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MINUTES
OF MEETING HELD ON May 10, 1984
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY H AL L
RALPH G.. ONGI
CITY CLERK
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MAY 101 1984
MINT
PROCLAMATIONS, PLAGUES AND SPECIAL ITEMS.
2
AUNORIEE_CITY MANAGER TO WAIVE RENTAL FEE FOR ORANGE
BOWL PAIXINC LOT PURSUANT TO REQUEST BY "JUNTA PATRIO-
TICA CUBANA" IN OBSERVANCE OF CUBAN INDEPENDENCE DAY.
3
DISCUSSION.ITEM: PROPOSED LOCATION OF HOSPITAL
PURSUANT TO REQUEST BY LEAGUE AGAINST CANCER.
REFERRED TO THE CITY MANAGER.
4
REAPOINT MAYOR MAURICE A. FERRE TO THE DADE LEAGUE
OF CITIES TO ACT AS ONE OF THE LEAGUERS REPRESENTA-
RIVES ON THE SOUTH FLORIDA REGIONAL PLANNING
COUNCIL.
5
BRIEF DISCUSSION ITEM: PERSONAL APPEARANCE
BY ERNIE 'FANNATO REGARDING BUILDING HEIGHTS.
6
DISCUSSION ITEM: ARRIVAL OF THE U.S.S. PORTLAND
AND ALSO A BRAZILIAN TRAINING SHIP WITH CADETS.
REQUEST FOR POLICE TO DIRECT TRAFFIC. REFERRED
TO THE CITY MANAGER.
7
PERSONAL APPEARANCE: VICTOR ROTHSCHILD REGARDING
EXCESSIVE AMOUNT OF TRAFFIC ENTERING THE RICKEN -
BACKER CAUSEWAY USING SOUTH MIAMI AVENUE AND SOUTH
BAYSHORE DRIVE REQUEST FOR POLICE TO DIRECT
TRAFFIC. REFERRED TO CITY MANAGER.
8
9
10
11
12
13
RECOGNIZE WORK OF MEDICAL CLINICS IN THE DELIVERY
OF AFFORDABLE MEDICAL SERVICES.
THANKING THE LOCAL ORGANIZERS OF AN EVENT HOSTING
OFFICIALS FROM NICE, FRANCE.
DISCUSSION AND DEFERRAL OF ITEM NO. 3 CONCERNING
CABLE TELEVISION TO A FUTURE PUBLIC MEETING.
DIRECT CITY MANAGER TO SCHEDULE PUBLIC HEARING
IN CONNECTION WITH A PROPOSED FIVE-YEAR PLAN
OF FINANCIAL OPERATIONS OF THE OFF-STREET
PARKING AUTHORITY IN PROVIDING A FORUM FOR
BUSINESSMEN AND MERCHANTS TO EXPRESS THEIR
COMPLAINTS AND CONCERNS REGARDING PARKING
METERS.
ALLOCATE $45 TO THE "DESSERT OF FLORIDA KAZA
TEMPLE" TO COVER EVENT'S INSURANCE AND $7,493.70
FOR IN -KIND SERVICES IN POLICE AND SOLID WASTE
SERVICES IN CONNECTION WITH THE "FIRST ANNUAL
BLACK SHRINERS GALA DAY PARADE" TO BE HELD MAY
26, 1984.
SECOND READING ORDINANCE: AMEND ORDINANCE 9332
(CABLE TELEVISION LICENSE ORDINANCE) BY DEFERRING
THE REQUIREMENT FOR IMPLEMENTING THE TWO-WAY
INTERACTIVE SYSTEMS.
DISCUSSION
M-84-512
DISCUSSION
M-84-513
DISCUSSION
DISCUSSION
1-2
3
3-4
4
4-6
DISCUSSION 6-7
R-84-514 7-8
M-84-515 8-9
DISCUSSION 9-11
M-84-516
R-84-517
ORD. 9831
11-17
17-18
18-29
14 FORMALIZING RESOLUTION: ALLOCATE $3,000 FROM THE
GENERAL FUND TO THE PUERTO RICAN OPPORTUNITY CENTER
INC. (ALSO RELATED MOTION; ADDITIONAL REQUEST FOR
$5,000. FOR THE SAME ORGANIZATION. REFERRED TO R-84-518 29-33
THE CITY MANAGER
M• 84-519
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MAY 10, 1984,
1� nISCUSSION ITEM: WORLD TRADE CENTER TONER'DEVELOPMENT
BIt nckTED RAMP SYSTIM o ETC.
16 DISCUSSION ITEM: PROPOSITION ONE -PERSONAL
APPEARANCE, MARTIN FINE, ESQ., LAWSUIT REGARDING
A.T.T. AND SOUTHERN BELL, OTHER CITIES TO JOIN;
PRIVATE PHONE COMPANIES NOT PAYING ANY
FRANCHISE TAXES PRESENTLY.
?j
DISCUSSION�45 .'
DISCUSSION 45-47
17
DISCUSSION ITEM: PARKING PROBLEMS AT THE HIAMI
DISCUSSION 47-48
CONVENTION CENTER.
18
SUPPORT IN PRINCIPLE OF PROPOSAL CONCERNING
THE ESTABLISHMENT OF AN "INTERNATIONAL CURRENCY
M-84-520 48-49
AND BARTER EXCHANGE" IN THE CITY OF MIAMI.
19
DISCUSSION ITEM: POTENTIAL PROBLEMS WITH THE
INSURANCE EXCHANGE OF THE AMERICAS, CITY MANAGER TO
'DISCUSSION 50-51
DISCUSS FINANCIAL STATUS OF ORGANIZATION.
20
DISCUSS IN PRINCIPLE THE CONCEPT OF THE ESTABLISHMENT
OF AN AVIATION MUSEUM AT DINNER KEY MARINA IN
CONJUNCTION WITH APPROPRIATE OFFICIALS OF PAN
M-84-521 50-56
AMERICAN WORLD AIRWAYS.
21
FORMALIZING RESOLUTION: ALLOCATE $2,000
FROM SPECIAL PROGRAMS AND ACCOUNTS TO COCONUT
GROVE SENIOR CITIZENS, INC. IN CONNECTION WITH
R-84-522 56
"GALA DAY"
22
ACCEPT CITY'S ANNUAL FINANCIAL REPORT SUBMITTED BY THE
ADMINISTRATION FOR FISCAL YEAR ENDING SEPTEMBER
M-84-523 57-60
30, 1983.
23
DISCUSSION ITEM: CITY OF MIAMI REPRESENTATION AT
FESTIVAL "CERVANTINO" IN MEXICO CITY BY PROFESSOR
ARMANDO NASSER. REFERRED TO THE CITY MANAGER FOR
DISCUSSION 60-61
FURTHER MEETINGS AND DISCUSSION.
24
DISCUSSION AND SALE OF 1984 GENERAL OBLIGATION
BONDS. NOT_ AGAICOMMISSION.)SION
FOR
DISCUSSION 61-68
DESPITEATTER EARLIERSINTENTIOF THE CITYUP
25
OF OF ON TO THE
OF LOCALLYIBASEDES
DIREECTORSION
COMNiUNITY BASED
PRESENTATION 69
ORGANIZATIONS (C.B.O.'s).
26
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
AT APPROXIMATELY 2226 S.W. 25TH AVENUE AND 2511-75
S.W. 22ND TERRACE FROM RS-2/2 TO CR-2/7.
(SEE RELATED M-84-524 RE: TRAFFIC STUDIES, CUL-DE-
M-84-524 70-97
SACS; ETC. IN RELATION THERETO.)
