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Home My WebLink AboutCC 1984-07-12 Minutesil CITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON JULY 12, 1984 (SPECIAL) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA JULY 11 1984 ITEM SUBJECT N0. LEGISLATION PAGE NO. 1 GRANT EASEMEHT TO F4P� & L. ACROSS A rORTION OF ROBERT KING HIGH PARK FOR INSTALLAT'IOM OF CONCRETE POLES AND IRAPS"ISSTON LINES. R-84=749 R--84-750 1-4 2 READING OH THE PUBLIC RECORD OF A LETTER FROM VICE-HAYOR DEMETRIO PEREZ EXPLAINING THE REASONS FOR HIS ABSENCE FROM TODAY'S MEETING. DISCUSSION 4 3 RESQLUTIOU "!'" T' 7TT`^ 'nLL.Y GRANTING AND APPROVING REQUEST OF COCONUT GROVE SAILING CLUB TO APPLY FOR A LIQUOR LICENSE. M-84-751 44 4 DISCUSSION ITEM BY COMMISSIONER CAROLLO OF THE ASSIGNMENT OF THE REPORTER FROM THE MIAHI HERALD TO COVER CITY CONMISSIOH MEETINGS. DISCUSSION 7 5 DISCUSSION ITEM. STATE ATTORNEY'S REPORT OR LES BROWN'S JOB FOR YOUTH PROGRAM TO BE DISCUSSED AT THE [NEXT REGULAR COMMISSION MEETING. DISCUSSION 7-10 6 AUTHORIZE AND DIRECT CITY ATTORNEY TO SEEK OUTSIDE COUNSEL CONCERNING THE CIVIL RIGHTS LAWSUIT FILED BY THE FAMILY OF NEVELLE JOHNSON. M-84452 10-11 7 REFER THE REQUEST OF THE AMERICAN BARGE CLUB, INC. TO THE CITY HANAGER, TO THE CONSULTANT - WORKING OU THE VIRGINIA KEY FASTER PLAN. M-84=753 11-12 8 REFER REQUEST FROM REPRESEUTATIVES OF THE SOUTH — FLORIDA BLOOD DONORS FOR THE RENAMING OF N.W. 7TH STREET AND N.V. 7TH AVENUE, N.W. 10TH AVENUE IN HONOR OF ED NEWMAN TO THE MEMORIAL COMMITTEE. M-84-754 12 9 DIRECT CITY MANAGER TO GRANT REQUEST MADE BY "ALLIANCE FRANCHISE OF DADE COUNTY, IHC" JULY 14TH CELEBRATION OF "BASTILLE DAY" FOR FIREWORKS. M-84-755 13-14 10 DISCUSSION ITEK-FUND TO SEND 25 DISADVANTAGED - KIDS AWAY FOR A SUMMER BREAK. DISCUSSION 14 11 INSTRUCT CITY 14ANAGER TO IMMEDIATELY ARRAUGE FOR AN EXTERRIHATING SERVICE FOR CITY HALL. H-84-756 15 12 DISCUSSION >`TEH- BILLBOARD ADVERYISING IN THE CITY OF MILKY LED STROUG MAYOR FORM OF = GOVERNHENT. DISCUSSION 15-19 13 DISCUSSIOR LRD TERPORkR1 DEFERkkL OF ARENDIUG NIKKI CLUTER II DUPONT PROJECT PLLZA DEVELOPKENT -' ORDER. DISCUSSION 19-23 R 14 ALLOCATE FUNDING ROT TO EXCEED 415,000 TO PROVIDE FOR PURCHASE OF UNIFORMS AND EQUIPMENT i, FOR 18 SCHOOL CROSSING GUARDS. B-84-757 23 - i 0 15 ACCEPT PROPOSAL. REAL ESTATE RESEARCH CORPORATION AND LEONARD A. BISZ, APPRAISERS FOR ESTABLTS,IIJ[NG THE VALUE OF I -AND ON FOIJR 130V1)ARE BLOCKS OF rPOrERTI, N.V. 10TU S'TRFET, 1 NW- 1ST AVENUE. N T T" SIRTREET, 19ORT11 MT Al T AVENUE. N.E. 1ST AVFI!111 AS F1IR p UrR PF:;CR1 DT +) TH THE RE 101.IITJON _ R-84-758 16 AIJTIIOR17E CITY MANAGFR TO FNTI" R INTO AN AGRE'EMENT-=SARAIi E, E'ATON, C'ON�.'ULTAN;T, CITY OF MIAMI "S HERITAGE COTISERVATION PROJECT. R' 84-759 17 EMERGENCY ORDINANCE. AMEND CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE; IRCIREA SE APPROPRIATIONS FOR ORANGE BOKI, ENTERPRISE STADIUM TI40 PER CENT RESORT TAX TO COMPLETE IMPROVE"ERT S TO TT"E FIELD LIGHTING SYSTEM. ORD. 9863 23-25 26 26-27 18 REAPPOINT THREE MEMBERS TO THE PRIVATE INDUSTRY COUNCTI. OF SOUTH FLORIDA (PIC) R-84-760 27-30 19 EMERGENCY ORDINANCE: AUTHORIZE SUB.IECT TO ELECTION 35,000,000. IN PARK AND RECREATION FACILITIES BONDS FUNDS AND REPEALING ORDINANCES PREVIOUSLY PASSED; ALSO PASSAGE OF FIRST READING ORDINANCE CALLInG FOR THE ELECTION OF THE PARKS BONDS TO NOW TAKE PLACE IH NOVEMBER. ORD. 9864 30-32 20 AUTHORIZATION OF RFP•S IN COHHEC.TION WITH STREET CLOCK ADVERTISING WITH CONDITIONS. M-84-761 35-38 21 RESOLUTION AMENDING MIAMI CENTER II DUPONT PLAZA PROJECT DEVELOPMENT ORDER BY ADDING CONDITION 26 TO EXTEND THE TIME TO BEGIN FROM TWO AND SEVENTY-FIVE DAYS TO TWO YEARS AND EIGHTY DAYS, ETC. R=84-762 38-40 22 AUTHORIZING THE CITY MANAGER TO SPEND FROM $79000 TO $15,000 TO ENGAGE THE PROFESSIONAL SERVICES OF A CONSULTANT COMPANY IN THE FIELD OF RADIO COMMUNICATIONS TO ANALYZE BIDS FOR A NEW 800 MEGAHERTZ RADIO COMMUNICATIONS SYSTEM. M-84-763 40-41 23 AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE AMOUNT NOT TO EXCEED $4,400. FOR ADVERTISING A TEN PAGE SUPPLEMENT CALLED wCOMPETENCIA" DISTRIBUTED TO BUSINESS PERSONS IN ARGENTINA. M-84-764 41-43 t I 4 i 9 9 _g 11 L' MINUTES OF REGULAR MEETING OF THE CITY COMMIS51ON OF MIAMI, FLORIDA P P P r- IR Or. the 12th day of July, 19811, the City Commission of Miami, Florida, met at The Manut-1 Artime Community Center, 900 S. W. 1st Street, Miami, Florida in regular session. The meeting was called to order at. 3:55 O'Cloek P.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be preserl.: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre ALSO PRESENT: Howard V. Gary, City Manager Jose R. Garcia -Pedrosa, City Attorney Ralph G. Orgic, City Clerk Matty Hirai, Assistant City Clerk ABSENT: Vice -Mayor Demetrio Perez, Jr. An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. Mayor Ferre: Good afternoon, ladies and gentlemen, this is a scheduled public hearing, but due to the fact that Commissioner Demetrio Perez is out of the country the normal and regular Commission for today was canceled. As a cor.sequer_ce, I told him publicly at the last Commission. Meeting that we would not discuss anything that was in any way controversial. So anything that anybody has any objections to we will just simply pass over and leave it for the next Commission Meeting. We did have a public hearing announced. The purpose of the public hearing, Mr. Manager, was what? Mr. Gary: To consider extension of the development order for Miami Center, Phase II. Mayor Ferre: And that is the only thing that we actually have to do, or extend the meeting beyond today. So the chair will now... Do we have any pockets items? ------------------------------------------------------------ 1. GRAHT EASEHENT TO F.P. & L. ACROSS A PORTION OF ROBERT KING HIGH PARE: FOR IHSTAI.LkTIOU OF CONCHETE POLES AND TRANSMISSION LIC E.S. ------------------------------------------------------------ Mr. Plummer: Yes, I have beer, asked to bring up one or behalf of Florida Power and light, Mr. Mayor. It is try understanding with the Manager that this is r.on- cortroversial. It is for the purposes of improving and widering Flagler Street from 5'?th Avenue west, It is it the best interest of the City that this easetuent be 'giver: ar.d I so move the resolution granting the easertiert to FP & L at Robert Kir:g high Park and Fire Station No. 10. 1 so move. Each member of the Commission has a copy of this. HT 1 7/12/84 L] 0 Mayor Ferre: Mr. Manager, for the record, you are recommending this? Mr. Gary: yes, sir, What is happening is the streets are being widened and they Dave to remove or rebuild their utility rights -of -ways - Mayor Ferre: And, Mr. City Attorney, a,, to the legal format, we're Okay on ghat? Mr. Garcia-Pe-drosa: Yes, sir, you need to expand, Mr. Mayor, the call of the nectirg to include this item since this is a Special Fleeting that you have called. Mayor Ferre: All right, let the record reflect, that under the powers giver to no by the Charter I'm expanding the call of this meeting to include the discussion of Florida Power and Light at Fire Station_ No. 11 at 5920 West Flagler Street and Robert King High Park. Mr. Plummer makes a motion, Carollo seconds the motion. Further discussion? Before we call the roll, Mr. Manager, and to Florida Power and Light, is there any way we can get these wires underground as we go into Robert King High Park? Mr. Plummer: For. Guy Sanchez is here. Mayor Ferre: Is Mr. Sanchez here? I mean., you know, we keep kind of avoiding to bite that bullet and this is a major and important park. Is there any way that we can get these wires under ground? We'd be most grateful. Mr. Guy Sanchez: Yes, Mr. Mayor, my name is Guy Sanchez, I'm the Miami Downtown. Manager for Florida Power and Light. The reason, for requiring an easement on. Robert King High Park is so, we are trying to clear. West Flagler Street east of 72nd Avenue and we can eliminate 13 existing poles by turning from Flagler up north adjacent to Robert King High and go east with an easement and that corner pole, we reed to have a pole and an anchor that will fall in Robert King High territory and we reed an easement just to place the anchor on the pole. Mayor Ferre: The question is are you going to be extending lines into the park? Mr. Sanchez: No, if you look at the sketch attached to the documentation, it is the very last page, you can see the two little squares behind the tennis courts, that is the only thing that we reed there. Mayor Ferre: Well, I ask the question. a412 ain, Mr. Sanchez, and I don't mean to belabor the point. Is there any way we can get these lines in Robert King High to be extended underground. Mr. Sanchez: No. Mayor Ferre: Mould you tell me or the record why rot? Mr. Sanchez: Because the cost of burying a transmission lire is prohibitive and there is no lire going in there, just an anchor, not a transmission lire, just the anchor supporting the: transmission lire so you won't have a transmission ling at Hobert King High, just the anchor guiding in there. Mayor Ferre: Let we ask you. You know, in other cities, in Atlanta and other American cities there has been a strong move afoot to in public properties to have these wires RT 2 7/12/84 9 underground. Mr. Manager, perhaps this is something that really we should turn to you rather than Florida Power and Light, but Z would like to ask, I remember that at one time we had a complete study made of that -- that must: he 15 years ago. Rohnri. Ki.rp High was al.way.s on than hard wagon. Z would IJ.ke somPt 1.re ir_ the fall_ a report from the administration as to what other cities are doing about Underground lines in import -art puhl.i,c propert:ie s. I don't think we have to go everywhere, but in places where there is a scenic corridor or where there is an important park where people are at play, what other governments are doing, and you pick the on.c s you want to, I don't care, but. I know that the move all. over America is to have these wires under ground and I think we reed to deal with that issue. I don't think we need a motion for that, do we? Mr. Manager, we don't reed a motion., do we? Okay, further discussion? If not, call the roll. The following resolution_ was introduced by Commissioner Plummer, who moved its adoption.: RESOLUTION NO. 84-749 A RESOLUTION GRANTING TO FP & L COMPANY AN EASEMENT OVER AND ACROSS A PORTION OF ROBERT KING HIGH PARK FOR THE INSTALLATION OF CONCRETE POLES AND TRANSMISSION DINES AND AUTHORIZING THE CITY MANAGER. AND CITY CLERK TO EXECUTE SAID INSTRUMENT HERETO ATTACHED. (Here follows body of resolution., omitted here and on file in. the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Mr. Plummer: I move the sane resolution. for Lire Station_ No. 11. Mayor Ferre: All right, we have the same motion_. Is there a second? Carollo seconds. Further discussion.? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption.: RESOLUTION NO. 84 -750 A RESOLUTION GRANTING TO FP&L COMPANY AN EASEMENT OVER AND ACROSS A14D AROUND THE PERIMETER OF FIRE STATION NO. 11 LOCATED AT 5920 WEST F! AGLER STREET FOR THE INSTALLATION OF CONCRETE POLES AND DISTRIBUTION LINES AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID INSTRUMENT HERETO ATTACHED. RT 3 7/12/84 7A (Here follows body omitted here and on of the City Clerk.) of resolution, file in the Office Upon being, seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. ------------------------------------------------------------ 2. READING ON THE PUBLIC RECORD OF A LETTER FROM VICE -MAYOR DEMETRIO PEREZ EXPLAIRING THE REASONS FOR (CIS ABSENCE FROM TODAYeS MEETING. Mayor Ferre: I have here, two memorandums that Commissioner Perez has asked me to read into the record dated 7/12/84. This is to ratify my absence from today's Special Commission Meeting, as I previously stated on June 28, 1984. The next one is dated 7/12/84, Subject: Strong Mayor Form of Government Issue. As per Commissioner Perez's instructions, he will appreciate that the Strong Mayor Form of Government Issue be deferred until he is able to be present at a Regular Commission Meeting. Signed by Magda F. Rodriguez. Do you have anything else, J. L., Commissioner Dawkins? 