HomeMy WebLinkAboutCC 1984-12-03 MinutesCITY OF MIAMI
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Co W*AP MISSION
MIN, lisES
OF MEETING HELD ON December 3, 1954
SPECIAL
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY H AL L
RALPH G.. ONGIE
CITY CLERK
11
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
DECEMBER 39 1984
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1
ACCEPT PLAT: DAMIANOS COMMERCIAL TRACT.
R-84-1328
1-2
2
FORMALIZING RESOLUTION: ALLOCATE $159000 MIAMI
RIVERFEST.
R-84-1329
3
3
AMEND LEASE AGREEMENT: ADDITIONAL SPACE IN
DUPONT BUILDING FOR THE LAW DEPARTMENT;
APPOINTING ROBERT F. CLARK, CHIEF DEPUTY CITY
ATTORNEY,ETC.
R-84-1330
3-4
4
DISCUSSION ITEM: HIRING FREEZE -TO BE DISCUSSED
AT A FUTURE MEETING.
DISCUSSION
7
5
ALLOCATE $59000 CASH OR IN -KIND SERVICES TO
FISHING TOURNAMENT AND APPOINTING COMMISSIONER
J.L. PLUMMER TO REPRESENT CITY.
M-84-1331
7
6
BAYSIDE PROJECT: MINORITY PARTICIPATION 4/5THS
AMENDMENT 50% OF ALL JOBS TO MINORITIES WITHIN
DADE COUNTY APPOINT 5-MEMBERS COMMITTEE TO
INSPECT AND SUPERVISE MINORITY PARTICIPATION
(ACTION DEFERRED TO FRIDAY, DEC. 7, 1984.
M-84-1332
M-84-1333
M-84-1334
7-37
7
PROPOSED GUIDELINES AND RULES OF PROCEDURE TO BE
USED IN CONNECTION WITH REMOVAL OF THE CITY
MANAGER.
DISCUSSION
37-41
8
STATEMENT BY CITY MANAGER H.V. GARY NOT TO
APPEAL DISMISSAL.
DISCUSSION
41-48
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 3rd day of December, 19849 the City Commission
of Miami, Florida, met at its regular meeting place in the
City Hall, 3500 Pan American Drive, Miami, Florida in
special session for the purposes of discussing the Bayside
-' Project and the procedure of removal of the City Manager.
n The meeting was called to order at 12:29 O'Clock P.M.
by Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
,:.. ABSENT:
Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
ALSO PRESENT:
Howard V. Gary, City Manager
Lucia Allen Dougherty, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Commissioner J.L.
Plummer, Jr. who then led those present in a pledge of
allegiance to the flag.
1 ACCEPT PLAT: DAMIANOS COMMERCIAL TRACT
------------------------------------------------------------
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Mayor Ferre: We do have several things that I think are
non -controversial routine matters we might be able to take
up. The first one is the approval of resolutions plat
acceptance entitled Damiano's Commercial Tract. The reason
why this becomes an emergency is that the plat acceptance
was deferred twice on October 25th and November 15th. It is
};
now at a point where it might create some hardship. It was
item number 14 on the previous Commission meeting and it is
N
an acceptance of the record plat located at N.E. 67th Street
and N.E. 4th Avenue and it had of course the
recommendation of the administration, the plat committee,
and all the other people we need to go through.
Mr. Plummer: If it is proper and in order, I'll move it.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: There is a motion and a second. Just for the
record, Walter, through the administration, is there any
problem with the acceptance of this plat?
Mr. Walter Pierce:
appropriate, sir.
I don't believe so, sir. I think that's
sl 1 December 3, 1984
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Mayor Ferre: Any further discussion on the acceptance of `
this plat? I have expanded this Commission meeting, so that
-
it will legally take this into account. This is available
to anybody in the public who wishes to see it. At this
time, call the roll, please.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-1328
A RESOLUTION ACCEPTING THE PLAT ENTITLED
DAMIANO'S COMMERCIAL TRACT, A
SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT; AND ACCEPTING THE COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF CERTAIN IMPROVEMENTS
UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING
FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio J. Perez, Jr.
Commissioner Joe Carollo
2 FORMALIZING RESOLUTION: ALLOCATE $15,000 MIAMI RIVERFEST
Mayor Ferre: Now there is a formalization of a resolution
allocating $15,000 to the third annual Miami River Revival
Boat Parade and Riverfest to be held on December 7th. This
was something that the Commission formally approved before
in a motion that had not been put into resolution form, and
it needs to be voted on.
Mr. Plummer: I moved it before, I'll move it again.
Mayor Ferre: Is there a second?
sl 2
December 3, 1984
Mr. Dawkins: Second.
'
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, Who moved its adoption:
RESOLUTION NO. 84-1329
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
k>
EXCEED $15,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF
44.
THE THIRD ANNUAL MIAMI RIVER REVIVAL
}
BOAT PARADE AND RIVERFEST, HELD IN MIAMI
ON DECEMBER 7 AND 8, 1984; SAID
ALLOCATION BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-
84, DATED JANUARY 24, 1984.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
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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
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NOES: None.
ABSENT: Vice -Mayor Demetrio J. Perez, Jr.
Commissioner Joe Carollo
3 AMEND LEASE AGREEMENT: ADDITIONAL SPACE IN DUPONT
BUILDING FOR THE LAW DEPARTMENT; APPOINTING ROBERT F.
CLARK, CHIEF DEPUTY CITY ATTORNEY, ETC.
x-n Mayor Ferre: There is a request by the Law Department to
authorize the Manager to execute an amendment to the Law
Department's existing lease agreement for use of Dupont
Building and personnel appointments in office. This is
office reorganization of personnel appointments which of
course we really have no authority over. Do we, Lucia? You
ry
are just informing us.
Mrs. Dougherty: No, you do have authority given the hiring
freeze, Mr. Mayor.
Mayor Ferre: The hiring what?
Mrs. Dougherty: The hiring freeze.
Mayor Ferre: Oh, I see, and this is the Law Department
wishing to... as I understand it, you've appointment
Assistant City Attorney Gisela Cardonne as a Deputy City
Attorney.
Mrs. Dougherty: Yes, air, Mr. Mayor, and I'm making Mr.
Clark a Chief Deputy City Attorney. That takes a new
personnel action. I'd like to fill two vacant positions in
Assistant City Attorneys and a couple of legal secretaries.
sl 3 December 39 1984
Mayor Ferre: Has your office sent this to all members of
the Commission?
Mrs. Dougherty: Yes, sir, Mr. Mayor, five days in advance.
Mr. Plummer: I had it last week.
Mayor Ferre: Do you have any problems with that?
Mrs. Dougherty: We gave it to you five days....
Mr. Plummer: I got it last week in my office.
------------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Perez arrived.
---------------- ----- ------- ----------- ----- ------ ----- -----
Mr. Perez: Yes, I also.
Mr. Plummer: If it's in order, I'll move it.
Mr. Perez: Second.
Mayor Ferre: Further discussion on this? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-1330
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO AN EXISTING LEASE
AGREEMENT WITH DUPONT BUILDING ASSOCIATES,
LTD. FOR THE LEASE OF AN ADDITIONAL 635
SQUARE FEET OF OFFICE SPACE AT 169 EAST
FLAGLER STREET FOR USE BY THE LAW DEPARTMENT
WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED
LAW DEPARTMENT FUNDS; APPROVING THE
APPOINTMENT OF ROBERT F. CLARK AS CHIEF
DEPUTY CITY ATTORNEY AND GISELA CARDONNE AS
DEPUTY CITY ATTORNEY; APPROVING THE
REORGANIZATION OF THE LAW DEPARTMENT AS
PROPOSED IN THE NOVEMBER 189 1984 MEMORANDUM
OF LUCIA A. DOUGHERTY, CITY ATTORNEY,
INCLUDING THE CREATION AND FILLING OF THE
POSITION OF AN ASSISTANT CITY ATTORNEY WHOSE
PRIMARY RESPONSIBILITY WILL BE TO PROVIDE
COUNSEL TO THE COMMUNITY DEVELOPMENT
DEPARTMENT AND A LEGAL STENO FOR SAID
ATTORNEY; FURTHER AUTHORIZING AND APPROVING
THE FILLING OF VACANT POSITIONS IN THE LAW
DEPARTMENT AS FOLLOWS: ASSISTANT CITY
ATTORNEY TO SERVE IN THE POLICE DEPARTMENT
LEGAL UNIT, SENIOR SECRETARY, LEGAL STENO
AND ONE POSITION OF TYPIST CLERK III WHICH
WILL BECOME VACANT PRIOR TO DECEMBER 31,
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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
sl 4 December 3, 1984
ASSENT: Commissioner Joe Carollo
Mayor Ferre: Let the record reflect that we did receive
this in my office on the 28th, November 28th at 3:54.
u DISCUSSION ITEM: HIRING FREEZE — TO BE DISCUSSED AT A
FUTURE MEETING
Mr. Plummer: Mr. Mayor, may I discuss an item very quickly
and briefly, which I would like to have placed on the next
agenda? In the last budget, Mr. Mayor, when we approved the
budget there was Commissioner Perez, who very wisely
instituted a hiring freeze. I would like to ask for
consideration at the next meeting that that freeze not be
placed upon the Police and Fire Departments, which has been
interpreted now as being part of the freeze. It is my
understanding that the Police Department is trying to start
a new class and we have somewhat a double jeopardy by virtue
of the fact if the Gates suit is in fact approved, there's
going to be quite a few, a .large number that will be leaving
and it will be depleting our forces in both the police and
fire, so I would like to ask, Mr. Mayor, that at the next
Commission meeting on the agenda, the regular agenda, that
we consider at least waiving or exempting from the freeze as
it relates to budgeted positions and police and fire. If a
motion is necessary or in order....
Mayor Ferre: Now, Commissioner Plummer, I don't think it
was ever the intention, as I remember Commissioner Perez's
statements at the budget time to in any way freeze the
Police or Fire Departments. I don't .like the implications
that I've heard that we have or could have some jeopardy if
there was a fire and we don't have a full contingency of
fire, so please forgive me, but Commissioner Perez, you
speak for yourself, but I never interpreted your motion on
the freeze to include fire and police.
Mr. Perez: I think, Mr. Mayor, I think that it's important
to clarify the spirit and the intention of that motion. We
approved that motion, we made a specification that this
Commission was authorized to make an extension and a waiver
on individual requests. Anytime that the administration has
an emergency request, the Commission has the option to
decide. I would like to take this opportunity also to
request a complete information from the administration about
any new positions created in the... after we approved that
freeze, because according with my understanding I think that
the administration is supposed to keep the budget as was
approved in the last meeting of September. I would like to
have a complete report from the administration in order to
know if any new position has been created or if any new
position has been approved from the administration that was
not approved in the budget. I would like to have that
information at the next meeting.
Mayor Ferre: Mr. Manager, this is a request by Commissioner
Perez that he's outlined
into the record. We need that,
s
then, by the
next meeting, which is the 13th.
Mr. Plummer:
12, 13, and
20.
a'
Mayor Ferre:
I do think
that we should on any life support
services, in
my opinion,
should be unfrozen. We should not
sl 5 December 31 1984
be dealing with that. I think we ought to
deal with that
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today. I don't want that cloud. I think it's not proper
for a cloud of that severity to hang over the
City. I think
we ought to clarify it right now, life-saving
services.
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Mr. Plummer: Mr. Mayor, I would make a motion at this time
H
that this Commission clarify the policy
established at
budget and that no life-giving services,
jobs already
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budgeted and provided for shall not be under
the freeze.
Mayor Ferre: Is there a second to that?
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Mr. Plummer: Does that clarify it?
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Mayor Ferre: Is there a second to
that motion?
'
Commissioner Perez, does that mean...?
Mr. Perez: I understand that intention of Commissioner
Plummer, but I would like to have the opportunity to discuss
better at the next regular Commission meeting this issue,
r° because anyhow, I think that the administration is supposed
to furnish us a complete report on that emergency
p p g y position,
I think that we deserve the opportunity to discuss better.
NOTE FOR THE RECORD: Commissioner Carollo arrived at 12:38
P.M.
3 Mayor Ferre: Yes, but I would not want because of our
insurance problems and otherwise, for anything to ever come
sE up to say that 'there was a fire or something had occurred
here where the City of Miami had not had proper protection
' because we didn't have a full contingency of firefighters.
I want the record to reflect that there is no hampering on
Fx the Commission's part of permitting the Fire Department and
the Police Department of filling line positions at this
t„ time. There should be no freeze on the hiring of police and
firemen at the lowest level.
Mr. Carollo: Mr. Mayor, just how many openings do we have
} at the front lines in the Police Department and the Fire
Department?
Mayor Ferre: I don't know, we'll ask....
Mr. Carollo: I don't think there could be that many.
Mayor Ferre: Mr. Manager.
Mr. Gary: There's quite a few. I'll get the list down.
Mayor Ferre: You're talking at the entry level.
Mr. Plummer: Yes, it just started in the Academy.
Mr. Gary: There's 24 in the Fire Department alone.
Mr. Carollo: I think, Mr. Mayor, a few weeks is not going
to matter either way. So I would back Commissioner Perez's
request and have the matter brought up at the next available
sl 6 December 3, 1984
r 'I f Commission meeting.
Mr. Plummer: That's what I had originally asked for.
3�
-- ---- ---- ---------- — ------------------- --------- --- -
5 ALLOCATE $59000 CASH OR IN -KIND SERVICES TO FISHING
TOURNAMENT AND APPOINTING COMMISSIONER J.L. PLUMMER TO
REPRESENT CITY
---------------------------------- --------- -----------------
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Mayor Ferre: The last thing that I have here is a request
that the Metropolitan South Florida Fishing Tournament...
you remember, J.L., they came up before us and %hey asked...
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what was the name of that friend of yours, Captain Dick.
Mr. Plummer: Dan Kipnis is here.
Mayor Ferre: Is he still here? Dan, if you will explain
the emergency nature of this, why we need to deal with it
now.
Mr. Dan Kipnis: Well, I didn't even know we were on the
agend-,, tut first, my name is Captain Dan Kipnis, 1600
Tigertail Avenue. We are about to go to press with our
book. It will be on all Eastern Airlines Flights coming in
and out of Miami. We did the boat show... without the money
_
we requested from the City. By the way, Dade County has
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already granted our request. It would be a little problem
right now in funding, and we'd like to get the City on board
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as soon as possible. Your logos, etc., etc. will be
involved.
"- Mayor Ferre: How much have you received from Metropolitan
Dade County?
d¢ X
_ Mr. Kipnis: $15,000. $5,000 in -kind service, $10,000 cash.
sir
=
Mayor Ferre:
I make the motion that the City of Miami
allocate up
to $5,000 in either in -kind or cash and that
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J.L. Plummer
be constituted as a Committee of One to deal
for the City and the Commission with Captain Kipnis and
'
whomever the
appropriate people are. I think this fishing
tournament is an important thing touristicaly for the City
x
of Miami and
I think it's something that wee need to do. I
so move that
the City authorize and place the final decision
in Plummer's
hands.
.„.¢ Mr. Perez: Do we have any second?
Mr. Carollo: Second.
Mr. Perez: A motion and a second, we don't have any
discussion. Call the roll.
