that whatever item we're in when 6:30 comes, we drop it and
take this item up?
Mayor Ferre: I accept that in the motion.
Mr. Dawkins: I'll second the motion.
i
Mayor Ferre: O.K., call the roll on the continuation.
Mr. McCray: Mr. Mayor, one comment before you call the
roll. Perhaps, if I make I promise to make it brief, I can
make my comments tonight.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
a
MOTION NO. 85-121
A MOTION TO CONTINUE CONSIDERATION OF A
REQUEST BY MR. HOWARD SCHARLIN, KENNETH
TREISTER AND GERALD KATCHER FOR A WAIVER
OF THE TIME LIMITS CONTAINED IN SECTION
3514.5 OF THE CITY OF MIAMI ZONING CODE
IN CONNECTION WITH COMMODORE BAY PROJECT
TO THE MEETING OF FEBRUARY 28TH AT 6:30
O'CLOCK P.M.
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.
a ABSENT: None.
------ -------------------------------- ---
55 DISAPPROVE BID PROTEST ICI CONNECTION WITH BID 84-85 60-
EL.ECTRIC GOLF CARTS
------------------------------------------------------------
Mr. Rosencrantz: I don't want to pull item number 3, but I
do want to read into the record there was a protest to the
award of that bid. We have examined the protest, and found
it to be baseless. We've asked the law office to review the
protest and they concur that there is no basis for the
protest. We'd like the City Commission to pass an
appropriate resolution indicating that they... along with the
consent agenda.
Mayor Ferre: That's item 13.
Mr. Rosencrantz: No, 13 is different.
Mrs. Dougherty: That's item 3.
sl 165 February 14, 1985
ON
AN
Mayor Ferre: Item 3.
Mr. Rosencrantz: On item 13, I'd like Mr. Cox to take one
minute to explain to the change that is necessary there.
Mayor Ferre: We're running out of time, sir. I would
recommend that you pull 13, and you do it some other time.
Mrs. Dougherty: We could just tell you what the change is
real quickly.
Mayor Ferre: Do it quickly!
Mr. Ed Cox: The numbers have not changed, sir. We had a
protester who did not provide us the information quick
enough. We have agreed to buy three of his garbage packers.
The bottom line is not changed. You merely have to add one
vendor to your list and that vendor is the Waste Equipment
Leasing Limited Inc.
Mayor Ferre: Are there any other items to be pulled or
changed?
Mayor Ferre: Plummer moves item 3. Perez seconds,
separately, as amended and explained. Call the roll. This
is a resolution disapproving the bid protest filed in
connection with bid number 84-85-10 for the lease of 60
electric golf carts pursuant to the receipt of sealed bids
on November 19, 1984. Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-122-A
A RESOLUTION DISAPPROVING THE BID
PROTEST FILED IN CONNECTION WITH BID NO.
84-85-10 FOR THE LEASE OF 60 ELECTRIC
GOLF CARTS PURSUANT TO THE RECEIPT OF
SEALED BIDS ON NOVEMBER 19, 1984.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Perez, the
;
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
56 CONSENT AGENDA
Mr.
Rosencrantz:
Did
we
pass the consent agenda?
Mr.
Ralph Ongie:
No,
we
didn't.
sl
166 February 14, 1985
ti
Mayor Ferre: Pull item 27. Is there anything else other
than 27? Perez moves; Carollo seconds. Call the roll.
THEREUPON THE FOLLOWING RESOLUTIONS WERE
INTRODUCED BY COMMISSIONER PEREZ, SECONDED BY VICE
MAYOR CAROLLO, AND WERE 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.
56.1 ACCEPT BID: E-Z-GO, TEXTRON FOR GOLF CARTS AT
$48,240 A YEAR.
RESOLUTION NO. 85-122-B
A RESOLUTION ACCEPTING THE BID OF E-Z-GO, TEXTRON
FOR FURNISHING SIXTY (60) NEW ELECTRIC GOLF CARTS
ON A LEASE BASIS FOR FORTY EIGHT (48) MONTHS, TO
THE DEPARTMENT OF PARKS AND RECREATION AT A TOTAL
PROPOSED COST OF $489240.00 FOR ONE (1) YEAR; _
ALLOCATING FUNDS THEREFOR FROM THE 1984-85
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE PURCHASING OFFICER TO ISSUE PURCHASE
ORDERS FOR THIS EQUIPMENT.
56.2 ACCEPTING BIDS FOR AUTOMOBILE AND TRUCK TIRES AND
TUBES FROM VARIOUS COMPANIES AT $276,150 A YEAR.
RESOLUTION NO. 85-123
A RESOLUTION ACCEPTING THE BIDS OF BANNER DELTA
TIRES, INC. AT A TOTAL PROPOSED COST OF
$35,800.00, GOODYEAR TIRE AND RUBBER CO. AT A
TOTAL PROPOSED COST OF $929850.009 MARTINO TIRE
CO. AT A TOTAL PROPOSED COST OF $122,000.00,
REBEL INTERNATIONAL AT A TOTAL PROPOSED COST OF
$9,000.00 AND MIAMI TIRESOLES AT A TOTAL PROPOSED
COST OF $16,500.00 FOR FURNISHING AUTOMOBILE AND
TRUCK TIRES AND TUBES FOR VARIOUS CITY DEPARTMENTS
ON A CONTRACT BASIS FOR ONE YEAR AT A TOTAL
PROPOSED COST OF $2769150.00; ALLOCATING FUNDS
THEREFOR FROM THE 1984-85 OPERATING BUDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE PURCHASING OFFICER TO ISSUE PURCHASE
sl 167 February 14, 1985
i
ORDERS FOR THIS EQUIPMENT.
56.3 ACCEPT BIDS: OAKS WHOLESALE DISTRIBUTORS FOR 30
POLICE AUTOMOBILE PARTITIONS AT $5,070; LAWMEN'S
SHOOTERS SUPPLY FOR 20 ROOF -MOUNTED LIGHT BARS AT
$119167.60
RESOLUTION NO. 85-124
A RESOLUTION ACCEPTING THE BIDS OF OAKS WHOLESALE
DISTRIBUTORS FOR FURNISHING APPROXIMATELY THIRTY
(30) POLICE AUTOMOBILE PARTITIONS AT AN ESTIMATED
COST OF $59070.00 AND LAWMEN'S SHOOTERS SUPPLY FOR
FURNISHING APPROXIMATELY TWENTY (20) ROOF -MOUNTED
LIGHT BAR PACKAGES AT AN ESTIMATED COST OF
$11,167.60 AND APPROXIMATELY TWENTY (20) HAND-HELD
SPOTLIGHTS AT AN ESTIMATED COST OF $297.80 TO THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AT
A TOTAL PROPOSED COST OF $16,535.40; ALLOCATING
FUNDS THEREFOR FROM THE 1984-85 OPERATING BUDGETS
OF THE DEPARTMENTS OF POLICE AND BUILDING AND
VEHICLE MAINTENANCE; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE PURCHASING OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS EQUIPMENT.
56.4 ACCEPTING BID: SEFAC TRADING CORP. FOR JACKS/HOIST
SYSTEM FOR FIRE DEPT. AT $35,800
RESOLUTION NO. 85-125
A RESOLUTION ACCEPTING THE BID OF SEFAC TRADING
CORP. FOR FURNISHING ELECTRO MECHANICAL
JACKS/HOIST SYSTEM TO THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES AT A TOTAL COST OF
$35,800.00; ALLOCATING FUNDS THEREFOR FROM THE
FIRE GARAGE AND STATION 3 MODIFICATION AND
EXPANSION; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE PURCHASING OFFICER TO ISSUE PURCHASE
ORDERS FOR THIS EQUIPMENT.
56.5 ACCEPT BID: INDUSTRIAL BUILDING MAINTENANCE CORP.
FOR CUSTODIAL SERVICES FOR COMPUTER DEPT. AT
$8,055.60 PER YEAR.
RESOLUTION NO. 85-126
A RESOLUTION ACCEPTING THE BID OF INDUSTRIAL
BUILDING MAINTENANCE CORP. FOR FURNISHING
CUSTODIAL AND GROUND MAINTENANCE SERVICES AT THE
COMPUTER DEPARTMENT ON A CONTRACT BASIS FOR ONE
(1) YEAR RENEWABLE ANNUALLY TO THE DEPARTMENT •OF
BUILDING AND VEHICLE MAINTENANCE AT A TOTAL
PROPOSED FIRST YEAR COST OF $89055.60; 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
sl 168 February 14, 1985
IN
A
TO ISSUE PURCHASE ORDERS FOR THIS SERVICE.
56.6 ACCEPTING BID: OBENOUR ROOFING SHEET METAL &
SUPPLY CO. FOR RE -ROOFING LEMON CITY DAY CARE
CENTER FOR $79425•
RESOLUTION NO. 85-127
A RESOLUTION ACCEPTING THE BID OF OBENOUR ROOFING
SHEET METAL & SUPPLY CO. FOR FURNISHING ALL LABOR
AND MATERIALS FOR THE RE -ROOFING LEMON CITY DAY
CARE CENTER TO THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE AT A TOTAL PROPOSED COST OF
$7,425.00; 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 A PURCHASE ORDER FOR
THIS SERVICE AND MATERIAL.