3. RESOLUTIOU CONDITIONALLY GRANTIRG AND APPROVING REQUEST OF COCONUT GROVE SAILING CLUB TO APPLY FOR A LIQUOR 1 LICENSE. ------------------------------------_----------------------- Mr. Dawkins: The Coconut Grove Sailing Club asked me to bring them up to be heard. UNIDENTIFIED SPEAKER: Commissioner Dawkins, Commissioner Plummer, Commissioner Carollo, we have appeared before the Commission_ before, we have asked permission_ of the City, we would like to make application to the State of Florida for a liquor license. We would like to make application to the Building and Zoning Department to close in a small portion.. We have been here before, we have had some problems and I think we have discussed these with Commissioner Dawkins. Commissioner Dawkins moved the matter be deferred after the June 12th or June 14th Meeting, we have resolved the matter that Commissioner Dawkins had raised and I think we would like to ask the City's permission to make application_ for a liquor license as well as a building permit. Mayor Ferre: I think you have to be a little more explicit, at least for rue. You say you resolved, what does that mean.? You know this is public property. UNIDENTIFIED SPEAKER: Specifically, Mayor, Commissioner Dawkins at the Meeting of the 14th of June raised a question of whether the Coconut Grove Sailing Club has any black members. The specifics are that we have done and we have RT 4 7/12/84 complied with Commissioner Dawkins' request and we have applications from two black members, their names, I know of no reason why they would be refused membership, there is a procedure that ixe have r Mayor Ferre: That's good enough for me, sir, I just wanted to put it or the record. Mr. Dawkins: Also, I think you reed to expl.air that the urgency of why it has to be brought up today because of a time lag. UNIDENTIFIED SPEAKER: Yes, sir, we've been waiting, for this and we've made application for some, about a year and a half or two years ago. We've come up a couple of times already, I know you're going to be or vacation during the month of August and we would like to begin, we've just begun a new administration at the club and we need, we'd use the liquor license for purposes of trying to raise „iomc honey for the club and we're spending a lot of money for a temporary storage shed and we'd like to get started it closing it in. Mayor Ferre: I only have one remaining concern. that I want to share with you, it's nothing new, you know about this. We hav, vadncu about this before. As you remember, there was a requirement of the Fire Department to put in a ramp. It is a ramp for wheel chairs to go up to the Club. Unfortunately, when that ramp was built, nobody bothered to consider the aesthetics of it. I happen to think that the Club which you built there is a beautiful structure and it does justice to Coconut Grove and it has a historic flavor to it and it is well designed and in keeping with the character of the area. Through no fault of your's and fortunately, because of the Code you ended up having to build this ramp that sticks way out towards the view corridor from Mac Farlan.e which is a very important view corridor. We need to resolve that and I don't know how we're going to resolve it but I would like to make that a part - I think you do too, I've heard many members of the Club saying that they were very upset when. the City forced them to build that ramp. Now we reed to do something where we car solve the Fire Code and the necessity, but also to take down that horrible thing that blocks out the beautiful view which enhances your club. UNIDENTIFIED SPEAKER: Mr. Mayor, I'm we will be very happy to work with the City and work some reasonable method of re -doing or whatever can be done. I think it was of the suggestions, I'm not sure how it came down., but that's how it got painted, the blue sky with the palm trees so that... It was a method, perhaps, of disguising or camouflaging something and.... Mayor Ferre: That's good but not good enough. UNIDENTIFIED SPEAKER: Well, we will be most happy to work and study with you and do whatever is reasonably feasible. Mayor Ferre: fir. Manager, Howard, through you to Jack Luft, can I ask Jack Luft a question. Jack, if you would, sir, how do you recommend we deal with this issue? Mr. Luft: Ire my opinion, I think the wall which is a non- structural element which is 90% of what blocks the view, could be replaced with a railing. You would end up with a six inch zig-zig slab that would be the ramp but that in itself would not be a major visual obtrusion.. With a railing or. it I think we could get by so long as the Fire Department would approve a railing. RT 5 7/ 12/84 UNIDENTIFIED SPEAKER: Mayor, I know we have studied this before and I know that there is a report that has been done and the cost is very expensive. To knock the wall down and put the railing up... Mayor Ferro; How much? UNIDENTIFIED SPEAKER: My recollection i somewhere around $25,000 was the cost given to us. Am I wrong? Maybe that was the coat of knocking the whale ramp down. What was it? $5,000 to $10,000 is what we were told. I know we were given a figure of $25,000 to $35,000 to tear it down. Mayor Ferre: Look, I don't mind, if you're really hard up for money, where the City would advance you the $5,000 and you repay it over 12 months or a year out of your liquor money or whatever, but we aced to get this behind us. UNIDENTIFIED SPEAKER: Well, I'd be happy, Mr. Mayor, I think that right row I can't speak for the club because I don't have the authority to speak for the Club, however, I don't think that it is an unreasonable request. Mayor Ferre: All right, thank you. Are we ready? I'm just saying t':st 1 would like whoever makes the motion to make that conditional and leave it in the Manager's hands. Mr. Plummer: Question. What kind of a license are you applying for? UNIDENTIFIED SPEAKER: It will be a private club license. Mr. Plummer: Members only? UNIDENTIFIED SPEAKER: Members only. We don't wart to interfere with any of the businesses in the area. Mayor Ferre: Members and their guests. Mr. Plummer: Well, that's under the same license. UNIDENTIFIED SPEAKER: Yes, sir. Mr. Plummer: Mr. Mayor, if you wart, I'll make it in accordance with your request, subject to the removal of the wall and replacement with a railing, subject to we approve it. Mayor Ferre: Of the Manager. All right, under the authority granted to me under the Charter I expand this Meeting to include the subject of the request of the Coconut Grove Sailing Club to get a liquor license and to build a shed, is that it? UNIDENTIFIED SPEAKER: To enclose a portior of the lower street level for purposes of storage. Mayor Ferre: Okay. Further discussion.? Call the roll. The following motion_ Has introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 84-751 A RESOLUTION CONDITIONALLY GRANTING AND APPROVING THE REQUEST OF THE COCONUT GROVE SAILING CLUB THAT IT BE ALLOWED TO APPLY FOR A LIQUOR LICENSE FOR THE SALE OF SAME TO ITS MEMBERS, SAID LICENSE TO BE ISSUED IN CON -JUNCTION WITH THE OPERATION OF SAID CLUB LOCATED ON CITY - OWNED PROPERTY AND FURTHER APPROVING THE USE, OF THE LOWER LEVEL OR PORTION OF THE CLUB STRUCTURE AS A STORAGE FACILITY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissian-cr J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. 4. DISCUSSION ITEM BY COMMISSIONER CAROLLO OF THE ASSIGNMENT OF THE REPORTER FROM THE MIAMI HERALD TO COVER CITY COMMISSION MEETINGS. ------------------------------------------------------------ Mr. Carollo: Before I bring up one item that I would like to bring up, Mr. Mayor, I would just like to say that it is a shame that the Miami Herald again wants to insult the majority of this community by sending once again as a reporter to cover the news of the Miami City Commission the undistinguished founding member of the Communist Antonio Maceo Brigade who spent several weeks in. Cuba working for Fidel Castro and met with Fidel Castro, and I'm referring to the undistinguished reporter of the Miami Herald, Ricardo Alon.so who now uses the name Ricardo Zaldivar, the gentleman with the goatee like Lenin's sitting in the fourth row. If there is anything that is incorrect that I have stated, Mr. Alon-so, please stand up and correct me. 5. DISCUSSION ITEM -- STATE ATTOR EY'S REPORT ON LES BROWN'S JOB FOR YOUTH PROGRAM TO BE DISCUSSED AT THE NEXT REGULAR COMMISSION MEETING. Mr. Carollo: Mr. Mayor, I dory l t IMOW if the ine tubers of the Commission or the Manager have had the opportunity to to read the very long and to some extent boring report that the State Attorney sent to us in regards to Mr. Les Brown.. Mr. Manager, have you had the opportunity to read it? Mr. Gary: Yes, I have. Mr. Carollo: How about the other members of the -Commission? Mayor Ferre: No, I have not. RT 7 7/12/84 0 Mr. Plummer: I have. Mr. Carollo: I would like to have Mr. Brown_ contacted so that he can have an opportunity to come before this Commission and hopefully get a much fairer shake and quicker position than he has been giver_ by the State Attorney. The only thing I would like to say at this point in ti.ne is that it is just beyond ray imagination how someone can spend some 13 months investigatirg an individual. in a case that should have been finished with in at most a couple of months, and when it is all over, the only thing they are trying to do is play politics by throwing it at the Miami. Conmi sdior' 3 back with the insinuation that, as she has said during the campaign trail, that it is also the fault of our City Attorney that is running against her. I don't think that the Office of State Attorney should be an office where politics should be played and definitely not that kind of politics. Mr. Mayor, if it is correct, sir, I would like to schedule Mr. Brown to come before the Commission at the next available meeting so that we could hop, -.fully clear tip this matter once and for all. Mayor Ferro: All right. Anything else? I'll tell you, just on that subject, I just want to quickly put in the record, you noticed in the Herald editorial about the issue that the editorial the way it is written says that - I'm talking about the Herald editorial of this week dealing with the Les Brown case. It basically states that the City Commission should carefully administer the proper accounting procedures. Now, on the one hand the Miami Herald is continually saying that this is a Manager form of government and that the City should not get involved in administrative procedures. It reminds me of this, of the Charles Whitehead article yesterday about Miss Universe. You know, in all fairness, if the City of Miami had not taken the chance and done everything that we did including, and I've got to say that, that when. Commissioner Perez was not there on one occasion it was Miller Dawkins, ever_ though we were under way and we had everything committed, but, you know, even though the majority of the Commission had not voted for that, both Plummer and Miller Dawkins, not to hurt the pageant since the majority of the commission had established its will, went ahead and voted with that so as to alleviate it. If it hadn't have been for that we would never have gotten this Miss universe Pageant in process. And yet, when it is all over and done, Charles Whitehead, who is the main conscience of the Miami Herald in many ways, writes this column. He doesn't say say you were right. See, the headlines should have said, "You were right" and then it should have said, Miami, you were right and we did the right thing and I'm glad it worked out. He says No, I was wrong. I was wrong and now I'm going to eat crow. And then when it is time to say thank you he says thank you, Metropolitan Dade County, thank you Miami Beach, thank you City of Miami. Today is the 12th day of July. As of noon today, we still have not been paid by Metropolitan Dade County. The City of Miami not only did this whole hiss Universe Pageant, had 12 people of your staff, Mr. Manager, working on it putting it together, raking sure that it was a success, we not only put up $100,000 which we were supposed to put up, we also put up $66 , 000 for the space. Ule also put up $100 , 000 for Metro, also put up the $50,000 for the City of Miami Beach, had over $300,000 invested in tl'tis pageant, worked in getting all the facilities, the hotels - in other„ words we did the whole thing and yet when it comes tune to say, "I -ley, it worked out." No credit for the City of Miami, rot one word, not one editorial, not ever in the columns. Now, when this Les Brown situation comes about, now all of a sudden~ they don't say, well, Janet Reno, you shouldn't have kept this RT 8 7/12/84 going for 12 months or 11 months. They don't say this is wrong. They say, "The City of Miami Commission should make Sure that the City Commission_ administers", and in those words. So, you know, you're damned if ,you do and damned if you don't :and it in- unbel .evabin that they could in their editorial on the conclusion of the Le, Brown natter. in the typical manner, and I've* got to gay tti.is and I t•.iiink Mr. Capen is the bast thing that has ever bappened to the Miami Herald, but here we are again. It Is just like when we voted for Lucia Dougherty, you would think that the Miami Herald would be able to say -- you've picked the right person, she's terrific, congratulations. Lucia Doughertyy, congratulations City of Miami. No, no, no. They've got to do it by kicking us in the teeth first. The City of Miami Commission doesn't do too many things right and doesn't have too much logic and doesn't have too much logic and amazingly chose the right person. You know, we seem to be always amazing the Miami Herald Editorial Department by picking Garcia --Pedrosa, or by picking Lucia Allen., by doing the right thing in Bayside, by doing the right thing with Miss Universe, they nopm to be amazed that we do the right thing but even when are rain it has to be in a negative fashion. Amazingly the City of Miami Commission did the right thing in choosing Lucia Allen. So I really thick that this Les Brown situation - I want to repeat what I said during the very difficult times of Les Brown's travails. In my opinion Les Brown is the best motivator of young teenagers in this town. I have never seer anybody work better with young people. I don't think there is a person more qualified in Miami to deal with young kids, especially those that are in the verge of getting