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 84-1331 '
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$5,000, EITHER IN IN -KIND SERVICES OR AS A
CASH ALLOCATION, IN CONNECTION WITH THE
HOLDING OF THE FISHING TOURNAMENT; FURTHER
APPOINTING COMMISSIONER J.L. PLUMMER AS A
COMMITTEE OF ONE TO ASSIST AND COOPERATE
WITH CAPTAIN DAN KIPNESS IN CONNECTION WITH
THE PLANNING FOR SAID TOURNAMENT.
sl 7 December 3, 1984
Upon being seconded by Commissioner Carollo, the motion
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
N r= Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
----------- -------- ----- ------- -----------------------------
6 BAYSIDE PROJECT: MINORITY PARTICIPATION 4/5THS AMENDMENT
50% OF ALL JOBS TO MINORITIES WITHIN DADE COUNTY,
APPOINT 5-MEMBER COMMITTEE TO INSPECT AND SUPERVISE
MINORITY PARTICIPATION (ACTION DEFERRED TO FRIDAY, DEC.
7, 1984)
------------------------ ------------------------------------
<` Mayor Ferre: We're now ready to go to Bayside.
Mr. Carollo: Mr. Mayor, let me save some time, if I can.
Mayor Ferre: Just a moment, Mr. Damiano, yours has passed,
y>. so you're all set. All right, Commissioner Carollo.
Mr. Carollo: Mr. Mayor, I haven't had the time to go over
the package that we have to approve here today. I think
this contract is one of the most important contracts the
City of Miami will be entering. I for one, am not ready to
vote upon this rushed. I'm in favor of it, yes, but I want
to make sure that every line is read carefully so that if
A there are any areas that we still need to try to make some
changes in, that we can go ahead and bring those out in the
open. I am not ready to make a vote upon this today, and I
would like to ask my colleagues to defer this to the next
Commission meeting.
Mayor Ferre: Commissioner Carollo, you of course have that
right and in the fifteen years, fourteen years that I've
been around, that has never been overturned. However, I do
think because this is an exceptionally important matter,
that Mr. Weaver is here and Mr. Gary and Miriam Maer and the
others who represent the Off -Street Parking Authority; and
are the Rouse people here? Are they present here? Here's
the representative of the Rouse Company who just walked in.
We need now, it seems to me in the interest of when you go
through this to ask... I have some questions that I need to
ask on the record. I know that J.L. Plummer has some, and
I'm sure the others do. I would like to defer this item,
but if we could spend at least a half an hour discussing it,
I think it would be appropriate. At this time, with the
full understanding that the Commissioner has that right, and
I certainly would grant that unless overruled, but we will
then proceed, I think, with the preliminary aspects of this,
Mr. Manager.
Mr. Gary: Mr. Mayor, David Weaver, who has been the private
sector co -chairperson on this negotiation committee will
open the subject.
Mayor Ferre: Mr. Weaver, at the outset, let me say on the
record to you, to Mr. Gary and the administration to the
City Attorney and Miriam Maer in particular, to all of the
people who have diligently worked on this, I want to express
sl 8 Deopmber ,3o 1984
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R,•Y ri
my gratitude and my thanks. They, without exception, do
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this as their jobs. In other words, they're paid to do this
and they've done it exceptionally well. You, on the other
hand, are not paid to do this, and you've done this strictly
on a volunteer basis. I think therefore a very special
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thanks needs to go to you for your patience, endeavor, and
persistence and hard work. I do not know what the final
conclusions are of the Sanchez controversy. I was
distressed that some words that Mr. Sanchez made publicly
'
and was reported in the Herald story three or four days ago.
I subsequently saw or heard from you that there was a
resolution. I have not seen what the final format of that
is, but it looked like we were making some major headway and
y.:
I saw Mr. Sanchez Saturday night and I really commended him
for trying to work these problems out, so with our thanks.
Mr. David Weaver: Thank you, Mr. Mayor, Commissioners, City
Manager, first I would like to say for the record that while
the City employees who have worked with us on the
negotiation and development of these documents which are
before you today, are of course paid for their time, they
have not been paid for the very extraordinary effort that
they have made over the past several months. I would
particularly like to commend the representatives from the
City Attorney's office, John Gilchrist, and the others in
the City administration who have gone above and beyond call
of duty to make sure that we could meet the deadlines which
we're required in order to be able to meet this meeting. I
would like to draw it to your attention, although I
certainly understand that this is an evolutionary process
'
your possession according
that these documents have been in g
'
to the prerequisites and requirements of the five day rule.
They were delivered to the Commission as of last Monday and
other documents were delivered a week ago Wednesday.
3•'x
Mayor Ferre: Just so the record so we have it clear. It
was received in my office on November 26 at 5:18. Now,
however, and I understand that there are some differences,
Mr. Weaver, between this document, Mr. Weaver, that we
received November 26th and this document which was received
December 3rd 11:39, which is 21 minutes before this meeting
a
today.
Mr. Weaver: That is correct, Mr. Mayor.
`
Mayor Ferre: I need to know what the difference... I have
gone through this document. I think we need to know what
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the differences are with this document.
Mr. Weaver: Absolutely, and we are prepared to go through
a
those differences, if you so desire. The key factor, I
believe is that the two documents are substantially
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identical. There are relative minor changes between the two
sets of documents and I must admit to some degree of
frustration if one leaves documents with attorney long
enough, one is guaranteed to have changes in them. That is
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meant to be most supportive of all our attorneys. Perhaps
the key issue and the concern of Commissioner Carollo that
he is unable to deal with these documents today, perhaps the
key issue is to go through and underline the evolutionary
nature of these documents. What you have in front of you
a
are several documents which are in fact substantially
complete. These include the retail area ground lease, the
parking area ground lease, the parking management agreement,
the minority participation agreement, and Rouse's completion
guarantee. You referred, Mr. Mayor, to the discussions with
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Mr. Sanchez. As you are aware and as has been reported in
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the press, conversations have been going on very intensively
with Miami Motorsports over the past week to try to resolve
some very significant areas of differences. I might draw
sl 9 December 3, 1984
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4?
out to your attention the memorandum to me from our
attorney, John Pearson, dated November 26th, which was
included in your file and I can assume that this document
s
has been or will shortly be read by each member of the
Commission. I will be happy to discuss it if you have any
questions, but I won't go through that, because I believe it
is self explanatory. What I would like to do is perhaps
take you through the latest status of the Grand Prix
K4
agreement, because that is the one issue which has not as
et been brought to We have been working on
y g your attention.
f:
two documents with respect to Miami Motorsports. First, an
amendment to the existing license between the City and Miami
Motorsports and second a three party agreement between Miami
Motorsports, the City, and Bayside Center Limited
Partnership. The first document I'd like to refer to is the
agreement, the modification of the existing license
agreement between the City and Miami Motorsports. The
proposed amendment contains the following changes to the
original agreement. First the City has agreed to modify
Biscayne Boulevard at the Port Boulevard entrance and the
exit in order to eliminate the present differences in
elevation and to make other necessary improvements to
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accommodate the new racing circuit, which is required as a
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result of the Bayside Specialty Center. The second item
that the City has agreed in this proposed amendment to do is
to use its best efforts to complete certain roadways
required for the revised raceway circuit in the event that
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the Bayside Center Limited Partnership, Bayside cannot
complete them in time for the 1986 race. The third thing is
.
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the City has agreed to provide at no expense to the licensee
;-
the City
y personnel which are required for the staging of the
4
race. In return for that, the licensee, Miami Motorsports,
has agreed to increase its percentage of net profits paid to
'
the City by two and a half percent. This leaves the current
situation then from zero to a million dollars of net profits
the City will receive 12 1/2%; from a million to a million
and a half dollars of net profits, the City receives 15%;
and from a million and a half dollars the City receives 17
1/2%. The amendment also recognizes that the licensee has
--
the exclusive right to the name Miami Grand Prix and Grand
Prix of Miami names. It is clear that there is significant
impact upon the -and I think it's important that we identify
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the fact that Miami Motorsports agreement gives certain very
specific rights to Mr. Sanchez and Miami Motorsports. The
decision on the part of the City to interface Bayside with
Miami Motorsports with the road -race clearly, clearly
impacts on Mr. Sanchez ability to run his race. As a result
'
of this and after some extended conversations and
negotiations, which have continued into approximately 15
=R
minutes ago, the City and Miami Motorsports have agreed that
the City will pay the license $50,000 after the execution of
.1-14
this amendment and a supplemental agreement, which is
between the City, Rouse or Bayside, and Miami Motorsports,
and that an impact fee of $ 100, 000 per year will be paid to
Miami Motorsports in recognition of this continuing impact
on his ability to run the road race.
Mayor Ferre : Over what y period of time?
Mr. Weaver: Over the period of at least -which I believe -
is twelve years remaining.
Mr. Plummer: Thirteen more years.
f,
Mayor Ferre: 12?
tom'
Mr. Plummer: 13, it had two; it's a fifteen year lease.
Mr. Weaver: This will be the thirteenth....
sl 10 December 3, 1984
M
1
r
i
Mayor Ferre: In addition to that, Mr. Weaver, that
$1000000, three fifty and a hundred thousand a year, does
that come from the City of Miami or does it come from the
licensee or jointly from the....
Mr. Weaver: That is from the City of Miami and it's to be
paid,out of profits from Bayside.
Mayor Ferre: So, in other words, it is a payment the City
of Miami will be making.
Mr. Weaver: This is an impact....
Mayor Ferre: From Bayside.
Mr. Weaver: Correct, but it is not limited; it is an
obligation of the City. It is not conditioned upon profits
resulting from Bayside.
Mayor Ferre: It is a firm obligation the City, the licensee
has no participation in that obligation as such.
Mr. Weaver It is a firm obligation of the City, correct,
correct. The licensee has also agreed as of this morning
that no race events will be scheduled during the following
periods: seven days prior to Thanksgiving and ending on
January 1st, and in the periods commencing on the 7th day
prior to Independence Day, Easter, and Labor Day provided
that with the prior express written consent of the City and
of Bayside, that the race may be held on the week -end prior
to Thanksgiving, if appropriate measures are taken to effect
dismantling by'. midnight on the Tuesday preceding
Thanksgiving Day. I should clarify that is an agreement
between the City and the licensee; we have not had an
opportunity to finalize that or even to discuss it with Mr.
Dausch, who is here from the Rouse Company. Those are the
primary items which are included in the amendment to the
existing license agreement between the City and Miami
Motorsports. A three -party supplemental agreement between
Bayside, the City and Miami Motorsports is currently under
negotiations. We have draft documents, but those documents,
the latest iteration of those documents is not yet in our
hands and I believe it's being carried down by special
messenger this morning. However, there are several items
which I can indicate to you. First Bayside, the City and
the Miami Motorsports licensee will cooperate during any
period of construction activity so that the 1986 race and
future races can be held on the revised race circuit.
Secondly, the three parties are to agree on a staging
schedule so that the set up and the take down of the race
will not interfere with the normal operation of the
specialty center. Thirdly, the three parties have agreed to
negotiate in good faith how race related or race associated
events can be held on the Bayside property or in areas that
may affect the operation of Bayside. Bayside has agreed to
prioritize the construction of its entrance and service
roads so that they will be completed in time for the 1986
race, which includes them as part of the circuit, and the
City has agreed that if for any reason they are not
completed, the City will make its best efforts to insure
that such roads are completed.
Mayor Ferre: Is there a liability on that?
Mr. Weaver: Yes, sir, the City agrees to make its best
efforts, which means without regard to cost, the City may
charge back the normal cost of such construction to Bayside.
sl 11 December 3, 1984
N
The City assumes the responsibility for any excess over the
Asa; y
normal cost of construction.
Mayor Ferre: Mr. Weaver, let me just tell you right now
there Is no way in God's world that I could in good
conscience vote for that. There is no -way that we can have
an open ended liability that we're going to guarantee a
roadway for a car race by 1986. That's an open ended thing.
Now if you tell me up to an amount of $1009000 or if we know
what it is, up to, that's fine. But an open ended liability
of that nature, I'm just expressing one man's opinion.
Mr. Plummer: Mr. Mayor, are you of the understanding that
is not the City's liability. It is the City's liability to
see that it's done with no regard to cost. It is Bayside's
obligation to pick up that cost factor. This is a forcing
issue to try to get Bayside ....
Mayor Ferre: No, it's not, J.L.9 it's at our expense.
Mr. Plummer: Whose expense?
Mr. Weaver: The Bayside Limited Partnership is obligated to
pay the normal cost of building such a road. if
extraordinary circumstances occur and the City decides that
it has to step in order to make its best efforts....
Mayor Ferre: I have no objections, if we have an off set
price as to what that can cost, if Mr. Sanchez accepts.
Mr. Weaver: I want to explain to Mr. Plummer that there is
a potential liability for the City.
Mr. Plummer: To the City?
Mr. Weaver: To the City, which is for the overage between
the normal cost of construction and the extraordinary cost.
Mayor Ferre: I tell you, I'm not worried... Look, let me
tell you, if I may, David, Mr. Weaver, I think it's
important. This is an important point now that we've
reached. The reason why it becomes extremely important is
because obviously with the delays that we've had with the
Corps of Engineers in getting that $6 million in place, the
whole project, which deals with the bay road that is to be
built by the Corps of Engineers, it is highly questionable
whether or not the City, whether the Corps of Engineers and
the City in due process will have that road ready in 1986.
If there is an off setting price tag to say that the City
can lose a quarter of a million dollars if it is not done,
then I think that is more palatable. But to say that we
Rr
will have, that we're liable and responsible for whatever
differences there are to get that road done, that could be
millions of dollars. But what concerns me much worse than
not having the road done, and I think it is even much more
important, is suppose we don't get it running, what are we
then liable for from Mr. Sanchez and Miami Grand Prix
Motoraports? What would be the liability to the City of
Miami for them not having their Grand Prix in that
location? I don't think we can leave that open
particular
ended.
Mr. Weaver: I think we have to be very careful in there to
segregate two issues. - Issue one is the impact of the Corps
of Engineers in its part of the construction of the land
fill and the baywalk, and the issue of building the road.
It is clear in the document and my attorneys will correct
met it 13 clear in the document that the City is not
obligated for the inability to build the road because of the
Corps of Engineers' inability or unwillingness to proceed
is 1 12 December 3p1984
i
3'
a-..
with the project. What we're talking about is that the
Bayside Limited Partners have agreed to initiate
construction on the road on a priority basis. If, for any
reasons, within reasonable control, that the Bayside
Partnership is unable to complete the road, then the City is
prepared to come in and make sure it's done and charge back
4}
those normal costs of operation. I must say that we would
be prepared to go back and talk to the various players, but
some of cap on the total cost.
M1
Mayor Ferre: I would ask you, Mr. Weaver, as a businessman
and as a taxpayer, do you feel comfortable with something
which is as open ended as that?
Mr. Weaver: Personally, sir, I don't feel that the risk,
knowing that the prioritizing by Bayside is going to have
the road done anyway, is significant. However, I would be
willing to renegotiate that.
x
Mayor Ferre: So you don't think it's a major issue.
Mr. Weaver: I don't think it is, but I'm perfectly
prepared....
Mayor Ferre: You don't think that we would have any major
liability or responsibility if the road isn't finished.
Mr. Weaver: I think there could be a liability if the road
isn't finished and if the City does not perform best efforts
Y
as determined in a court of law.
Mayor Ferre: When in 19867
Mr. Weaver: The road must be completed 90 days prior to the
running of the race in order to allow it to cure.