56.7 ACCEPT BIDS FROM SOUTHERN COACH OF OCALA ($5,476)
AND RECHTIEN INTERNATIONAL TRUCKS ($6,290) FOR
REFURBISHING 2 FIRE VEHICLES
RESOLUTION NO. 85-128
A RESOLUTION ACCEPTING THE BIDS OF SOUTHERN COACH
OF OCALA AT A COST OF $5,476.00 AND RECHTIEN
INTERNATIONAL TRUCKS AT A COST OF $6,290.00 FUR
FURNISHING ALL LABOR AND MATERIALS TO REFURBISH
AND REPAINT TWO (2) FIRE VEHICLES TO THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
AT A TOTAL PROPOSED COST OF $119766.00; ALLOCATING
FUNDS THEREFOR FROM THE 1981 FIRE APPARATUS
ACQUISITION, REPLACEMENT, AND MODIFICATION BOND
FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS SERVICE.
56.8 ACCEPTING BIDS: CHLORIDE BATTERIES ($22,038),
TROPEX BATTERIES ($28,944), AND E-Z-GO TEXTRON
($99602) FOR AUTO BATTERIES
RESOLUTION NO. 85-129
A RESOLUTION ACCEPTING THE BIDS OF CHLORIDE
BATTERIES AT A PROPOSED COST $22,038.00, TROPEX
BATTERIES AT A PROPOSED COST OF $28,994.009 AND E-
Z-GO TEXTRON AT A PROPOSED COST OF $9,602.00 FOR
FURNISHING AUTOMOTIVE AND TRUCK BATTERIES ON A
CONTRACT BASIS FOR ONE (1) YEAR TO VARIOUS CITY
DEPARTMENTS AT A TOTAL PROPOSED COST OF
$609634.00; ALLOCATING FUNDS THEREFOR FROM THE
1984-85 OPERATING BUDGETS OF THE USING
DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
56.9 ACCEPT BIDS: AMMUNITION RELOADERS ($349875)9,
BUFFALO ROCK SHOOTERS SUPPLY ($149491), HARRIS
HOUSE AND AMMO, INC. ($1,920)1 LAW MAN'S AND
SHOOTERS SUPPLY, INC. ($2,725), OAKS WHOLESALE
DISTRIBUTORS ($7,172), SOUTHERN GUN DISTRIBUTORS
($1,200), AND 3-D INV, INC. MOW FOR
AMMUNITION ON A ONE YEAR CONTRACT
sl 169 February 14, 1985
A
RESOLUTION NO. 85-130
A RESOLUTION ACCEPTING THE BIDS OF AMMUNITION
RELOADERS IN THE AMOUNT OF $34,875.009 BUFFALO
ROCK SHOOTERS SUPPLY IN THE AMOUNT OF $14, 491 , 00,
HARRIS HOUSE AND AMMO, INC. IN THE AMOUNT OF
$ 1, 920.00, LAW MAN' S AND SHOOTERS SUPPLY, INC. IN
THE AMOUNT OF $29725.00, OAKS WHOLESALE
DISTRIBUTORS, IN THE AMOUNT OF $79172.009 SOUTHERN
GUN DISTRIBUTORS IN THE AMOUNT OF $19 200.00 AND
3-D INV, INC. IN THE AMOUNT OF $39900.00 FOR
FURNISHING AMMUNITION ON A CONTRACT BASIS FOR ONE
YEAR AT A TOTAL PROPOSED COST OF $66,283.00;
ALLOCATING FUNDS THEREFOR FROM THE 1984-85
OPERATING BUDGET OF THE DEPARTMENT OF POLICE;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE MATERIALS.
56.10 ACCEPT BID: BROWARD ELEVATOR SALES AND SERVICE CO.
FOR ONE YEAR SERVICE TO BLDG. AND VEHICLE MAINT.
DEPT. FOR $299940.
RESOLUTION NO. 85-131
A RESOLUTION ACCEPTING THE BID OF BROWARD ELEVATOR
SALES AND SERVICE CO. FOR FURNISHING ELEVATOR
MAINTENANCE ON A CONTRACT BASIS FOR ONE YEAR
RENEWABLE ANNUALLY, TO THE DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE AT A TOTAL PROPOSED FIRST
YEAR COST OF $29,940.00; ALLOCATING FUNDS THEREFOR
FROM THE 1984-85 OPERATING BUDGET; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS SERVICE.
56.11 ACCEPT BIDS: 15 SUPPLIERS FOR HEAVY EQUIPMENT FOR
$2,291,623.12
RESOLUTION NO. 85-132
A RESOLUTION ACCEPTING THE BIDS OF FIFTEEN (15)
SUPPLIERS AS IDENTIFIED BELOW AND INDICATED ON THE
ATTACHED TABULATION FOR FURNISHING APPROXIMATELY
110 PIECES OF HEAVY EQUIPMENT ON A CONTRACT BASIS
TO THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE FOR USE BY VARIOUS CITY DEPARTMENTS AT
A TOTAL PROPOSED AMOUNT OF $2,2919623.12;
ALLOCATING FUNDS THEREFOR FROM THE 1984-85
OPERATING BUDGET OF THAT DEPARTMENT IN THE AMOUNT
OF $2,252:964.12 AND 1984-85 OPERATING BUDGET OF
PARKS AND D RECREATION IN THE AMOUNT OF
$389659•00; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
sl 170 February 14, 1985
No
ki
56.13 ACCEPTING BID: JULES BROTHERS UNIFORMS FOR WORK
UNIFORMS ONE YEAR CONTRACT FOR $94,882.00
RESOLUTION NO. 85-133
A RESOLUTION ACCEPTING THE BID OF JULES BROTHERS
UNIFORMS FOR FURNISHING WORK UNIFORMS ON A
CONTRACT BASIS FOR ONE YEAR RENEWABLE ANNUALLY,
CITY WIDE AT A TOTAL PROPOSED FIRST YEAR COST OF
$94,882.00; ALLOCATING FUNDS THEREFOR FROM THE
1984-85 OPERATING BUDGET OF THE USING DEPARTMENTS;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE MATERIALS.
56.13 ACCEPTING BIDS OF 4 SUPPLIERS ; REJECTING BIDS FOR
6 BIDDERS FOR 120 LIGHT AUTOMOTIVE VEHICLES FOR
CITY USE
RESOLUTION NO. 85-134
A RESOLUTION ACCEPTING THE BIDS OF FOUR (4)
SUPPLIERS AT A PROPOSED COST OF $111,326.60;
REJECTING BIDS FROM 6 BIDDERS AND AUTHORIZING THE
PURCHASE FROM THREE SUPPLIERS UNDER A STATE OF
FLORIDA CONTRACT AT A PROPOSED COST OF
$904,958.36, AS INDICATED BELOW AND IDENTIFIED ON
THE ATTACHED TABULATION OF BIDS FOR FURNISHING
APPROXIMATELY 120 LIGHT AUTOMOTIVE VEHICLES ON A
CONTRACT BASIS TO THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE FOR USE BY SEVERAL CITY
DEPARTMENTS AT A PROPOSED GRAND TOTAL AMOUNT OF
$1,016.284.96; ALLOCATING FUNDS THEREFOR FROM THE
1984-85 OPERATING BUDGETS OF THE DEPARTMENTS AS
FOLLOWS; BUILDING AND VEHICLE MAINTENANCE -
$505,845.40, POLICE - $376,204.949 FIRE, RESCUE
AND INSPECTION SERVICE $13,429.40, OFFICE OF
PUBLIC INFORMATION- $69117.70, OFFICE OF STADIUMS
(ORANGE BOWL) - $14,155.92, OFFICE OF INTERNAL
AUDIT - $6,117.70, PUBLIC WORKS - $249470.80,
PARKS AND RECREATION $69,943.10; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS EQUIPMENT.
56.14 ACCEPTING BIDS: AMERICAN COMPUTER SUPPLY
($1,529.50), BURROUGHS CORP. ($289355.14)0 ALPHA
BUSINESS SERVICES ($258.48), A.M. ENTERPRISES, _
INC. ($609.45), ENFIELDS MIAMI PHOTO, INC.
($659.40), BELL AND HOWELL, INC. ($23,823), AND _
X.I.P.S. CORP. ($415) FOR ONE YEAR CONTRACT OF
COMPUTER SUPPLIES
RESOLUTION NO. 85-135
A RESOLUTION ACCEPTING THE BIDS OF AMERICAN
COMPUTER SUPPLY IN THE AMOUNT OF $1,529.50, -
BURROUGHS CORPORATION IN THE AMOUNT OF $28,355.14, -
ALPHA BUSINESS SERVICES IN THE AMOUNT OF $258.48,
A.M. ENTERPRISES, INC. IN THE AMOUNT OF $6o9.45,
ENFIELDS MIAMI PHOTO, INC., IN THE AMOUNT OF
$659.40, BELL AND HOWELL, INC. IN THEE AMOUNT OF
$23,823.00 AND X.I.P.S. CORPORATION IN THE AMOUNT
OF $415.00 FOR FURNISHING COMPUTER SUPPLIES ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND, TO THE DEPARTMENT OF COMPUTERS AT A TOTAL
PROPOSED FIRST YEAR COST OF $55,649.97; ALLOCATING
FUNDS THEREFOR FROM THE 1984-85 OPERATING BUDGET
sl 171 February 14, 1985
Y
rd5M., F
OF THE DEPARTMENT OF COMPUTERS; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THESE MATERIALS.