into trouble. Now, that he can't administer funds, well, that's kind of obvious - that he's not a good administrator, that's kind of obvious. And I think when he comes here, Mr. Manager, I don't know what Carollo is going to do or feels about this, but as far as I'm concerned, and I don't care what any editorial writer thinks, I think Les Brown is an extremely qualified person and if we're going to do something with Les Brown it has to - be done a basis that the program is properly, that the moneys are properly accounted for and administered. Mr. Carollo: Let me not hold back at all since we got into the subject deeper than I expected to and say for the record exactly what my position is going to be. I think that yes, Mr. Brown and the staff that he has certainly could have done a much better job in administering the program and accounting, that's rather obvious. However, I also do feel that the administration of the City of Miami - rot the Commission - should have been more helpful in guiding them, telling them what was expected of them, and this is what I hope is done because if For. Brown comes up here at the next Commission Meeting or a future Commission Meeting requesting for this Commission to again_ decide if they want to help black youth it this City I for ore, and I car-tt speak for the rest of this Commission, will vote _ and I'm sayirg it row for the record - to approve funds for For. Brown and qualified staff that he will and should have because I agree with what has been said here. I can't think of an.yore in any community that can ruotivate young people more Char. Les Brown car and I think what this City Commission should do is _ to make sure that the administration_ provides the adequate safeguards and leadership and guidance to ruake sure that the program will be admir.istered correctly. But I don't think that the people should be punished in this are the black youth of this community that are the ones that most need programs such as these. So as ore vote of this Corurnission I'm making wyself as clear as 1 possibly car ar:•d the last thing I wart to do and say about this is that I would be ashamed if 1 would be part of a law enforcement agency or investigative agency and say that in 1984 with the resources RT 9 7/12/84 a' Or of that the State Attorney's Office has that they can't locate two witnesses. 6. AUTHORIZE AND DIRECT CITY ATTORW'Y TO SEEK OUTSIDE COUNSEL C€ NCERU FIG T E CIyI€. RIGII-TS I.At4.St1T% FIT.ED BY THE FAMILY OF ff-EyELLE JO"W— 0P . Mr. Dawkins: Mr. Mayor, I have one more pocket item. It came to my attention that we are behind in the Nevelle Johrsor Case because there appears, to be a conflict of interest with our Lary Department so I would like to hear from the City Attorney and then after we hear from him I'd like to make a motion. Mayor Ferrc: All. right, Mr. City Attorney, the question is dealing with the Nevelle Johnson lawsuit. That is a civil lawsuit isn't it? Mr. Garcia -Pedrosa: Yes, air, that is the civil case brought in connection with that ir.cidert, Mr. Mayor. And Commissioner Dawkins, you're absolutely right. I've discovered that a member of my staff at a much earlier time represented Nevelle Johnson, Jr. and that represertatior could, and we anticipate will, create a conflict of interest situation with my office. Urfortunately the courts have rejected the notion that you can erect a so-called Chinese wall around a lawyer in an office so the entire office, in effect, is disqualified and, therefore, there is a need, since the case is coming up for trial in the next few months, to engage counsel outside the office. Mr. Dawkins: Have you selected one? Are you recommending aryore? Mayor Ferre: Are you recommending that we go out and hire him? Mr. Garcia -Pedrosa: Yes, sir. Mr. Dawkins: All right, I'd like to make a motion_ that we authorize the City Attorney to go outside and get the legal aid that he reeds to assist him in this case. Mr. Garcia -Pedrosa: Excuse me, Mr. Mayor, I'm sorry to do this but this is a Special Meeting and if you're going to have a resolution you reed to expand the agenda. Mayor Ferre: All right, I'll expand under the duties granted me through the Charter I expand this Commission. Meeting to include the question of retaining legal counsel for the Nevelle Johnson civil rights lawsuit. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTIOW NO. 84-752 A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING THE CITY ATTORNEY To SEEK OUTSIDE COUNSEL FOR REPRESENTATION' ON i3LHALF OF THE CITY of MIAMI IN THE CIVIL ElGNil'S LAWSUIT FILED BY THE FAMILY OF NEVELLE JOHNJSON Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- RT 10 7/12/84 AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Nore. ABSENT: Vice -Mayor Demetrio Pere:, Jr. Commissioner ,Too= Csrollo ------------.------:.-._._-_-_-.:..-------- a:- ----------- 7. REFER REFER THE REQUEST OF THE AMFRICAN BARGE CLUB„ INC. TO THE CITY MAMAGER, TO THE CONSULTANT WORKING ON THE VIRGINIA KEY MASTER PLAH.. Mayor Ferro: I have a lease agreement with the American. Barge Club for an approximately 16 year period June 1, 2000 at an annual rent of $100 per year. Why does this come up row? INAUDIBLE CONVERSATION Mayor Ferro: No, sir, that's not acceptable. Mr. Manager, would you put this or for a full discussion at the next Commission Meeting? Mr. Plummer: What is the item? Mayor Ferre: The American. Barge Club. This is the rowing thing out there. Mr. Plummer: Do you mean at the Marine Stadium? Mayor Ferre: Yes. But I think this is a ror.-scheduled item... Mr. Plummer: Excuse me, is that at the Marine Stadium? Mayor Ferre: Yes, it is. Mr. Plummer; Mr. Mayor, all of those items have beer. deferred to the consultant who is doing the Master Study. So I would suggest to not advise this, i.i,ai yvu do likewise. INAUDIBLE CONVERSATION Mayor Ferre: No, Nestor. I apologize. Mr. Manager, I assume that what Commissioner Plummer is saying.... Mr. Plummer: All the matters referred on the Virginia Key, Mr. Mayor, because there is a master study being done, have automatically been deferred to the consultant for consideration it his report back to us. Mayor Ferre: This thing has been pending for three years. Mr. Plummer: Well, 1 think, ar appropriate motion today would be that we recow.mend this to the consultant for consideration in his master plan since that is all you would be doing on a regularly scheduled item anyhow or tt,lat's what customarily we have been doing - if that's what you want to do. Mayor Ferre: That's fire with me. Why don't you make that motion.? I expand this Commission. Meeting to include the American_ Barge Club request. RT 11 7/12/84 L] C Mr. Plummer: I make a motion that this application as presented ty the Mayor be forwarded to the consultant for consideration its his master plan.. Mayor Fore: This is a lease agrertrnn ±t. with. the American. Barge Chula for ar approximptel.y 16 year period ending ,.lure 11 2000 at an am aaal. rage of '1100 per year. This is for a rowing club similar to the one that; is already out there. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 84- 7 53 A MOTION REGARDING A PROPOSED REQUEST FOR LEASE AGREEMENT MADE BY THE "AMERICAN BARGE CLUB, INC." FOR APPROXIMATELY 30,000 SQUARE FEET OF CITY -OWNED LAND ON VIRGINIA KEY LOCATED NORTHEASTERLY OF PLANET OCEAN FOR THE OPERATION OF A ROWING FACILITY FOR THE YOUTH AND HANDICAPPED IN THE COMMUNITY, AND DIRECTING THE CITY MANAGER TO REFER SAID REQUEST TO THE CONSULTANT WORKING uN is ft MASTER PLAN FOR LAND USE OF ALL CITY -OWNED PROPERTIES ON VIRGINIA KEY. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo 8. REFER REQUEST FROM REPRESENTATIVES OF THE SOUTH FLORIDA BLOOD DONORS FOR THE RENAMING OF N. V. 7TH STREET AND N. Y. 7TH AVENUE, N. V. 10TH AVENUE IN HONOR OF ED NEWMAN TO THE MEMORIAL COMMITTEE. Mayor Ferre: There is a request by the South Florida Blood Services to have N. W. 7th Street between N. W. 7th Avenue and N. W. 10th Avenue named "Ed Newman. Street". Mr. Plummer: Refer it to the Memorial Committee. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION 140. 84-754 A MOTION TO REFER A REQUEST MADE BY REPRESENTATIVES OF THE SOUTH FLORIDA BLOOD SERVICES AND OTHERS FOR THE RENAMING OF N. W. 7TH STREET BETWEEN N. W. 7TH AVENUE A14D N. W. 10TH AVENUE IN HONOR OF ED NEWMAN, AS "ED 11EWMAN STREET" TO THE CITY OF MIAMI MEMORIAL COMMITTEE FOR REVIEW AND RECOMMENDATION. Upor being secorded by Commissioner Dawkins, the motion was passed and adopted by the following vote - RT 12 7/12/84 Ll 11 AYES: Commissioner Commissioner Commissioner Mayor Maurice NOES: Pone Joe Carollo Miller J. Dawkins J. L. Plummer, Jr. A. Ferre ABSENT: Vice. -Mayor Demetrio Perez, Jr. 9. DIRECT" CITY NAMAGER TO GRANT REQUEST "APE BY "ALLIANCE FRANCATSE D7- DADE COUNTY, INC.." JULY 14T" CELEBRATION OF "BASTI LE DAY" FOR FIREWORKS. ------------------------------------------------------------ Mayor Ferre: There is a request by Mr. Edmond Boutor.ier of the Alliance F aTSeof Dade County to allow fireworks display at 9:U�?a�' �or their day of independence, July 14th. Mr. Plummer: Why is a waiver needed at 9 O'Clock? Mayor Ferre: After 9:00. This is Bastille Day and it is July 14th and they wart to take the fireworks at 10:00 P.M. Mr. Plummer: Where is it going to be? Howard Gary's backyard? Mayor Ferre: Commodore Plaza, Coconut Grove - Main. Highway with valet parking. 1500 guests at the ball Lucette at Commodore which is, I guess, in. Coconut Grove. Is there a motion_? We have also scheduled fireworks for which we have already obtained the authorization of the Fire Marshal... subject to the City of Miami Fire Department. We don't care what the fire martial... Mr. Plummer: The Fire Marshal reviews it all. Mayor Ferre: I see somebody back there standing up and kind of waiving. Are you trying to say something to us? Are you for this or against this? Oh, I see. Okay. Plummer moves, Dawkins seconds that the French Alliance be granted the right to have a no later than 10:00 P.M. fireworks provided that the Fire Department of the city of Miami gives final approval on their request. Okay? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption.: MOTION NO. 84--755 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO GRANT A REQUEST MADE BY THE "ALLIANCE FRA14CAISE DE DADE COUNTY, INC." FOR PERMISSION TO HAVE FIREWORKS DISPLAY ON JULY 14, 1984 IN CELEBRATION OF "BASTILLE DAY", SAID FIREWORKS DISPLAY TO BE HELD IN OPEN SPACE BEHIND COMMODORE PLAZA; FURTHER STIPULATING THAT SAID FIREWORKS SHALL BE CONCLUDED BY 10:00 O'CLOCK P.M. Upor being seconded by Commissioner Dawkins, the motion was passed and adopted by the following vote- RT 13 7/12/84 16 0 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Norse. ABSENT: Vice -Mayor Demetrio Perez, Jr. ------------ -_-T----:--------------------------------- 10. DISCUS-31011 ITEM — FURD TO SEND 25 DISADVAXTAGED KIDS AWAY FOR A SUMMER BREAK. Mayor Ferre: Ther there is a request to provide funds to send 25 disadvantaged kids from Overtown to a YMCA Summer Camp at Lake Placid, Florida. Mr. Plummer: We got a thine on that. That is Adker, isn't it? Mayor Ferre: This formalizes the previous request by Anne Marie arik.er. Is there a notion. or. Item 4? Through the Parks Department, of course. Mr. Plummer: Well, the memo came to us from Dena Spillman,. Mr. Dawkins: When we had this before we said that it would go to the Recreation Department. Mr. Plummer: Fine. Mr. Gary: Mr. Mayor, we don.'t reed this resolution_ because we agreed that this would be done under the Parks and Recreation. Department. Mayor Ferre: All right, fire. ----------------------------------------------------------- 11. INSTRUCT CITY MANAGER TO IKMEDIATELY ARRANGE FOR AN EXTERMINATING SERVICE FOR CITY HALL. ------------------------------------------------------------ Mayor Ferre: The last thing that I have is a request by everybody in my office to arrange for an exterminating service to fumigate the Mayors Office. Mr. Plummer: Yes, but that is with the Mayor and employees in while it is being done. That comes from Xavier Suarez. Mayor Ferre: And certain members of the Cornmissior. I mean to tell you that that place, I have never seer, more bugs. It is unbelievable. flow, I'm rot talking about electronic bugs either. Is there a motion? There is a motion. by Commissioner Plummer that the Manager be requested to arrange for a extermination services for whatever offices it City Hall request it. Is there a second? Mr. Dawkirs: Put a teat over it and you'll wipe out everything at one time. I don't see why we're going office by office. Mayor Ferre: That's not such a bad idea. Mr. Plummer: The Miami Herald will even pay for it. RT 14 7/12/84 0 r. The following motion was introduced by Commissioner Plummer, who moved its adoption.: MOTION NO. 911--756 A MOTION TINS)TRUCTING, AND DIRECTING THE CITY MANAGER TO ARRA14GF; TMMEDIATELY FOR AN EXTERMINATING sr. ICE WHICH MILL FUMIGATE FOR ROACHES Its THE MAYOR'S OFFICE AND ALL OTHER OFFICES IN CITY HALL AT DINNER KEY. Upon being seconded by CommAssion_er Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Hiller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -?Mayor Demetrio Perez, Jr. ON ROLL CALL: Mr. Carollo: In voting yes, I'd like to say that I have heard of someone that is Arabic that has a