FIRST
READING
27
CONFIRM ORDERING RESOLUTION AND AUTHORIZE CITY
CLERK TO ADVERTISE FOR SEALED BIDS FOR
CONSTRUCTION OF EDGEWATER HIGHWAY IMPROVEMENT
R-84-525 98-101
H-4496.
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MAY 10, 1984
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28 ESTABLISH PUBLIC REARING AT 300 P.M.
TMSDA*t, JULf 12TH AT THE MANUEL ARTIME
CO*i[ lTf ' CENITER 'FOR AMENDMENTS TO THE MIAMI
CENTER II DUPONT PLAZA PROJECT DEVELOPMENT
ORDER 81-840.
29 AMEND MIAMI CENTER II DUPONT PLAZA PROJECT
REDEVELOPMETN PROJECT, R-81-840 AND R-82-71
BY AMENDING CONDITION 26 TO EXTEND THE TIME.
30 REPORT OF MEMBERS OF THE OVERTOWN BLUE RIBBON
COMMITTEE.
31 APPROVE IN PRINCIPLE REQUEST PROFERRED BY DR.
EDUARDO PADRON IN CONNECTION WITH THE MIAMI
"BOOKFAIR INTERNATIONAL" FOR A FUNDING REQUEST
OF $50,000. FOR AN EVENT TO BE HELD IN THE CITY
OF MIAMI IN NOVEMBER, 1984, CONTINGENT UPON
MEETINGS WITH THE CITY MANAGER AND PARTICIPATION
BY METRO.
32 PRESENTATION OF CERTIFICATES OF APPRECIATION
TO MEMBERS OF THE BLUE RIBBON COMMITTEE CONCERNED
WITH THE OVERTOWN DISTURBANCES.
M-84-526
R-84-527
DISCUSSION
M-84-528
DISCUSSION
33
ESTABLISH A LIBERTY CITY DEVELOPMENT AUTHORITY
AND INSTRUCT CITY MANAGER TO FUND THE AFORESAID
AUTHORITY IN THE SAME MANNER THAT WE FUND OTHER
ECONOMIC DEVELOPMENT AUTHORITIES.
M-84-529
34
AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE
$3,750. PURSUANT TO REQUEST BY J.E.S.C.A. FOR
NEIGHBORHOOD ANTI -CRIME PROGRAM.
M-84-530
35
DEFERRAL OF CONSIDERATION OF THE ANNUAL REVIEW
OF THE CITY MANAGER TO THE NEXT REGULAR MEETING
JUNE 14TH FIRST ITEM ON THE AGENDA FOR THAT DAY.
M-84-531
36
DISCUSSION, PUBLIC INPUT AND DEFERRAL OF
CONSIDERATION OF SECOND READING ORDINANCE
AMENDING ORDINANCE 9500 BY CHANGING ZONING
CLASSIFICATION IN THE BRICKELL-MIAMI RIVER
RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT
SPI-7.
DISCUSSION
37
BRIEF DISCUSSION AND CONTINUE TO NEXT MEETING
PROPOSED ORDINANCE AMENDING 9500 BY CHANGING
ZONING CLASSIFICATION BRICKELL AVENUE/MIAMI
RIVER RAPID TRANSIT COMMERCIAL/RESIDENTIAL
DISTRICT SPI-7.1.
DISCUSSION
38
BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION
OF REQUEST BY PANAMERICAN CHAMBER OF COMMERCE
CONCERNING THE FIRST PANAMERICAN CONFERENCE
OF THE AMERICAS INN A MINORITY BUSINESS OFFICE
CENTER.
DISCUSSION
39
AUTHORIZE CITY MANAGER TO ALLOCATE $15,000 PURSUANT
TO REQUEST BY MR. BASKIN, REPRESENTING P.A.G.E.,
FURTHER INSTRUCTING MANAGER TO WORK OUT BUDGETARY
DETAILS AND ACCOUNTING PROCEDURES.
1-84-532
40 DISCUSSION ITEM: REPRESENTATIVES OF "AMISTAD
PROMOTIONS CO." REGARDING VISIT OF THE U.S.S.
PORTLAND,
DISCUSSION
101=10G •
107-106
109-119
120-121
121-122
122-129
129-132
133
134-141
141-142
142-143
143-144
144-147
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MAT10, 19$4
i�.•�i➢a:+lYisYY.i YirW.a��wrwYWtrw.
41 DIRECT CITY MANAGER TO WITHHOLD ALL VMS TO THE
MARTIN tv= KING C.S.O. ORGANIZATION PENDING
CITY COMMISSION'S FINAL DETERMINATION IN CONNECTION
WITH PRESENTLY KXISTING'PROSLEMS.
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M-84-533
147-149
42
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT
ZYSCOVICH AND GRAFTON, ARCHITECTS, FOR PLANNING/
DESIGN AND CONSTRUCTION, ETC- FOR CURTIS
R-84-534 149�150 `
PARK ELDERLY MEALS FACILITY.
43
FORMALIZING RESOLUTION: AUTHORIZE CITY MANAGER TO
EXECUTE AGREEMENT DOWNTOWN MIAMI BUSINESS
ASSOCIATION, INC. TO INSTITUTE A YEAR-ROUND
R-84-535 150-151
ADVERTISING COMPAIGN.
44
ACCEPT BID: M.R. HARRISON CRANE SERVICE, INC.
R-84-536 151-152
FOR HYDROLIC CRANES ON A RENTAL BASIS.
45
ALLOCATE $75,000 OF COMMUNITY JOBS PROGRAM
FUNDS TO THE DOWNTOWN MIAMI BUSINESS ASSOCIATION
R-84-537 152
FOR FLAGLER STREET PLANTER AREA/TILE PROJECT.
46
SECOND READING ORDINANCE: AMEND SECTIONS 4
AND 6 OF ORDINANCE 9684 ANNUAL APPROPRIATIONS
ORDINANCE, INCREASE APPROPRIATION FOR INTERNAL
SERVICES FUND -CENTRAL STORE, $25,000.
ORD. 9832 153-154
INVENTORY FOR B-20 SUPPLIES.
47
DISCUSSION ITEM: MIAMI EXHIBIT AT THE 1984
WORLD'S FAIR IN NEW ORLEAND.
DISCUSSION 154-155
(SEE LATER SAME MEETING).
48
AUTHORIZE CITY MANAGER TO EXECUTE COVENANTS WITH
VARIOUS INDIVIDUALS FOR THE RIGHT TO CONSTRUCT AND
OPERATE AND MAINTAIN A COMMUNICATIONS SYSTEM
156-157
INVOLVING THE USE OF THE PUBLIC RIGHT-OF-WAY.
R-84-538
49
ALLOCATE $425,000. FROM SPECIAL PROGRAMS AND
ACCOUNTS TO THE GREATER MIAMI UNITED, INC.
R-84-539 157-158
TO PROVIDE SUPPORT TO THE AGENCY'S EFFORTS.
50
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
GREATER MIAMI UNITED INC. IN AN AMOUNT NOT TO
EXCEED $100,000. FUNDING PARTNER INITIATIVE
R-84-540 158-159
PROJECT LISC-MIAMI PROJECT.
51
FIRST READING ORDINANCE: AMEND EXISTING CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, INCREASE
APPROPRIATIONS FOR 1970 POLLUTION CONTROL AND
INCINERATOR FACILITIES GENERAL OBLIGATION BOND FUND,
160-161
FIRST
ETC.