56.15 ACCEPTING BID: CLINICA LAS MERCEDES, INC. FOR
RADIOLOGY SERVICES FOR $20,000 A YEAR
RESOLUTION NO. 85-136
A RESOLUTION ACCEPTING THE BID OF CLINICA LAS
MERCEDES, INC. FOR FURNISHING RADIOLOGY SERVICES
ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE
ANNUALLY TO THE DEPARTMENT OF HUMAN RESOURCES AT A
TOTAL PROPOSED FIRST YEAR COST OF $20,000.00;
ALLOCATING FUNDS THEREFOR FROM THE 1984-85
OPERATING BUDGETS OF THE DEPARTMENT OF POLICE AND
THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
56.16 ACCEPTING BID: P.N.M. CO. FOR MANOR STORM SEWER
PROJECT FOR $64,335.50
RESOLUTION NO. 85-137
A RESOLUTION ACCEPTING THE BID OF P.N.M.
CORPORATION IN THE PROPOSED AMOUNT OF $64,335.50
BID "A" OF THE PROPOSAL, FOR MANOR STORM SEWER
PROJECT WITH MONIES THEREFOR ALLOCATED FROM THE
"MANOR STORM SEWERS" ACCOUNT IN THE AMOUNT OF
$649335.50 TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF $9,000.50 TO COVER
THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID
FUND THE AMOUNT OF $19285.00 TO COVER THE COST OF
SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT
OF $379.00 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
MANOR STORM SEWER PROJECT (BID "A") UPON
SATISFACTORY COMPLETION OF SAID CONSTRUCTION; SAID
NOTICE SHALL BE PUBLISHED IN COMPLIANCE WITH THE
PROVISIONS OF RESOLUTION NO. 84-459' ADOPTED
JANUARY 199 1984, CONCERNING THE PUBLICATION OF
CITY NOTICES.
56.17 ACCEPTING BID: STANDARD REGISTER CO. FOR PRINT-OUT
BURSTER MACHINE FOR $11,450.04
RESOLUTION NO. 85-138
A RESOLUTION ACCEPTING THE BID OF STANDARD
REGISTER CO. FOR FURNISHING A DATA PRINT-OUT
BURSTER MACHINE TO THE DEPARTMENT OF FINANCE AT A
TOTAL COST OF $11,450.04; ALLOCATING FUNDS
THEREFOR FROM THE PRIOR YEAR RESERVE FUND;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
sl 172 February 14, 1985
56.18 ACCEPTING BID: GARCIA-ALLEN CONSTRUCTION CO. FOR
MANOR STORM SEWER PROJECT FOR $929,874.71
RESOLUTION NO. 85-139
A RESOLUTION ACCEPTING THE BID OF GARCIA-ALLEN
CONSTRUCTION CO., INC. IN THE PROPOSED AMOUNT OF
$929,874.71, BIDS "B" AND "C" OF THE PROPOSAL, FOR
MANOR STORM SEWER PROJECT WITH MONIES THEREFOR
ALLOCATED FROM THE "MANOR STORM SEWERS" ACCOUNT IN
THE AMOUNT OF $9299874.71 TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID FUND THE AMOUNT OF
$130,182.29 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE AMOUNT OF $18,593.00
TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM
SAID FUND THE AMOUNT OF $59350.00 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
GARCIA-ALLEN CONSTRUCTION CO., INC. OF MANOR STORM
SEWER PROJECT (BIDS "B" 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 19, 1984,
CONCERNING THE PUBLICATION OF CITY NOTICES.
56.19 ACCEPT BID: MURTON ROOFING CORP. FOR ROOF
REPLACEMENT OF COCONUT GROVE EXHIBITION CENTER
MEZZANINE AT $22,850.00
RESOLUTION NO. 85-140
Ek A RESOLUTION ACCEPTING THE BID OF MURTON ROOFING
CORP. IN THE PROPOSED AMOUNT OF $22,850.00 BASE
BID OF THE PROPOSAL, FOR COCONUT GROVE EXHIBITION
CENTER MEZZANINE - ROOF REPLACEMENT WITH MONIES
THEREFOR ALLOCATED FROM THE "COCONUT GROVE
EXHIBITION CENTER - ADDITIONAL WORK' ACCOUNT IN
THE AMOUNT OF $22,850.00 TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID FUND THE AMOUNT OF
$3,195.00 TO COVER THE COST OF PROJECT EXPENSE;
,t ALLOCATING FROM SAID FUND THE AMOUNT OF $455.00 TO
COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM
SAID FUND THE AMOUNT OF $1,300.00 TO COVER THE
INDIRECT COST AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
56.20 ACCEPTING BID: INDUSTRIAL BUILDING MAINTENANCE
CORP. FOR CUSTODIAL SERVICES AT ADMINISTRATION
BUILDING FOR $45,276 FOR ONE YEAR
RESOLUTION NO. 85-141
A RESOLUTION ACCEPTING THE BID OF INDUSTRIAL
BUILDING MAINTENANCE CORP. FOR FURNISHING
CUSTODIAL SERVICES AT THE ADMINISTRATION BUILDING
ON A CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE
ANNUALLY TO THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE AT A TOTAL PROPOSED FIRST YEAR COST OF
$45,276.00; 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.
sl 173 February 14, 1985
56.21 $30,000 SETTLEMENT TO EDWARD P. BUSCH, AND MOZELL
STURRUP
RESOLUTION NO. 85-142
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO EDWARD P. BUSCH, ESQUIRE, AND MOZELL
STURRUP, INDIVIDUALLY, AND MOZELL STURRUP AS
MOTHER AND LEGAL GUARDIAN OF ARRATIN STURRUP, A
MINOR, THE SUM OF THIRTY THOUSAND DOLLARS, IN
SEPARATE CHECKS PAYABLE AS FOLLOWS: TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00) TO ARRATIN STURRUP
AND HIS ATTORNEY, EDWARD BUSCH, AND FIVE THOUSAND
DOLLARS ($5000.00) TO MOZELL STURRUP, MOTHER AND
EDWARD BUSCH, ATTORNEY, PAYABLE FIVE THOUSAND
DOLLARS PER YEAR COMMENCING IN 1985; WITHOUT THE
ADMISSION OF LIABILITY, IN FULL, AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY
PROTECTION LIENS, PROPERTY DAMAGE CLAIMS, CLAIMS,
AND DEMANDS AGAINST THE CITY OF MIAMI, AND UPON
EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL
CLAIMS AND DEMANDS.
56.22 SETTLEMENT: CHARRON V. ADKINS $10,000
RESOLUTION NO. 85-143
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO CHARRON V. ADKINS THE SUM OF TEN
THOUSAND DOLLARS ($109000) WITHOUT THE ADMISSION
OF LIABILITY IN FULL AND COMPLETE SETTLEMENT OF
ALL BODILY INJURY, PERSONAL INJURY, PROTECTION
LIENS, CLAIMS, DEMANDS AGAINST THE CITY OF MIAMI
AND UPON THE EXECUTION OF A RELEASE RELEASING THE
CITY FROM ALL CLAIMS AND COUNTERCLAIMS AND
DEMANDS.
56.23 AGREEMENT WITH STANLEY, HOLCOMBE & ASSOC. FOR
ACTUARIAL SERVICES
RESOLUTION NO. 85-144
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY BETWEEN THE CITY
OF MIAMI AND STANLEY, HOLCOMBE & ASSOC., FOR
ACTUARIAL SERVICES AS REQUIRED BY THE MIAMI CITY
EMPLOYEES' RETIREMENT SYSTEM, USING FUNDS NOT TO
EXCEED $10,000.00 THEREFOR FROM CURRENTLY
APPROPRIATED FUNDS.
56.24 AGREEMENT WITH STANLEY, HOLCOMBE & ASSOC. FOR
ACTUARIAL SERVICES
RESOLUTION NO. 85-145
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY
OF MIAMI AND STANLEY, HOLCOMBE & ASSOC. FOR
ACTUARIAL EXPERIENCE SERVICES AS REQUIRED BY THE
MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN,
USING FUNDS THEREFOR NOT TO EXCEED $6,000.00 FROM
CURRENTLY APPROPRIATED FUNDS.
sl 174 February 14, 1985
56.25 AGREEMENT WITH THE BAY OF PIGS VETERANS ASSOC. FOR
RENOVATION OF PROPOSED BAY OF PIGS HISTORICAL
HOUSE PROJECT —
RESOLUTION NO. 85-146
r
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, BETWEEN THE CITY AND THE BAY OF
PIGS VETERANS ASSOCIATION FOR THE PURPOSE OF
IMPLEMENTING THE RENOVATION OF THE PROPOSED BY OF
PIGS HISTORICAL HOUSE PROJECT AND DEFINING THE -
FUNCTIONS SAND RESPONSIBILITIES OF THE CITY AND
THE ASSOCIATION IN CONNECTION WITH THIS PROJECT.