Mayor Ferre: In 1986.
Yl; =
Mr. Weaver: Yes, It would have to be in December 1985.
Mayor Ferre: So, in other words what you're saying is that
if the race is to be run -let's say- in February 1986,
you're talking about having it finished in November.
4 Mr. Weaver: I'm talking about having it finished by the end
of November, yes, sir.
Mayor Ferre: Of this coming year.
Mr. Weaver: Yes, sir.
Mayor
Ferre: Since we haven't gotten the final
agreement
with
the Corps of Engineers and obviously there is
no way to
x
put a road on top of something that doesn't exist,
I think
it is
almost goes without discussion that there is
no way in
this
world that unless we go into extraordinary
expenses,
that
road can be finished by November of 1985, which
is in
effect
eleven months from now. In other words,
it takes
eleven
months to build a regular road. How are we
going to
build
a road over land that has not been filled;
it hasn't
been
filled yet. Part of it is unfilled.
Mr. Gary: That is not the road.
Mr. Weaver: We're only talking about the access road.
Mr. Gary: We're talking about the access road.
Mayor Ferre: Which access road are we talking about?
al 13 December 3, 1964
j Mr. Gary: By Reflections, the one that runs by the
auditorium. We're not talking about the Baywalk.
,
Mayor Ferre: We're not talking, Mr. Manager, about the bay
road?
$'
Mr'. Weaver: No, we're only talking about the access road
from Biscayne Boulevard into the property.
:
Mayor Ferre: Did you understand that? I apologize.
Mr. Weaver: We're not talking about the Baywalk.
Mayor Ferre: May I see a map of it, please?
Mr. John Gilchrist: Where they are talking about is an
access road that is to be built by Bayside from Biscayne
Boulevard to and in contact with the beginning of the
Baywalk. That access road is going to be built early on by
the Rouse Company, but the question is whether they would
have it finished by the race time. They are carrying....
Mayor Ferre: Mr. Gilchrist, if this access road is finished
and this road is not finished, of what value is it to the
race?
Mr. Gilchrist: I don't have the agreement in hand, sir, so
I can't speak to that, but I believe the agreement says that
the City will provide this as well. So I don't have it
before me, so I can't....
Mayor Ferre: Mr. Weaver, if you look at this as a cycle,
because it is. This is a race that runs in a circle, so to
m
speak, so it's a loop. What you're saying is that what
`teµ
we're saying is we will finish what in effect may be 10% of
the loop, but the other 20% isn't finished, and if you don't
connect it, there's no way to use our 10% that we're
responsible for, so in effect, of what value is this or are
'~
we being held responsible for the portion that goes to the
park?
g Mr. Weaver: The City is not being held responsible for
>t building the Baywalk portion of this road. The City is
being held responsible for making certain that Bayside
`} builds the access road on an expeditious basis.
Mr. Plummer: Whose responsibility is the Baywalk road?
Mr. Weaver: The Baywalk road is the Army Corps of
Engineers.
Mr. Plummer: The question that the Mayor is asking is what
happens if they don't complete it by February of 186.
Mayor Ferre: Where does the race go and who's held
responsible for the race? I don't want Sanchez saying,
"Wellyou know that was a given, and if it isn't finished
then we're going to have great damages and we're going to
.}" have a serious..."
rF
Mr. Weaver: The document says, Mayor, that the licensee has
s° the right, in the event that the Baywalk is not completed,
to submit another circuit for the approval of the
x-X Commission.
Mayor Ferre: I'm worried, Mr. Weaver, about liability.
Mr. Weaver: I understand that.
51 14 December 39 1984
Mayor Ferre: Is there a waiver on the part of Mr. Sanchez
*„
that he's not going to come back and sue the City because
this road is not finished?
F=
Mr. Weaver: That is already in the agreement.
Mayor Ferre: It is in the agreement.
Mr. Weaver: It is in the agreement and that has not been
modified.
a
Mayor Ferre: So there is no liability; well, then I feel
greatly relieved. I don't have any problem with this. You
z
are telling me that there is a specific waiver on the part
of Mr. Sanchez and his associates in that company that
they're not going to come back and sue the City.
Mr. Weaver: Could I have the document?
>
Mayor Ferre: Then I don't have any problems, but I think we
ought to kind of face the issue. I think Mr. Sanchez has to
know that there is no way that this road is going to be
e'
finished in eleven months.
Mr. Weaver: May I suggest, sir, that we can come back to
-.;
this when the document arrives, because I'd like to have the
{
existing agreement in front of me.
Mr. Plummer: I think it goes one step further, that if the
u;
leasee does provide an alternate route, who's going to pay
for the alternate route?
Mr. Weaver: All the City has to do, Commissioner Plummer,
r
is to approve that alternate course. The City does not have
the liability to pay for that.
Mayor Ferre: Mr. Weaver, to you or through the Manager to
Mr. Gilchrist or whomever would like to answer this while I
have you and I have this map, before me, it has been the
expressed desire both the designer of this part, Mr. Noguchi
of the committee that has been chaired by Mrs. Tina Hill, of
several dozen community leaders and people in the civic
world that the main fountain, which Congressman Pepper
'Srz
doesn't let a week go by that he doesn't call me and talk to
me about the Mildred and Claude Pepper Fountain, was first
of all going to be in travertine. Then it was decided that
1
it would be much better if it were built in Florida
�
keystone, which is a more appropriate material for Florida.
I think we all are very happy at that and we agreed to it.
Now it looks like this thing kind of winds around the
like to know how in the
fountain from the looks of it. I'd
�4TMv
�a3{
world we're going to be able to keep this very soft stone
called Florida limestone, keystone I guess it's called, from
damaging and marking. How do we clean it? I mean, if you
sandblast that, you'll just sandblast... That's just soft
wtk.
stone, that will be sandblasted right off the face of the
earth.
1.f
aX
Mr. Weaver: Mr. Mayor, may I present Commissioner John
Gilchrist to respond to that?
Mr. Gilchrist: That was quite an elevation. Mr. Mayor, the
race course came about at the time we entered into an
agreement with Mr. Sanchez. Originally, there were two
alternate courses. This was the number one course to be
permanently run that you have before you. In an
intermediate basis, you run on Biscayne Boulevard only. At
that time, Mr. Noguchi and the architects, Soji, Sadao, and
Lester Pancoast redesigned the Baywalk to be 35 feet wide to
accommodate the race. The course was designed in concrete.
al 15 December 3, 1984
Ll
That concrete is to be sandblasted. We've tried several
different ways of dealing with the concrete to make it
workable. It's the easiest surface to clean and it allows
back and sandblast to take off marks.
Mayor Ferre: I have no problems with the sandblasting of
the....
Mr. Gilchrist: Now, the course around the fountain, the
'._;. donut around the fountain is at this time concrete and it's
in the contract with the Corps of Engineers in concrete. In
very recent times, as you know Mr. Noguchi changes from day
` to day. He came back to us within a matter of two months,
and said that he wants to use keystone on the Flagler
Promenade and then later he wanted to take it around the
fountain as well. But at this moment in time, it is not
in....
Mayor Ferre: In other words, what you're saying is that
recent?
Mr. Gilchrist: That is very, very recent. I have taken it
upon myself not to change the contract with the Corps of
Engineers to have the keystone put in there, because in
fact, you could not race on the keystone. It would have to
be removed for the race. Keystones would turn over with the
wheels and it's just not possible to run on those keystones,
period.
Mayor Ferre: I didn't think so.
"k
Mr. Gilchrist: -So at this moment in time the entire course
{
along the Baywalk is in concrete. Mr. Noguchi is requesting
to change that.
Al !
Mayor Ferre: Let me tell you what the alternative is,
4.
Kitty, because I see you're distressed there. The
alternative is that the width of the race road itself, I
imagine, is no more than 20 or 25 feet. Is that correct?
Mr. Gilchrist: No, sir, the 35 foot came from they needed
enough to have 32 foot clearance and to put jersey dividers
on each side.
Mayor Ferre: I understand, but from concrete divider to
concrete divider, what is this...?
Mr. Gilchrist: 32 feet.
Mayor Ferre: What is the width of the walk around the
fountain. It's much more than 32 feet. That's a football
field.
Mr. Gilchrist: Yes, it's 75 foot across the....
Mayor Ferre: Let me ask you this. That being the case, is
there any reason why there is a certain portion of that that
couldn't be in cement and obviously the inner ring, if you
will, which might be very substantial in nature if you let
the race take the outer perimeter of that circle, you, I'm
sure, could have a good several hundred feet that would be
in limestone.
Mr. Gilchrist: But the fountain design is done such that
it's basically a dish with a fountain in the center. That
dish area is now proposed to be done in marble or granite
and that has always been the case. The only part that is
cement is the race course width of 32 feet running around
the fountain.
sl 16 December 3, 1984
a
fry
Mayor Ferre: Mr. Paul, I was asked, if it's all right with
�f,..
you, Mr. Weaver, since he needs to get back to some legal
� 6
ease, that he wanted just to address the Commission on this
one issue.
rMl
Mr. Dan Paul: Mr. Mayor, my name is Dan Paul, 100 South
Biscayne Boulevard. I'm here speaking for the Bayfront Park
Committee because if you approve this agreement today, you
might as well scrap the Claude Pepper Fountain, at least in
accordance with the plans that Mr. Noguchi has designed.
It's over a year ago that Mr. Noguchi specified that there
be either travertine and now keystone on the Flagler
Promenade and on the circle as it surrounds the fountain.
There's no way in the world that you're going to be able to
run that race over keystone. What I ask you to do if you're
going to persist in running it there, to do what I
understand you've agreed to do for Bayside, and that is to
pick up. the keystone pavers and remove them before the race
and put'them down. As I understand, you're going to do for
the entrance to Bayside. You, at the City's expense, are
going to pick up all of Bayside pavers and build a new race
course for Mr. Sanchez.
Mayor Ferre: Every year?
Mr. Paul: Every year.
Mr. Gary: That's correct, but in terms of size, there is a
big difference.
Mayor Ferre: Small.
Mr. Gary: There is a big difference compared to what Mr.
rR
Paul is talking about in the entrance way.
�K
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Mayor Ferre: Mr. Gary, furthermore, there is a big
difference in picking up a cobblestone, which is a very
�U
tough hard rock; it can be taken out and put back right
away, and limestone, which there is no way you could pick it
up. You'd have to destroy it and put new limestone. I can
tell you what limestone is costing right now. It's $7.00 a
square foot.
{
Mr. Gilchrist: In addition, sir, the Bayside entry area is
to be designed to allow for a specific laying down and
044,4removal
of the pavers on an annual basis.
Mr. Paul: Do you realize what kind of expense you're
getting in to pick up all those Bayside pavers every year?
eW.
Mayor Ferre: Not very much, Dan, if it's... all you're
talking about is maybe 30 or 40....
4k...;
Mr. Paul: Then you have to put asphalt down
to make a
racecourse and then remove the asphalt and put
the pavers
back down.
Mr. Gary: Mr. Mayor, the point, Dan, what you
have to say
`
is that travertine was not proposed and is not in the budget
d'
for the Noguchi park. That cost is going to be
added, and
there is a difference between taking up a small
area right
LL
in front of the Rouse project, as opposed to the
major area.
✓
Mayor Ferre: I think the Manager is totally....
�r
Mr. Paul: I think you ought to wait until you get this
agreement.
u
Mayor Ferre: Just wait a moment, Mr. Gilchrist,
would you
it"moR
show this to Mr. Paul? Show him what you just
showed me.
=,s.
What you're talking about is a very small strip,
Mr. Paul.
sl 17 December 3, 1984
Mr. Paul: I understand, but if you are going to completely
destroy the design of the Noguchi park....
�t
Mayor Ferre: That's different. That's another....
Mr. Paul: If you are going to have keystone promenade from
the foot of Flagler Street and then drop off to a concrete
.'
circle around a $3 million granite fountain, that just
doesn't make any sense and it will not look right, and I
wouldn't be surprised to see Mr. Noguchi walk off the
project when he finds out that of all things that are
important to Mr. Noguchi are the materials that are used.
As we know, from the time that's gone in negotiating that.
One other thing, and I haven't seen this agreement because
nobody has, I understand that -and you're right, Mr. Mayor -
the Baywalk will not be completed by February of 1986,
December of 1985 or November of 1985. You might as well
face that fact squarely now. I was told that if the Baywalk
is not completed, it is the City's financial responsibility
to arrange an alternate race course. That may or may not be
in the agreement. But somebody is going to have to arrange
s
an alternate race course and you ought to face that now with
Mr. Sanchez, because I can tell you as a fact you will have
to use an alternate race course. There will not be a
Baywalk in existence to use for the park, and you better
find out who's going to pay for it and what kind of impact
fees and what kind of claims you're going to have.
Secondly, if you're going to have an alternate course, where
is it going to be? There is certainly no room in the park
}
for any alternate course, unless you wanted to destroy the
rock garden and. the rest of the Noguchi plan, there's no
place to lay it out. As far as your buff colored concrete
x
Baywalk, even assuming when it gets in, there's no way to
F
clean those tire marks off. Go and look at the asphalt from
p
last year's race.
Mayor Ferre: Sandblasting.
f f
,y
Mr. Paul: How many times can you sandblast?
Mayor Ferre: It has to be sandblasted; it has to be light
sandblasting over the whole thing.
Mr. Paul: I said but who's going to pay for that?
yF
Mayor Ferre: Obviously the City.
Mr. Paul: And how many times can you sandblast the walk
v
without destroying the finish?
Fr r
Mayor Ferre: That we don't know and that's a good question.
dA`
F
I asked that question earlier today when I first heard
about this.
Mr. Paul: I think that you need to really... we would
certainly, as a committee, like to have an opportunity to
review this agreement. We have not sent it. What I'm
'
telling you is all that I know about it that I've been able
to find out from Miriam Maer and from David Weaver and from
John Gilchrist talking about it this morning, but we are
very much concerned that this agreement is going to impact
;a
the Noguchi park in such a way that you're not going to be
able to complete the Pepper Fountain.
Mayor Ferre: Mr. Paul, just for the record, you are here
not representing yourself, but the committee?
Mr. Paul: Exactly, representing the Bayfront Park
Committee. It's not just the actual race course, of course,
al 18 December 3, 1984
n't
you have concrete barriers and chain link fences and the
x landscaping is part of the Noguchi plan. Are we going to
remove all the landscaping ever year to p g y y put up all those
big concrete pavers? I really think that the course... We
want to see the race go forward, but I really think you
better be sure what financial obligations the City's
�{ undertaking, or either give up the Noguchi park and the
,aj Pepper Fountain if that's what you want to do.
f
Mayor Ferre: Mr. Paul, let me just and on the record -this
is just one persons's opinion here- this is a touchy matter
and it's not simple. I know that Mr. Weaver and the people
that are involved in the negotiating this have been at it
all week and that they spent Saturday and Sunday or at least
a great portion of the week -end trying to negotiate this
matter out. It is my opinion that there is a middle ground
that can be achieved. Now that I understand the logic of
all this, I do not think that the cobblestone issue is an
important one, because it is a very small strip and it is
r
very simple to take out cobblestones, put in asphalt and
come back and put cobblestones back and it is a very
inexpensive matter. I do believe that the keystone around
the ring around the travertine or marble fountain is a major
design issue. I also feel that Mr. Noguchi had not really
focused on this keystone until evidently very recently.