READING
52
AUTHORIZE AND PERMIT MAYFAIR III, A FLORIDA
GENERAL PARTNERSHIP, TO CONSTRUCT AND MAINTAIN
A PEDESTRIAN OVERPASS AND WALKWAY OVER AND
R-84-541 161-162
ACROSS FLORIDA AVENUE.
53
FISRT READING ORDINANCE: AMEND ORDINANCE 9534
EXISTING APPROPRIATIONS ORDINANCE. INCREASE
APPROPRIATION TO MIAMI CONVENTION CENTER FOR
PARKING GARAGE $248,000 AND MAKING A FINAL
PAYMENT TO FRANK J. RODNEY, INC. IN THE
FIRST 162-163
AMOUNT OF $1,250,000.00.
READING
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54
i+IRST. itEAUING FINANCE: AMEN EXISTING CAPITALZt
IOtl'EM�T� l�Pf�ROP�tIATI0I�5 ORDIt�ANCf3, INCREASE
'
AE OPRtAlTf0NS FOR THE PURCHASE OF LITTER
k
COW'IAtMS IN THE AMOUNT OF $170,000.
FIRST
RING lei
it
55
FIRST READING ORDINANCE: AMEND EXISTING CPAITAL
IMPROVEMENTS ORDINANCE BY INCREASING RESOURCE
AND APPROPRIATIONS TO THE MIAMI STADIUM
ENTERPRISE FUND IN THE AMOUNT OF $300,000.
TO ESTABLISH NEW PROJECT: "BASEBALL STADIUM
PRESS BOX REPAIRS."
FIRST
164
READING
56
SECOND READING ORDINANCE: AMEND SUMMARY
GRANT APPROPIIATIONS ORDINANCE BY
ESTABLISHING A NEW TRUST AND AGENCY FUND
ENTITLED "COMMUNITY DEVELOPMENT COUNTY
ORD. 9833 165
SUPPLEMENT FY—'83—'84.
57
SECOND READING ORDINANCE: AMEND EXISTING
SUMMARY GRANT APPROPRIATIONS ORDINANCE BY
ESTABLISHING NEW TRUST AND AGENCY FUND
ENTITLED "COMMUNITY DEVELOPMENT BLOCK GRANT
ORD. 9834 166
IENTH YEAR".
58
AMEND PHASE I OVERTOWN STATION IMPACT AREA
REDEVELOPMENT PROPOSAL TO INCLUDE ADDITIONAL
R-84-542 166-167
LAND FOR ACQUISITION.
59
ALLOCATE $7,500. TO SUPPORT "MIAMI CONFERENCE
WOMEN'S ACTION FOR PROGRESS/CARIBBEAN CENTRAL
167-168
AMERICAN" TO BE HELD MAY 20-24, 1984
R-84-543
60
AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE
$15,000 REGARDING THE MIAMI EXHIBIT AT THE
M-84-544 168
"WORLD'S FAIR" TO BE HELD IN NEW ORLEANS.
61
FIRST READING ORDINANCE: AMEND CHAPTER 54 OF THE
CODE, ENTITLED: "STREET AND SIDEWALKS"
PERMITTING SIDEWALK CAFES IN DESIGNATED AREAS.
FIRST 169-170
READING
62
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
FLORIDA IMPORTERS AND EXPORTERS ASSOCIATION,
170
—
F.E.I.A., FOR PROFESSIONAL SERVICES.
R-84-545
63
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT
WITH ALBERT R. PEREZ 7 ASSOCIATES, P.A.
TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE
DESIGN AND CONSTRUCTION OF THE "BLUE LAGOON PARK
R-84-546 170-171
DEVELOPMENT PROJECT."
64
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
ALBERT R. PEREZ 7 ASSOCIATES, P.A. TO PROVIDE
PROFESSIONAL SERVICES RELATED TO THE DESIGN
AND CONSTRUCTION OF THE "BLUE LAGOON PARK
R-84-547 171-172
DEVELOPMENT PROJECT."
65
AUTHORIZE CITY MANAGER TO EXECUTE SUPPLEMENTAL
AGREEMENT WITH WALLACE, ROBERTS AND TODD,
ARCHITECTS, FOR PROFESSIONAL SERVICES RELATED
TO THE DEVELOPMENT OF THE JOSE MARTI RIVERFRONT
R—84-548 172-173
DEVELOPMENT PROJECT.
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66
F;
A bjkjtE'-tIrY MANA0tR TO MEMI PROFESSIONAL
stkvitCEs A=b= WITH It.H. FRIEND AND CtlMPANY
j6jj°'jkpmlT ACTIdARIAL ASSISTANCE REGARDING PENSION R-84-549 173
MATTERS.
67
ALLOCATE $7,890. FROM SPECIAL PROGRAMS AND ACCOUNTS
R_84-550 174
TO THE "INDUSTRIAL SOME FOR THE BLIND".
:.=
68
AUTHORIZE CITY MANAGER TO AMEND LEGISLATIVE
SERVICES AGREEMENT WITH THE LAW FIRM OF CRAMER,
HOFFMAN AND HABER, P. C. TO EXTEND AGREEMENT TO
R-84-551 175
APRIL 22, 1985.
69
AUTHORIZE CITY MANAGER TO EXPEND $26,297.35
TO REIMBURSE SOUTH FLORIDA EMPLOYMENT AND
—
TRAINING CONSORTIUM (S.P.E.T.C.) FOR THE
R-84-552 176
1974-79 C.E.T.A. AUDIT DISALLOWANCES.
70
ALLOCATE CERTAIN MONIES FROM SPECIFIED SOURCES
—
TO METRO FOR ADMINISTRATIVE SERVICES IN CONNECTION
R-84-553 176-177
WITH CITY PROGRAMS.
71
CONTINUED DISCUSSION OF AGENDA ITEM 45, STIPULATING
THAT MONIES MUST BE SPENT WITHIN THE LIMITS OF THE
DISCUSSION 177
CITY OF MIAMI.
72
AMEND R-84-63 WHICH APPROVED THREE LAND SURVEY
R-84-554 177-178
FIRMS TO PROVIDE SERVICES FOR THE CITY.
73
CLAIM SETTLEMENT: JAMES L. BUTLER, JR.,
R-84-555 178-179
$25,000.
74
FORMALIZING RESOLUTION: ALLOCATE $17,730.30
IN SUPPORT OF THE J.N.D. CONCERT FOUNDATION TO
COVER THE COST OF RENTAL FEES AT THE MIAMI
CONVENTION CENTER IN CONNECTION WITH THE LUCIANO
R-84-556 179-180
PAVAROTTI CONCERT.
75
FORMALIZING RESOLUTION: AUTHORIZING CITY MANAGER
TO EXECUTE AGREEMENT WITH JOHN PACHIVAS, REGIONAL
R-84-557 180
DIRECTOR OF THE U.S. KARATE ASSOCIATION.
76
FORMALIZING RESOLUTION: ALLOCATE AN AMOUNT NOT
TO EXCEED $145.00 TO COVER THE RENTAL AND EVENT
INSURANCE FOR AN EVENT HELD BY THE "ASSOCIATION
INTERNATIONAL DE AMIGOS DE EL SALVADOR" AT THE
R-84-558 181
MANUEL ARTIME COMMUNITY CENTER ON MARCH 22, 1984.
77
ALLOCATE $1,283,644. OF TENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUND TO PREVIOUSLY
R-84-559 182
APPROVED SOCIAL PROGRAMS.
78
AUTHORIZE CITY MANAGER TO EXTEND SIX (6)
INDIVIDUAL CONTRACT AGREEMENTS' DUE DATE FOR
R-84-560 183
GENERATING THE REQUIRED PROJECT REVENUE.