56.26 ACCEPTING PROPOSAL OF DELAHANTY & ASSOC., MAI
APPRAISER TO ESTABLISH FAIR MARKET VALUE OF NORTH -
MIAMI ESTATES SUBDIVISION PROPERTY
RESOLUTION NO. 85-147
A RESOLUTION ACCEPTING THE PROPOSAL OF DELAHANTY &
ASSOCIATES, INC., MAY APPRAISER, FOR A FEE OF
$49700 PLUS EXPERT WITNESS FEES OF $100 PER HOUR,
TO APRAISE, FOR THE PURPOSE OF ESTABLISHING FAIR
MARKET VALUE, 2 SQUARE BLOCKS OF PROPERTY AND THE -
IMPROVEMENTS THEREON, SAID PROPERTY LEGALLY -
DESCRIBED AS BLOCKS 59 AND 60, ALL IN NORTH MIAMI
ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK 5 AT
PAGE 48; BOUNDED ON THE NORTH BY NW 37 STREET;
WEST BY NW 13 AVENUE; SOUTH BY NW 36 STREET; EAST
BY NW 12 AVENUE; ALLOCATING FUNDS TO COVER THE _
COST OF THE APPRAISAL FROM COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
�} 56.27 ALLOCATION OF $19000 FOR 2250 TICKETS FOR ANNUAL
METRO-MIAMI POLICE "PIG BOWL"
RESOLUTION NO. 85-148
A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING
THE ALLOCATION OF $1,000.00 FROM SPECIAL PROGRAMS
AND ACCOUNTS, CONTINGENT FUND, FOR THE PURCHASE OF
TWO HUNDRED FIFTY (250) TICKETS FOR THE ANNUAL
METRO-MIAMI POLICE "PIG BOWL" FOR DISTRIBUTION
AMONG UNDERPRIVILEDGED CHILDREN AS A COMMUNITY
RELATIONS GESTURE FROM THE CITY.
56.28 $1000 TO MIAMI GENERATION IN CONNECTION WITH MIAMI
GENERATION/9 CUBAN-AMERICAN ARTISTS
RESOLUTION NO. 85-149
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$1000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, TO MIAMI GENERATION, IN
CONNECTION WITH THE MIAMI GENERATION/9 CUBAN-
AMERICAN ARTISTS; SAID ALLOCATION BEING CONTINGENT
UPON AN EQUAL OR GREATER MATCHING GRANT ALLOCATION
BY METROPOLITAN DADE COUNTY AND UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE
POLICY NO. APM-1-84, DATED JANUARY 24, 1984.
56.29 $45000 IN SUPPORT OF CARNAVAL MIAMI AND PASEO
sl 175 February 14, 1985
7
RESOLUTION NO. 85-150
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$45,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF CARNAVAL MIAMI AND
PASEO, TO BE HELD IN MIAMI ON MARCH 2 AND 3, 1985;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; CLOSING CERTAIN STREETS TO THROUGH
VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN
MALL DURING SPECIFIED HOURS FOR THE PASEO EVENT ON
MARCH 3, 1985 AND FOR AN 8K RACE ON MARCH 89 1985;
SAID STREET CLOSINGS SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
RESCUE AND INSPECTION SERVICES; ESTABLISHING THE
AREA PROHIBITED TO RETAIL PEDDLERS DURING THE
PERIOD OF THE EVENT; ALLOWING THE SALE OF BEER FOR
A ONE -DAY PERIOD BY THE LITTLE HAVANA TOURIST
AUTHORITY IN CONNECTION WITH THE PASEO EVENT TO BE
HELD ON BISCAYNE BOULEVARD, SUBJECT TO THE
ISSUANCE OF ALL REQUIRED PERMITS; FURTHER RELAXING
THE LIMITATIONS ON THE DISPLAY OF FIREWORKS TO
ALLOW THE STAGING OF PYROTECHNIC DISPLAYS IN THE
ORANGE BOWL STADIUM UNTIL 11:30 PM ON MARCH 2,
1985 AND IN VIZCAYA UNTIL 10:00 PM ON MARCH 9,
1985, SUBJECT TO THE ISSUANCE OF A PERMIT BY THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES.
56.30 $35,000 IN SUPPORT OF CALLE OCHO
RESOLUTION NO. 85-151
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$35,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF CALLE OCHO, TO BE
HELD IN MIAMI ON MARCH 10, 1985; AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT SUBJECT TO
THE APPROVAL OF THE CITY ATTORNEY; CLOSING CERTAIN
STREETS TO THROUGH VEHICULAR TRAFFIC AND
ESTABLISHING A PEDESTRIAN MALL DURING SPECIFIED
HOURS FOR THIS EVENT; SAID STREET CLOSING SUBJECT
TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF
POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
ESTABLISHING THE AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT; FURTHER
ALLOWING THE SALE OF BEER AND WINE FOR A ONE -DAY
PERIOD BY THE KIWANIS CLUB OF LITTLE HAVANA IN
CONNECTION WITH THIS EVENT, SUBJECT TO THE
ISSUANCE OF ALL REQUIRED PERMITS.
56.31 $5000 FOR BILLFISH TOURNAMENT
RESOLUTION NO. 85-152
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$5000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE 1985 GREATER
MIAMI ANNUAL BILLFISH TOURNAMENT; SAID ALLOCATION
BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84,
DATED JANUARY 24, 1984.
sl 176 February 14, 1985
56.32 $89540 FOR DANCE BY OMEGA PSI PHI FRATERNITY
RESOLUTION NO. 85-153
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$89540 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY
OF LIFE FUND, TO COVER THE COST OF RENTAL AND
EVENT PERSONNEL FOR THE COCONUT GROVE EXHIBITION
CENTER FOR A DANCE TO BE HELD ON FEBRUARY 22, 1985
BY THE OMEGA PSI PHI FRATERNITY; SAID ALLOCATION
BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
CITY OF MIAMI ADMINISTRATIVE POLICY NO,. APM-1-84,
DATED JANUARY 249 1984.
56.33 $10,000 IN SUPPORT OF MINI GRAND PRIX
RESOLUTION NO. 85-154
A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING
THE ALLOCATION OF AN AMOUNT NOT TO EXCEED $10,000
FROM THE CONTINGENT FUND, SPECIAL PROGRAMS AND
ACCOUNTS, IN SUPPORT OF THEE MINI GRAND PRIX TO
BE HELD FEBRUARY 15-17, 19859 AND FURTHER
REQUIRING ALL PROCEEDS TO BE EQUALLY DISTRIBUTED
TO 1) THE URBAN LEAGUE OF GREATER MIAMI; 2)
SWITCHBOARD OF MIAMI, INC.; AND 3) LITTLE HAVANA
ACTIVITY AND NUTRITION CENTER; SAID ALLOCATION
BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
THE CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-
849 DATED JANUARY 24, 1984.
56.34 $3500 TO DR. MARTIN LUTHER KING, JR. BIRTHDAY
CELEBRATION COMMITTEE
RESOLUTION NO. 85-155
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$3500 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, TO THE DR. MARTIN LUTHER KING,
JR. BIRTHDAY CELEBRATION COMMITTEE; FURTHER
ALLOCATING A SUM NOT TO EXCEED $2080.08 FROM THE
OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND
RECREATION FOR IN -KIND SERVICES; FURTHER
ALLOCATING AN AMOUNT NOT TO EXCEED $40.00 FROM
SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE
FUND, FOR FEE WAIVERS IN SUPPORT OF THE 1985
MARTIN LUTHER KING, JR. PARADE; SAID ALLOCATIONS
BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84,
DATED JANUARY 24, 1984.
56.35 ELEVEN DAY CARNIVAL BY LATIN CHAMBER
RESOLUTION NO. 85-156
A RESOLUTION AUTHORIZING THE LATIN CHAMBER OF
COMMERCE OF THE UNITED STATES TO HOLD AN ELEVEN
DAY CARNIVAL BEGINNING FEBRUARY 28, 1985 AND
ENDING MARCH 109 1985 ON THE GROUNDS OF FLAGLER
DOG TRACK, 401 N.W. 38TH COURT, MIAMI FLORIDA;
FURTHER DECLARING THAT SAID CARNIVAL SHALL NOT BE
CONSIDERED AS ONE OF THE TWO ALLOTTED EVENTS PER
SITE PER YEAR FOR ACTIVITIES OF THIS TYPE.
sl 177 February 14, 1985
56.36 INCREASING CITY CONTRIBUTION TO RETIREES FROM 1$
TO 1.5$
RESOLUTION NO. 85-157
A RESOLUTION INCREASING THE CITY'S CONTRIBUTION TO
RETIREES FROM ONE PERCENT (1%) TO ONE AND A HALF
PERCENT ( 1.5%)9 AT A COST OF $250,000 TO THE CITY
FOR THE REMAINING NINE (9) MONTHS OF FY-85,
FUNDING IN A LIKE AMOUNT IS AVAILABLE FROM THE FY-
85 SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND
BUDGET.