That's not what John Gilchrist said. I think hopefully
that there might be a way that if the road itself, I'm
sorry, the Baywalk itself at least those 32 feet are going
to be in buff colored concrete, that the buff colored
concrete around the ring can certainly go to a point where
it doesn't really do much harm to that plaza which contains
the Pepper Fountain in it. I might remind you that the
Pepper Fountain is the length of a football field from the
outer perimeter to the outer perimeter. A 30-foot swatch
"}
through there, I don't think, is a major thing in the
totality of the magnitude of that fountain. That thing is a
football long! Now 32 feet is not, in my opinion, going to
do that much damage if it is properly designed. Mr. Noguchi
has shown a tremendous ability to work around These design
problems and it is my opinion that can be done hopefully
again, I would like at least to before finalizing this,
give that opportunity. With regards to the third issue,
which you pointed out, which there I'm in complete agreement
with you and that is we do not want this racetrack going
through the middle of the g park where we will be destroying
first of all, we have an amphitheater to build, and we have
s.=
a rock garden. I'm saying on the record right now that the
amphitheater and the rock garden and the other design
Noguchi Park next to the entrance to Miami Center and
specifically the Pavillon Hotel will not be in any way
disturbed. So there is no other route that race could take.
:
I think it's important that we so stipulate on the record
4
before we finalize these negotiations. That is the only
possible alternative route. I might say that I don't -and
the administration can speak for itself- but I don't think
the administration ever envisioned it going any where else
but there. I franklythink that it can be accommodated
without tremendous damge to either the rock garden or the
amphitheater or the children's play area, which is designed
as is shown in this drawing which I'm going to make a part
of the record, so that it is officially part of the City of
Miami record.
r
Mr. Paul: What are you going to do in 1986 when there won't
K
be any Baywalk?
Mayor Ferre: I think you are right there, and that is a
fourth point. I think we need to tell Mr. Sanchez up front
that it is highly unlikely that the Baywalk will be finished
by 186 and we need to know the proposed route of his race In
186. I think you are totally correct on that.
al 19 December 3, 1984
Mr. Paul: I would hope that before you finalize it, that
you give the committee and Mr. Noguchi an opportunity to
study this so if we're going to work out an accommodation at
least you get all sides represented in this particular
matter.
�
�_3• ,, �
Mayor Ferre: I think you're right in that.
•,
Mr. Weaver: Mr. Mayor, I would like to comment that what
we're dealing with here is two projects or two events which
'.`
in many ways initially appear to be incompatible. What we
have attempted to do here is through negotiations to find
ways to interface these two events, both of which clearly
enjoy a very high degree of public support. I will say to
you that there is no anticipated impact on the amphitheater
on any of the other design aspects of the Noguchi park other
than the fact that in order to get across the full length of
the park, it's clearly necessary to cross the areas
surrounding the fountain. With respect to the pavers at the
entrance to Bayside, we're not even certain whether it's
going to be necessary to take those up on an annual basis.
We're working closely with the Rouse Company to determine
what would be the most logical, cost-effective manner of
achieving that objective.
Mayor Ferre: Mr. Weaver, this is not in any way a criticism
w
to you or any of the people who are involved. I think
you've done a wonderful job of negotiating this. This is a
late arising issue. In my opinion, I think you've resolved
it very well. I think Mr. Sanchez as been, all things
weighed, generous in his offer and I think what we have left
to work out is some very small details. I agree with you.
u
Mr. Weaver: I think that probably the most complex issue...
Y
�z
there are two complex issues left in this process. One is
how do we avoid impacting the Noguchi project any more than
is absolutely necessary.
Mayor Ferre: Not the Noguchi project, the City of Miami's
h
redesign of Bayfront Park. The fact that Noguchi happens to
` r.;...
be the designer is a very important detail, frankly. it
could have been any one of a dozen major international
designers. We're lucky to have Mr. Noguchi, but it is not
Mra Noguchi's park. It's our park and we all want it. You
want it and most people in this community want it. I think
w.
we worked out an agreeable alternative. I do think that Mr.
Paul... not Mr. Paul, I'm sorry, the committee that is
r
chaired by Mrs. Tina Hills, which Mr. Dan Paul is
y
representing here today, have some legitimate concerns.
Part of those concerns come out of not knowing all the facts
a
because we just negotiated that within an hour.
Mr. Weaver: As I said at the beginning of this process, Mr.
Mayor and Commissioners, this is clearly an evolutionary
process. We're seeing evolution in action right now. We
will clearly be working on trying to find an appropriate
solution for this, Mr. Paul. The second issue, which I
think is perhaps more critical and should be drawn to
everybody's attention is although the City does not have an
�. =
obligation to relocate or
g pay for the relocation of the
race, if in fact it is unlikely that the race can be run
4Y;
through the Baywalk area or on that race course next year,
it is of course, imperative that Mr. Sanchez confront that
._
issue immediately with the City and try to find a
{.
resolution. One thing is very clear and it's come clear to
me over the past few days of negotiating with Mr. Sanchez
and his team, that is that if we are going to run a road
al 20 December 3, 1984
h
y
race and if the City of Miami wants a road race, we can't be
=9
cavalier about Mr. Sanchez's rights to run that race and he
=`
has to know whether he has a place to run his race or not
run it. He can't skip a year; he's finished if he doesn't
run this race in 1986, he doesn't have a road race and the
City doesn't have a road race. May I continue with the
items that are in the supplementary agreement and then I'll
F
be happy to answer any further questions? Bayside has
agreed to close the Bayside parking garage to the general
public for a five day period annually and it will allow the
licensee, Miami Motorsports to use it for storage and
display of race cars and for promotional activities. The
licensee has agreed to pay a fee to Bayside for that special
use. Bayside has also agreed to close the specialty center
to the general public annually for the two day race event.
The general public will of course, have access to the
'
Bayside stores, but they will have to pay an entry fee,
which will be for the Miami Motorsports benefit. In the
event that Bayside decides to construct a restaurant, which
it has the right to under, or would have the right to under
the proposed land lease to Bayside, in the event that
Bayside does construct a restaurant on the part of the
property which is located within Bayfront Park, it will
require the restaurant operator to close the restaurant
during the annual race event, unless the licensee elects to
use it during the race event. Finally, the issue...again,
we really did discuss.
Mayor Ferre: I'm sorry Mr. Weaver, the restaurant is the
one next to the rock garden?
Mr. Weaver: Yes, sir.
i3
Mayor Ferre: Doesn't Rouse in effect have an option on
that?
�4
�x
Mr. Weaver: That's correct.
r
Mayor Ferre: So it would be Rouse, and if they reject the
option, then whomever else we'd give it to would have to
agree up front.
Mr. Weaver: That is correct.
r=-
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
Vk�11^5
x �f
RECORD.
Mr. Weaver: Miriam Maer has drawn to my attention that I'm
referring only to a three party agreement between the City,
'
Bayside, and Miami Motorsports and this obligation is only
for Bayside to close the restaurant, should it elect to
4.
build the restaurant in the first place. The last issue has
been discussed extensively and that is the City is
responsible for removing tire tracks from the road surfaces
and the walkways and for the removal and replacement of
decorative tile pavers at the entrance to Bayside. Do you
have any further questions on these documents?
t
Mayor Ferre: How much are we receiving from Rouse in the
f '
first year?
Mr. Weaver: The first year minimum rental is I believe
$3259000; that goes up to $650,000 in the third to six
years; and then a million dollars thereafter.
Mayor Ferre:
effect....
Mr. Weaver:
impact.
We have to pay Sanchez three fifty, so in
The first year's rental is going to cover the
sl 21 December 3, 1984
Mayor Ferre: Is is going to three fifty plus a hundred?
Mr. Weaver: No, it's $350,000; it's the impact fee. There
is a hundred thousand dollars a year for the....
Mayor Ferre: Obviously, since we won't have an impact this
year, I'm talking about 185, there is no payment in 1985.
Mr. Weaver: There is no payment in 1984. The impact fee
would be 1984, $3509000.
Mayor Ferre: When is the impact?
Mr. Plummer: In other words, is the hundred thousand and
three hundred and fifty thousand in the same year?
Mayor Ferre: When are they payable? I guess that's the way
to ask the question.
Mr. Weaver: It is $100,000 in 1985.
Mayor Ferre: When?
Mr. Weaver: The impact fee is $350,000 within 30 days of
signing of this agreement....
Mayor Ferre: And the signing?
Mr. Weaver: And the signing. There is an impact fee of
$100,000 in 1985 and each of the consecutive years to the
completion of the contract.
Mayor Ferre: When in 185? In the beginning of 185?
Ms. Miriam Maer: As far as that first one, it's 60 days
prior to the race....
Mayor Ferre: 60 days prior to what race, is what I'm trying
to establish. The February race? That puts it right now.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mr. Plummer: $350,000 plus 13 payments of $100,000.
Mr. Weaver: That's correct. And the $100,000 for 1985 is
to be paid 60 days prior to the running of the race so that
would also be at the same time as the $350,000.
Mayor Ferre: That's this week.
Mr. Weaver: $450,000 is what we're talking about.
Mayor Ferre: So, in other words, we have an out of pocket
expenditure of $4509000 immediately. We'll get three twenty
five -I'm talking about cash flow now- three twenty five
back. So, in effect, we'll have $125,000 investment into
this. Eventually, we'll catch it up from the rental.
Mr. Weaver: That's correct.
Mr. Dawkins: Mr. Mayor, I have a few questions. Will you
put your minority participation? Under article one,
definitions, beginning with the first thing that says, "this
agreement..." Do you have that?
Mr. Weaver: Yes, air.
al
22
December 38 1984
e..
Mr. Dawkins: This agreement means this minority
participation agreement as the same, may be modified or
amended from time to time. Either we have a minority
participation agreement or we don't. So now explain to me
if we have a minority participation package, what makes it
necessary to amend it from time to time?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
n '
Mr. Weaver: One second, Commissioner. Mr. Commissioner, at
the risk of not knowing more appropriate language, that's
legal boiler plate which does not in any way obligate either
5
party to amend the document at any time.
Mr. Dawkins: O.K., then when you bring it back, I will be
passing a resolution, a motion, or an ordinance to modify it
to say ..this agreement means, this minority participation
agreement as same may be modified or amended from time to
time by a four/fifths majority vote of this Commission.
�=
Mayor Ferre: Make that as a motion now. I'll accept that
as motion.
Mr. Dawkin3: I make a motion now that as you bring this
back for the second reading, that this agreement will be
amended to say that you can only amend it with a four/fifths
majority vote of this Commission.
Mayor Ferre: Is there a second to that motion?
Mr. Perez: Secdnd.
Mayor Ferre: Is there further discussion on that? Call the
roll.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 84-1332
A MOTION OF THE CITY COMMISSION
STIPULATING THAT IF ANY AMENDMENTS WERE
TO BE CONSIDERED IN CONNECTION WITH THE
APPROVAL OF THE MINORITY PARTICIPATION
AGREEMENT FOR THE BAYSIDE PROJECT, SAID
AMENDMENT COULD ONLY BE ACCOMPLISHED BY
A VOTE OF NOT LESS THAN FOUR FIFTHS OF
THE COMMISSION.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote -
AYES: Vice -Mayor Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Dawkins: On page 5, article 2, item A, we have a 25%
Latin set aside and a 25% Black set aside; 25 and 25 is 50.
Then in tiere you have a 35% set aside. Why, sir?
Mr. Plummer: Where are you reading from?
81 23 December 3, 1984
Mr. Dawkins: I'm reading page 5 of the minority
participation, page 59 article 2-1-A, goals; A under 2-1•A
section.
Mr. Plummer: One speaks to jobs and the other construction.
Mr. Gary: Commissioner Dawkins, I'd like to bring your
attention to article 20 section 2.1 A and B.
Mr. Dawkins: Mr. Gary, with all due respects to you, sir, I
would prefer to take them one at a time, sir, and after I
have dealt with A, if you are desirous of dealing with B, I
will, sir.
Mr. Gary: My comments are going to be in conjunction with
all three.
Mr. Dawkins: I will wait until Mr. Weaver finishes, sir,
and then I will listen to you. That will be your last
official act, that's quite all right, sir.
Mr. Weaver: May I call on the Manager, sir?
Mr. Dawkins: O.K., go right ahead, Mr. Gary. Mr. Weaver
said to let you explain, go ahead, Mr. Gary.
Mr. Gary: The reason I brought out these three points is
because what we've tried to do was to develop a workable
goal for various aspects of the Bayside project. On 2.1-A
you'll see that there is 35% of the total contract price.
That is the contract price for construction. Under B, you
will see there's 50% for the construction jobs going to
minorities. On page 14, section 6.2....
Mr, Dawkins: Hold on, don't get too far ahead on me.
Mr. Gary: Yes, sir, page 14, section 6.2, title "Developer,
Employment" and I'd like to quote from that. It says:
"Developer agrees to use his own diligent good
faith efforts to hire minorities for at least 75%
of his project operation positions, for at least
50% of key management positions of the developer."
Mr. Dawkins: Mr. Gary, that's fine.
Mr. Gary: I have one more section.
Mr. Dawkins: Let me ask you. I want to ask about this
section first, before you get to another one.
Mr. Gary: O.K., yes, sir.
Mr. Dawkins: This section is fine. This section is
beautiful, but unless we, in the minority community get some
of the money in construction, we will have no money to be
tenants in the development. So right now my concern is not
when you get it developed and who you are going to put in it
after you build it. My concern is how those of us who are
not employed now in the minority communities are going to go
to work and earn some money to eat and be here to
participate when you complete it.
Mr. Weaver: May I respond to that, Commissioner?
Mr. Dawkins: No, no, wait now, I'm not going to have the
two of you. I'm going to take you one at a time. If you're
going to handle it, I'll handle you. If Mr. Gary is going
to handle it, I'll go to Mr. Gary.
sl 24 December 3, 1904
Mr. Gary: I'll take the punches first, you'll take them
second.
Mr. Dawkins: Your second one was what now?
Mr. Gary: The other one was page 13, section 6.1, "Tenant
Employment" where there we have 75% of the tenant employment
for minorities. So there is a variation on the scale,
Commissioner with regard to construction; 35% of the
contract price goes to minorities. 50% of all construction
jobs goes to minorities, but then when you get to operation
N of the facility and the management position, you're talking
about 75%. This was through negotiations of what we thought
.`; was achievable for the City as well as for Rouse.
Mr. Dawkins: Mr. Gary, like I said, that's fine. We have
an ordinance; the ordinance says 50% minority participation.
Now that's what it says.
Mr. Weaver: You have 50% minority participation, sir. 50%
of all construction jobs in the construction contract....
Mr. Dawkins: Here
again, we go into semantics. I told you
when you bring it
back, bring it back to me where it said
50% of the total
dollars. I did not tell you about no
contracted price.
50% of the total dollars of this project,
25% of the total
dollars were to be spent with Latins,
.;
Cubans, and 25% of
the total dollars of the development were
to be spent with Blacks.
Mr. Weaver: May
I just clarify, sir, that the ordinance
that you are referring
to is involved with City construction
of City projects, which does not relate to this.
Mr. Dawkins: It
doesn't relate to this at all? So we're
not giving you any
public....
Mr. Weaver: No, sir.