79
AUTHORIZE CITY MANAGER TO EXECUTE LEASE AGREEMENT
WITH THE DEPARTMENT OF OFF-STREET PARKING, FOR
SUB -LEASE OF A PORTION OF JOSE MARTI RIVERFRONT
R-84-561 183-184
PARK FOR A MUNICIPAL PARKING FACILITY.
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NA`i 10; 1984
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gp H9TAILISH TASK FOttCE TO BE KNOWN A8 THE "WEST
HAVANA TASK FOttCE" TO it$CONNEND A
REVITALIZATION ACTION FLAN FOR THE.WEST
LIT= HAVANA AREA .
(NOTE: NO INDIVIDUALS WERE APPOINTED
ON THIS DATE)..
81
CONSENT AGENDA
(COVERING SPECIFICALLY AGENDA ITEMS:
900 91, 94 AND 96).
81.1
AUTHORIZE CITY MANAGER AND CITY CLERK TO
CANCEL COVENANT RELATING TO TEMPORARY
SANITARY SEWER FORCE MAIN SERVING BUILDING
AT 4393 N.W. 11TH STREET.
81.2
AUTHORIZE CITY MANAGER AND CITY CLERK TO
CANCEL REMAINDER OF COVENANT IN PROPERTY
DESCRIBED AS SECOND ADDITION TO MEDICAL
CENTER IN PLAT BOOK OF PUBLIC RECORDS OF
DADE COUNTY.
81.3
ACCEPT BID OF SOUTHERN COACH FOR LABOR AND
MATERIALS FOR FIRE PUMPER APPARATUS REPAIRS FOR
DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES.
81.4
ACCEPT BID OF LITTON OFFICE PRODUCTS FOR
OFFICE FURNITURE FOR DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES.
82
LOAN A SUM OF $25.000 FROM FY-184
SPECIAL PROGRAMS AND ACCOUNTS BUDGET
TO THE DEPARTMENT OF OFF-STREET PARKING
TO FUND THE TENTING OF THE CITY -,OWNED OLYMPIA
BUILDING AT 174 E. FLAGLER STREET.
83
CLAIM SETTLEMENT: ROY HERBERT - $45,000.00.
AUTHORIZE CITY MANAGER TO EXECUTE AN AMENDMENT
84
TO THE AGREEMENT BETWEEN OVERTOWN ECONOMIC
DEVELOPMENT CORPORATION, TO PROVIDE A LINE -
ITEM BUDGET INCREASE OF $6,787.75 FOR THE
PURPOSE OF ACQUIRING PERMANENT COMPREHENSIVE
INSURANCE.
bithnam oI
R-84-562
R-84-563
R-84-564
R-84-565
R-84-566
R-84-567
R-84-568
R-84-569
7,
i.ba
185
186
187
187
187
188
188
189
189-190
•
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On; the- 10th , day, of May, 1983, . the
City ._Commission of
Mil�►i Florida filet 'at its re ular meetit:
I in the Ctt
Hall=`-3500 Pin Amerioan Drive, Miami, Florida, in -regular
eess�on. ,
The meeting was called to order at 9:15 O'Cloek A%'Na by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ABSENT:
Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
ALSO PRESENT:
Howard V. Gary, City Manager
Jose R. Garcia -Pedrosa, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Ferre who then led
those present in a pledge of allegiance to the flag.
On motion duly made and seconded, the City Commission
approved the Minutes of January 5, January 18, February 28,
March 8, & March 29, 1984.
---------rr-------------- ------ -------r-------------r-
1. PROCLAMATIONS, PLAQUES AND SPECIAL ITEMS.
---------------------------------------------------------
Proclamation:
--
On the occasion of the Centennial of the
birth of President Harry S. Truman.
Proclamation:
Richard P. Brinker Day.
Proclamation:
Carlos J. Arboleya Day.
Certificates of
To the Miami Police Department's Creative
Appreciation:
Crime Prevention play writing contest.
Proclamation:
Historic Preservation Week. Presented to
John Clark, Chairman, Heritage Conservation
Board, and Arthur King, Vice Chairman.
Commendation:
To World Wide Shoes. Presented to Barry,
Paul and Michael Hanna, owners.
Proclamation:
Ileitis and Colitis Awareness Week. Pre-
sented to Mr.. Jules Gorlitz, Chairman of
Anne Gorlitz South Florida Chapter of
National Foundation for Ileitis and Colitis.
Id
1
5/10/84
_ sW
"Y.
1
82
�ii�(WYYiilYiiiN�i►�i1/1i�NiYili�llYiiiii�rlilNirlriifiiliiilfi�iYl�ii�ait�iiiigiiYiiYiYiiiaY�i�iilii�iYii�c�AYi�'1�'iYYi -. ,, .--.
210 AVM1129 CITY MANWIR TO MITA RNITIL
BOWL PARKING . OT PURSUANT, TO R9409ST . SY 'r �!J�ItT�►_F PA lY '��
Yai�iY�lYfilYYiYiiiAiaflilfiYYiaLiY/YiiiiiriiiGfiY►a1H1a.Y�.�Iriia..Yi`Y+ii...YYiliiii ii..�7�i�i-iiir��iiii -
Mayor Ferre! Commissioner Perez on Pocket Items.
Mr. Perez: The only one, Mr. Mayor, is the request from the
Junta Partiotiea Cubana in reference to a celebration they
want to have on Sunday, May 20th to celebrate the Cuban in-
dependence Day in the Orange Bowl parking lot for two hours
on May 20th and they want to use that parking facility and
they want to request...
Mayor Ferre: They want to use the parking facilities where?
Mr. Perez:...May 20th at the Orange Bowl.
Mayor Ferre: Is there therefore a motion?
Mr. Perez: For the Cuban celebration for the Cuban Inde-
pendence Day.
Mayor Ferre: May 20th is Cuban Independence Day and the
Junta Partiotiea wishes to use the Orange Bowl Parking Lot
to have a mass rally. Is there a motion?
Mr. Perez: Yes - motion.
Mayor Ferre: Is there a second?
Mr. Dawkins: To have a mass rally at the Orange Bowl?
Mr. Perez: In the parking lot.
Mr. Dawkins: I move it.
Mayor Ferre: It has been moved and seconded - further dis-
cussion? Call the roll.
The following motion was introduced by Commission-
er Perez, who moved its adoption:
MOTION NO. 64-512
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO WAIVE THE RENTAL FEES
FOR USE OF THE ORANGE BOWL PARKING LOT
ON MAY 20, 1984 PURSUANT TO REQUEST BY
THE "JUNTA PATRIOTICA CUBANA" IN OBSER-
VANCE OF CUBAN INDEPENDENCE DAY.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
id 2 5/1G/.b4
3 011CUSS ON..1'EMi PROPOSED LOCATION OF HOSPITAL PURSUAN
TO REQUEST 'B1 CRAGUE AGAINST CANCER. ARFARRID TO CITY
NANAG1t.
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Mayor Ferre: Mr. Manager, the other evening,•1 don't know
whether Demetrio, you or Miller participated, but I vent.but
to the Miami Jai Alai, where there were, I Mould say,
10,000 people in the audience and in the parking lot, for
the League Against Cancer annual telemarathon. As you know,
they for a second year in a row passed $1,00090009 which is
an amazing accomplishment, I think, in this community. They
have been looking, Mr. Manager, for an appropriate location
to build a hospital. They have asked the City of Miami to
participate in that search. I can think of several areas -
one is the old Riverside Park area. A another one is the
park in front of Victoria Hospital, which has some tennis
courts with an empty area next to it, and I can also think
in the area of Jose Marti Park, and obviously, we cannot
conclude anything like that at this time, but I would like
to ask that the Administration contact the League Against
Cancer and discuss with them the different alternatives of
the City property that may be appropriate for the purposes
of building a hospital. We don't need a resolution to that
effect, do we?