9A.17 SCRIVENER'S ERROR IN R-84-1416.1 - MARISA PARES
APPOINTMENT TO CODE ENFORCEMENT BOARD
RESOLUTION NO. 85-158
A RESOLUTION CORRECTING A SCRIVENER'S ERROR IN
RESOLUTION NO. 84-1416.1, ADOPTED DECEMBER 13,
1984 WHICH HAD APPOINTED AN INDIVIDUAL, MARISA
PARES, TO THE CITY'S CODE ENFORCEMENT BOARD TO
SERVE A TERM EXPIRING FEBRUARY 11, 1985 BY
AMENDING SAID RESOLUTION TO REFLECT THE CORRECT
EXPIRATION DATE OF FEBRUARY 99 1987.
SCRIVENER'S ERROR IN R-84-884, APPOINTMENT OF
MAUDE NEWBOLD TO CODE ENFORCEMENT BOARD
RESOLUTION NO. 85-159
A RESOLUTION CORRECTING A SCRIVENER'S ERROR IN
RESOLUTION NO. 84-884, ADOPTED JULY 31, 1984 WHICH
HAD APPOINTED MAUDE NEWBOLD, TO THE CITY'S CODE
56.39 SCRIVENER'S ERRORS IN R-84-11419 CONCERNING
BRICKELL BAY OFFICE TOWER PROJECT
RESOLUTION NO. 85-160
A RESOLUTION CORRECTING SCRIVENERS' ERRORS IN
SECTIONS 2 AND 3 OF RESOLUTION NO. 84-1141,
ADOPTED OCTOBER 10, 19849 ENTITLED: "A RESOLUTION
CONCERNING THE BRICKELL BAY OFFICE TOWER PROJECT
LOCATED AT APPROXIMATELY1005 SOUTH BAYSHORE DRIVE,
(MORE PARTICULARLY DESCRIBED HEREIN), A
DEVELOPMENT OF REGIONAL IMPACT PROPOSED BY C. —
ROBERT CUSIC, TRUSTEE; MAKING FINDINGS;
AUTHORIZING A DEVELOPMENT ORDER; APPROVING SAID
PROJECT WITH MODIFICATIONS SUBJECT TO THE
CONDITIONS OF THE DEVELOPMENT ORDER, THE -
APPLICATION FOR DEVELOPMENT ATPROVAL, AND THE
REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL; PROVIDING THAT THE
PERMIT SHALL BE BINDING ON THE APPLICANT AND
SUCCESSORS IN INTEREST; FURTHER, DIRECTING THE
CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION
AND DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE
DEVELOPER" BY AMENDING SECTION 3 OF SAID _
RESOLUTION NO. 84-1141 TO PROVIDE SUBSTITUTE
LANGUAGE FOR THE TERM ".PARTIES" AND BY AMENDING
SECTION 2 OF SAID RESOLUTION NO. 84-1141 IN WHICH -
A DEVELOPMENT ORDER WAS ISSUED, SAID ORDER HAVING
BEEN INCORPORATED BY REFERENCE IN SAID SECTION 2,
TO DELETE CONDITION 24 FROM SAID ORDER AS BEING
REDUNDANT; FURTHER DETERMINING THE SECTION 3
AMENDMENT TO BE NON -SUBSTANTIVE IN NATURE AND THE
SECTION 2 AMENDMENT TO BE A MODIFICATION IN FORM
ONLY AND OF A TECHNICAL NATURE WITH NO IMPACT UPON
THE SUBSTANCE OR EFFECT OF SAID DEVELOPMENT ORDER,
WITH THE AMENDMENTS, SEPARATELY OR COMBINED, BEING
DETERMINED TO BE CHANGES WHICH ARE NOT A
SUBSTANTIAL DEVIATION FROM THE TERMS AND
CONDITIONS OF THE DEVELOPMENT ORDER ISSUED OCTOBER
10, 1984 AND BEING FOUND AS NECESSARY OR HELPFUL
FOR EFFECTIVE MONITORING AND ENFORCEMENT OF THE
SAID DEVELOPMENT ORDER; FURTHER DIRECTING THE CITY
CLERK TO SEND COPIES OF THE HEREIN RESOLUTION TO
AFFECTED AGENCIES AND THE DEVELOPER; PROVIDING FOR
AN EFFECTIVE DATE OF MARCH 15, 1985.
57 ALLOCATE $35,000 MIAMI DADE TRADE A TOURISM COMMISSION
WITH CONDITIONS
Mr. Rosencrantz: Mr. Mayor, one other item I want
Commission action. It has to do with the Miami Dade Trade
and Tourism group. We'd like the authority to make a
payment to them of $359000 after they have complied with the
audit requirements and the administration requirements to
make sure the money....
Mr. Plummer: So move.
Mayor Ferre: Plummer moves.
Mr. Plummer: Carollo seconds.
Mayor Ferre:
the roll.
Carollo seconds.
Further discussion? Call
sl 179 February 14, 1985
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-161
A RESOLUTION ALLOCATING $35,000 FROM SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN'
SUPPORT OF THE MIAMI DADE TRADE AND TOURISM
COMMISSION (MDTTC) FOR THE PURPOSE OF PARTLY
DEFRAYING THE COST OF THE ORGANIZATION'S
EXPENDITURES AND PROJECTED EXPENSES FROM THE
PERIOD OF AUGUST 1, 1984 THROUGH MARCH 319
1985; SAID MONIES ARE NOT TOO BE DISBURSED
TO MDTTC UNTIL ALL OF THE AUDIT PROBLEMS OF
THE ORGANIZATION ARE RESOLVED TO THE
SATISFACTION OF THE CITY'S OFFICE OF
INTERNAL AUDIT.
(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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo —
Mayor Maurice A. Ferre =-
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
58 AUTHORIZE AGREEMENT: OLBARY BROKAW A ASSOCIATES INC.
CHIEF FIRE OFFICER ASSESSMENT CENTER CONSULTANT
Mr. Plummer: I move 83.
Mayor Ferre: Item 83, Carollo seconds. Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-162
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT BETWEEN THE CITY AND
O'LEARY, BROKAW AND ASSOCIATES, INC., AS A
CHIEF FIRE OFFICER ASSESSMENT CENTER
CONSULTANT, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS SET FORTH IN THE ATTACHED
AGREEMENT, WITH FUNDS ALLOCATED FROM
ACCUMULATED SALARY SAVINGS FROM THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the
resolution was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
sl 180
February 14, 1985
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
59 AUTHORIZE EMPLOYMENT 6 LEGAL CLERKS - COLLEGE WORK STUDY
PROGRAM OFF CAMPUS PROJECT
------------------------------------------------------------
Mayor Ferre: Plummer moves 84 for the legal clerks.
Carollo seconds. Further discussion 84, 85, the clerks.
Call the roll on 84.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-163
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF
UP TO SIX LEGAL CLERKS IN ACCORDANCE WITH
THE ATTACHED COLLEGE WORK STUDY PROGRAM OFF -
CAMPUS PROJECT AGREEMENT BETWEEN THE CITY OF
MIAMI AND THE UNIVERSITY OF MIAMI, USING
BUDGETED FUNDS OF THE LAW DEPARTMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY AGREEMENTS TO
IMPLEMENT THE HEREIN AUTHORIZATION.
(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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
----------------------------------------------------------
60 AUTHORIZE CITY ATTORNEY TO EMPLOY AMY DEAN ESQ. TO SERVE
AS CONSULTANT: MIKELE CARTER VS CITY A JOSE GARCIA
PEDROSA
------------------------------------------------------------
Mayor Ferre:
roll.
Plummer moves 85, Carollo seconds. Call the
t.'
sl
181 February 14, 1985
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-164
A RESOLUTION AUTHORIZING THE CITY ATTORNEY
TO EMPLOY AMY DEAN, ESQUIRE, OF THE LAW FIRM
OF BROAD & CASSEL, TO SERVE AS CONSULTANT IN
CONNECTION WITH THE CASE OF MIKELE CARTER
VS. CITY OF MIAMI AND JOSE GARCIA-PEDROSA,
USING MONIES THEREFOR FROM SPECIAL PROGRAMS
AND ACCOUNTS LEGAL SERVICES ACCOUNT.
(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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
61 DIRECT CITY MANAGER TO PURCHASE 1-PAGE ADVERTISEMENT IN
"JET" MAGAZINE IN CONSIDERATION OF THEIR PUBLICITY
EFFORTS IN BEHALF OF THE CITY
Mayor Ferre: Jet Magazine, Plummer, Jet Magazine.
Mr. Plummer: INAUDIBLE COMMENTS NOT ENTERED IN PUBLIC
MICROPHONE... make the City look good, purchase of one -page
ad at the cost of not to exceed $13,000. It's the same
thing that was done by the tourist tax.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mayor Ferre: Dawkins $9,000 or something...
Mr. Plummer: Thirteen.
Mayor Ferre: That's for color.
Mr. Dawkins: $9,000 I'll move it.