good deal that he'd give the City for the exterminating of termites. --------------------------------------------------------- 12. DISCUSSION ITEM - BILLBOARD ADVERTISING IN THE CITY OF MIAMI AND STRONG MAYOR FORM OF GOVERNKENT. ------------------------------------------------------------ Mayor Ferre: The last thing here is Eladio Armesto warted to very briefly address the Commission_ - very briefly. Mr. Dawkins: That's impossible. Mr. Carollo: That means half an hour. Mr. Dawkins: Yes, or longer. Mr. Eladio Armesto: Good afternoon. (1) Welcome to Little Havana to all of you. This is, I think the first time I have seer so many fathers of the City here in this part of the forgotten city. Mayor Ferre: Fathers and grandfathers, please. Mr. Armesto: Yes, fathers and grandfathers who are the taxpayers. Miller Dawkins, he is a great uncle but he is rot a grandfather yet. And the Manager just celebrated the 21 about a few weeks ago. Mayor Ferre: Let's move along. Are you here for the Republican Party or are you here for the funeral homes? Mr. Armesto: I am here for, the City of Miami. Listen, just to take one minute of the time to endorse all of you, what you said about the Miami Herald. July 8th the Miami Herald ir. the English version on the bottom of the editorial page, they tell us, I ruear, I am one of theta, the members of the Planning Advisory Board, chat to do in the next meeting next Wednesday, July 18th. They tell to the members of the Planning Advisory board in. the Meeting of July 18th, you must vote to ban the billboard advertising in the City of RT 15 7/12/84 Miami. My question_ is who is the Miami Herald to tell us, the seven_ members of the Planning .Advisory Board what to do? It is something ridiculous, that we tiave been six months studying the problem of the billboard advertising, We have professional staff who ear± advise us in that matter. The Miami Herald who mattes money from the ad ert.i ;irk , they are jealous of the billboard Indu-stry because the etasrified pages will die if there i3 more billboards. But that is just a poirt. I mould Litre to recall- that a year ago on July 18th it the City of Miami Commissioners and the at;enda that I have here to prove that, we had the petition to charge the Charter of the City of Miami from the present type of City Manager government to the strong Mayor type of government. That was July 18, article 42 of the agenda. And later or in that meeting we compromised and the City of Miami ordered the City Attorney to make a formal resolution that was presented, and which I have over here also with the signatures of Jose Garcia -Pedrosa and Robert F. Clark signed here. A proforma of a resolution on September 1st that was viewed or the City Commission. in September 7th about placing or the ballot last year the Strong Mayor Form of Government and the expansion of the City Commission from 5 members to 7 members and we agreed at that time, Mayor Ferre warted it that way, not to bother with last year's election and not to do anything with last year's election that will complicate the ballot. And I have here, and you probably have also the tapes. I came today, one year later, to remind you of that compromise and request... Mayor Ferre: I remember that. Mr. Armesto: Right. You had a lot of conversation going on about that. Request from the City Commission_ to place on the November ballot the referendum according to made by Garcia -Pedrosa here it this electiof on November 6th in the general election where everybody is going to vote for the President... Mr. Carollo: Excuse me, I think we should consider that for September 4th, then, possibly reconsider additional things to add on the November election. Mr. Armesto: As long as it is this year, as you promised me and my people that this year will be, and also with the provision- that that charge on the Charter will not take effect until 1987. I don't wart to disturb the present administration., I think that the Manager has done a great job for the City. Our bonds are rated AAA and we have.... Mr. Carollo: Car you repeat that last part? You had me until then.. Mr. Armesto: I don't wart this to go into effect until 1987• If it is approved by the people in. November this year... Mr. Carollo: I hear that one, it is the other one that I meant, but go ahead. Mayor Ferre: In other words it would not applicable until 1987• Mr. Armesto: Yes, Mr. Mayor. Mayor Ferre: So in other words you wart to get me and other people out of here out. Mr. Armesto: No. What probably you mean, and you don't want to say is that if the Manager gets so smart, he will run. in. 1987 with a track record. Who knows. RT 16 7/12/84 Mayor Ferre: Well, I wart you to believe me that I had nothing to do with this, but Commissioner Perez has written a memorandiim that just happens to spear to that issue and it says, as per ro-mmi.snlorer Pcre 'n i.nss.riietior.^, lie would appreciate If the trcr±p, Mayer Form of hover rmont issue be deferred uni til. he is aisle to tan present at. a regular Commission Meetlr pp Mr. Carollo: Car you be a strong flavor iron Co^ta Rica or not? Mayor Ferre: So, I thank you very much, Mr. Armesto. Mr. Armesto: Mr. Mayor, but we have to court the time, the time to place on the ballot, we reed so many days before to go on the ballot. Mayor Ferre: Well, I would imagine the State Attorn.ey's Election is not in September.... Mr. Carollo: There's a lot of elections in September, the Mayor's Election, in Made County, Commission races, legislative races and the State Attorney has a primary then.. You mi S"" r^t have realized it a few creeks ago, but you're realizing it now. Mr. Garcia -Pedrosa: Mr. Mayor, it really doesr't matter because if you make a change in the Charter you have to make the change in the Charter immediately. So if Fir. Armesto is suggesting that the Commission charge something in. 1987 you've got to do it in 1987. Mayor Ferre: I'm sorry, you have to do it in. 87? Mr. Garcia -Pedrosa: You can't charge the Charter in. 1984 and hold it up until 1987. Mayor Ferre: Are you tellirg me roar that you cannot change something in the Charter that says that it will not come into effect until November of 1987? Of course you can do that. Mr. Carollo: You can do it as long as you word it. For instance, you could say it becomes effective until the term of the present Mayor is over. That'-- cnz ::z:, you could put it. Mayor Ferre: There is no reason legally achy you cannot put something... Mr. Armesto: There are many laws in the Congress that have a date that takes effect a year after, two years after, three years after. Mayor Ferre: That is like telling me that the Simpson. Mazoli hill that has a kick it, clause a year from row is illegal because it has a date 12 months in the future? Come on. Well, that is something you'll have to look into. Mr. Garcia -Pedrosa, would you be ready to address that issue by the meeting on the 30th? And I think it was on the agenda, or Mr. Manager, would you put that subject on the agerda. Mr. Carollo: Mr, City Attorney, until what date do we have to place any refererdum or. the September 4th ballot? Mr. Garcia -Pedrosa: July 30 or 315t. Mayor Ferre: 45 days before. RT 17 7/12/84 1 9 Mr. Garcia'Pedrosa: Yes, July 30 or 31st, I think. Are you talking about the Charter Amendment row or are you talking about.... Mayor Ferre: Obvi_ounly It is a Charter Amendment, Mr. Garcia --Pedrosa: 011-RV, then it: in too late for September. Mr. Carollo: you know what I would sugpest on doing, we're really putting the cart before the horse. What I think we should do is put a straw ballot. I don't think there will be any problems and, you know, getting it or, the next election and we could have afterwards public hearings or it and put it .... Mayor Ferre: A straw ballot, as I understand it, Mr. City Attorney, does not require, since all it is just a.... Mr. Garcia -Pedrosa: Yes, but you still have too have 45 days for the Department of Elections to have time to print up the ballots and so forth. Mayor Ferre: Okay, so put it on the agenda and we'll decide then. t::: r ::c ,out it on November or not put it on or put it or as a straw ballot. Mr. Carollo: The problem is that if we're going to be considering it it is going to be kind of tight. Mayor Ferre: Commissioner Perez has requested that this matter rot be discussed until he is present, so I mean. I cannot in good conscience take this matter up after that memorandum which he has put on the record. So, all I'm saying to you is I have no problems in discussing it and voting or it on the 30th. You have 45 days, I don't see any reason why you can't call... Mr. Carollo: Do we have 45 days? We don't, not on. the 30th. Mayor Ferre: ...the Elections Department and see that that issue be placed. Mr. Carollo: Can somebody call the Elections Department row. Mr. Clerk, would you have somebody call the Elections Department? Mr. Armesto: Mr. Mayor, then it would be July 30th right here? Mayor Ferre: Yes, sir. Mr. Carollo: We've got about 15 minutes before they all leave there. Mr. Dawkins: Mr. Mayor, I am the one who is constantly asking that things be held up and they constantly get gore over. I. make a move that we honor Commissioner Perez's request and that we stop all discussion of this now and wait for Commissioner Perez as he requested. Mayor Ferre: You don't have to make that motion., Commissioner. Mr. Carollo: That's what we've done. All we're doing is trying to get the Clerk.... Mayor Ferre: Is there anything else that reeds to be discussed or any pocket items so we can move along? — RT 18 7/ 12/84 1 13. D13CUSSION AND TEMPORARY DEFERRAL. OF A"ENDING "TANI CENTER 11 DUPONT PROJECT PLAZA. Dl~VEI.OPl'ENT ORDER. Mayor Fore: We're or. Item 01 which is the amendment of the Miami Center 11 Dupor_t Pl^z:a Project. Mr. Sergio Rodriguez: Mr. Mayor. Item #1 is in relation to an amendment: to the Development Order for Miami Center II for a time extension. By Resolution 84-527 the City Commission extended the Development Order last time to July 26th. This time will expire and it is to the advantage of the City to extend the Development Order a period of time, this item went before the Planning Advisory Board. The Planning Advisory Board recommended that the time be extended for 90 days. The administration recommends that the time be extended for 65 days to September 27th to allow proper time for advertisement for this item to be discussed. Mr. Plummer: Let's hear the report we asked for from the City Ma^alter. We asked for a full report. As I recall, the Mayor got very staunch in his request of you and demands that you take very strong affirmative action to the extent, if necessary, to engage into a lawsuit. And you were to report back at this meeting as to what you found even to the point of removing the Certificate of Occupancy, as I recall. That was even that point. Do I recall... Mayor Ferre: Mr. Plummer, I reed, for the record, so that we don't end up getting into legal deep water, correct your statement. You're talking about two meetings ago. At the last Commission. Meeting I clarified the record by stating that I clearly understood there was no relationship between. Phase I and Phase II and that the Certificate of occupancy 1. that we weren't threatening to pull a certificate or the basis of a separate matter, that these were totally t unrelated matters, that they each stood on their own merits, that if Mr. Gould and his associates had not properly lived up to their agreements on Phase I that that was the basis for the Certificate of Occupancy and that stood on its own two feet and that if the Manager recommended that we pursue that then, we pursue it in that way. The secerd matter deals with the ramps and the right-of-ways that are to be dedicated by the owners of those lots for the purposes of j advancing $20,000,000 of Federal funds that are earmarked in this year's appropriations so that the Department of Transportation in the State of Florida can proceed with the design and construction of both ramps. i —a Mr. Plummer: Yes, sir. I still ask the Manager, before we j discuss Item 1, that you give us the report that was ' requested of you today prior to, just as a general discussion. It was my ur_derstardirg that there were some -� very serious overtones to the Mayor's comments. I was happy to hear them and I'll be happy to hear your report. Mr. Gary: First of all,: Commissioner Plummer, we did take a strong position but we agreed, I rut=an we took a stronger position at the last meeting but we agreed that for the sake of proceeding with this project on a timely basis that this City Coiuruission directed me ard the City Attorney to meet with Mr. Gould which we did. We ruet with Mr. Gould and his attorney on Monday. The meeting was limited to just the four people and Mr. Gould expressed his concern. .with regard to the increased amount of land that was being taken for the right-of-way and that this was different than what he had RT 19 7/12/84 1 0 agreed upon, plus he had some otl.ar concerns with regard to the ramp coming down and taking up too much of his commercial space beyond S.F. 3rd AvcnraA. Tt wAs very difficult for us to tome to ny conclusion for the mere fact that the mppt:i:r!g "a:-, Limited to jrist the four of 'is and we agreed that rae would have arot.her meeting next