------- ------------------------ ------- -------- ----- -------
4. REAPPOINT MAYOR MAURICE A. FERRE TO THE DADE LEAGUE OF
CITIES TO ACT AS ONE OF THE LEAGUE'S REPRESENTATIVES ON
THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL.
Mayor Ferre: Miller, we need a motion to reappoint me to
the Dade League of Cities in the South Florida Regional
Planning Council. As you know, I have been the League's
representative - one of the League's representatives on the
South Florida Regional Planning Council, but formally we
need appoint every year.
Mr. Dawkins: So moved.
Mr. Perez: Second.
Mayor Ferre: There is a motion and a second that Maurice
Ferre be reappointed to the South Florida Regional Planning
Council by the Dade League of Cities. Further discussion?
Call the roll.
The following motion was introduced by Commission-
er Dawkins, who moved its adoption:
MOTION NO. 84-513
A MOTION REAPPOINTING MAYOR MAURICE A.
FERRE TO THE DADE LEAGUE OF CITIES TO
ACT AS ONE OF THE LEAGUE'S REPRESENTA-
TIVES ON THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote -
Id 3 5/10/64
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ti +� �gyo S Neti'id J► Per6t) Jr.
A.`ei'rs
M048
• AP���N�: C�i�m��sibt�er Joy Caroll�
Commissioner J. L. Plummer, Jr.
MP.,. Dawkins: Mr. Mayor, before we go any further, when we
start -with the Canoer Hospital, I do not want them to ovbrw.
look bvtetown, Liberty City, or Coconut Grove - or especially
in Liberty City where the riots have burned down lots of
buildings and there is quite enough space out there that has
been donated 'through riots to build a hospital on, so let's
not overlook that area too.
Mayor Ferre: Thank you.
5. BRIEF DISCUSSION ITEM; PERSONAL APPEARANCE BY ERNIE
FANNATTO REGARDING BUILDING HEIGHTS.
—r----r---------------- rr----r----------r------r— ----rr—rr--
Mayor Ferre: I have, Mr. Manager, a letter here from Lester
Pancoast, which deals with the City's considering reducing
the permissible residential building height from 35 feet to
25 feet. I have heard from many, many architects and people
in this community who are concerned that the 25 feet resi-
dential limitation is much, much too small. I totally agree
with that. I think it would be a disaster for us to say
that you can only build a house up to 25 feet, if people
want to build it higher than that. This is not before us,
but I would just like to say that to the appropriate depart-
ment that before that rule is instituted, I would like for
the Commission to deliberate on this at a public hearing to
give these people the opportunity to express their positions
publicly.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: Do it very briefly, Ernie.
Mr. Ernie Fannatto: Ernie Fannatto is my name and I am
President of the Taxpayer's League of Miami and Dade County.
I am for residential areas and to reduce that to 25 feet
would stop and retard the business efforts, which will mean
less jobs, less taxable money, and higher finances today.
They can't do it unless they have more square feet, and you
can throw this County and City into a quandary, financial
quandary, as to jobs and financing if you do this. It is
too risky and I just want to mention that.
Mayor Ferre: Thank you, sir.
---------------------- —----------------- --------------------
6. DISCUSSION ITEM; ARRIVAL OF THE U.S.S. PORTLAND AND
ALSO A BRAZILIAN TRAINING SHIP WITH CADETS - REQUEST FOR
POLICE TO DIRECT TRAFFIC - REFERRED TO THE CITY MANAGER.
---------------------- --=-----------------------------------
Mayor Ferre: Mr. Manager, yesterday some of us attended the
ceremony for the arrival here of the U.S.S. Portland, which
brought to our City close to 700 sailors and marines. We
are going to be discussing that in a little while in a regu-
lar issue, but before we get to that, I would like to say
-,d 4 5/10lR4
that a week before that$ I also went to the port to WGIGOSO
a major graziliah training vessel that had about 800 brazil
iaa sailors and cadets from the Naval Aoadesiy in Pazii, and
there was absolutely no attention paid to those 0900p_1�6 on
behalf Of Metropolitan Dade County and the City Of -Nlhlkl.-r
FurtherMore, ae also had a major conference here Of the kew.
3or Naval operations'of NATO. There were all kinds of
admirals, including Admiral Levy from this district a lekri-
Admiral. There were several three -star admirals and a whole
bunch of two -star admirals in this community and again this
community paid almost no attention to these people. Now,
yesterday the tourist industry gathered together to talk a-
bout how to impact on bringing people to our community, be•
cause tourism is no longer just people who read advertise-
ments in the New York Times and fly down to Miami to get
away from the snow. It also means the U.S. Navy and the
Brazilian Navy and other visitors that we have, and I think
it is important to appoint an appropriate staff person with
Ms. Jean Westphal, or the appropriate person in Metro and
others to approach this in a more intelligent way. I would
like to also ask that Mr. Stuart Sorg, and I am going to
write him a personal letter with the greatest respect and
admiration for Stuart Sorg - he and his committee were shin-
ing by their absence at the presence here of the Brazilian
Academy Naval ship which brought 800 Brazilian Naval Mid-
shipman to Miami, yesterday when the U.S.S. Portland arrived
and for the NATO Conference that is presently- being held in
this community. Somehow, somewhere, something is wrong,
when this community that has such a tremendous problem in
tourism does not pay attention to the U.S. Navy and all of
these other Naval ships that are arriving in this area. Let
me point out to you that that Brazilian Naval Academy ship
makes this trip yearly. They usually go to Port Everglades.
This time they came to Miami. In Port Everglades, they have
buses, they have tour guides. They put on a show for them.
They are welcomed into this community. Those of you that
may have been in Coconut Grove last night may have seen 300
or 400 sailors, Black and White, from the Portland that were
enjoying the facilities of this community, and I would point
out to you that this is a major source of tourism that we
are doing very little about. When I say we, I mean collec-
tively, Metropolitan Dade County, the City of Miami, the
Chamber of Commerce and all the people that talk so much a-
bout how much they want to do, but when there is an opportu-
nity to do something, we do very little. But, Mr. Manager,
I don't think we need to formalize this in a motion, but I
would like for you to please assign somebody (I mean at an
Assistant Manager level, please, Mr. Manager) to look into
this and come back to this Commission with a recommendation
as to how we can better approach this problem.
Mr. Dawkins: Mr. Mayor, I would like to add to that that
the Manager instruct whoever he assigns to not disregard,
but to sort of push Mr. Sorg in the background. Mr. Gary, I
would like for you to hear this, please, sir. I would like
for you, when you select this committee, that you instruct
whomever you put in charge not to listen to Mr. Sorg. The
only time he is down here is when it is self-interest. He
is the one who came down here and sold us on the idea that
we should be about recruiting ships to bring sailors in here
to help our economy, and yet, two ships come and he doesn't
show upt Thank you.
I 5 5/10/84
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Ma or Ferre: The last item that I have is Mr. Victor Roth -
Mild who has been calling my office and asked that he be
recognized, and as a matter of personal privilege, I am hap-
py to do that. You have got three minutes, Mr. Rothschild.