Mr. Plummer: I'll second it.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
sl
MOTION NO. 85-165
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO PURCHASE A ONE PAGE
ADVERTISEMENT IN "JET MAGAZINE", AT A
TOTAL COST OF $900009 IN CONSIDERATION
OF THE FINE JOB THEY ARE DOING IN
PUBLICITY EFFORTS ON BEHALF OF THE CITY
OF MIAMI.
182 February 14, 1985
(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 -
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
62 ALLOCATE $39145.83 10TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS ($379'750 1/12TH FUNDING TO MLKEDCO MARTIN
LUTHER KING DEVELOPMENT CORPORATION)
------------------------------------------------------------ -
Mr. Dawkins: I move 80.
Mayor Ferre: Which is 80?
Mr. Rosencrantz: That's the funding of MLK.
Mayor Ferre: There is a second by Plummer. Is there
further discussion?
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-166
A RESOLUTION ALLOCATING $39145.83 OF
TENTH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS APPROPRIATED BY THE PASSAGE
OF ORDINANCE #98-34 AND MOTION #84-775
TO THE MARTIN LUTHER KING 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.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
sl
183 February 14, 1985
63 RETAINING LAW FIRM OF GREENBERG, TRAURIG, ASKEW, HOFFMAN
ETC AS LOCAL BOND COUNSEL TO ASSIST BROWN, WOOD, IVEY,
MITCHELL & PETTY - 1985 SALE OF GENERAL OBLIGATION
BONDS.
Mayor Ferre: Bond counsel, I would recommend that we go to
Greenberg, Traurig, was the next one in line for bond
counsel. Where did Miller go?
Mr. Rosencrantz: Item 81 on the agenda.
Mayor Ferre: Plummer moves, if you get Miller in here.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mayor Ferre: Greenberg Traurig.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-167
A RESOLUTION RETAINING THE LAW FIRM OF
GREENBERG TRAURIG ASKEW HOFFMAN LIPOFF
ROSEN & QUENTEL TO SERVE AS LOCAL BOND
CO -COUNSEL TO ASSIST THE FIRM OF BROWN,
WOOD, IVEY, MITCHELL & PETTY WITH
RESPECT TO THE 1985 SALE OF GENERAL
OBLIGATION BONDS OF THE CITY OF MIAMI.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:09 P.M.
Maurice A. Ferre
N A Y 0 R
ATTEST:
Ralph G. Ongie
CITY CLERK
Natty Hirai
ASSISTANT CITY CLERK
sl 184 Febr uary 14, 1985
I to V F IVJAMI
n
i
ft
�OCUMENT
INDEX
MEETING DATE
FEBRUARY 14, 1985.
DOCUNT IDENTIFICATION I COACTIONON AND CODERETREVO. ME -
CONCERN 1985 ST. PATRICK'S DAY PARADE/IRISH
FESTIVAL ON MARCH 16, AND 17, 1985. STABLISH
PROHIBITED AREA TO RETAIL PEDDLERS AND ALLOW
TO SALE BEER FOR A ONE DAY SUBJECT TO THE
ISSUANCE OF ALL REQUIRED PERMIT.
EXPRESS DEEPEST SYMPATHY/SINCEREST CONDOLENCES
OF CITY COMMISSION ON BEHALF OF CITY OF MIAMI
,AND ITS CITIZENS TO THE FAMILY/FRIENDS OF
HERMAN FERRE, UPON HIS DEATH.
EXPRESS DEEPEST SYMPATHY/SINCEREST CONDOLENCES
OF CITY COMMISSION, ON BEHALF OF CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY/FRIENDS
OF ROLANDO SABINES, UPON HIS DEATH.
ESTABLISH PROHIBITED AREA TO RETAIL PEDDLERS ON
FEBRUARY 23 AND 24, 1985, IN CONNECTION WITH
1985 MIAMI GRAND PRIX.
URGE MIAMI MOTORSPORTS INC. TO PROHIBIT VEHICLE
SPONSORED BY REPUBLICS OF SOUTH AFRICA/NAMIBIA
FROM COMPETE IN THE MIAMI GRAND PRIX.
ALLOCATE $8,345.75 FOR FEE WAIVERS IN CONNEC-
TION WITH THE MARCH OF DIMES WALKAMERICA
ON MARCH 23, 1985. AUTHORIZE $2,700 IN IN -
KIND SERVICES, IN SUPPORT OF THE EVENT, AND
TO DISPENSE BEER AT NOT CHARGE IN PEACOCK
PARK ON MARCH 23, 1985.
AMEND RESOLUTION NO.84-1350 (DECEMBER 13,
1984) WHICH ALLOCATED $4,000. IN SUPPORT
OF THE MIAMI CITY BREAKERS TO COVER COST
OF TRANPORTATION TO A BREAK DANCE CONTEST
IN SAN, JUAN PUERTO RICO (DECEMBER 13, 1985).
AMEND SECTION 1 OF RESOLUTION NO. 84-1309 ADOP-
TED NOVEMBER 15, 1984 IN CONNECTION WITH
" THE 15TH. ANNUAL •BUDWISER UNLIMITED HYDRO-
PLANE REGATTA".
i
AGREEMENT WITH GROVITES UNITED TO SURVIVE
(GUTS) INC. ($500,000). REDEVELOPMENT PRO-
PERTY AT GRAND AVENUE AND DOUGLAS ROAD INTO
A COMMERCIAL COMPLEX.... ETC.
: •1
85-91
85-93
85-95
.DOCUMENT INDE�
CONTINUED
DpCLp4ENT IDENTIFICATION
ALLOCATE $7,000 FROM S.P.A.C.F. IN SUPPORT
OF THE JOSE MARTI BRANCH OF THE YOUNG MEN'S
CHRISTIAN ASSOCIATION. (Y.M.C.A.).
AUTHORIZE/DIRECT A REQUEST BY CITY COMMISSION
FOR LEASE OF GRAND FLOOR RETAIL SPACE (CONVEN-
TION CENTER PARKING GARAGE) LOCATED ON SITE
BOUNDED BY SOUTHEAST SECOND STREET, SOUTH
EAST FIRST AVENUE, DOWNTOWN DISTRIBUTOR I-
95 (S.R.D. 854) AND HALL BELCHER TRACT.
ALLOCATE $242,272 TO COCONUT GROVE EXHIBITION
CENTER TO VARIOUS SOCIAL SEVICE AGENCIES,
FESTIVALES, ETC.., EVENTS. AUTHORIZE CITY
MANAGER/CITY ATTORNEY TO ENTER AGREEMENTS
WITH AFOREMENTIONED AGENCIES/ORGANIZATIONS,...
ETC.
RATIFY THE FINDING OF THE CITY MANAGER SEALED
BID FROM ELECTROCOM AUTOMATATION INC. TO
FURNISH ONE RADIO DATA CONVERTER FOR THE
DEPARTMENT OF VEHICLE MAINTENANCE.
CONFIRM RESOLUTION NO. 85-42. ADVERTISE FOR
SEALED BIDS FOR THE CONSTRUCTION OF BUENA
VISTA HIGHWAY IMPROVEMENT -PHASE II IN BUENA
VISTA HIGHWAY IMPROVEMENT DISTRICT -PHASE
II H-4506.
CONFIRM/ORDER RESOLUTION NO.8540. ADVERTISE
FOR SEALED BIDS FOR THE CONSTRUCTION OF NORTH
RIVER DRIVE HIGH WAY IMPROVEMENT IN NORTH
RIVER DRIVE HIGH WAY IMPROVEMENT DISTRICT
H-4 501.
ACCEPT WORK OF BETTER CONSTRUCTION, INC.
(TOTAL COST: $904,064.23) FOR JOSE MARTI
RIVERFRONT PARK -PHASE II, (2ND. BIDDING);
AUTHORIZE FINAL PAYMENT OF $60,968.83.
APPROVE INDUSTRIAL DEVELOPMENT REVENUE BONDS
(20.000,000) FOR THE CONSTRUCTION OF PARKING
GARAGE/PARKING LOT OWNED BY BAYSIDE CENTER
LIMITED PARTNERSHTP, OF WHICH ROUSE-MIAMI,
INC. IS THE GENERAL PARTNER.
REAFFIRM THAT NO VACANCIES IN THE CITY WORK FOR-
CE BE FILLED BY THE CITY MANAGER DURING THE
1984-85 FISCAL YEAR WITHOUT THE APPROVAL
OF THE CITY COMMISSION. DECLARE THE INTENT
OF CITY COMMISSION THAT NO NEW HIRING FOR
THE CITY WORK FORCE TAKE PLACE UNTIL A PERMA-
NENT CITY MANAGER IS APPOINTED.
85-97
85-101-A
85-103
85-104
85-105
85-106
85-111
85-114
DOCUMENTINDE)
CONTINUED
DOCUMENT IDENTIFICATION
DESAPPROVE THE BID PROTEST FILED IN CONNECTION
WITH BIC NO. 84-85-10 FOR LEASE OF 60 ELEC-
TRIC GOLF CARTS (NOVEMBER 19, 1984).