Tunsdny which would include nyse,l.f and the City Attorney as wel..l, a^ Mr. Goodkr.ight and other members of my staff because obviously you can't cone to any conclusion without all the parties being, there. So we have not concluded our negotiations, for lack of a getter cord, with Mr. Gould which would be continued on Tuesday. Mr. Plummer: That speaks to the item or the agenda, row speak to the other item. Mr. Gary: The other item is a legal issue in terms of how we can proceed and I have to turn, that over to the City Attorney. Mr. Plummer: it was my understanding from you, Mr. Manager, that temporary CO's that he presently enjoys were to do and run out today. Is that correct? Mr. Gary: If I recall, July 17th. Mr. Gould will be treated like anybody else, if Mr. Gould has not, complied with the requirements of the Building, Code then. Mr. Gould will rot reap the benefits that anybody else would reap if they do comply. The bottom line is he has to comply with certain. requirements, Commissioner Plummer, and we require that he would do that, we will insist that he do that. Mr. Plummer: My question has to be, of course, then, has he complied? Mr. Gary: He has complied with some of the requirements, there are some differences of opinion on other requirements which will be resolved at Tuesday's meeting. Mayor Ferre: Okay, so what is our next move here? Mr. Plummer: Mr. Mayor, I'm ready to vote or. Item 1 but not until October. I think we ought to put it off until the 31st of July. Mayor Ferre: You can't do that, J. L. Mr. Plummer: Why can't you? Mr. Gary: It runs out. Mr. Plummer: We meet again or. the 31st of July. We extend it until our next meeting. Mayor Ferre: When does it run out? Mr. Rodriguez: The development order will expire July 26th. Mr. Plummer: I understand that, so we expand it until the 31st of July. Mayor Ferre: Commissioner Plummer moves... Mr. Manager, what is it you're recommending in this? Mr. Rodriguez: The recommendation that the administration is making is that the development order is extended until September 29th and that we have a public hearing in which we will discuss all the amendments to that development order for September 25th. RT 20 7/12/84 Mr. Plummer: I make a motion that we extend the order until the 31st of ,July. We can re -extend at that time. Mayor Ferre: You can't do tiIat �?reatjs c Vol) don't have enough ndverti s i.ng period, Mr. Plummer: No. the 60 day adverti_scmert is only to the initial order, not an cxtcnsi.on� Mayor Ferre: Be scare you're right; legally or: that. Mr. Garcia -Pedrosa? Mr. Plummer: He left that chapter at home. Mr. Garcia -Pedrosa: Commissioner, let me explain it to you this way. I understand your concern, and I think the Manager has expressed to you as well that the pressure be kept on. I would strongly recommend that you give your Manager some leeway so that he can work the problem out of the situation in which it sits today and that is that unless that dedication is made and the Phase II problems are resolved, the City then is in the position_ of either losing the funding or, as I understand it, expending an initial amount of some 6 to $7,000,000 for the eminent domain deposit that would be required. x Mr. Plummer: Mr. Pedrosa, we understand that, sir. We're asking you for a legal opinion as to the days numbered of advertising. Mr. Garcia -Pedrosa: It is 60 days. Mr. Plummer: On an extension or is that on the original order? I will refer you back, sir, that he is presently on an extension that got less than two weeks of advertising. -� Then if what you're telling me 60 days is required, this extension that he is presently on is valid and it is void. _ This extension that he presently is enjoying.... Mr. Garcia -Pedrosa: No, we advertised this extension_. _I Mr. Plummer: Not 60 days in advance, you didn't, sir. I'm telling you that the record will reflect that this extension. that he has until the 27th of this month was not advertised 60 days in advance and if that is your ruling, sir, this extension is null and void. _i Mr. Garcia -Pedrosa: Let me sug gest this then., Commissioner. r j Mr. Plummer: Still, Mr. Pedrosa, a simple answer is what is the law requirement as to the number of days of advertising because I've got you either way. ! Mr. Garcia -Pedrosa: Okay. I reed Chapter 380. Let me make a phone call and we come back to this item in a few minutes. Mr. Plummer: That's fine, sir. Mr. Dawkins: Lucia, you'd better come up here, you may have to defend this. Mr. Plummer: No, and I'm going to also remind the Mayor that anything of controversy will not be discussed today and I'm going to make it damned controversial. Mayor Ferre: J. L., the only thing that I would advise, as your colleague and as a member of this Commission, is that we be very careful rot to in any gray cut our nose to spite our face. And I think we reed to be very careful how we proceed. I personally, this is an advertised matter that RT 21 7/12/84 9 this Commission properly advertised which is the reason why we're here. If it weren't for this item, we wouldn't even be meeting. Mr. Plummer: 'that's not true, but. I'm riot, go .ng to go into an argument, The reason we're here is we had nn. advertised public hearing for the Latir_ Quarter and we're deferring that over, Mayor Ferre: I would thirk that we should move very cautiously in this matter. I for one am certainly going to guide myself by the recommendations of the City Attorney and the City Manager. I mean this is a very delicate legal area that we're in and we've got to be very careful. I don't frankly think it means any difference. Right now, Gould is in the hands of his creditors. And his creditors are the ones that will decide one way or the other, It seems to me, I mean_ as you know, he is in default and if they wart to they would start proceedings. I'm not saying anything that isn't public knowledge, that has been in the newspapers. It seems to me that the pressure that you're talking about putting on Mr. Gould is just as much on him. Whether the sword of Domocles cones down on the 31st of July or it comes down or. the 4th of September... What day is it you wart? Mr. Plummer: October. Mayor Ferre: Well, make it September then.. Mr. Plummer: According to the City Attorney, you car -It do that. Mayor Ferre: Well, then follow his advice, J. L. What is it you want, Mr. City Attorney? Mr. Plummer: They're saying 60 days mandatory and advance advertising. I hope that is true. Mayor Ferre: Well, that's his problem if it is or it isn't because we've got to live with it. Mr. Plummer: Mr. Mayor, I think that we have to once again be very careful in separating that in which he is in the hands of his creditors, it is my understanding is not on the item before us. It is on the place that is already built and we are not discussing today. Mayor Ferre: His creditors, I think these properties are tied so I would imagine that... Mr. Plummer: Thank you, sir, I'm glad to hear that. Mayor Ferre: Well, what is your recommendation, Mr. City Attorney? Mr. Garcia -Pedrosa: Commissioner Plummer warted me to look up Chapter 380 and I asked him for a few minutes so we can get it because I don't have it here, Mr. Mayor, Mr. Plummer: At the same: time you're doing that, Mr. City Attorney, I would ask the Clerk to please call City Hall and get exactly tow many days prior to this extension that we're presently on, it was advertised in the paper. Mayor Ferre: All right, while you're doing all of that we'll go to Itetu 2 and maybe we car get some of these other items behind us. Mr. Plummer: We might be arguing about nothing. If this extension is null and void by the City Attorrey's rulirg, then it is all over. RT 22 7/12/84 Mayor Ferre: I understand. 14. ALLOCATF F11NDING NOT TO EXCEED $15,000 TO PROVIDE FOR PURCHAS F OF UNIFORMS AND F;QUTPMENT FOR 18 SCHOOL CROSST"G GIJARD 3 ------------------------------------------------------------ Mayor Ferro: Item #2 allocate^, the funding not to exceed $15,000 to purchase necessary uniforms and equipment... Mr. Carollo: Mr. Mayor, I move this item because I was the first to bring this request up before the Commission_ months back. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 84-757 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO PURCHASE NECESSARY UNIFORMS AND EQUIPMENT AND TO COVER PERSONNEL COSTS DURING A 40-HOUR TRAINING COURSE AND THE SEPTEMBER, 1984 STAFFING SCHEDULE FOR 18 SCHOOL CROSSING . GUARDS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS FOR THESE UNIFORMS AND EQUIPMENT, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. (Here follows body of resolution., omitted here and or file in. the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. 15. ACCEPT PROPOSAL - REAL ESTATE RESEARCH CORPORATION AND LEONARD A. BISZ, APPRAISERS FOR ESTABLISHING THE VALUE OF LAND 014 FOUR SQUARE BLOCKS OF PROPERTY, N.V. 10TH STREET, 1 N.U. 1ST AVENUE, H.V1. 7TH STREET, 1110FITH MIAMI AVENUE, K.E. 1ST AVE14UE, AS FURTHER DESCRIBED 1H THE RESOLUTIOR. Mayor Ferre: We're now on Item #3. Mr. Plummer: Question of the Manager. Mr. Manager, unless you tell me tiiat your hard for time or this item I would rather throw thetu out and go back out to a rebid. Where one bid is $13,000 and the other one is exactly three times that amount... RT 23 7/12/84 Mr. Gary: We reed it. Mr. Dawkins: A little discussion. Tell me, it says plus expert witness fee of $150.00 per hour. How many witnesses are we going to limit them to and how many hours? Because if we don't. I don't. know how reach money we're voting on.. Mr. Gary: That's if we gave to go to court. Mr. Dawkins: It; doesn't say that. Mr. Gary: I think it does, let ran find that for you. Mr. Dawkins: It doesn't say if we go to court, it says they can call an expert witness in at any time according to this. Mr. Garv: Plus $150 an hour for court appearance time. That is if they have to go to court, Commissioner Dawkins, if it is taken to court. Mr. Dawkins: Okay, I still say give me a figure to work with. Mr. G6- y. %--11, it all depend" or the court. I mean, if the judge sits for 5 days they've got to be there 5 days for testimony to argue the City's case. 3 Mr. Dawkins: Go right ahead, Mr. Mayor. Mayor Ferre: Is the $39,000 for Estate Research Corporation. appraisal? Mr. Gary: Yes, sir. Mayor Ferre: Mr. Manager, just for the record because obviously this is important, and I think Plummer is asking 1 an important question.. Why would one fee be 3 times the other, Mr. Bailey? Why is one appraiser wanting to charge 3 times what the other appraiser is charging? Mr. Herbert Bailey: There is a difference in the appraisal, Mr. Mayor. Mayor Ferre: Explain that on the record. Mr. Bailey: The properties that are being appraised are 3 blocks in. Park West which are comprised primarily of commercial properties with machinery and it requires a different type of expertise. Mayor Ferre: So it's not apples and apples, this is a different property. Mr. Bailey: Yes. Mr. Dawkins: Run that by me one more time. _ Mr. Bailey: Three blocks of properties are included in the Park best side that are comprised of commercial properties and machinery and equipment. That is a different type of appraisal, different type of certifications. Mayor Ferre: Mr. Manager, the administration is satisfied that these are reasonable figures for these appraisals? Mr. Gary: Yes, sir. Mayor Ferre: All right, further discussion., call the roll. RT 24 7/12/84 0 0 The following resolution was introduced by Commissioner Plummer, who moved its adoption.: RESOLUTION NO. 84 -758 A RESOLUTION ACCEPT:�.NG THE PROPOSALS OF REAL ESTATE RESEARCH CORPORATION AND LEONARD A. PIS79 MAI APPRAISERS, FOR A FEE OF $39,000.00 AND $12,950.00 RESPECTIVELY, PLUS EXPERT WTTNESS FEES OF $150-00 PER HOUR TO APPRAISE FOR THE PURPOSE OF ESTABLISHING FAIR MARKET VALUE 4 SgUARE BLOCKS OF PROPERTY AND A PORTION OF A FIFTH BLOCK AND THE IMPROVEMENTS THEREON, SAID PROPERTY LEGALLY DESCRIBED AS BLOCKS 211N, 25N, 37N, 44N, AND LOTS 1 THROUGH 3, LESS THE N 10' AND LESS E 10' OF LOT 1 FOR ROW, AND LOTS 19 AND 20 OF BLOCK 43N, ALL IN A. L. KNOWLTON SUBDIVISION, AS RECORDED IN PLAT BOOK B AT PAGE 41; BOUNDED ON THE NORTH BY NW 10 STREET; WEST BY NW 1 AVENUE; SOUTH BY NW 7 STREET; EAST BY NORTH MIAMI AVENUE AND NE 1 AVENUE; FUNDS COVERING THE COST OF THE APPRAISALS ARE PROVIDED FROM SALE OF HOUSING BOND FUNDS AND A HOUSING AND URBAN DEVELOPMENT SECTION LOAN. (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 Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Mr. Dawkins: Mr. Gary, I wart to go on record. Me and your Park West/Overtown Project got problems and if we don't iron them out before we get to the Commission. Meeting, from now or. I'll be deferring everything that I've got a problem with until it is cleared up. I want to go on record now of telling you and }fir. Bailey I've got a hell of a lot of problems with your Park driest/Overtowr. Project. Okay? 16. AUTHORIZE CITY MANAGER TO ENTER IUTO AH AGREEMENT - SARAH E. E&TO11, COHSULYAHT, CITY OF 14IAMIIS HERITAGE CONSERVATIOU PROJECT. Mayor Ferre: We're or. Item 4. Mr. Manager, do you want to briefly explain that? Mr. Sergio Rodriguez: Yes, sir, the recommendation of the administration is that we enter into an agreement with Miss Eaton as we have in the past as our Heritage Conservation efforts that we have had as a consultant and the request is for $30,000 from Community Development Block Grants. RT 25 7/12/84 0 0 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RE SOLUTION NO. 84-759 A RESOLUTION AUTH ORTZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SARAH E. EATON, FOR SERVICES AS A CONSULTANT, IN CONNECTION WITH THE CITY OF MIAMI'S HERITAGE CONSERVATION PROJECT, WITH FUNDS THEREFORE, TO BE EXPENDED FROM 10TH YEAR C.D. (Here follows body of resolution, omitted here ind on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Norse. ABSENT: Vice -Mayor Demetrio Perez, Jr. 17. EMERGENCY ORDINANCE - MEND CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE; INCREASE APPROPRIATIONS FOR ORANGE BOWL ENTERPRISE STADIUM TWO PER CENT RESORT TAX TO COMPLETE IMPROVEMENTS TO THE FIELD LIGHTING SYSTEM. --- -------------------------------------------- 11-- ---------- Mayor Ferre: Item 5. This is an ordinance. Mr. Plummer: Move that with pleasure, and I wart to praise Cesar Odio for going down there and fighting for it. It is unfortunate we have to fight for it, but I wart to congratulate him for doing it. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9534, ADOPTED DECEMBER 9, 1982, THE EXISTING CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, AS AMENDED, BY INCREASING APPROPRIATIONS IN THE ORANGE BOWL STADIUM ENTERPRISE FUND FROM ANTICIPATED RESORT TAX. REVENUES IN AN AMOUNT OF $549,700, TO COMPLETE THE IMPROVEMENTS TO THE FIELD LIGHTING SYSTEM AT A COST OF $464,700 AND TO BEGIN A SEAT MODERNIZATION PROGRAM AT A COST OF $85,000 FOR THE INITIAL ORDER OF SEATS AT THE ORANGE BOWL STADIUM PRIOR TO THE 1984 FOOTBALL SEASON; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as at, emergency measure and dispersing with the requirement of reading same on two separate days, which was agreed to by the following vote- RT 26 7/12/84 11 AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None, ABSENT: Vase --Mayor Demetrio Perez, Jr. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote -- AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer , Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9863. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 18. REAPPOINT THREE MEMBERS TO THE PRIVATE IrIDUSTRY COUNCIL OF SOUTH FLORIDA (PIC). Mayor Ferre: We're now on Item #6 which is reappointing 3 members of the PIC of South Florida and the reappointment of the people we previously moved which was Jorge de Tuya, Joseph Middlebrooks and Dr. Eduardo Padron. Is there a motion.? Mr. Dawkins: Move. Mayor Ferre: Is there a second? Is there a second? Plummer, come on., let's go. Mr. Plummer: Second. Mayor Ferre: Further discussion.? All right, I wart to say, well, let's vote on it and then. I wart to make a statement. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 84-760 A RESOLUTION REAPPOINTING THREE (3) MEMBERS OF THE PRIVATE INIDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA FOR THE PERIOD JULY 1, 1984 `1.0 JUNE 30, 1986. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- RT 27 7/12/84 AYES: Commissioner ,toe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mavor tisurion- A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Mayor Ferre: Mr. Manager, the PIC Consortium or whatever it is called, as I understand it, has ... How many members does it have in total? Mr. Gary: 49. Mr. Plummer: And a Chairman.? Mr. Gary: 49. Mayor Ferre: And we appoint 39 is that it? Mr. Gary: No, we've got more than. 3, Mr. Mayor. Mayor Ferre: How many people do we appoint out of the 49? Mr. Gary: 10. Mayor Ferre: Who are the other 77 Does anybody have that? Mr. Gary: I think we have it here. Mayor Ferre: Who are the people that we appoint? I'd like to know. In other words Joseph Middlebrooks, Tuya, Padror_... The Greater Miami Chamber of Commerce, how many do they appoint? See, I see more than 50 names here - this is the thing that confuses me: Latin Chamber of Commerce. Is somebody looking up the answer to my question? Mr. Manager, does the PIC Consortium include Monroe County? Mr. Gary: We have Julio Castaflo - that's Hialeah, I'm sorry. Gallogly from the City of Miami. There are 7 others, Mr. Mayor, I'm trying to find their names. Mayor Ferre: Charlotte, do you remember who is on the PIC Consortium representing the City? Ms. Charlotte Gallogly: No, I was appointed by Metropolitan. Dade County as a member of the Private Industry Council. Mayor Ferre: Who appointed? Ms. Gallogly: I'm not sure which Commissioner named me. Mayor Ferre: Are you on the PIC? Ms. Gallogly: Yes, I are. Mayor Ferre: blow many members are there on the PIC Commission, or whatever it is called? Ms. Gallogly: Approximately 45 to 50, I'm not sure. Mayor Ferre: Does that include Monroe County? Ms. Gallogly: Yes, it does. Mr. Gary: Hialeah, Miami Beach. Mayor Ferre: Well how could we have 9 people then.? And why does this list have 145 names or. it? See, for example, I RT 28 7/12/84 E see here Florida Industry Council of the Florida Keys: Edward Topiro, Mora Chase, Kenneth Meeks, are they all or it? Ms. Gallogly: Fdwsrd Topi.ro In snd. .. Mayor Ferre: But I see 145 name^... Oh, I see, Okay. And again, my question, Mr. tiara ,,per, who Is it that we appoir_t? Mr. Gary: -There are 10, Mr. tiayor, I don't have the other 7 names. Mayor Ferre; Well, let me tell you wily l want to know. Would you, I understand that there has not been, :somebody made a statement to me that there has rot beer ore black organization in any PIC.... Mr. Plummer: The only black organization on there- is HACAD. Mayor Ferre: And the black community has not received any.. Mr. Plummer: The only black on there is HACAD for funding. They knocked out JESCA, they knocked out Tacolcy... Mayor :;:,c: Mr. Manager, is this what is left of the consortium, this is the new Reagan administration's approach to... Mr. Gary: This is the new administration. policy, Mr. Mayor. There are two bodies that make up decisions with regard to job trair.irg funding. One is the traditional consortium which is made up of the 5 governmental entities which Miami sits or but then we have a PIC Board, Mr. Mayor, which is a separate entity which comprises of 10 members from us and we get people from throughout the business community within. Dade and Monroe county. Basically, the way it works, Mr. Mayor, is that PIC, according to the new regulations pretty much has authority ever_ though we have come up with an agreement that allows us both to share it. They basically have the authority under the intent of the new administration to make ultimate decisions with regard to who gets what. Mayor Ferre: The point I'm trying to make to you, Mr. Manager, is that I have heard, and I wart it confirmed or rot, that not one black orgar_izatior^ ► —mi-A any funding this year at a].1. I just don't understand... Mr. Gary: That's not a fact, Mr. Mayor. Mayor Ferre: Well, that's why I warted to ask you so that you would verify. [could you or. the 30th, Mr. Manager, give us a report as to what has gotten. what? And I would like to know what, Mr. Manager, I don't care what happened in Monroe County or Hialeah, that's their problem. I want to know within the City of Miami, I want to know who got what and if it is true that I have heard that JESCA and the other black based organizations received absolutely nothing. Mr. Plummer: They were cut. They had beer receivir_g it. Mr. Gary: Well, Mr. Mayor, what ... Let we make just two comments. The first is that there are different programs. They may not have gotten money under ore program but they have gotten money under other- programs and we'll hake that distinction for you. The second thing is I have heard those same comments and I have asked Ms. Joelle Faro to include this on the agenda of the consortium which will be next week. HT 29 7/12/84 0 0 Mayor Ferre: Mr. Manager, we appoint certain members to the PIC Board, as I understand it, is that correct? Mr. Gary: Correct. Mayor Ferre: They represent me and Dawkins .and Plummer. Okay, and we're just reappointing, wc� just voted to appoint Tuya, Fadron and Middlebrooks. Now, 1 want to know who else we have appointed and theft I. want t:hnm to core here and stand before me and tell. rye... you know, I would like to know what it is they have given to who in the City of Miami and if it is truce that PIC -., I don't card about the other thing PIC has not given anything to any black based organizations, and, in fact, out those few that were In there like JESCA down to nothing. I want to know if that happened. And if it dial, I want to know why and then I want Joe Middlebrooks, and I would lake Mr. do Tuya and Mr. Padron to come here and c-;,,plain 4o me, if they did vote that way why they voted that way. I near I would like to know why, if it is true - I'm not saying it is because I'm just getting rumors. Do you want to say something to this? UNIDENTIFIED SPEAKER: I work for youth Coop, Mir and PIC cut $200,000 from our budget in one program and in another ore abouT, $ i8u,000 and we are an agency who serves City of Miami and we work here and we try to help our community. Mayor Ferre: Well, I wart to find out why you got cut. I want to find out why the City of Miami based organizations got cut, black or white. Mr. Gary: Mr. Mayor, we will respond to that but I also wart you to know that the administration's allocation for this area was less also. Mayor Ferre: Okay, Mr. Manager, would you then have the administration_ bring a report. NOTE FOR THE RECORD: AGENDA ITEM 7 WAS CONTINUED TO THE MEETING OF JULY 30TH. --==---------------------------- ---- --------------------- 19. EMERGENCY ORDINANCE: AUTHORIZE SUBJECT TO ELECTION $35,000,000 IN PARK AND RECREATION FACILITIES BOLDS FUNDS AND REPEALING ORDINAHCES PREVIOUSLY PASSED; ALSO PASSAGE OF FIRST READING ORDINANCE CALLING FOR THE ELECTION OF THE PARKS BONDS TO NOW TAKE PLACE IN NOVEMBER. ----------------------------_------------------------------- Mayor Ferre: Mr. City Attorney, on Item No. 8, didn't you tell me recently that we aren't going to be able to put that on the election.? Mr. Garcia -Pedrosa: That's right, Mr. Mayor, because of the provision of State law that you can't repeat the bonds fewer than. 6 months apart. Mayor Ferre: So what are you recommending that we do with 8? Mr. Garcia -Pedrosa: Well, you have it on as a discussion item, you actually Have two ordiances or 8. If you're going to vote on them, what 1 would first recommend that you do is that you pass an eruergency ordinance repealing the prior second reading of this bon-d issue and in essence start over again.. But you have these on, as I said, only as a discussion item today. RT 30 7/12/84 [A 11 Mayor Ferre: Mr. City Attorney, the question again to you is legally what must we do to stay within the law, since obviously we cannot put this on the ballot as we had previously wanted in September? So what you're telling me is that it munt the on the t p1lot_ Mr. Garcia -Pedrosa: in Novrmbcr. Mayor Ferre: you s1^o told me that it carrot be on the ballot in October. Mr. Garcia -Pedrosa: Right, because of the 45 days. Mayor Ferre: So are you telling me that if we want to get it or the ballot in November we've got to vote or it today? Mr. Garcia -Pedrosa: No, you don't have to do first reading today. Mayor Ferre: Well, -?hat is it we have to do today? Mr. Garcia -Pedrosa: What I would recommend that you do, you don't have to do it. First of all, expand the agenda for the c-11 of the meeting to include the following three ordinances: (1) an emergency ordinar_ce repealing in their entirety ordinances 9836 and 9837 which were the previous ordinances for the bord issue. (2) What you now have as the first part of Item No. 8 which is the First Reading of the new Bond ordinance and {3} what you have is the second part of Item No. 8 which is the First Reading of the ordinance calling the election for November 6th. Mayor Ferre: Okay, would that all be both of them on First Reading? Mr. Garcia -Pedrosa: Well, yes, sir, except that the Emergency Ordinance, of course, would be first and second roll call. Mayor Ferre: Do you have that Emergency Ordinance repealing in front of us? Mr. Garcia -Pedrosa: Yes, sir, I do, and you should all have it. Mayor Ferre: Would you pass it so that we can be legal about this? Okay, thank you. All right, are we ready to vote on this thing row? Let the record reflect that this ordinance is properly before us and that members of the Commission have a copy and that any member of the public that wishes to has this ordinance here. Mr. Garcia -Pedrosa: And let the record reflect, Mr. Mayor, that you have expanded the call to include these three items. Mayor Ferre: Let the record reflect that under the power granted me in the Charter of the City of Miami, that I am expanding this meeting to include the repeal of 9836 and 9837 as an emergency item. Is there a motion to that effect? RT 31 7/12/84 qi. a f 0 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE REPEALING IN THEIR ENTIRETY ORDINANCE NO. 9836 .AND ORDINANCE NO. 9837, ADOPTED MAY 24, 1984, WHICH AUTHORIZED THE. ISSUANCE OF $35,000,000 PARK A14D RECREATION FACILITIES BONDS AND 14HICH PROVIDED FOR THE HOLDING OF AN ELECTION ON SEPTEMBER 4, 1984 WITH RESPECT TO THE ISSUANCE OF SUCH BONDS, RESPECTIVELY. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins, for adoption as an emergency measure and dispensing with the requirement of reading same or two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Whereupon the Commission on motior. of Commissioner Plummer and seconded by Commissioner Dawkins, adopted said ordinance by the following vote' AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9864. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: Now, we have before us properly, is that right? The first portion of Section_ 8 on First Reading which would be a new bond issue to be approved. Is there a motion? This authorizes the issuance, subject to the election hereof, providing for $35,000,000 of Park and Recreation facilities for the purpose of paying the cost of acquiring, constructing, and developing and so on. Is there a motior. now? Mr. Plummer: First Reading, I'm going to move it, Mr. Mayor, but I'm going to remind the Manager that before he expects a Second (leading tie demanded to know where every dollar was going to go and we still have not received that. But for mechanical purposes I will move it. Mayor Ferre: Are we set row? Miller, are you all set? Mr. Dawkins: I'm not seconding it. Mayor Ferre: I'll record it for the purposes of getting a vote or the record. Kr. Manager, I dor't know whether you've got three votes, but you'd better explz)in why you wart to do it. No, this is item 8. It deals with a $35,000,000 Parks Bond Issue. Let me remind you where we RT 32 7/12/84 OM are. We were going to have this e1_Qeti.on in September. The reason_ we're rot havirg this eleetion in September is because we orl_y found out recFrf:1_y tt1it; t.hre is a law the State of Florida that: sav:? yot) (-,nn ot. rnvl, lit; ar issue for 6 months. Oa)r City A _Aorr f--v hAs, t;hcrrf ore, ruled that We carrot have this e1_cet:ion, i_r S-ptea« hrr . it must be in. November, 'ghat wn have j>>st doter is rescirdnd the, previous motion which called for ar a.l]_ega1., elect ion- it September. That in pore, so a1.1 we're doing now is putti.rg it on the ballot it November. This is on First Pesding so that we can comply with the procedures and the law. Mr. Gary: Mr. Mayor, I thought this item was a foregore conclusion because have voted on this about four or five times. Mayor Ferre: No. Howard, see, we did vote on it four or five times and everything was fire until Garcia -Pedrosa said, I found something which we didn't realize existed. Mr. Gary: he voted on the concept that we reed this work done in the parks and everybody agreed to it. Mayor Ferre: Sure. The problem is that Garcia -Pedrosa found a law that we didr_'t know existed and it says you can't have the election. it September. Mr. Gary: But now we don't want the November. Mayor Ferre: I'm all for it, you've got my vote and you've got Plummer's vote I think. Mr. Dawkins: You know, it is amazing how people read my and Joe's minds. I don't plan to vote no but I plan to tell you, Mr. Gary, that if you do not show me before November, and that is during the budget hearings how you plan to manage and man these parks and have people in place to help deliver the services that you wart the people out there in Miami to vote on I will be working hard as hell to defeat this bond issue because you do not have enough people in the parks now and you want us to give you more money to expand the facilities and make better facilities, but yet, I don't see ary place where you have any personnel to help assist people to have these facilities. So that is going to be my problem when it comes up for you for the budget hearing. If you do not show me in the budget that you are going to present that you have more than one person in every park and show me that there will be structured recreational activities with a person to direct it then I can't vote for it. Mr. Plummer: Did I hear you say you were going to vote affirmatively after those remarks? Mr. Dawkins: No, I'm going to vote affirmatively now and in the negative after these remarks. RT 33 7/12/84 0 AN ORDINANCE ENTITLED - AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION HEREIN PROVIDED FOR t35,000,000 'ARK AND RECREATION FACILITIES BONDS OF THE CITY OF MIAMI, FLORIDA. FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING, CONSTRUCTING, DEVELOPING, EXTENDINGe ENLARGING AND IMPROVING PUBLIC PARK A.NI3 RECREATION FACILITIES IN THE CITY OF HIAMI, INCLUDING FACILITIES PROPERLY APPURTENANT THERETO, THE ACQUISITION AND THE IMPROVEMENT AND FILLING, OF LAND FOR SUCH PURPOSES AND THE ACQUISITION OF EQUIPMENT THERFOR; PROVIDING FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO PAY SUCH BONDS. Was introduced by Commissioner Plummer and seconded by Mayor Ferre and passed on its first reading by title by the following vote - AYES: Commissioner Miller J. Dawkins* Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: Vice -Mayor Demetrio Perez, Jr. The City Attorney read the ordir.arce into the public record and stated that copies had beer furnished to the City Commission and that copies were available to the public. ON ROLL CALL: Mr. Dawkins: I vote yes and I'm letting everyone know that if the people are not in place to mar. these parks and provide the services with these parks then_ I will be voting no . Mayor Ferre: We're now on the second ordinance providing for the holding of an. election.. AN ORDINANCE ENTITLED - AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON NOVEMBER 6, 1984, KITH RESPECT TO THE ISSUANCE OF $35,000,000 FOR PARK AND RECREATION FACILITIES BONDS. Was introduced by Commissioner Plummer and seconded by Mayor Ferre and was passed on its first reading by title by the following vote_ AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: Vice-Playor Demetrio Perez, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. RT 34 7/12/84 - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - 20. AUTHORIZATION OF RFPIS IN CONNECTION WITH STREET CLOCK ADVERTISING WITH CONDITIONS Mayor Ferre: We're on iterm P9. Mr. Hnnnger, and 1 saw Al Cardenas walking around. Is be, here? Mr. Cardenas, please step forward. As I understand it, the problem here was that there is a law that, in effect, prohibits the City from putting up advertisirg on clocks. In that correct? Now, Mr. Cardenas says he has clients that want to do this like they do it in Europe and in Japan and in other parts of the world. The problem is that Mr. Cardenas says that he certainly doesn't want to put a tremendous amount of effort and work, his clients don't, and then find out that they are not the successful bidders. So, after discussing it with Mr. Cardenas, I said, very simply, what we can do is instruct the Manager to proceed with an RFP, if that. is the will of this Commission, select a bidder and give them one year to go up and get the law changed in Tallahassee and if they can't get the law changed that's the end of it. That solves ttc problem as I see it, if that is the will of this Commission. Mr. Dawkins: And, Mr. Cardenas, his clients are willing to go ahead and spend, he says he doesn't want to spend any money. It is going to take money to go to Tallahassee so they're willing to spend that? Mayor Ferre: That's his problem. Mr. Dawkins: Well, he just said he wasn't going to spend any money. Mayor Ferre: Sergio, do you want to expand or add or charge? Mr. Rodriguez: The only concerr. I have for what you're saying is that we cannot recommend in the RFP that you put signs on the right-of-way because it is against the law. So in the RFP we're saying that you have to comply with all the local laws. In the RFP we cannot recommend that they put signs on the right-of-way because it is not legal. So we have to say in our RFP that the applicauitab Lio comply with all the local laws and the local laws prohibit them from doing it. Mayor Ferre: Of course, they have to go to the expense of getting the law changed. Now, if they get the law changed then they've got a valid contract. That is their problem. Mr. Plummer: Wait a minute. Flow do you put out a request for proposals that is something against the law? Mayor Ferre; Mr. Cardenas, do you want to explain that? Mr. Al Cardenas: Yes, I believe, Mr. Plummer, that we dealt with the issue. with the City Attorney when we met on this last time in March. At the time that you requested that the RFP be prepared, the question was asked of the City Attorney whether it would be lawful. to do so, assuming were not at this time in keeping with laws and regulations from other entities such as the State of Florida, and the answer at that time was that the RFP, indeed, could be issued and responded to, assuming that the proper caviats were set forth in the request for proposals. And 1 thought at that time the City Attorney felt comfortable that that caviat RT 35 7/12/84 protected the City since all we were doing was responding to sr invitation as to what we proposed to do and there was the contingency set forth from the very first; step of the process that we would not: enter into a eont-ract+; re1.aS;i.onship until such time as all the l.eF,al.i_t:ieS acre covered. That Was MY understarding of the or©cedrare r4h1.(7h we mere to follow. Mr. Plummer: No, you don't need to do that.. ?hut hoer do we put a disclaimer in an RFP that we don't reimburse you for your moneys and time and efforts sport to make a proposal if the law isn't changed? Mr. Cardenas: Well, I think a paragraph or two disclaimer would be appropriate, and as a matter of fact, I think you ought to include in such RFP that the City will not enter into any contract with any applicant who is successful Jr. its endeavours in answering the RFP until and unless such time all laws that we know of, and applicable rules and regulations can be demonstrated and be complied with. Mr. Dawkins: Who will pay, Mr. Cardenas, for the preparation of an illegal RFP that the City has to put out? Mr. P'_=mcr: Let me ask this question. Wouldn't we be smarter to put out and ask an RFP for proposal for street clocks and let them all come back with their proposals without any.... The law says you can't put street clocks with advertising. So that I'm saying is that the City is desirous of having street clocks -- use imaginative proposals and come back to this City. Mayor Ferre: Who is going to put up street clocks if they can't advertise? Mr. Plummer: I didn't say advertising in the RFP. Mayor Ferre: But J. L., you're talking about going out and spending a couple million. dollars. Mr. Plummer: Fire, they do that in their proposal. We have created no liability to break the law. We don't say anything about advertising. Mayor Ferre: Look, Mr. City Attorney, would you help me word the resolution? Because I wart to offer it and get the ball rolling. We have been sitting on this for three years row. Do you understand what my intention. is? If there is no consensus here then we had might as well forget about it and not waste anymore time. Mr. Garcia -Pedrosa: You wart to authorize the Manager to issue an RFP with that proviso that you indicated? Mayor Ferre: Yes, I have no problems it saying the burden is on you, Mr. Manager, you pick a company that you think is appropriate, recommend it to the Commission, the Corrlmission votes on it and whoever the winner is has to go and has one year to get the law clarified. And if they don't clarify it then it is their problem, they don't have a contract. Mr. Garcia -Pedrosa: Well, let ►ne answer your question and then let rye ask or.e of my OU'r if I might, Fir. Mayor. I think the way to phraue your resolution is to authorize the issuance of the UP with the specific provi%ion that all proposals, that the UP spell out the prohibition presently contained in State Law and further specify that no proposal, no contract will be entered into and no permits will be issued until and unless the prohibitions of state law, the applicable prohibitions of state law are repealed or amended RT 36 7/12/84 0 ao as to permit the proposal to take place and further providing . , , you want to give them what;, one year? Mayor Ferre: Sere. Mr. Garcia-Pndror-q: Sikh repeal. or anendnert: he made during the 1985 Sennion of the Florida i egi^l.ai:tar^, Mayor Ferre: T so move, Mr. Garcia -Pedrosa: Now wait a minute, The problem I have, Mr. Mayor, I've never seer this RFP until now, I gust got it anal... Oh, you haven't sear_ it either? Mr. Plummer: I haven't scan the RFP. Mr. Rodriguez: We finished typing the RFP just before the meeting. I suggest.... Mayor Ferr c: Well, we're not approving the RFP here, are we? I'm not; approving the RFP, that's not my motion. Mr. Rodriguez: It is a discussion item. Mayor Ferre: This is a motion of intent, it has nothing to do with any RFP. You come back and we'll see the RFP. This is just instructing you, the administration, as to what the Commission wants to do. All we're doing is instructing the administration, in a motion of intent as to how we wart them to structure this and then they obviously have to come back in a formal way. Mr. Dawkins: But they have the RFP in their hands and they've got to include the language that we're discussing before they can put it out. Mr. Gary: If I may, Mr. Mayor... Mayor Ferre: I'm not putting the RFP in. this. All we're _ saying is, Mr. Manager, we're instructing you to get going with this thing and do it in the procedure that