Mr. Dawkins: Hold it, Mr. Weaver, hold itd You are not
receiving public funds such as HODAG, UDAG, and all those
other things that we give to other developers. You're not
receiving any of that.
Mr. Weaver: Sir, what I'm saying is....
Mr. Dawkins: No, no, no....
Mr. Weaver: Of course, we are, Commissioner.
Mr. Dawkins: So therefore, if you're doing that, then that
means that you should meet the City requirements.
Mr. Weaver: Sir, if you take a look through the percentages
here, in certain cases these percentages significantly
exceed the requirements....
Mr. Dawkins: I'll have to a borrow a page from the Mayor's
book. That's my opinion. Now let's go to B. B must read
50 of all construction jobs under construction contracts to
be filled by minorities living in Dade County. We're not
going to have a contractor bring in his minorities in here
from another country, county, state, or something and
putting them to work and tell me he met his minority
participation. I'm not going to have that.
Mr. Carollo:
project.
Which is already happening by this particular
sl 25 December 3, 1984
Mr. Dawkins: Mr. Mayor, I'm going to make another motion
that on Article 2.1-B, 50% of all construction jobs under
construction contracts to be filled by minorities living in
Dade County.
Mayor Ferre: I will accept that as a motion. Is there a
second?
Mr. Plummer: Second.
Mr. Carollo: In fact, Mr. Dawkins, if I may, I'm going to
S
be more precise. In the area of security, which I have a
little knowledge in, what is happening is that a company
'
that the Rouse Company helped create and take some of their
'
business somewhere else. It's a company that they already
brought it to Dade County to place into this particular
-:
project and at the same time those that might not have been
as friendly to some members here of the City Hall
administration tried to find ways to give and create
additional competition to and take some of their contracts
`
away, which they were not able to, of course.
Mr. Plummer: Call the roll.
Mr. Dawkins: You have to call the roll, sir.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 84-1333
Lfir
A MOTION STIPULATING THAT IN CONNECTION
Rr, =
WITH THE MINORITY PARTICIPATION
,s
AGREEMENT FOR THE BAYSIDE PROJECT, AND
MORE SPECIFICALLY IN CONNECTION WITH
�fs
ARTICLE 2, 20)(b), FIFTY PERCENT (50%)
4 S
OF ALL CONSTRUCTION JOBS SHALL BE FILLED
BY MINORITIES WHO ARE RESIDENTS OF THE
COUNTY OF DADE.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Vice -Mayor Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
DURING ROLL CALL:
Mr. Carollo: While voting yes, I just have to keep in mind
that everyone seems to be protected here, but no one has
spoken up for the American Indians. I'm just wondering if
we should include a 5% set aside for the minority of
American Indians that are in Dade County.
Mr. Dawkins: I'm running a bus out there where we can play
bingo with the money we make off Bayside.
Mr. Carollo: Maybe that's an idea. We should include a
bingo parlor there.
Mr. Dawkins: That's all I have, Mr. Mayor, thank you.
$1 26 December 3, 1984
Mr. Plummer: I have some questions. In minority committee,
Dave, I have a problem with the idea that Rouse will be
appointing that committee, that this City will have no input
as to the committee. Page 15, article 79 on or before 120
days following execution of the lease agreement, the
developer will establish an ad hoo advisory and assistance
committee, in parenthesis, minority committee.
Mayor Ferre: What are we waiting for?
Mr. Plummer: I guess for them to come back with an answer.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
Y RECORD.
Mr. Weaver: Mr. Commissioner, that is an item which has
apparently slipped through our net and we will be discussing
that further with the Rouse Company.
Mr. Plummer: Mr. Weaver, you and I....
Mayor Ferre: Can I ask, J.L. , on that particular point, I
had a note here that I wanted to ask. On the $100,000 of
the 10%, I assume whichever is larger, does that come before
or after the payment of the administration fee and debt
service and all that? Is that net, net?
` Mr. Weaver: That's of net profits available for
distribution.
Mayor Ferre: I see, so it's 10% of net, net. So obviously,
if we're expecting to make substantial amounts of money as
is Rouse, with our 35$, this 10% could be a very
r substantial....
7 ~_ Mr. Weaver: It could be a very significant number.
Mayor Ferre: That's why I think the importance of what Mr.
Plummer is pointing out becomes very....
Mr. Weaver: It's clearly a significant point. My
recollection is that in the response the proposal made by
the Rouse Company there was...
Mayor Ferre: You see, it goes to the CDC.
Mr. Weaver: Excuse me, just a second. Here we go. There
is a confusion here, sir. I think we can clarify this for
both you and Mr. Plummer. We have two organizations. We
have the minority foundation, which is to create and
administer a loan guarantee program for venture capital
loans to minority business enterprise and to create a
vocational educational scholarship fund for minorities and
to provide technical assistance. That foundation is to be
established, the developer will establish or cause to be
establish. However, the make up of that shall have a board
consisting of 15 directors; one third of the directors
appointed by the developer, one third by the City
Commission, and one third of the directors representing
community organizations and elected by the balance of the
board. That's the entity which administers those funds.
What we're referring to in the minority committee is simply
an advisory committee, which the developer wishes to appoint
for its own purposes to advise it on how to do it.
Mayor Ferre: That's something else. The important
committee is the foundation because that's where the money
is going to be.
sl 27 December 3, 1984
Mr. Weaver: That's correct.
decision to appoint their own
obtaining advice and counsel.
The second one is simply their
committee for the purpose of
Mr. Plummer: Dave, do you want me just to give you my areas
of concern without your having to address them and you can
do it at a later time?
Mr. Weaver:
Whichever
is more appropriate, sir.
Mr% Plummer: I don't
want to prolong this if we're going
to... let me
just give
them to you. You can make notations
of them and
then you can answer them later% On page 111, my
concern is
that this agreement is being signed by the Rouse
Miami Inc.,
a Florida
corporation general partnership. It
would seem
logical to
me that it would be signed by the
Rouse Company in total
of Maryland.
Mr. Weaver:
The Rouse
Company does guarantee this contract,
sir.
Mr. Plummer:
I think that I would feel more comfortable
with the big
guy putting his name on the dotted line than
the guy who
represents Florida putting his name on the
dotted line.
It is prohibited, but I would like to see
language...
I don't think casino gambling will ever happen
in the state,
but should it happen....
Mr. Weaver:
That is in there, sir.
Mr. Plummer:
It's a non -permitted use, casino gambling or
games of chance. I want the language the language to go a
z
little bit further; then if the day ever comes that casino
gambling is
approved that is not automatic that they can
place that on
that property.
Mayor Ferre:
In other words, they would have to come back
to the Commission to negotiate out the....
Mr. Plummer: That is correct. Another point, which I have
spoken to before that in no way can they pledge any of the
assets or in any way the Miami operation to any other
entity. I'm still concerned and want to have further
information about the UDAG grant. The ad valorem taxes, I
want that be more delineated over to the area of which they
will have control. The local minorities we spoke to.
Maurice, you're going to bring up the union?
Mayor Ferre: Go ahead.
Mr. Plummer: I don't find the ordinance passed by this
Commission relating to union contractors. I have problems
as I have expressed to you about the days of operation. I
would have hoped that they would have operated 366 days a
year, because their revenue governs our revenue. As
proposed in here it is 222 days, five days a week; it does
not speak to the hours of operation. It could be one hour a
day according to this document and they are in compliance.
They have to be open to produce revenue. Our revenues are
predicated upon theirs. I am concerned in that area about
any future development after the initial construction and
everything is completed and especially about the financing
or refinancing of a future development. I want to make sure
that at all times this City holds control over any future
development that might come about. Those are the areas that
I have the most concern.
Mr. Weaver: I believe, air, that you will find in the
latest documentation that most of those issues have been
addressed, and we will be happy to talk with you further if
there is any questions.
sl 28 December 3e 1984
Mr. Plummer: Mr. Weaver, not any detriment to you, but I
have about four documents. They are all marked "Draft."
None of them have a total package showing all of the
delineated areas nor all of the appendix. If we were
arguing only from a single document, then I would understand
it. But where there are so many documents circulating, I
think it has to be made very, very clear.
Mr. Weaver: I understand.
Mr. Plummer: Those are the areas of my concern, Mr. Mayor.
Mayor Ferre: On the question of the UDAG, Mr. Weaver, is
there any question. If we don't get that six million one,
is there anything else in jeopardy?
Mr. Weaver: I'll let Mr. Gilchrist answer that.
Mr. Gilchrist: Mr. Mayor, that is a condition precedent as
a but force statement to UDAG that project cannot be built
unless we have the UDAG grant.
Mayor Ferre: Tell me again.
Mr. Gilchrist: That is a condition precedent in the
agreement at a but force statement to UDAG in order for us
to get the grant. We have to have the $6.1 million UDAG
grant there.
Mayor Ferre: Is this contract invalid if we don't get the
$6.1 million?
Mr. Gilchrist: The way it appears before you, yes, sir.
Mayor Ferre: That's not acceptable to me. I want to
explain to you, I don't want to get into that whole area,
but I don't think that we can have this whole thing based on
the $6.1 million UDAG. I mean I don't know what this
administration...%
Mr. Gilchrist: If we remove that, sir, we remove the but
force statement from the UDAG as long as the UDAG
application is, and I just spoke to Frank, who is in the
audience here. He has a letter from UDAG that we have the
grant.
Mayor Ferre: If that is acceptable to Rouse as prima facia
and bona fide evidence and that's all we need to do, that's
fine, but I don't know what Mr. Stockman is going to
recommend to the treasury and Secretary Pierce, and I don't
know what Secretary Pierce is going to do between now and
getting the payment of that.
Mr. Gilchrist: If the UDAG grant for any reason does not
come forth, both parties are prepared to renegotiate.
Mayor Ferre: Renegotiate this whole contract.
Mr. Gilchrist: Let me make this point very clear, sir, this
contract at the request of the Commission, contains a clause
that says but for obtaining of the UDAG grant, the Rouse
Company is not prepared to proceed with this project.
Should the UDAG not occur, should the grant not occur, then
it would. be necessary at that time to renegotiate the
contract. That is correct.
$1 29 December 39 1984
Mr. Perez: Let me ask. Do the UDAG grant petition have to
°M
be approved by the City Commission? The grant petition have
to be approved by the City Commission?
4 pef,4�4 .A;
y'
Mr. Gilchrist: The grant petition?
Mr. Perez: Yes, the UDAG grant for $6 million.
Mr. Gilchrist: Yes, sir.
Mr. Perez: It has to be approved? When do you plan to...?
Mr. Gilchrist: HUD has not submitted to us, but we'll
submit a contract between the City and HUD for the UDAG
grant and it will come before you in that form. Not only
will you have to approve and agree to it, but all aspects of
it in the contract.
Mr. Perez: When do you plan to have ready that petition?
Mr. Gilchrist: The problem is that it's at HUD's discretion
as to when they furnish us the contract. Our calls to them
simply they respond to us that they are in the process of
preparing the contract and when they get it ready, they will
submit it to us. We cannot have the funding until the
January round, by the way.
Mr. Perez: I think that it would be proper that this
Commission have copy of that petition about two weeks in
advance, not ten minutes in advance as we are receiving all
the papers at this time. I think that it is important that
we have the proer information and details. Could I get a
full disclosure about all the owners and all the
participants of the limited partnership and the kinds of
participation that they have? What are the persons? Could
I get a copy? Do you have it available now?
Mr. Gilchrist: We're just taking note of your concerns, but
sir, if we would have gone ahead with this today, we had a
resolution naming the members of the partnership and so
forth.
Mr. Perez: But would it be possible to get it before....
Mr. Gilchrist: We can name them right now.
Mr. Perez: I would like to have and also about minority
committee that Commissioner Plummer mentioned today, I think
that Mr. Weaver mentioned that is not an important
committee, but I think that it's important that we have a
strong participation of this Commission. I would like to
propose to appoint another committee to inspect and to
supervise this contract about minority participation. This
minority committee mentioned at the end that the developer
would maintain the minutes of the committee meeting at his
office in the City of Miami, available for inspection by the
City and the members of the committee. I think it would be
healthy to appoint committee by the City of Miami
Commission, a committee of five members in order that we
have the proper information about minority participation on
this issue. I want to make that formal as a motion, Mr.
Mayor.
Mayor Ferre: All right, Mr. Weaver, is there any reaction
from any members of the committee on that? There is a
motion. Is there a second?
Mr. Plummer: Second.
Mayor Ferre:
Further discussion? Call the roll.
sl 30 December 3, 1984
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION N0. 84-1334
A MOTION OF THE CITY COMMISSION APPOINTING A
FIVE MEMBER COMMITTEE TO INSPECT AND
SUPERVISE THE MINORITY PARTICIPATION
AGREEMENT FOR THE BAYSIDE PROJECT IN ORDER
THAT THE CITY COMMISSION MIGHT BE FULLY
APPRISED OF PERTINENT INFORMATION IN
CONNECTION WITH ALL ASPECTS OF THE
IMPLEMENTATION OF SAID MINORITY
PARTICIPATION AGREEMENT.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote-
.
u
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Mayor Ferre: With regards to the union aspects of this, Mr.
Weaver, Mr. Horton, from the AFL-CIO is here: Previously
they had delivered a copy of an agreement, which parallels
the agreement that the Rouse Company had signed with the
trade union in both Baltimore and Boston. I understand that
in previous major Rouse projects, that this agreement had
been achieved. We have not heard back from you or Mr.
Dausch or the Rouse Company on this issue, Mr. Horton.
Mr. Dan Horton: Mr. Mayor, Commissioners, Dan Horton, with
the South Florida Federation of Labor, the AFL-CIO. Please
bear with me, I have a bit of a cold as does most everybody
in town these days. Our local building trade unions are
prepared to execute that agreement at the appropriate time
with Rouse and Company. Most, in fact, all of our local
building trade unions are of course, bound to international
unions. Rouse is a totally reputable national company and
most of those international unions at these locals respond
to have in fact already developed national agreements with
Rouse and Company and would be bound by those. But I can
assure this Commission that speaking for those local unions
that were here at your previous meeting, they stand ready at
the Commission or Rouse and Company's discretion to
immediately sit down and conclude what may be needed by this
Commission. If there are any questions, I'll be happy to
answer them through the Mayor.
Mayor Ferre: Are there any questions or comments at this
time?
Mr. Dawkins: On what? I was out of the room.
Mayor Ferre: On AFL-CIO.
Mr. Dawkins: What about AFL-CIO Labor?
Mr. Horton: I'm sorry, Commissioner Dawkins, the Mayor
asked the question of what status we were at with the
project agreement upon the Bayside project. What I
explained to the Mayor and the Commissioners was that all of
our international unions, to my knowledge are signatory
al 31 December 31 1904
M
y
already with Rouse and Company on national building trade
agreements and that the local unions in this area stand
ready at this Commission's pleasure or Rouse and Company's
='
pleasure to sit down and execute that project agreement.
'-
They have simply been at a loss as to the cart and a horse
as to which should come first as to where we do this, but
they are ready at any time to sit down and conclude that
F"
part of the package.
Mr. Dawkins: Then what I hear you saying is that the local
AFL-CIO stands ready to sit down with the Rouse Company to
insure that all the trade unionists that are needed and that
are in this area will be used and none will be transported,
unless the local trade unionists say that we don't have it.
Is that what I hear you saying?