ACCEPT BID E-Z-GO, TEXTRON FOR FURNISHING
NEW ELECTRIC GOLF CARTS ON LEASE BASIS
FOR FOURTY EIGHT MONTHS TO DEPARTMENT OF
PARKS/RECREATION ($48,240.00).' AUTHORIZE
CITY MANAGER TO INSTRUCT PURCHASING OFFICER
TO PURCHASE ORDERS FOR THIS EQUIPMENT.
ACCEPT BIDS OF BANNER DELTA TIRES, INC.,
GOOD YEAR TIRE AND RUBBER CO.,MARTINO TIRE
CO., REBEL INTERNATIONAL AND MIAMI TIRESOLES
FOR FURNISHING AUTOMOBILE/TRUCK TIRES AND
TUBES FOR CITY DEPARTMENTS ON A CONTRACT
BASIS FOR 1 YEAR ($276,150.00). AUTHORIZE
CITY MANAGER TO INSTRUCT THE PURCHASING
OFFICER TO PURCHASE ORDERS FOR THIS EQUIPMENT.
ACCEPT THE BID OF OAKS WHOLESALES DISTRIBU-
TORS/LAWMEN'S SHOOTERS SUPPLY FOR FURNISHING
AND HAND-HELD SPOTLIGHTS ($16,535.40). AU-
THORIZE CITY MANAGER TO INSTRUCT THE PURCHA-
SING OFFICER TO PURCHASE ORDER FOR THIS
EQUIPMENT.
ACCEPT THE BID OF SEFAC TRADING CORP. FOR
FURNISTHING ELECTRO MECHANICAL JACKS/HOIST
SYSTEM TO THE DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES ($35,800.00). AU-
THORIZE CITY MANAGER TO INSTRUCT PURCHASING
OFFICER TO PURCHASE ORDERS FOR THIS EQUIPMENT.
ACCEPT BID OF INDUSTRIAL BUILDING MAINTENAN-
CE CORP. FOR FURNISHING CUSTODIAL AND GROUND
MAINTENANCE SERVICES AT THE COMPUTER DEPART-
MENT TO DEPARTMENT OF BUILDING/VEHICLE MAINTE-
NANCE ($8,055.60). AUTHORIZE CITY MANAGER
TO INSTRUCT ASSISTANT CHIEF PROCUREMENT
OFFICER TO PURCHASE ORDERS FOR THIS SERVICE.
ACCEPT THE BID OF OBENOUR ROOFING SHEET
METAL & SUPPLY CO. FOR FURNISHING LABOR/
MATERIALS FOR THE RE -ROOFING LEMON CITY
DAY CARE CENTER (BUILDING/VEHICLE MAINTENANCE
DEPARTMENT AT TOTAL COST $7,425.00). AUTHORI-
ZE CITY MANAGER TO INSTRUCT ASSISTANT CHIEF
PROCUREMENT OFFICER TO PRUCHASE ORDERS FOR
THIS SERVICE AND MATERIAL.
85--122-A
85-122-B
85-123
85-124
85-125
85-126
85-127
DOCUMENT1UNDE)
CONTINUED
DOCUMENT IDENTIFICATION
ACCEPT THE BIDS OF SOUTHERN COACH OF OCALA
$5,476.00)/RECHTIEN INTERNATIONAL TRUCKS
($6,290.00) TO FURNISH ALL LABOR (REPAINT/
REFURBISH) TO THE DEPARTMENT OF FIRE RESCUE.
AUTHORIZE CITY MANAGER TO INSTRUCT ASSIS-
TANT CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS.
ACCEPT THE BIDS OF CHLORIDE BATTERIES ($22,038.
TROPEX BATTERIES (28,038.), AND E-Z-GO TEX-
TRON ($9,602.00)TO FURNISH AUTOMOTIVE/TRUCK
BATTERIES ON A CONTRACT BASIS. ALLOCATE
FUNDS FROM 1984-85 OPERATING BUDGETS OF
THE USING DEPARTMENTS. AUTHORIZE CITY MANAGER
TO INSTRUCT ASSISTANT CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THIS
EQUIPMENT.
ACCEPT THE BIDS OF AMMUNITION RELOADERS
$34,875.), BUFFALO ROCK SHOOTERS SUPPLY
($14,491.), HARRIS HOUSE AND AMMO, INC.
($1,920.), LAWMAN'S AND SHOOTERS SUPPLY,
INC. ($2,725.), OAKS WHOLESALE DISTRIBUTORS
($7,172.), SOUTHERN GUN DISTRIBUTORS ($1,200.),
AND 3-D INV., INC. ($3,900.) FOR FURNISHING
AMMUNITION ON A CONTRACT BASIS FOR ONE YEAR.
AUTHORIZE CITY MANAGER TO INSTRUCT ASSISTANT
CHIEF PROCUREMENT OFFICER TO PURCHASE ORDER
FOR THESE MATERIAL.
ACCEPT THE BID OF BROWARD ELEVATOR SALES
AND SERVICE CO. FOR FURNISHING ELEVATOR
MAINTENANCE FOR ONE YEAR RENEWABLE ANNUALLY
TO THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE FIRST YEAR $29,940. AUTHORIZE
CITY MANAGER REINSTRUCT ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS.
ACCEPT THE BIDS (15 SUPPLIERS) FOR FURNISHING
110 PIECES OF HEAVY EQUIPMENT ON A CONTRACT
BASIS TO THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE ($2,291,623.12). AUTHORI-
ZE CITY MANAGER TO INSTRUCT ASSISTANT CHIEF
OFFICER TO ISSUE PURCHASE ORDERS.
ACCEPT BID OF JULES BROTHERS UNIFORMS TO
FURNISH WORK UNIFORMS. CONTRACT BASIS ONE
YEAR,RENEWABLE ANNUALLY ($94,882.). AUTHORIZE
CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF
OFFICER TO ISSUE PURCHASE ORDERS FOR THESE
MATERIALS.
85-128
85-129
85-130
85-131
85-132
85-133
'DOCUMENT•rNDE)
CONTINUED
DOCUMENT IDENTIFICATION
ACCEPT BIDS OF AMERICAN COMPUTER SUPPLY
($1,529.50), BORROUGHS CORP. ($28,355.14)
ALPHA BUSINESS SERVICES ($258.48), A.M.
INTERPRISES INC. ($609.45), ENFIELDS MIAMI
PHOTO INC. ($659.40), BELL & HOWELL, INC.
($23,823.) AND X.I.P.S. CORP. ($415.00)
TO FURNISH COMPUTER SUPPLIERS FOR ONE YEAR.
ACCEPT THE BID OF CLINICA LAS MERCEDES,
INC. TO FURNISH RADIOLOGY SERVICES ONE YEAR
CONTRACT ($20,000.). AUTHORIZE CITY MANAGER
TO INSTRUCT ASSISTANT CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE.
ACCEPT THE BID OF P.N.M. CORP. ($64,335.50)
BID "A", FOR MANOR STORM SEWER PROJECT AND
AUTHORIZE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM AND DIRECT CITY CLERK TO
PUBLISH A NOTICE OF PUBLIC HEARING FOR OB-
JECTIONS TO THE ACCEPTANCE.
ACCEPT THE BID OF STANDARD REGISTER CO.
TO FURNISH A DATA PRINT-OUT BURSTER MACHINE
TO THE DEPARTMENT OF FINANCE ($11,450.04).
AUTHORIZE CITY MANAGER TO INSTRUCT THE ASSIS-
TANT CHIEF PROCUREMENT OFFICER TO ISSUE
A PURCHASE ORDER FOR THIS EQUIPMENT.
ACCEPT THE BID OF GARCIA ALLEN CONSTRUCTION
CO. INC. ($929,874.71), BID "B" AND "C"
FOR MANOR STORM SEWER PROJECT AND AUTHORIZE
CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM. DIRECT CITY CLERK TO PUBLISH
A NOTICE OF PUBLIC HEARING FOR OBJECTION
TO THE ACCEPTANCE BY CITY COMMISSION.
ACCEPT THE BID OF MURTON ROOFING CORP.
($22,850.) FOR COCONUT GROVE EXHIBITION
CENTER MEZZANINE ROOF REPLACEMENT. AUTHORIZE
CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
ACCEPT THE BID OF INDUSTRIAL BUILDING MAINTE-
NANCE CORP. TO FURNISH CUSTODIAL SERVICES
AT THE ADMINISTRATION BUILDING FOR ONE YEAR
RENEWABLE ANNUALLY TO THE DEPARTMENT OF
BUILDING AND VIHICLE MAINTENANCE ($45,276.).
AUTHORIZE THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS.
85-135
85-136
85-137
85-138
85-139
85-140
85-141
k
DOCUMENT•I"NDE)
CONTINUED
DOCUMENT IDENTIFICATION
CLAIM SETTLEMENT: ARRATIN STURRUP AND EDWARD
BUSH (ATTORNEY) $25,000., MOZELL STURRUP
(MOTHER) AND EDWARD BUSH $5,000.
CLAIM SETTLEMENT: CHARRON V. ADKINS ($40,000.)