has been outlined here in the City Attorr_ey's wording and I so move. The following motion_ was introduced by Mayor Ferre, who moved its adoption.: MOTION NO. 84-761 A MOTION AUTHORIZING THE ISSUANCE OF THE REQUESTS FOR PROPOSAL (R.F.P.'S) IN CONNECTION WITH STREET CLOCK ADVERTISING WITH THE SPECIFIC PROVISION THAT THE R.F.P.'S SPELL OUT THE PROHIBITION PRESENTLY CONTAINED IN STATE LAW; AND FURTHER SPECIFYING THAT NO CONTRACT WILL BE ENTERED INTO A14D NO PERMITS WILL BE ISSUED UNTIL AND UNLESS THE APPLICABLE PROVISIONS OF STATE LAW ARE REPELLED OR AMENDED SO AS TO PERMIT THE PROPOSAL TO TAKE PLACE, Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. RT 37 7/12/84 2- i ABSENT: Vice -Mayor Demetrio Perez, Jr. Mayor Ferre: Do you have a copy of that RFP? Nestor, do we have a copy of the RFP? I want you to read it. 21. RE OLIF '1011 AMERDIRG MIAMI CENTER 11 ]DUPONT T rLAZA. PROJECT DEVELOPHE"IT ORDER DT ADDIMG CONDO z IOM 26 TO EXTEND THE TIME TO BEGIM F'RO'li TWO APED 3FVEKTT—FIVE DATE TO TWO TEA,R3 AND EIGHTY DAYS., ETC - Mr. Sergio Rodriguez: In relation. to Item fl, the last discussion we were having on this from Commissioner Plummer was his intention to extend the development order until July 31st. Ply concern or this, and I would like to hear the legal opinion from the counsel, because the only item that was discussed before the Planning advisory Board or the meeting that they held last creek, only dealt with the time extension that if you extend the time until July 31st the only thing you would be able to discuss that meeting will be the tire extension.. Mr. Plummer: That's all we're discussing anyhow. Mr. Rodriguez: That would limit your ability to amend the development order and ... Mr. Plummer: Let's see what the law says. Mr. Mayor, while we're waiting for the City Attorney to make his ruling, I'd like to ask the Manager. Mr. Manager, wher are we goirg to receive the budget? Mr. Gary: The end of July. Mr. Plummer: I don't krow who to ask this question 'of. What day are we swearing in the new City Attorney? Mayor Ferre: The 315t. Mr. Plummer: Is that at noon.? Mayor Ferre: at the end of the day. Mr. Plummer: Mr. Mayor, it has always beer traditional, as you will recall, that at that meeting we go to lurch and wish the old City Attorney to get his butt out and welcome the new one in and we're going to do that without swearing in the new City Attorney? Mayor Ferre: That's correct. Both City Attorneys have requested that we permit the current City Attorney to finish the agenda items that have been scheduled before the new City Attorney comes in so that there is no question as to who signs what. So the last order of the day will be the swearing in of the new City Attorney. In other words so that there is a very clear cut transition and on August 1st we have a rew City Attorney. Mr. Plummer: Thank you, sir. Mayor Ferre: Now, I do think, Mr. Manager, that we should have a luncheon at ..... All right, then,' Mr. Mar_ager, would you arrange for a proper luncheon, would you make sure that Mr. Jerry Sanford and Janet Reno are also invited and all the ruembers of the legal establishment. Mr. City Attorney, we've been or this now for two hours. Are you ready to give us a ruling, sir? Item 1. RT 38 7/12/84 Mr. Garcia -Pedrosa: Yes, sir. Mr. Mayor, the statute which I row have in front of men and have reviewed and had previously reviewed when thi.G matter came ►gip earlier, is silent on thi; question. When the matter eame up earlier, I indicated to staff that: a it wo►ald be prudent; to follow the 10 day normal pub le hearing type of notire since the statute 1.7 ^iIPT)t otherwise, Mayor Ferre: mould you coma to the point, please? What is your recommendation now? Mr. Garcia -Pedrosa: My recommendation is that you pass the motion_ a3 set forth in Item 1 but that is rot what Commissioner Plummer was asking. Mr. Plummer: Is ny motion out of order deferring it until July 31st? Mr. Garcia -Pedrosa: Yes. Mr. Plummer: It is out of order? Mayor Ferre: Thank you sir... Mr. Plummer: Excuse me. Legally, is it out of order? Mr. Garcia -Pedrosa: Well, it expires July 26th, Commissioner Plummer. Mr. Plummer: Mr. City Attorney, you and I have been friends for a long time and I don't wart to go to battle row. I wart to make a motion that extends this order until the 31st of July, is that in order? Mr. Garcia -Pedrosa: Yes, sir. Mr. Plummer: Mr. Mayor, as before, I make my motion_ to extend it until the 31st of July. It is in order according to the City Attorney. Mr. Rodriguez: I repeat what I said before, that if you extend the development order to July 31st the only item that you can deal with is time extension.. Mr. Plummer: That's all we're dealing with. Mr. Dawkins: What else are we dealing with then., sir? Mr. Rodriguez, what else are we dealing with? Mr. Rodriguez: Well, today we were trying to establish a development order time extension. of September so you can deal... Mayor Ferre: Wait a minute, I'm going to out through this. J. L., with all respects to you, you're a great guy and all of that _ I move the Manager's recommendation on Item 1 - the Manager's and the City Attorney's recommendation. I so move. The preceding notion introduced by Mayor Ferre and seconded by Commissioner Carollo fai led to pass by the following vote -- AYES: Commissioner dot Carollo Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. RT 39 7/12/84 ABSENT: Vice -'Mayor Demetrio Perez, Jr. Mr. Plummer: Let's go home, I move we adjourn.. Mr. Gary: The 31st. Mr. Plummer- : No, I rove we adjourn.. You didn't wart my motion.... No, no, l.ek'A go. Mayor Ferre: I move the previous motion., move that this matter be extended until, the 31st. Mr. Plummer: You can't do it. The following resolution was introduced by Mayor Ferre, who moved its adoption: RESOLUTION NO. 84-762 A RESOLUTION AMENDING THE MIAMI CENTER II DUPONT PLAZA PROJECT DEVELOPMENT ORDER (RESOLUTIONS 81--840, SEPTEMBER 249 1981 ; AND 82--71 , JANUARY 28, 1982 ) BY AMENDING CONDITION 26 TO EXTEND THE TIME WITHIN WHICH SUBSTANTIAL DEVELOPMENT IS TO BEGIN FROM TWO YEARS AND SEVENTY-FIVE DAYS TO TWO YEARS AND EIGHT DAYS OF THE RECORDED DATE OF SAID DEVELOPMENT ORDER, AND FINDING THAT SUCH AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA STATUTES; FURTHER CONTINUING UNTIL JULY 31, 1984 THE PUBLIC HEARING WHICH COMMENCED ON JULY 12, 1984 IN REGARD TO FURTHER AMENDMENTS TO SAID ORDER. Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote; AYES: Commissioner Joe Carollo Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. 22. AUTHORIZING THE CITY MANAGER TO SPEND FROM $7,000 TO $159000 TO ENGAGE THE PROFESSIONAL SERVICES OF A CONSULTAUT COHPANY IN THE FIELD OF RADIO COMMUNICATIONS TO AHALYZE BIDS FOR A NEW 800 KEGAHERTZ RADIO COMMUNICATIONS SYSTEM. Mr. Plummer: (Gap on tape).....the City some money. We have an offer- from the State of Florida Division of Commurications who will offer that service to us free of charge. Mayor Ferre: We accept that, in addition" to,which I move that the Manager be authorized to expend up to $15,000 to get a professional company that is knowledgeable in this field and that is objective and a recognized firm to look at the proposal and give us a full evaluation that it is a proper proposal. RT 40 7/12/84 Mr. Plummer: Mr. Mayor. I have no problem with that, I am only concerned, and I'll second that notion, under discussion.. fir. Manager, you better than. I, know the time problem. The time problem even go-s to the point of losing the fregijencies. Now. can T hsve an ns<sursnce from you that this can be done in 30 days? Mr. Gary: Well, that i. the condition upon which we Will seek proposals. Mr. C. E. Cox: Yes, sir, we can have it done and be ready by the July 30th Mecting. Mr. Plummer: That's fine. Mayor Ferro: Mr. Cox, gust for the record, so we understand exactly what we're talking about, I am not accusing anybody of anything. Mr. Cox: I understand that, sir. Mayor Ferre: I'm just saying that in an experditure of 7.2 million. dollars I find it highly questionable that General Electra;., RCA ar.d a half a dozen other major electronic firms would rot even bid on a lucrative 7.2 million dollar contract. I mean we're not talking about a bunch of chairs or something, we're talking about probably one of the largest contracts the City of Miami has ever let out and that we only got one bid from one electronic company. Now, with that in. mind, I think just for the reason of documenting to the public that we are making sure that there is nothing wrong, that this is a bor_afide valid bid I would wart the stamp of approval of an objective knowledgeable firm in that field. Mr. Cox: I have no problem with that at all, sir. Mr. Plummer: None, whatsoever. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 84-763 A MOTION AUTHORIZING THE CITi TO SPEND FROM $7:000 TO $15,000 TO ENGAGE THE PROFESSIONAL SERVICES OF A COMPANY WHICH HAS EXPERTISE IN THE FIELD OF RADIO COMMUNICATIONS, IN ORDER THAT THEY MAY COME IN AND REVIEW THE BIDDING PROCESS AND R.F.P.'S WHICH WERE PUT OUT LAST DECEMBER, 1983 FOR A NEW 800 MEGAHERTZ RADIO COMMUNICATIONS SYSTEM FOR THE CITY GIVEN THAT 014LY ONE BID WAS RECEIVED; FURTHER STIPULATING THAT THIS ITEM COME BACK FOR COMMISSION REVIEW AFTER SAID REPORT HAS BEEN MADE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo RT 41 7/12/84 r:1. 23-AUTHORTZE AND DIRECT CITY "AMAGER TO ALLOCATE AMOUNT NOT TO EXCEED $4,400 FOR ADVERT1 ING A TEN PAGE SUPPLEMENT CALMED "t OMPF_1'EMCIA" D1. 3TRTMUTER O P1)13 C.RF S PERSONS IN AR!GENTIMA. Mayor Ferre: Howard, we have a group of people from Argentina here who have requested,... Mr. Manager , car. Charlotte Gallogly bring us up to date as to what this is all about? Something that Sabines and some other people requested... advertising.... And I told Sabir"es and I told charlotte that I an, perfectly willing to vote for it if it has the administration's recommendation. Charlotte, why don't you explain this. Miller, can you listen to this for a moment? 'this is Sabir"es' request and this has to deal with advertising in an Argentine magazine and I told Mr. Sabir_es that I would be perfectly willing to do it, provided, however, that it had the administration's recommendation. All right, what magazine is it, where is it? Ms. Charlotte Gallogly: We have been approached by Luis Sabir.es and we met with these gentlemen who are interested in having the City of Miami pay for in the amount of about $4,400 a ten page supplement that would appear within the contents of a magazine distributed to the business community in Argentina called "Competeneia". Mayor Ferre: What is the circulation of the magazine? Ms. Gallogly: About 5,000 people, business leaders in that country. And this supplement would talk about Miami as a service center and gateway to the Americas. Mayor Ferre: It is a ter page? Ms. Gallogly: Yes, it is, and we provide the editorials, the pictures and all of that material. Mayor Ferre: How long have they been in existence, this magazine, a year or two years? Ms. Gallogly: No, it has been longer than that, I would have to ask this gentleman, I'm not sure of that. Mayor Ferre: Que tiempo tiene de existencia la revista? 18 years, Okay. Mr. Plummer: When does this go to print? Mayor Ferre: In August. And we would have editorial... Ms. Gallogly: Yes, we control the cover, the supplement and all the pictorials. Mayor Ferre: Is this something that the Latin. Chamber of Commerce is supporting? Ms. Gallogly: Yes, sir. Mayor Ferri: Officially? Ms. Gallogly: Yes, through Luis Sabires. Mayor Ferre: And what is the administration's positiOr. or. this? RT 42 7/12/84 Mr. Gary: ...that it be considered by the Commission_ to increase the amount we allocate for the Hemispheric Conference and let them handle it directly. Mayor Ferro_ All, righ4,-,4 3 Po rove. The follow-ing not ion ►gas introduced by Mayor Ferre , who moved its adoption'. MOTION NO. 814-764 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $4 t 4OO TO FACILITATE THE CITY OF MIAMI' S ADVERTISING IN A 10-PAGE SUPPLEMENT CALLED "COMPETENCIA" WHICH IS DISTRIBUTED TO BUSINESS PERSONS IN ARGENTINA. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Demetrio Perez, Jr. Commissioner Joe Carollo THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:00 P.M. I RT 43 7/12/84 1 2 3 4 7 �1'1lf F MIAMI ... �. as IRA tv mg NO DOCUMENT IDENTIFICATION GRANTING TO F. P. & L. COMPANY AN EASEMENT OVER AND ACROSS A PORTION OF ROBERT KING HIGH PARK. GRANTING TO F.P. & L. COMPANY AN EASEMENT OVER AND ACROSS AND AROUND THE PERIMETER OF FIRE STATION NO.11. GRANTING AND APPROVING THE REQUEST OF THE COCONUT GROVE SAILING CLUB. INSTRUCTING AND DIRECTING THE CITY MANAGER TO ARRANGE FOR AN EXTERMINATING SERVICE ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS. ACCEPTING THE PROPOSALS OF REAL ESTATE RESEARCH CO. AND LEONARD A. BISZ, MA_I APPRAISERS, FOR A FEE OF $39,000 AND $12,950 RESPECTIVELY. AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, ACCEPTABLE TO THE CITY ATTORNEY, 11ITH SARAH E. EATON. REAPPOINTING THREE MEMBERS OF THE PRIVATE INDUSTRY COUNCIL(PIC) OF SOUTH FLORIDA. AMENDING THE MIAMI CENTER II DUPONT PLAZA PROJECT DEVELOPMENT ORDER. MF-ETING DATE: JULY 12, 1984 COMMISSION R-84-749 R-84-750 R-84-751 R-84-756 R-84-757 R-84-758 R-84-759 R-84-760 R-84-762 ETR I EVAL ODE NO.