Mr. Horton: Number one, it's the local building trade
counsel, the AFL-CIO and basically the gist of what you said
is correct. That was an agreement, if you will recall, the
last Commission meeting where all the building trades were
representatives were here and they all agreed to the entire
concept of what the Commission has gone further into today
and in more detail, yes, sir. That is correct.
Mr. Dawkins: So in the event that there is no steel erector
locally, I mean minority, and if a White steel erector is in
the local AFL-CIO, then the local AFL-CIO will make every
effort that it can to joint venture with a minority firm
here before it would permit an outside one to joint venture.
Mr. Horton: That is necessary to comply with the
E. r:
Commission's will as to minority contract, that is in fact
correct.
;`-
Mr. Dawkins: You see, my only problem is -see, we've been
Y?
through this, you are familiar. An outside firm comes in
and joint ventures with a minority. He automatically meets
his minority quota. So he's satisfied. But then he
`
subcontracts with a local contractor who has to come up with
another minority quota, and he gets locked out of the big
Y
dollars because he's down here fighting about the minority
participation. But if we were to joint venture with a
minority and still end up with a minority participation down
here, then the money still remains within Dade County.
Mr. Horton: We share your concern, Commissioner. I think
r
that was reflected by the business managers at the last
meeting, that we would much prefer the dollars generated
within this community to remain within this community at all
levels of participation, because that best shows the
interest of the project designed to help the community we
<
all live in collectively. I'm sure those could be
negotiated very properly when the time is right to satisfy
u�
every concern of the Commission.
Mr, Dawkins: Thank you.
Mr. Plummer: I have one other request, Mr. Mayor.
Mayor Ferre: Anything else dealing with labor and this
issue? Does it deal with labor?
a'
Mr. Plummer: No.
<"
Mayor Ferre: Thank you very much.
Mr. Horton: Excuse me, before you continue, Commissioner
Plummer I would like to � � put on the record that the Rouse
Company has indicated to me its willingness to sit down at
appropriate time with the AFL-CIO and enter into good faith.
negotiations.
51 32 December 3, 1984
Mayor Ferre: That's welcome and good news. I want to say
X;
that it's a two way street, because the unions would have to
also guarantee that there will be no wildcat strikes, no
walk-outs and no picketing of any kind no matter what
happens with any other contracts.
Mr. Horton: It's my understanding that was one of the quit
�x
pro quos that was included in the other contracts.
s„
Mayor Ferre: All right, Commissioner Plummer.
Mr. Plummer: Mr. Weaver, through you to Mr. Dausch. Mr.
Weaver, I would like a copy before this matter is brought up
again as to all of the projects that Rouse is presently
involved in, presently negotiating and if possible, even
areas that they are discussing. I know for a fact that they
are involved in of course Boston, New York, Baltimore.
Those are the three that are already operating. They also,
I know, because I just recently came from Denver, they have
a
a large project going there. I don't know what is present,
but I understand that Rouse is talking to the people about
3
redoing and operating underground Atlanta. There are some
other projects on the board, and I would like to see a copy
of all of the projects they presently have in operation that
they are negotiating to operate so if you would get that for
me before the next meeting, please.
Mayor Ferre: Just for the record, J.L., we do have a copy
fk
of all the major Rouse contracts and they have thoroughly
read and investigated by the administration and this
negotiating team and our Law Department. I think what
?a
you're talking about in the case of San Francisco and Denver
and whatever, I don't know whether those contracts have
been concluded or not, and I'm sure Rouse is negotiating 20
contracts right now, but the question is, and I think if we
How far do want to into
get into all the big ones... you go
this?
Mr. Plummer: No, I just like to know what they have
F"
presently in the drawing boards. Let me ask one other thing
1:
that I didn't find there, Dave. We spoke about a non-
._
avnl 11Q1 VP_ TC that still in there. the mileage?
Mr. Weaver: No, that was eliminated, sir, at the request of
;6 the Mayor the last meeting.
Mr. Plummer: So in other words, another project could go on
in Watson Island or could go on the Seaport.
f,Mayor Ferre: And they could go on in Ft. Lauderdale.
Mr. Plummer: It could go next door.
wt Mr. Weaver: Right.
Mayor Ferre: Any other questions now from the members of
the Commission at this time?
Mr. Plummer: When do you expect to bring this matter back
up?
Mayor Ferre: Mr. Weaver, Ill leave that up to you. We're
available to meet anytime. I'm available to you anytime,
every day from now until the end of the year. But we do
have some meetings, the 12th, the 13th, and the 14th, which
would give you a week.
Mr. Weaver:
period of
documents?
Perhaps if you could give me an idea of what
time would be adequate for reading these
sl 33 December 3, 1984
Mayor Ferre: Manny do you have the list of the days that
we're meeting and the times? Do you keep a copy of that or
does the Clerk do that?
Mr. Weaver: I can indicate that I will not be available
after the 17th of December.
Mayor Ferre: Does the Clerk have...?
Mr. Ralph Ongie: We're meeting on the 12th beginning at
12:00 o'clock and we have a public hearing that night on
Commodore Bay at 6:00 o'clock.
Mayor Ferre: What is the meeting on the 12th on?
Mr. Ongie: That is a special investigative session of the
Police Department. Commodore Bay is in the evening after
6:00,
Mr. Carollo: That's when Chief Harms will be coming back.
Mr. Ongie:
The 13th is a regular meeting. We do not have
anything scheduled for the
14th and there is a regular
meeting on the 20th.
Mayor Ferre:
The 13th there
is a regular meeting?
Mr. Ongie:
Yes.
Mayor Ferre:
How come that's
not indicated up there?
Mr. Plummer:
It- is.
Fi
Mr. Ongie:
It is, the middle
section.
Mr. Plummer: It's in red.
Mayor Ferre: Oh, I see, 12th, 13th, and 20th, those are
the dates that we're planning to meet.
Mr. Perez: I read an ad in the media that the 13th meeting
will be at Miami Dade Community College? I think that we
approved a motion at the last Commission meeting to have
here in City Hall.
Mayor Ferre: The problem is we had already advertised it;
legally we have to have it there. Mr. Weaver.
Mr. Weaver: Mayor, my preference would do it as quickly as
possible. We are ready to go. We have documents now which
are completed documents.
Mayor Ferre: Well, they're not totally completed documents.
Mr. Weaver: These documents are completed documents.
Mayor Ferre: After you heard these last two hours of
discussion, you say that they're completed documents?
Mr. Weaver: Obviously, there are some modifications that we
can make tonight.
Mayor Ferre: Well, I'm willing to meet tomorrow. If you
say you can do this tonight and you're ready for tomorrow,
I'm ready tomorrow.
Mr. Weaver: We're certainly prepared to meet tomorrow. I
don't know whether Commissioner Carollo will have had time
to read the documents by then.
al 34 December 3, 1984
Mr. Carollo: I doubt it very much, Mr. Weaver,
Mayor Ferre: I think you need to conclude and whenever you
conclude I will call the Commission and poll it and we'll
ti}�3
call a Commission meeting anytime in this week or Monday or
r
Tuesday of next week, if necessary, to finalize this. We
certainly don't want to hold it up.
Mr. Weaver: I would like to draw to your attention that the
}
president and the executive vice president and most of the
senior staff of the Rouse Company is planning to be here on
Wednesday for a session at the Greater Miami Chamber of
f.
Commerce at the Trustee's meeting. If there were any way to
have read these documents and made the modifications
requested between now and then, it would clearly be
beneficial. However, we clearly have to deal with the
pleasure of the Commission.
Mr. Carollo: That's correct, Mr. Weaver.
Mayor Ferre: The Commission does have not only the moral
r;
responsibility, but the legal responsibility for these
_
documents. That's not in any way not to recognize the
wonderful work that you and the committee have done, Mr.
Weaver, but it does fall upon this Commission to have the
final vote on it. I think we have some important things
that have been added. As soon as you have concluded, I
commit to you now I will call a Commission meeting within a
day or two after that. If you can conclude them tomorrow,
I'll be happy to call a Commission meeting on Wednesday.
Mr. Weaver: I see no reason whatsoever why the
modifications that you have requested could not be completed
in the next 24 hours.
Mayor Ferre: It's a question then, since we have had the
main document for one week, although there are some
substantial changes, I think that Commissioner Carollo does
and I completely agree with his premise that we all need to
go over this, Plummer's question needs to be answered. I
don't think it's probable that we will finish it by
Wednesday. I'm sure all of us will try to accommodate you
as best we can.
Mr. Carollo: Mr. Mayor, I'll certainly try to read through
this and have as many of my questions answered as I possibly
can as quickly as possible. But I am not going to rush and
rubber stamp anything for Mr. Weaver or anybody else. I
have a responsibility to the people of Miami and I want to
make sure that I understand what is before us. I am not
going to blindly vote for something because Mr. Weaver or
kjy n.; anybody else is telling me vote for it.
hryg4�k+' Mayor Ferre: That's fine. The question, then is you let me
know and when you are concluded and Mr. Carollo, you let me
know when you are ready to vote on this. Hopefully it will
be before the 12th.
Mr. Weaver: Would it be possible, Mr. Mayor, to agree right
w now how long it's going to take Mr. Carollo to read the
documents?
Mayor Ferre: You'll have to ask him.
Mr. Carollo: Mr. Weaver, when I'm finished, I will let you
know, sir. I'm sorry that you might have a big party all
for yourself on Wednesday and things don't work out like you
want them to. My concern is that in the long run, things
work out how the people of Miami would like for them to work
out and in the best way for the people of Miami.
sl 35 December 3, 1984
s Mr. Weaver: I certainly understand that, sir. I appreciate
4 your position. We are going to be arriving at the holiday
season and I'm sure that the people from the Rouse Company
y1ptre and from the negotiating committee would like to have some
• idea how long you anticipate prior to being able to have
w} this meeting.
Mr. Carollo: Well, I think that's fine, Mr. Weaver.
L, Mayor Ferre: I think that's been answered and we're ready
to move along now. Is there anything else on this?
Mr. Dan Kipnis: Mr. Mayor.
° Mayor Ferre: Yes, sir, Captain Kipnis, are you dealing on
the Rouse? Go ahead.
Mr. Kipnis: Thank you, I'd like this opportunity to say
something for the public record. Again, my name is Captain
Dan Kipnis, 1600 Tigertail Avenue. I represent the Pier 5
Boatmen Association. Needless to say we are very concerned
about the project. We like the idea of the project. I
represent 37 charter boats, sight-seeing boats. I've tried
to be in contact with Rouse as much as possible. I've been
to all the meetings before this started, have spoken at a
few, and my captains at the dock share some fear that they
are going to be out out of a place that has traditionally
been a place for charter boats for the City of Miami since
1924 with pier 5. I've been unable, and I see now why I've
not been able to get any commitment from the Rouse
Corporation as to what is going on, because I noticed from
today's proceedings that it's really not been finalized yet.
But I would like this opportunity very quickly to put a few
things in the public record and maybe to bring something for
the Rouse executives that are here, so that they might keep
this in mind when they do start actually in putting the
together. We feel that drift boats project g , party boats,
sight-seeing boats, etc., etc. fit right in for the project,
Rr Y
as it has in the other projects in Baltimore, Boston, places
like that. We'd like very much to have the input as the
how, where, and why they're going to be there. We also feel
that a little bit of the history of Miami could be repeated
'a
again, possibly by constructing a new pier 5 and calling it
pier 5 again, as it existed since 1924; but we also feel
YuR
that without input from the people that have to use the
facilities there, that the same mistakes that were made at
Miami Marina will be made over again, and that would be a
great loss, project of this size.
Mayor Ferre: Captain Kipnis, let me say that my personal
observation of the Rouse Company is that they don't miss too
many good opportunities. I think that having fishing boats
and having the action of boats coming in and out is a major
asset, not only to Miami, but to this project. I think that
they would want to keep boats and charter boats and
obviously the worst kind of boating facilities are keeping
boats for northerners who never use the boats and just stay
there in port. The best use for boats are I'm sure for
Rouse and for the project is the maximum usage of those
boats slips, and that of course means charters.
Mr. Kipnis: I just wanted to make sure that I said this in
front of them at this time and only one other thing. When
we were moved to the building at pier 5, we went to Watson
Island and it was the extreme hardship when the boats there
for a number of reasons. The facilities are not adequate,
this is tremendous surge etc., etc. Before anything is done
and with enough time for us to prepare; I'm talking about 37
boats. We really need to get together with them. Now I
sl 36 December 3, 1984
realize that this contract is more pressing than our
problems at the moment, but as soon as you've concluded
this, I would appreciate it if Rouse could get together with
45 =
us so we could avoid some of the problems that we've had in
the past. I thank you for your time.
Mayor Ferre: We understand, thank you. Mr. Paul, how long
is it going to take your committee to deal with this.
r'
You're the one person who hasn't....
Mr. Paul: Well, Mr. Mayor, as soon as we get the contract,
we'll read it immediately,
Mayor Ferre: Mr. Weaver, when can we have a copy of the
contract for Mr. Paul, for the committee?
Mr. Paul: I'm referring to the Sanchez contract, not the
Rouse.
Mayor Ferre: That's what I'm referring to also. This
.1.,..'
afternoon? Is there anything else to be said on this issue
right now? If not, we will now take a five minute break
while those of you who are here on the Rouse matter can
leave and then take up the other subject that is before us.
WHEREUPON, THE CITY COMMISSION WENT INTO
A RECESS AT 2:25 P.M., RECONVENING AT
2:38 P.M., WITH ALL MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT
---------------- --------------------------------------------
7. PROPOSED GUIDELINES AND RULES OF PROCEDURE TO BE USED
IN CONNECTION WITH REMOVAL OF THE CITY !TANAGER.
-"
------------------------------------------------------------
Mayor Ferre: Now is the discussion regarding the City
Manager's public hearing guidelines and the adoption or the
non -adoption or modifications of Resolution 84-748, which
was... I'm sorry, I got the wrong one. It's an unnumbered
resolution but it says u at the to J-84-1126 a
Y P p ,
resolution establishing procedures in connection for removal
of Howard Ve Gary, the City Manager of the City of Miami,
Florida. This resolution was recommended and modified by
�h
our City Attorney, Lucia Dougherty at a previous Commission
meeting I announced that I would, that this was the
resolution that would establish this procedure and that I
would bring it up for discussion if there were any
modifications that any member of the Commission wished to
ts`
make. Therefore, it is before us at this time.
Mr. Plummer: Mr. Mayor, I would assume that this matter was
brought up before, that we should have a full Commission on
this.
Mayor Ferre: Oh, yes, I agree with that. Can we get
Commissioner Perez in here? Tell Commissioner Perez that
we're all waiting for him now. We are back and now in
session. We have before us a resolution establishing
procedures as previously... Are there any amendments for
this before we adopt this resolution?
Mr. Carollo: Mr. Mayor, I'd like to make an amendment, if I
may. On page number 3, paragraph D, whereas it states "the
speaker should be limited to three minutes each, unless a
greater amount of time is requested, but in no case should
any member of the public be allowed to speak more than ten
minutes."
sl 37 December 39 1984
Mayor Ferre: The reason why ten minutes was... is that's
the Charter. By Charter rights, somebody could ask for ten
minutes and we technically we could not deny it.
Mr. Carollo: If we are limited by the Charter, we have no
choice.
Mayor Ferre: That's right.