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO
ENTER IN AN AGREEMENT BETWEEN CITY OF MIAMI
AND STANLEY HOLCOMBE & ASSOC. FOR ACTUARIAL
SERVICES AS REQUIRED BY THE MIAMI CITY EMP—
PLOYEE'S RETIREMENT SYSTEM. FUNDS NOT TO
EXCEED $10,000.
AUTHORIZE CITY MANAGER /CITY ATTORNEY TO
ENTER INTO A PROFESSIONAL SERVICE AGREEMENT
BETWEEN CITY OF MIAMI AND STANLEY HOLCOMBE
& ASSOC. FOR ACTUARAL EXPERIENCE SERVEICES
AS REQUIRED BY THE MIAMI CITY EMPLOYEE'S
RETIREMENT PLAN. FUNDS NOT TO EXCEED $6,000.
IL #
'
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO
t
EXECUTE AN AGREEMENT BETWEEN THE CITY AND
s
THE BAY OF PIGS VETERANS ASSOCIATION FOR
IMPLEMENTING THE RENOVATION OF THE BAY OF
_
PIGS HISTORICAL HOUSE.
ACCEPT THE PROPOSAL OF DELAHANTY & ASSOCIATES,
INC. MAI APPRAISER ($4,700.) EXPERT WITNESS
FEE ($100.PER HOUR) TO STABLISH FAIR MARKET
' g
VALUE. DESCRIBED AS BLOCKS 59 AND 60, ALL
i
IN NORTH MIAMI STATES.
RATIFY/APPROVE/CONFIRM $1,000. FOR THE PUR—
CHASE OF TWO HUNDRED FIFTY (250) TICKETS
FOR THE ANNUAL METRO MIAMI POLICE "PIG BOWL".
! ALLOCATE $1,000. FROM S.P.A.C.F. TO MIAMI
GENERATION (THE MIAMI GENERATION/9 CUBAN—
AMERICAN ARTIST) EQUAL AS GREATER MATCHING
i GRANT BY METROPOLITAN DADE COUNTY.
i
ALLOCATE $45,000. IN SUPPORT OF CARNAVAL
MIAMI AND PASEO TO BE HELD OF MARCH 2 AND
3-1985 AND AUTHRIZE CITY MANAGER/CITY ATTORNEY
TO EXECUTE AN AGREEMENT FOR CLOSING CERTAIN
STREET TO THROUGH VEHICULAR TRAFFIC,
STABLISHING A PEDESTRIAN MALL DURING SPECIFIED
HOURS FOR THE PASEO EVENT ON MARCH 3, 1985.
j ETC....
a
a
a
85-142
85-143
85-144
85-145
85-146
85-147
85-148
85-149
85-150
DOCUMENTrNDE)
CONTINUED
DOCUMENT IDENTIFICATION
ALLOCATE $35,000. IN SUPPORT OF CALLE OCHO,
TO BE HELD IN MIAMI ON MARCH 10, 1985. AUTHO-
RIZE CITY MANAGER/CITY ATTORNEY TO CLOSE
CERTAIN STREET THROUGH VEHICULAR TRAFFIC.
FURTHER ALLOW THE SALE OF BEER AND WINE
FOR A ONE DAY PERIOD BY KIWANIS CLUB OF
LITTLE HAVANA.
ALLOCATE $5,000. IN SUPPORT OF THE 1985
GREATER MIAMI ANNUAL BILLFISH TOURNAMENT.
ALLOCATE $8,540. FROM S.P.A.Q.L.F. TO COVER
THE COST OF RENTAL AND EVENT PERSONNEL FOR
COCONUT GROVE EXHIBITION CENTER FOR A DANCE
TO BE HELD ON FEBRUARY 22, 1985 BY THE OMEGA
PSI PHI FRATERNITY.
RATIFY/APPROVE /CONFIRM AN AMOUNT NOT TO
EXCEED $10,000. IN SUPPORT OF THE MINI GRAND
PRIX TO BE HELD FEBRUARY 15-17 1985, AND
FURTHER REQUIRING ALL PROCEEDS TO BE EQUALLY
DESTRIBUTED TO: 1.- THE URBAN LEAGUE OF
GREATER MIAMI; 2.- SWITCH - BOARD OF MIAMI,
I INC.; AND 3.- LITTLE HAVANA ACTIVITY AND
NUTRITION CENTER.
ALLOCATE $35,000. FROM SP AND ACF, TO THE
DR. MARTIN LUTHER KING, JR. BIRTHDAY CELEBRA-
TION COMMITTEE. ALLOCATE $2,080.08 FROM
OPERATING BUDGET OF THE DEPARTMENT OF PARKS/
RECREATION FOR INKIND SERVICES: FURTHER
ALLOCATE $40. FOR FEE WAIVERS IN SUPPORT
OF THE 1985 MARTIN LUTHER KING JR. PARADE.
AUTHORIZE LATIN CHAMBER OF COMMERCE OF THE
UNITED STATES TO HOLD AN ELEVEN DAY CARNIVAL
BEGINNING FEBRUARY 28, 1985 AND ENDING MARCH
10, 1985 ON THE GROUNDS OF FLAGLER DOG TRACK,
401 N.W. 38TH. COURT MIAMI FL.
INCREASE THE CITY'S CONTRIBUTION TO RETEREES
FROM ONE PERCENT (1%) TO ONE AND A HALF
PERCENT (1.50) AT A COST OF $250,000. TO THE
CITY FOR REMAINING NINE (9) MONTH OF FY'85.
CORRECT SCRIVENER'S ERROR IN RE: NO.84-
1416.1 ADOPTED DEC. 13, 1984 WHICH HAD APPOINT
ED MARISA PARES TO THE CITY'S CODE ENFORCE-
MENT BOARD TO SERVE A TERM EXPIRING FEB.
11, 1985 BY AMEND SAID RESOLUTION TO REFLECT
THE CORRECT EXPIRATION DATE OF FEB. 9, 1987
85-151
85-152
85-153
85-154
85-155
85-156
85-157
85-158
i
DOCUMENTrND
CONTINUED
RMIEVAL
DOCUMENT IDENTIFICATION ACTION Commissi-ON
A TJt)
,
CORRECT ;,CRIVENER'S ERROR IN RESOLUTION 85-159
NO.84-884 - JULY 31, 1984 - WHICH HAD APPOINT-
ED MAUDE NEWBOLD-CITY'S CODE ENFORCEMENT
BOARD - TO FILL AN UNEXPIRED TERM ON OFFICE
ENDING FEB. 11, 1985, BY AMENDING SAID RESO-
TION TO REFLECT FEB 9, 1987 AS A CORRECT -'
EXPIRATION.
CORRECT SCRIVENERS' ERRORS IN SECTIONS 2 85-160
AND 3 OF RESOLUTION 84-1141, REGARDING THE
BRICKELL BAY OFFICE TOWER PROJECT; AUTHORI-
ZING A DEVELOPMENT ORDER; APPROVING PROJECT
WITH MODIFICATION; ETC....
ALLOCATE $35,000. FROM S.P.A.C.F. IN SUPPORT 85-161
OF THE MIAMI DADE TRADE AND TOURISM COMMIS-
SION (MDTTC) FOR PROJECTED EXPENSES FROM
AUGUST 1, 1984 TRHOUGH MARCH 31, 1985.
AUTHORIZE CITY MANAGER TO ENTER INTO AN 85-162
AGREEMENT BETWEEN THE CITY AND O'LEARY,
BROKAW AND ASSOCIATES, INC. AS A CHIEF FIRE
+ OFFICER ASSESMENT CENTER CONSULTANT.
i
i
AUTHORIZE EMPLOYMENT OF UP TO SIX LEGAL 85-163
CLERKS IN ACCORDANCE WITH THE COLLEGE WORK
STUDY PROGRAM OFF -CAMPUS, PROJECT AGREEMENT
BETWEEN CITY OF MIAMI AND UNIVERSTY OF MIAMI.
AUTHORIZE CITY ATTORNEY TO EMPLOY AMY DEAN, 85-164
ESQUIRE OF THE LAW FIRM OF BROAD & CASSELL
TO SERVE AS CONSULTANT IN CONNECTION WITH
THE CASE OF MIKELE CARTER VS. CITY OF MIAMI
AND JOSE GARCIA PEDROSA.
ALLOCATE $3,143.83 OF TENTH YEAR COMMUNITY 85-166
DEVELOPMENT BLOCK GRANT FUNDS TO MARTIN
LUTHER KING ECONOMIC DEVELOPMENT CORP.
(MLKED CO) IN AN AMOUNT NOT TO EXCEED 1/12
OF THE TOTAL ALLOCATION ($37,750.). AUTHO-
RIZE CITY MANAGER/CITY ATTORNEY TO ENTER
INTO AN AGREEMENT WITH THE AFOREMENTIONED
AGENCY.
RETAIN THE LAW FIRM GREENBERG, TRAURIG,ASKEW, 85-167
HOFFMAN, LIPOFF, ROSEN & QUENTEL TO SERVE
AS LOCAL BOND CO -COUNSEL TO ASSIST THE
FIRM OF BROWN, WOOD, IVEY, MITCHELL & PETTY
WITH RESPECT TO THE 1985 SALE OF GENERAL
OBLIGATION BONDS OF THE CITY OF MIAMI.