Mr. Victor Rothschild: Good morning. My name is Victor
Rothschild. Mr. Mayor, Mr. Gary and City Commissioners, I
have been a resident of the City of Miami for the past 45
years. I've lived in one location at 2901 South Miami Ave-
nue which is near the corner intersection of South Miami Av-
enue and U. S. 1. the past 31 years. I have Watched this
City and this particular street go from a country lane to a
4-lane highway. We have a two -fold problem. I am going to
ask you gentlemen to put on your local geographical thinking
caps for a few moments so that I can position you exactly
what I am trying to bring out. On Saturday, March 24th and
Sunday, March 25th, between the hours of 10:30 a.m. to 3:30
P.M,, 19,214 cars, vans, panel trucks passed through the
Rickenbacker toll plaza. Now, this is not counting the Key
Biscayne prepaid car tags. Traffic that is going on this
particular street, which is South Miami Avenue going south
is known as South Bayshore Drive. Going north, when it gets
up to as far as Mercy Hospital, it becomes South Miami Ave-
nue. I don't know if you gentlemen have ever been caught in
this particular problem. We have a large home near the in-
tersection and on Saturdays and Sundays particularly, cars
will just come barreling down from five different areas -
they will come from South Miami Avenue, they will be going
north on U. S. 1, they will be coming off the I-95 causeway,
the expressway going over the bridge to Key Biscayne...
Mayor Ferre: Mr. Rothschild, in the interest of time, we
are all aware of the problem and we have great sympathy for
you and the other residents. What specifically can we do
for you this morning, sir?
Mr. Rothschild: Well, actually what I have done so far, I
talked to Mr. Bill Powell of the Dade County City Public
Works Department, and Mr. Breman, Mr. Eads, Mr. John Fitz -
surgeon. I spoke with Chief Clarence Dickson. The only one
I have gotten any help with was from Lt. Bradwick of the Po-
lice Department.
Mayor Ferre: Well, what'is it you want us to do?
Mr. Rothschild: We need somebody on that intersection on
weekends between the hours of 10:00 o'clock or 10:30 A.M.
until 3:30 P.M. to direct traffic. That light is not going
to help. We have got people breaking bottles, shooting guns
through my window...
Mayor Ferre: Mr. Manager, I have, on several occasions...as
a matter of fact, one time I was behind J. L. Plummer,
caught in that traffic and it took about 20 minutes to get
through that intersection. It is a major traffic problem.
It is not of our causing and it basically is not our street,
because that is a Federal road, U. S. 1, and it is a major
state arterial intersection. On the other hand, we do have
a traffic problem and I think what is happening is that is
I 6 5/10/6 4
af'f eeting the .t hole. unfortunately, them are people 'WhO.
1:14e' 'ih thatrigiddntial community, and it LA aff'eatiag' an
awitul lotof pspple weekends r and r do, think there 3e n d
f` o '16n�de.=0oliab : pried Yc�e. V6vo a I know `thRV...Mdtru 6li"'
ftdi �t�Unty hag An:*ktlra contingency of police, and � dohlt
know whether they can properly do that, or whether the Miami
Police.Department is going to insist that we keep..3urisdio.
tion, but l do think that Mr. Rothschild is pointing out' a
major problem that ve have.
Mr. Rothschild: One other item.
Mayor Ferre: Yes, sir.
Mr. Rothschild: That bridge that is being built over the
causeway is Orobably going to take another two years.
Mayor Ferre: Yes. sir. The problem where that lies - the
pattern where the traffic lies, all ::he way back here to Co-
conut Grove on a Sunday afternoon is not because of the
traffic light or that particular intersection. It is the
bridge itself every time one boat wants to go through!
Mayor Ferre: Mr. Rothschild, that is something that we
can't solve for you. That problem is really one that only
Metropolitan Dade County can deal with, and the problem is,
and by the way it isn't when one boat goes by - the bridge
goes up once an hour on the hour and I think there are cer-
tain times when it is on the half-hour, but it is not every
time a boat goes by.
Mr. Rothschild: Well, that is what is backing up the traf-
fic from the toll plaza back.
Mayor Ferre: Unfortunately, the bridge is there•and it has
to be raised for boats to go by and it is done on an hourly
basis, as I recall. Mr. Manager, would have somebody, the
appropriate person in staff report back to the Commission
and Mr. Rothschild, if you would give to the Clerk your name
and address, we will contact you again. Thank you sir for
taking the time to come.
Mr. Rothschild: Thank you.
Mayor Ferre: We will try to be of help.
------- ------ -----------------------------------------------
8. RECOGNIZE WORK OF MEDICAL CLINICS IN THE DELIVERY OF AF-
FORDABLE MEDICAL SERVICES.
---------------------------- -----------------------
Mr. Perez: Mr. Mayor, I have a pocket item. I would like
that this City Commission recognize the effort and the con-
tribution to this community of the small medical clinics.
At this time our State Legislature is discussing new rules
that will affect that clinic and I would like to present a
resolution in order to recognize the contribution to this
community, and to the betterment of the City of Miami - say
a resolution recognizing the work of medical clinics in the
delivery of affordable medical services, including hospital-
ization, to the residents of the City of Miami and urging
the Florida Legislature to take such work into account in
its deliberations in this legislative session. That is the
motion that I would like to move in a resolution.
Mayor Ferre: Is there a second?
Id 7 5/10/84
INK; DawkLnb t '..! . ceporid.
ri Eht , it
4160uAbi+bnT ; Call thb I ribil
Oaks '- ;>i:s - - --r.5r:''•w`; v'tr �. _ _ c_. may;=:}}�tf:i. ,
The following resolution was introduced by Commissiono
''. who moored its adoption: r
18 mhV�d
RESOLUTION NO. 83-514
A RESOLUTION RECOGNIZING THE WORK OF
MEDICAL CLINICS IN THE DELIVERY OF AF-
FORDABLE MEDICAL SERVICES, INCLUDING
HOSPITALIZATION, TO THE RESIDENTS OF THE
CITY OF MIAMI AND URGING THE FLORIDA
LEGISLATURE TO TAKE SUCH WORK INTO AC-
COUNT IN ITS DELIBERATIONS UPON LEGIS-
LATIVE MEASURE BEING PRESENTED TO IT
DURING THE RECENTLY CONVENED LEGISLATIVE
SESSION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
--------------- ---------------------------------------------
9. THANKING THE LOCAL ORGANIZERS OF AN EVENT HOSTING OFFI-
CIALS FROM NICE, FRANCE.
------------------------------------------------------------
Mayor Ferre: One last thing - Miller, would you make a mo-
tion of gratitude to the Miami - Nice Sister City Committee
and I think we need to recognize them for their hard work,
and as you know, they have really worked hard this year to
make these people welcome and we were there last year. I
thought that we would never be able to match their hospital-
ity. Well, I want you to know that not only did we match
it, we bettered it. What we did, and really, most of it is
all volunteers, and it didn't cost the taxpayers any money.
This was all volunteer. We had major parties for them at
Regine's and at Vizcaya. They went fishing. They did all
the things they wanted to do, and I think it was through a
tremendous amount of effort and work by the members of the
Sister City Committee, particularly Bobby Mumford and Victor
Azria and many other people who worked hard to make... and I
think we should not only commend them, but I think we should
have a luncheon or an appropriate thing with gratitude for
them.