Mr. Carollo: The only additional request that I would like
to see how we could go about it is set a limit into how many
people will speak for or against.
a Mayor Ferre: Can't do that either.
Mr. Carollo: Maybe we should set a limit on time, Mr.
Mayor, because we could be actually, we could have several
hundred people that might want to speak for and against.
This could be dragged down to four days.
Mayor Ferre: Ms. Dougherty.
Mrs. Dougherty: Mr. Commissioner, Mr. Mayor, the Charter
provides that there be a public hearing. Under the Dade
County Charter, a public hearing is defined as anybody so
wishing to speak on any matter can do so. So it is
°. inpermissable for you to limit the amount of speakers or
even the time. What you'd have to do is continue your
_ meeting until another time, until o:veryone has had....
Mr. Carollo: That's exactly what I'm trying to avoid. I
don't want to be faced with the situation that we're going
to drag down a public hearing for days and days.
Mrs. Dougherty: I understand your concern, but I don't
know....
Mr. Carollo: It's not hard at all for anyone to go out and
bus people in so they could take up three to ten minutes of
our time for or against.
Mayor Ferre: Commissioner, unfortunately, because of the
history of this Charter provision, which by the way, is
unique to Miami, it does not exist in any other city in the
State of Florida, and probably doesn't exist anywhere else
in the United States that we could find out, in the peculiar
and particular way that the City Charter of the City of
Miami exists. I think it is best if we leave it and we try
to follow the guidelines as fair and as openly as we
possibly can. I understand your concern. I think they're
proper. There is no legal remedy for it. I think,
therefore, I think it is best to leave it as open so that
everyone will have the opportunity to speak. Are there any
other suggestions for changes? Jessie I'll get to you in a
moment, if I can, sir. Let me see if there's any members of
the Commission that wish to change anything, and then we'll
get to Mr. Gary's attorney. I might point out that this is
not a public hearing, as such. This is just the
formalization of a proceedings. Hearing none, then, Mr.
McCrary, the Chair recognizes you, sir.
Mr. Jessie McCrary: Members of the Commission, my name is
Jessy McCrary, attorney for Howard Gary, City Manager of the
City of Miami. As you know, Mr. Mayor, these rules are a
result of my inquiry to the City Attorney and to the City
Commission because this matter is unprecedented in the
history of Miami. One, there are now rules in existence
Al 38 December 3, 1984
7
now. Two, the Commission has failed to address what I
consider to be something very significant in the rules.
rt,=
There has been no mention of what rules of evidence will
apply in this proceeding. Additionally, there has been no
indication that the Commission has addressed provisions for
pre -hearing discovery. I believe that without trying to
give you a legal opinion, that no hearing could go forward
'r
unless there was some clearly defined method by which we
_Inns
were going to determine what evidence could or will be
accepted and whether or not Mr. Gary, if he chooses to have
this public hearing, has a right to some pre-trial
discovery.
{
Mayor Ferre: Pre-trial, did you say?
Mr. McCrary: Pre -hearing, pre -appeal, pre-trial.
�
Mayor Ferre: I think it is very important there is a
distinction.
p
Mr. McCrary: Mr. Mayor, interestingly, the City Attorney
told you that there is no definition of public hearing in
the City of Miami. Metro Dade County has a provision, but
that provision does not govern the City of Miami. By some
other legal definitions, you can take this hearing to be
adversarial if you choose or you may not, but there is no
u? -
definition that has been defined by this City and you are
not bound by what Metropolitan Dade County defines as a
' public hearing appeal or trial.
-•3
' Mayor Ferre: I understand. This is a legal matter, so I'll
refer it to the City of Miami Attorney and then open it u
P P
..yJ
for comments from members of the Commission.
Mrs. Dougherty: Mr. Mayor, first of all this should not and
is not characterized as a trial. It is a public hearing,
x
nor should it solicit public response to some action that
>j
you've taken. As to what rules of evidence would apply,
that will be up to the seat or the Chair in this instance,
the Mayor, and it seems to me that whatever evidence the
Manager chooses to submit, would probably be appropriate. I
`
don't know of any limitation on any evidence that he may
want to present. With respect to pre-trial, or excuse me,
pre -public hearing discovery, this.., he has available to
him absolutely within three days, absolutely every bit of
evidence that you are going to be presenting in favor of
your action, so I don't know of any reason why any further
ry
evidence is necessary prior to the public hearing.
Mayor Ferre: Is it your recommendation, therefore, that the
resolution that is before us that you gave us more than a
F
week ago, be voted upon and adopted as the procedures to be
.-
used during this hearing?
ar
Mrs. Dougherty: I would recommend the adoption of those
procedures, Yes.
Mayor Ferre: All right, counselor, is there anything else
you wish to add to this?
p.` Mr. McCrary: I do, Mr. Mayor. It's fundamentally unfair in
a denial of due process for you to now tell me that you're
going to make some rule about what evidence is going to be
admitted. Obviously, Mr. Gary is not the only one who's
going to submit evidence in this cause. I want to know
y' whether or not we're going to allow hearsay evidence;
whether or not I've got the right to depose you, Mr. Mayor,
prior to this hearing, because obviously two days or three
days from now, you're going to present a bill of
particulars. I have a right to ask you about those and a
}` right to ask any Commissioner here.
s1 39 December 3, 1984
Mayor Ferre: Mr. McCrary, my answer to is you have that
right before a court of laws This is not a court of law.
This is a City of Miami Commission, duly elected by the
people of Miami to run this City and set policy. One of the
policy matters that this Commission sets is the hiring and
firing of the City Manager. In most cities around America
the Manager serves at the will of the Commission. You
yourself were a member of the cabinet at one time. Now
there are many people who work for the cabinet. You had to
deal with the case of Harmon Shields, not I might remind
you, that in the case of Harmon Shields, there was no rule
of evidence; there was no pre -hearing discovery. You and
your other members of the cabinet decided that Mr. Harmon
Shields decided was not properly representing the best
interest of the State as you as a member of the cabinet. So
then you therefore voted to fire him. You or the cabinet,
as I don't know whether were sitting as sitting member of
the cabinet at that time, but these things occur. There
have been others. There was recently a firing by the
cabinet of the director of the Highway Patrol. The cabinet
has a right to hire and fire. The City Commission has a
right to hire and fire. In the case of Merritt Stierheim or
Porter Holmer or anybody in Metro, they have a right to hire
and fire. That is the system. This is not a parliamentary
system. The administrator is not a member of parliament.
He is not elected by a constituency. I think,
unfortunately, part of the whole problem is that there is a
propensity to think of it in those terms. This is an
American system where an elected body, in this case of five,
have a right to hire somebody; they have the right to fire
somebody. The Charter specifically states that it grants a
specific right to a City Manager, in this case it's Mr.
Gary, that if he, is fired he has a right to request a public
hearing. He will have that right, if he so requests. Now,
all we're doing today is not having that public hearing, but
setting the procedures. Now, I'm not a lawyer, you are.
You represent your client, Mr. Gary. My lawyer is the City
Attorney. She represents this City of Miami. We have
turned to the City Attorney and we have asked of her to give
to us guidelines that are appropriate for such a hearing.
She has done that and we are now discussing them. We will
either adopt them or not adopt them or change them, as the
City Commission wishes.
Mr. McCrary: Mr. Mayor, may I just respond, so that the
record is very clear, I was not a member of the cabinet in
the Mr. Shields was fired, but I'm familiar with it. I
believe that eventually this Commission is going to come to
grips with what was a previous Commission's error. Yes, no
one questions the right of this Commission to hire and to
fire, but the Charter goes a little further than that, Mr.
Mayor. The Charter allows Mr. Gary to have a public
hearing, not something he requested, but if the Charter had
said we've got the right to hire and fire and on the day we
fire you, that's it, and you have no recourse, you'd be
talking something different. That's the situation with Mr.
Shields. Mr. Shields had no recourse. The Florida Cabinet
has the absolute right to fire instantly, no recourse.
Mayor Ferre: Recourse of the courts.
Mr. McCrary: He has no recourse, none at all; but in this
situation, the City Charter goes a little further than
firing. It goes through a process that allows the City
Manager to say to you, "I want to have a public hearing."
If you have not defined public hearing, my definition of
public hearing is as good as your City Attorneys.
Mayor Ferre: But you're not our City Attorney, Mr. McCrary.
sl 40 December 3, 1984
Mr. McCrary: Mr. Mayor, I'm just as good.., in terms of the
5-
law, I'm just as good as your City Attorney.
Mayor Ferre: I have no
Y questions about that, but you don't
a a
represent us. You represent your client. Mrs. Dougherty
=;
represents the City.
r
y Y
Mr. McCrary: Mr. Mayor, whether you're represented by Ms.
Dougherty or Melvin Beli, the law is the law; and in this
t*i
situation, the City of Miami has no definition of public
hearing. You have not adopted one by resolution or any
other thing.
rg
Mayor Ferre: We're about to do that.
Mr. McCrary: I think that your City Attorney would tell you
that we can both find ten different cases that define what a
public hearing is. She mistakenly said a few minutes ago,
trial. So, Mr. Mayor, don't tell me it's not adversarial.
All I'm simply trying to do is put it in some posture so
that it's fair and impartial to the Commission, the same as
it should be fair and impartial to Mr. Gary.
x
Mayor Ferre: Mr. McCrary, I'm not saying one way or
another, because that is not within my purviews It is
within the purview of a member of the Florida Bar, and in
this particular case, the City Attorney, who is the chief
legal officer of this City. The chief legal officer has
recommended a procedure to us. This legislative body must
}
either accept or reject that proposal. She has to deal,
because she has to defend it in court, as I'm sure she will,
but as long as 'she tells me that she is recommending that
M'
this is proper and follows due process and meets with the
-`
requirements of the charter and the law, then I think this
44
Commission is entitled to proceed. Because otherwise, Mr.
McCrary, y, the question arises, who does Mr. Gary respond to?
g
And who does select and fire? Who does have the ultimate
F
say? If we can go through a process where the majority of
an elected body does not have the final say as to whom is
�F
hired and fired, then praytell then, who noes? Is it God
r
given?
Mr. McCrary: Mr. Mayor, I'm sure it's not God given, like
Y
your office is either.
Mayor Ferre: But I get elected. I go to bat every two
years and it takes a long, hard, arduous process.
Mr. McCrary: Mr. Mayor, let me try just to bring this to a
closes It's obvious that you are not going to change your
mind about this procedure. I'll abide by whatever this
Commission does.
Mayor Ferre: I'm open for anybody else's suggestions or
modifications. If not there is a resolution before us. Is
there a motion?
Mr. Carollo: Mr. Mayor, I move the resolution that is
before us.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: A resolution establishing the procedures in
connection with the removal of Howard V. Gary as City
Manager of the City of Miami, Florida. I think there is a
tangental matter which unfortunately must be addressed.
Before coming to a vote, I need to discuss it.
sl 41 December 3, 1984
n
rrrrrrrrrrrrrrrrrrr-r-irrrr�i.r.�rrrrr�.�.rrr.rrrrrrrrrrrrrrrrr rr�...
8 STATEMENT BY CITY MANAGER H.V. GARY NOT TO APPEAL
DISMISSAL
rrrrrrrrrrrrrrrrr rrrrrrrrr rrr..rrrrrrrrrrrrrrrrrrrrrrrrr.rrrrr
Mr. Howard Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: Under discussion.
Mayor Ferre: Yes, sir.
Mr. Gary: Point of privilege.
Mayor Ferre: Yes, sir, go right ahead.
Mr. Gary: I would like to have the indulgence of the Mayor
and the Commission. I have a statement I would like to
make.
Mayor Ferre: Go right ahead, sir.
Mr. Gary: Mr. Mayor and members of the Commission, nowhere
but in America could a person born in the poorest of
circumstances rise to become the Chief Executive Officer of
one of the most renown cities in the world. Educated in
public, state sanctioned, segregated schools, oft times
deprived of equal access to opportunities, over the caring,
concerned, devoted, and determined mother and family, I
withstood the slings and arrows of outraged fortune. There
'
are so few of us who are natives of Miami that we
collectively are a mosaic pattern of the world, by language,
a
color, creed, religion, and ethnic origin. We are the
gateway to South America. We are new vibrant financial
center of our hemisphere. We are the citadel of freedom for
those who let us embrace them. We are Miami. Miami has
been, and as many people, and other things - it is Julia
Tuttle, it is Theodore Gibson, it is the Orange Bowl, it is
the old Mary Elizabeth Hotel. It is Henry Flagler. It is
4_
HenryGarth Reeves, founder of the Miami Times. It is a host
of fearless soldiers, people who felt that the struggle was
not for themselves, but for generations yet unborn. So
those of us, today who live, drive, bask and work in the
glory of the of their struggle, only need to give back to
=Y
Miami something in order to fill their dreams and hopes for
us and children yet to come. I love Miami and that love
transcends the division that divides us. The hope of this
City lies not in who is at the helm, but whether the person
r'
at the helm, actual, or titular is committed toward steady
=r-
growth, equal access to opportunity, planned health care,
parks, clean air and water and protection of life and
property. The leadership must also be committed to the
eradication of the common enemies of all mankind, ignorance,
poverty and disease. I believe that in the last past three
and one-half years, we have seen Miami grown from sun and
sand to finance and finesse. The credit for this growth is
due to a loyal and devoted staff of professionals who put
Miami's progress above petty whims and above their personal
gains. To them, I am eternally grateful. Their commitment
'r
has not been in vain. Their work and achievements of this
Administration are depicted in a number of areas. The City
ix'
of Miami is in better fiscal health. In a time when cities
across the country and even here locally, such as South
Miami are having fiscal fights, I am proud to say that in my
sl 42 December 3, 1984
Administration the City of Miami is in the strongest fiscal
health it has ever seen. This strength will have impact on
generations to come. When I became City Manager on April
169 1981, the City of Miami's low bond rate, which had been
reduced in 1977, caused a loss of Miami's recognition in the
financial community as a fiscally creditable city. I am
Na
happy to say today that we have restored the City's high
bond ratingand its fiscal credibilit as demonstrated b
Y� Y
the return of the City's M.F.O.A. certificate for first time
in twenty-five years. The taxpayers can rest easy that
their tax bills will be less as a result of this
Administration. The taxpayers have also benefited from the
good management of their tax dollars. During my tenure of
City Manager, our management has resulted in savings to the
taxpayers of $167,000,000. For the four years before I
became City Manager, the City had surpluses totally
$39000,000; however, during the three and one-half years of
my Administration, we had generated surplus totally
$30,000,000, or nine times more than the surplus generated
by my predecessor and I am proud to say that I am leaving
3
the City with the biggest surplus in the history of the
City. The taxpayers have gotten a better deal for their tax
dollars. Major private development on public owned property
should proffer a return to the City and thus to the
r".
taxpayers. Several outstanding examples failed to do this
in the past. For instance, the Convention Center, a pre -
Gary Administration deal - this development is costing you,
the taxpayers, $5,000,000 per year, or $150,000,000 over the
life of the agreement more than it should. By contrast, I
have delivered to your community chest a cable contract,
which not only has been heralded as the best cable T.V.
license in the country, but will return a $45,000,000 share
`
of its profits• back to the citizens of Miami. This
Administration's' negotiations with the Rouse Company brings
a $93,000 000 private investment with a return of over
e
3�
$600,000,000 to the City and the taxpayers. Perhaps as
important as the dollar return is the creation of 1,000 new
jobs, a guaranteed share of retail activity by Blacks and
Latins, including ownership, construction, employment and
operation and a minimal annual fusion of $200,000,000 to the
local community. Further protection of your tax dollars has
been secured by my decision to evict the Dinner Key
management firm and directly control that operation. Rather
than a loss of revenue, we now have the enjoyment of
$700,000 annual earning. An additional $40,000,000 of tax
dollars has been saved through successful resolution of a
long standing lawsuit filed against the City by current and
retired employees. The bottom line is that you, the
taxpayers have assurance of not only saving, but actual
earnings of your tax dollars as a result of my team's
successful negotiation on your behalf. The City is a safer
place to live. The Police Department has been increased by
56%, the largest amount in the history of the City of Miami.
�.'
This increase in manpower, coupled with bold steps, and I
Yx
mean bold steps of professionalization and training has
resulted in Miami being a safer place to live. As an
example, crime in Miami dropped by 12$, the highest
reduction in recent history, My Administration has been
`
successful in stopping one riot with no loss of life and
minimal property damage, preventing a second riot, and
development of a riot contingency plan that has been
heralded as a model for the country. This accomplishment is
.:
very significant when compared to the McDuffy riot of 1980,
,
which resulted in the loss of 18 lives and $31,0009000 in
property damage within the City of Miami alone. All these
accomplishments have been achieved by a Police Department
a
that has for the first time - first time in the history of
Miami, been representative of the tri-ethnic community in
which we live. For the first time in the history of the
City of Miami, the Police Department has tri-ethnic
sl 43 December 3, 1984
4 `
111
a
representation at the highest levels of command and the
�x
entire Police Department is truly representative of our tri-
s
ethnic community. Minority promotions have been 53% of all
recent advancements and 80$ of all new hires have been
minorities. These accomplishments have been achieved
without negative impact on the white majority representation
on the Force. While recognizing that this community is now
M`~
safer and that the protective forces are representative of
the tri-ethnic community, we have also addressed another
major problem of the City - the use of deadly force by a
u`
Police Officer. The Police Department has been civilianized
which requires that experienced officers be placed on the
streets to supervise our very young Police Officers so they
can properly handle deadly force. Police Officers can no
longer have accidental shootings due to their guns being
°=
placed in a cocked position. Implementation of the
synthesized media environment system will enable Police
Officers to properly handle deadly force. Additionally, to
prevent the improper use of deadly force, some of which can
be traced to improper attitudes of Police Officers,
psychological screening of new officers has been instituted,
'
as well as psychological counseling for officers. But more
importantly, the drastically improved tri-ethnic
representation at all levels of the Police Department has
insured a greater sensitivity and resulted in less deadly
force by Police Officers. An example of this can be seen in
the last civil disturbance where Blacks were placed in
command roles which result in no deaths or serious injuries.
Closer relationships between the police and the community
have been established by walking beats, mini -stations and
more active community relations functions. Our Fire
Department is ranked as first class and Number one in the
V.
country. It has been strengthened by the completion of the
c;
Y
best Fire Academy in the country and the passage of a
$21,000,000 bond issue developed by this Administration for
the purchase of the most sophisticated equipment to save
lives in times of fire and other emergencies. One of the
ma or benefits to the citizens of Miami was the
j
consolidation of the Building Department into the Fire
Department, which has saved taxpayer's dollars, but more
importantly, has resulted in safer buildings, cleaner and
secure neighborhoods, and more construction and cheaper
costs to builders and homeowners. This new approach to
management of these activities have been acclaimed
throughout the country and has been adopted by the cities
across the nation. We have also been able to assure
minorities to have an equal chance in participating in City
business. When I became City Manager, I sensed one of the
major problems confronting this community was the perception
on the part of minorities that they were not enjoying the
{ economic well being of this community, and I promised to do
something about that. For the first time in the history of
the City of Miami, a set aside program was established that
guaranteed minorities a share of the City's multi-million
dollar business. This program was augmented with three
other history making programs. One was a set aside program
which guaranteed minorities 50% of City business that is
z done in conjunction with private developers. As a result,
Black and Latins have earned millions of dollars. An
4
# example of this program is the $93,000,000 Rouse-Bayside
s Specialty Center, in which Blacks and Latins will benefit
.
l financially in the ownership, construction and operation of
this retail center. The second program was the elimination
w.
of barriers that have prevented minorities from competing
for City business, such as the requirement for performance
bonds. The third program was the sole source program which
3
requires businesses that do business with the City to hire
and employ residents first. Doing this administration, we
have made significant advancements in employing minorities
:>
and women in the City's work force. These achievements were
al 44 December 3, 1984
` C
jif
r
not just made in low level positions, but were made in high
'
level positions throughout the City work force. Minorities
i.,
and woman make up 26% of the top level administrative
positions and 51x of the positions. Some of
p professional
the significant accomplishments are as follows: We have
three minorities as Assistant City Managers, first time in
the history of Miami. First time in the history, the City
�L.
has a Black and a Latin as Assistant Chief of Police. First
time in the history of Miami the City has a Black Assistant
Fire Chief. First time in history the City has a Latin
Director of Planning. First time in history the City has a
Latin Director of Community Development. A woman now holds
the rank of Major, the highest rank held by a woman in the
w
history of the Police Department. Blacks and Latins, and
not just one, have equal representation in the rank of
Deputy Chief, Colonel and Major in the Police Department.
87% of all new hires have been minorities and woman and the
percentage of minorities and woman hired equal their
representation in the work force. Blacks have more jobs in
the City than the represent in the work force. Hispanics
represent the largest percentage of all new hires. From
1981 to 1984, Blacks employees have increased in number by
16%. In the Police Department, Latin employees have
increased in number by 15%. Latin employees have increased
by 35%. Black employees have increased in the Fire
`.
Department. Of particular note is the fact that in the Fire
-`
Department, female employees have increased in number by
133$. The number of Black employees that salary ranges
$259000 to $349999 has increased by 519$. Hispanic
employees that salaries ranges $25,000 to $34,999 has
increased by 690%. Females that salary ranges $25,000 to
$34,999 has increased by 678%, Above $35,000, Blacks have
increased by 662%, Hispanics by 658% and females by 1000%.
This Administration has recognized the totality of our
community has to to survive, and not just downtown if we are
to be a truly great City. Some of the accomplishments of
bra:
�;.
this Administration to address the needs of the entire
community are as follows: Completion of the Pantry Pride
Shopping Center in Liberty City; completion of the Overtown
Shopping Center; Federal UDAG funding for a major office
complex in Little Havana; passage of a $20,000,000 storm
°`.
sewer bond issue, primarily for Flagami and Little Havana;
completion of Jose Marti Park, a first class park in Little
Havana, at a cost of in excess of $8, 000, 000; completion of
Hadley and Moore Park at a cost in excess of $2,000,000;
-i
providing $14,000,000 to Black and Latin neighborhoods for
r
a
home improvements; began preparation plans for the
}
a
construction of the facility to feed the elderly in Little
j
Havana; increased street paving in minority communities;
increased trash collection in all neighborhoods;
successfully assisted in the assimilation of Mariel and
Haitian refugees; developed a plan to redevelop Edison
Business District; implemented a comprehensive code
enforcement plan to maintain beautiful and safe
i
neighborhoods. All these, and more have been accomplished,
but not without opposition and sometimes planned
r
obstructions directed the task masters. If Miami is to
progress in the next decade, we must have better leadership.
f_
intensify Government must continue to
y the partnership with
the private sector that this Administration has fostered.
We must clearly define the roles and responsibilities of
government officials. We must have fair and full
representation from every segment of the community. We must
work closely with our Sister City in areas of common
,
concern. Some men see things as they are and ask why. Some
see things that never were and ask why not. We have
followed the latter course in order to create, foster and
implement job opportunities and prosperity. All that has
y�
kF�f
just started will not be finished in a
j year or a decade, and
<
maybe for a lifetime, but the journey of a thousand miles
sl 45 December 3, 1984
; o
begins with a single committed step. We have made that step
and leave for other devoted people the charge to carry this
forward to its destination. Many who have supported me
during my years, three of which as City Manager, have
expressed disenchantment, outrage, anger, and disgust with
the events of the past few months. I ask you to take heart
in the fact that you have been a vital agent in the progress
of this City. It would be easy to subject people in this
:._
City to protracted litigation, where the result would not
enhance the quality of life for any one of us. We must
never forget the lessons of Martin Luther King, Jr. and
Ghandi. We oft times win by not playing the same game.
{
History will judge what we have done and that is all
important. We have run the race, fought a good and noble
fight. With your help, I have survived and with your
continued support, I shall continue to contribute, both in
the public and in the private sector to the fulfillment of
<"
our dreams. I have decided not to appeal the decision of
the City Commission. Some of you may be disappointed in
this decision. Some of you will say that this is not fair.
Most of my friends, and members of my family have suggested
that I fight to the end and await the final vote of the City
Commission. Yet others have expressed concern about
maintaining harmony in this community. To those of you who
are disappointed, I ask that you understand that in the last
three and one-half years that I have been your City Manager,
I have always done what I thought was right for this
for
community. I will continue to do what I think is right
this community and I feel that a decision to not appeal is
the right thing to do. Furthermore, you should be aware
that the three Commissioners who voted to fire me have
publicly expressed their decision to fire me again at the
Appeal. A group of leaders in our community have been
independently working to assure all concerned parties that
my leave taking is resolved in a decent and fair manner with
j
regards to any agreed upon conditions. I have enjoyed
tf
working for the City of Miami for the last eight years,
-
three and one-half of which as your City Manager. As City
Manager, I have been fortunate in having a dedicated staff,
which has assisted me in some significant accomplishments
;ter:
for the citizens of Miami and I am happy to say that the
citizens of Miami can feel comfortable, very comfortable in
knowing that I leaving such a competent - competent,
capable, and dedicated staff so they will be able to
continue to receive the good services that they are
accustomed to receiving in the last three and one-half
,
years. It is perhaps significant that this decision is
made, and with these words Mr. Mayor, and members of the
Commission, I hereby inform you that I do not intend to
-.:
appeal your decision to fire me as City Manager of the City
' !
of Miami. Thank you.
Mayor Ferre: All right, do members of the Commission wish
to make any statements at this time? If not, we will stand
`
adjourned.
Mr. Carollo: Mr. Mayor, if I may, I would like to ask the
Manager if his decision not to appeal means that he will be
j
resigning effective today?
Mry Gary: I bring your attention to the Charter.
Mayor Ferre: The Charter is very clear. Mr. Manager,
you ou walk off, if we may ...
Mr. Carollo: Real briefly, Mr. Mayor, if I may ask the City
Attorney a question.
MY,
Mayor Ferre: Well, before we do that - Mr. Manager, before
wr;
you walk out, let me say that this is your day, and I
sl 46 December 3, 1984
respect that, even though there has been a great deal of
pain in all of this. I am not going to change, I am not
going to add or detract anything from it, nor do I think
that the dignity of what you have said here should in any
way be impaired. I thank you for your statement, for the
quality of it, and I think without any further discussion,
we will all have our opportunity. For me this is not that
time and I don't think it should be for anybody else, but
they are entitled to say what they want. We will each have
our opportunity and I thank you for today.
Mr. Carollo: Mr. Mayor, I agree, but I would like to ask
the City Attorney a question.
Mayor Ferre: You are entitled to that.
Mr. Carollo: Madam City Attorney, by the fact that the
Manager has stated publicly today that he will not appeal
the process that is available for him under our City
Charter, is that sufficient for this Commission to go on the
assumption that we can begin the process of appointing a new
City Manager effective December 6th, or does the Manager
have the opportunity to change his mind before that day?
Mr. Dawkins: Madam City Attorney, according to (A) under
the City Charter, it says "Removal of the City Manager",
Joe. "The Commission shall appoint by a majority vote of
its members, the City Manager for an indefinite term and may
remove him by a majority vote of its members at least 30
days before such removal shall become effective", so it is
30 days
Mr. Carollo: Mr. -Dawkins, you are not the City Attorney, Mr.
Dawkins.
Mr. Dawkins: You don't have to be a Ph.D to understand this
either.
Mr. Carollo: Mr. Dawkins, what I am asking the City
Attorney is something a little different, so if you wouldn't
mind listening ...
Mr. Dawkins: I'm sorry.
Mr. Carollo: ... I would appreciate it, sir.
Mayor Ferre: All right ...
Mr. Carollo: Thank you very much, Mr. Dawkins.
Mr. Dawkins: Go ahead, Madam City Attorney.
Mr. Dougherty: The effective date of your removal is 30
days from the date that you passed a resolution. Yes, you
can start the process of selecting a City Manager that will
take effect some time some future date.
Mr. Carollo: That is the first question.
Mayor Ferre: In other words, the 6th.
Mr. Carollo: The second part of my question is, can the
Manager change his mind as to what he has stated to us
publicly here today?
Mrs. Dougherty: Yes, sir, Mr. Commissioner.
Mr. Carollo: Okay, that is all I wanted.
Attorney, thank you Commissioner Dawkins.
31
47
Thank you Madam
December 3, 1984
Mr. Dawkins: Mr. Gary, may I ask you a question. Out of
all the hell you have been through, and the humiliation, and
out of doing a good job, do you think there is any way you
would change your mind? Sir? Before you begin, Mr. Gary,
if you remember, when you were evaluated, you sat here and I
told you that if you gave up that agreement that you had,
being Black, that this day would arrive, and this day is
here, but as you said, we ran a good race. Will you change
your mind?
Mr. Gary: Commissioner Dawkins, I made my comments for the
record. I think it would be appropriate for me to leave the
record as I have stated it, and I thank you for your
concern.
Mayor Ferre: Is there anything else to come before the
Commission at this time? If not, we stand adjourned. I
will be probably calling for a Special Commission meeting.
It must be either the 6th or the 7th, because there will be
a vacancy. The City Manager's seat will be vacant at that
time. All right, we stand adjourned.
ADJOURNMENT
There being no further business to come before the City
Commission, on motion duly made and seconded, the meeting
was adjourned at 3:21 P.M.
ATTEST:
al
RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
MAURICE A. FERRE
Mayor
48 December 3, 1984
Is
fA
ClToir OF MfAml
nP-HMCKIT
i• l•
Q,EL
INDEX
MEETING GATE:
DECEMBER 3,1984
(1 OF 2 )
COMMISSION RETRIEVAL
DOCUMENT IDENTIFICATION ACTION AM CODE N0.
ACCEPT THE PLAT ENTITLED DAMIANO'S COMMERCIAL 84-1328
TRACT AND THE DEDICATION SHOWN ON SAID PLAT.
AUTHORIZE/DIRECT CITY MANAGER/CITY CLERK TO
EXECUTE THE PLAT; ETC.
ALLOCATE $15,000 SUPPORTING THE THIRD ANNUAL
MIAMI RIVER REVIVAL BOAT PARADE AND RIVERFEST;
HELD IN MIAMI ON DECEMBER 7 AND 8, 1984, ETC.
AUTHORIZE TO EXECUTE AN AMENDMENT TO LEASE
AGREEMENT FOR AN ADDITIONAL 635 SQUARE FEET
OF OFFICE SPACE AT 169 EAST FLAGLER STREET
FOR THE USE BY LAW DEPARTMENT.
84-1329
84-1330