Mr. Dawkins: I agree, Mr. Mayor that the committee did work
hard, and as you said, they showed us the red carpet when we
were over there and I too thought it would be difficult to
return the hospitality, but the committee went out of its
;a `::F- ✓:,`p3'<'- - `t:�. _ - :+ids �t�
•L'
1' Y>-
_-- '"h' �.i a;`:. .•,,''k -.A'u '71, t.1 �.:yrC"-'�i:Y't 5.
c
W ►�►s �A Tt would like to MoVe that we 6622end the 601"Nift�dA
for ite fine work and that a lunoheon be given Wh§0e lie +�d�r
p ►8j6nt,,oertifioates or appreoiation. to , the se.„d.ngi-Old' . v
&rid i6t theta know that ae aopOeoiato a Job Droll 6116 r _: +44f, . . _;,
!fir Per: l zt so, obnd.
41
Mayor Ferret There is a motion by Commissioner bawkias"
seconded by Commissioner Perez. Further discussion? Cal.
the roil.
The following motion was introduced by Commission-
er Dawkins, who moved its adoption:
MOTION NO. 84-515
A MOTION THANKING THE LOCAL ORGANIZERS
OF AN EVENT HOSTING OFFICIALS FROM NICE,
FRANCE, AND COMMENDING THEM FOR THE FINE
WORK AND HOSPITALITY EXTENDED TO SAID
VISITING DIGNITARIES; FURTHER REQUESTING
THE CITY MANAGER TO MAKE THE NECESSARY
ARRANGEMENTS FOR A LUNCHEON AT WHICH THE
APPROPRIATE CERTIFICATES OF APPRECIATION
WILL BE PRESENTED.
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
---------------------------------- --------------------------
10. DISCUSSION AND DEFERRAL OF ITEM NO. 3 AND 37 CONCERNING
CABLE TELEVISION TO A FUTURE PUBLIC MEETING.
------------------------------------------------------------
Mayor Ferre: It is now 10:00 o'clock and the first item on
the 10:00 o'clock meeting is a Cable TV public hearing which
is a continuation of a previous public hearing that we had.
Mr, Manager?
Mr. Gary: Mr. Mayor, this item relates to two issues. The
first being the interactive systems, the other being the
penalties associated with the cross wiring and some resolu-
tion of that problem. With regards to the cross wiring is-
sue, Mr. Myers is here and he has informed us that Mr. Her-
manowski wishes to postpone this issue until the chief exe-
cutive officer of T.C.I. can come and talk before the Commi-
ssion.
Mr. Dawkins: Well, postpone it all. I move that it all be
postponed and heard at one time.
Mayor Ferre:
be continued.
continued?
We have a motion on the floor that this item
Is there a second tt'at the public hearing be
0
ld 9 5/10/64
There ig a second.
."pr fetra: UAdet distussion7 co shead, deutor myd"..
ks
yer ..�p..`:to explat� to Comrnisgioti iia�i►1f:;ay
of .'A id : k* be)rd cif, thb Commission � the' only athar it��..:sty
: �q
:iti� g�hdg, Coi mi" sioher� Dawkina, is to: UY to gist; 1a il�r
'
that Mhich the Commission has. already mandated regalydio�";���►
teeaotive s6rvio68. It simply is the b600nd reading on
6idihance deferring interactive services until such, later
dat4as the Comaission determines. That is all that is.
Mr. Dawkins: Okay, the only thing I have to say is, every
time I look around, it is what Mr. Hermanowski wants. Okay,
now Mr. Hermanowski knew we were having this meeting. Mr.
Hermanowski should have had his people here. I am not going
to hear any other until I hear it all. That is it!
Sen. Myers: Well, Commissioner...
Mr. Dawkins: No. Counselor, with due respect for you, air,
all of you know...
Mayor Ferre: Senator, that is the way it ist
Sen. Myers: But, I simply want to explain to the Commission
that this is what the Commission wants. The Commission has
mandated this. r
Mayor Ferre: I understand. He understands.
Mr. Dawkins: I understand that fully, but I am always on
the losing end of the vote, now I am on the winning side -
not
Sen. Myers: You voted unanimously.
Mr. Dawkins: No, no, not
Mayor Ferre: All right, my advice to you, Senator, is that
I think you should discuss this at lunch break with Commis-
sioner Dawkins and then perhaps later on when we have a full
Commission, if you want to bring this up, we can discuss it.
As of right now, the only thing I want to do is, I want to
point out to the members of the Commission and to the pub-
lic, Commissioners, there is an article in the Miami News
yesterday written by Tom Sika.
"You or the jury should be hanged for lack of taste."
Is Clark Merrill around here? Clark I just want you to hear
this in particular
"A revolutionary group dedicated to the overthrow
of toe American Jurisprudence couldn't have done a
more devastating number on the system. From what
was presented, it was logical to assume that the
case in question probably extended over at least
two to three days. The jury at home got to see
it in 40 minutes."
This is a case, Ladies and Gentlemen...and Miller, the rea-
son why I am so opposed to interactive services, couldn't be
better explained than in this particular article. NBC de-
cided that they were going to show a typical case and they
showed before the American Public, and it won the American
Public. The name of the program is You be the Judge. You
are the jury, okay? And it was a horrible program because
they took a real live case, and the conclusion that the peo-
ple came to and the poll that was taken after 40 minutes of
this case being shown to the public, was totally different
Id 10 5/10/84
'Mt T^
:7i'_• is
C
thhh' the Way' the fury finally acted on this, ' and .tht pact!
AS trying to stake i&, that this kind of knee jerk Just�eb,;.
do .knee perk �rbaotion on television • is not. on 6: teaversty
66- she' Judidial �syxtem; it is a very dangeroue thing, arr;
eXtr+emely dangerous things Y just think that having =a prom',
a+ess in which the American public, whether it be the:-'bhbl'6`
viettibg public in Miami, see a program and then you are
asked to push a little button as to whether you agree or you
disagree) is such a threat to the judicial system, to order
ly and due process of government, that I have just...I know
that sometimes people think that this is an attack on the
First Amendment. If I had just one argument to make, I
would use this article and say I rest my case on this arti-
ale. Have you seen this, Sue? I would like very much for
you and for Clark to have the opportunity to read this, so
you understand. I know you have some misgivings as to why I
keep on insisting on this.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: On opinion polls.
-------------------------- -------------------•---------------
11. DIRECT CITY MANAGER TO SCHEDULE PUBLIC HEARING IN CON,
RECTION WITH A PROPOSED FIVE-YEAR PLAN Ott. FINANCIAL OP-
ERATIONS OF THE OFF-STREET PARKING AUTHORITY IN PROVID-
ING A FORUM FOR BUSINESSMEN AND MERCHANTS TO EXPRESS
THEIR COMPLAINTS AND CONCERNS REGARDING PARKING METERS.
------------------------------------------------------------
Mayor Ferre: All right, we are now on Item "B". Yes, sir.
Mr. David heaver: Mr. Mayor, members of the Commission,
Mr. Manager, I am a member of the Board of the Off -Street
Parking Department. My name is David Weaver. I have an of-
fice at 800 Brickell Avenue, Miami. I am a member of the
Off -Street Parking Department's Board of Directors. We have
had the opportunity during the past six months to develop a
plan of action for the Parking Department in an attempt to
tie together the objectives of the Parking Department with
those perceived objectives of the City of Miami. The goals
which the Parking Department has, are the following. We be-
lieve that we should, and we have the obligation to meet the
current and the future parking needs of the City of Miami.
We believe secondly that we must effectively balanc4 the on -
street parking needs and controls with the need to maximize
peak hour traffic flow. Thirdly, we wish to orient the ac-
tivities of the parking system to support the public transit
activities of the City of Miami. Fourth, we want to be able
to use our facilities in the parking system, our management
expertise in parking and most importantly, our bonding ca-
pacity to support the economic development goals of the City
of Miami. We wish also to assist the City of Miami in a-
chieving your affirmative action and minority business en-
terprise goals, and finally, and perhaps most importantly
from the point of view of those of us who are members and
have financial and other liability and responsibility as
members of the Parking Board, we wish to meet the goals
while still maintaining the financial reputation and integ-
rity of the Miami Parking System. Miami Parking System has
i at the present time 13.8 million dollars worth of bonds Out-
standing. These bonds are rated independently from the
City of Miami's bonds by Moody's and by Standard and Poor
and our current rating is "A" and "A-" respectively. These
wi bonds, as you know, are issued under the name of the City of
Miami, but the revenue pledge itself is limited to the park-
_ ing activities of the system. At the present time, our net
revenues as of about September 30, 1983 are 1.8 times the
Id 11 _110/84
bU rrent,
saau ►1
dent
eervibb b •1�� lad 8626 batifid6d d1�a�ia�
biane
`With e�r� ., f3.ti i��aal° advihbi and- dur ,, i rhr! a
They .,.rebasmbed
that•
oue riot revenues sh6tild ° ift�C`-`U�0 I
th i
:` ti a
.
'debt
66eviads. Let ke `1*e0eat. We have 1.8 .
timso at the present time, we should not have lose than
li5. 1 Maintaining a minimum level ' bf 1.5 is an' idp6itaht
factor,
Mayor Ferre: let me interrupt you, if I may. Traditiahalm
iyy we had a debt service coverage of what? Back in the old
days Mitchell Wolfson days, it was 2.5, wasn't it?
Mr.Raoer Carltons Mr. Motycr, before the Garage 3, which was the
one that the community college was built, we were consis-
tently over two., but then that garage drew it down for its
first few years, but with the adjustments that have been
made and the rates, it began to pull back up to the 1.8
and...
Mayor Ferre: So we are at 1.89 at the present time? And
what you are recommending is that we really can afford to go
down to 1.5 without doing it any violence.
Mr. Weaver: What we are saying, Mr. Mayor, is that we un-
derstand that there are a series of objectives which are im-
portant and were desirable from the City's point of view.
We wish to participate and contribute to achieving those
goals, but we want to make it very clear that there is a
certain level below which we cannot go and still maintain
our bond rating, and that level is 1.5. We are in excess of
that level right now and the entire purpose of this presen-
tation and five year plan which we are making here is to
show you how we intend to use any excess over 1.5 debt serv-
ice coverage.
Mayor Ferre: David, I understand that. The question still
remains - for the years that Mitchell Wolfson was Chairper-
son of that Off -Street Parking Authority, the ratio usually,
as I remember, was 2.5, or above 2.0. Now, when we go to
1.5, I question whether in any way that jeopardizes the in-
terest rate ability of the Authority, and whether...I do not
remember, and I have been in this City now, serving as a
Mayor or a Commissioner for 15 years since 196T - I do not
remember any time when it went down to 1.5. Has it ever
been at 1.5?
Mr.Roger Carlton-.* Mr. Mayor, there are two answers to that ques—
tion. The first two garages that were built were with sen-
ior lien bonds; then you will remember that when the third
garage was built, we had to use the junior lien bonds and
the junior lien bonds never went over 1 . 5 , but the older
ones, which were 3$ and 4$ interest were always at 2.0.
When we did the advanced refunding bond issue last fall, or
to the Commission, it negated that old debt and merged it
into a brand new debt, and that brand new debt has been 1.5,
1.6. It has been going up slowly but steadily.
Mr. Perez: Are we going to have any public hearing on this
issue?
Mayor Ferre: That is what this is.
Mr. Perez: But, that is not part of the public hearing.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Perez: That is Committee of the Whole.
Mayor Ferre: I don't know if there is a public hearing of-
ficially. All you are basically doing is you are giving us
Id 12 5/ 10/64
}
Lt�,:,
tftQ Ptsult Of ,dour five ysar ,strategic and ,financial _008ra .
ti6no ' plain, . wt ibh dAia about throdgh YoUi - r�tre9Lt, .'aha", thfi
i �:: uffi aM , sdbet`g►nds of . it, and you ire ' itit' J ':t g
+poi .B .on of; Vha't it ib ; that you wish to. db.
Mr. Perez: But I mentioned the public nearing beeaua4.in
the last six months' wa have received a lot, of oftplaifti
from the &Wntown merchants in reference to the-parking.g jl
tent, and espaeiilly, in one part here, they tried to provide
more public service in the downtown area, and personally i
have received hundreds of complaints from the downtown met+
chants and I think that those people deserve the opportunity
to be heard.
Mayor Ferre: Can I call and complain to you too, because I
will tell you my oar was towed away too, so...
Mr. Weaver: That is all right, I just got a ticket last
night too, and I don't know who to complain to. Mr. Perez,
could I comment on that? This presentation today is intend-
ed specifically as our response to what is been going on
over the past six or eight months, and in particular the
kinds of complaints and concerns which have been presented
to you by the Downtown Business Association and other
groups. We are as a Board of Directors, very concerned a-
bout trying to find that fine line between providing the
parking needs of the City of Miami, yet at +the same time,
maintaining proper traffic flow and keeping everybody happy,
or as many people as we can happy at the same time. So,
this is really what we are trying to do here in this presen-
tation. This is to give you our thoughts and request your
ideas as to how we can improve this.
Mr. Perez: Yes, but as elected officials, we are the per-
sons who receive the complaints later, you know? I think it
would be very healthy to consider the opportunity that these
people be heard by this City Commission to express their
point of view, and I would like to move a motion to have a
public hearing in reference to this issue.
Mr. Dawkins: Second it.
Mayor Ferre: All right, there is a motion now that the City
of Miami Commission hold a public hearing with regards to
the issue of meters that have been placed and those that
will be placed. Sir?
Mr. Weaver: With regards to the five-year plan.
Mayor Ferre: I don't think he is limiting it to any plan.
He just wants the issue of meters. My opinion is this - I
have no problems if the Manager is recommending this, as I
understand it. I have no problems accepting five-year stra-
tegic and financial operating plans as presented. I think
the issue that the Commissioner is bringing out is a valid
issue, and that is, how many more parking meters are you go-
ing to put and you are beginning to affect the fabric of the
commercial sector along Eight Street, for example, we have
many, many complaints. I have complaints right here in this
Metrorail station that is being built right here off of Vis-
caya and the one up on 27th Avenue. I had a delegation of
residents - people who live across the street, or in that
vicinity. Let me tell you what is happening already. Evi-
dently...did we put meters along those street? Because,
boy, they are gathering signatures and they are coming here
to protest what they perceive to be what is going to be an
abusive practice on Off -Street Authority's parking regula-
tions, because what they are saying is, that people are go-
ing to start parking in front of their properties and they
are not going to be able to park their cars.
id 1_ 5/1U/64
- - •1t-cur� - -
i �►ve�r:'. Nri ' Mayor, what is happened is two dirt 6- Nefrt
thifta. ' The fiest one is that as street patterns have been
changed by Metrorraii -.near those two, stations, they posted
"no parking, tow away" signs in front of people's houeen,,.
Mayor Ferre: You know but, as this lady told tie...this
lady happens to be a postal worker. In other words she
dame up to ere she said "You know, what am I going to do,
what am t going to dol I can't park in front of my.o4n
house now. Now, I am not going to park in front of my
neighbor's house. 'Where am I going to park?"
Mr. Dawkins: Mr. Mayor, you know, you hit the nail on the
head and I have been saying it ever since I have been here,
but no one seems to hear this. This Off -Street Parking has
fouled up the whole city! I've even made a motion up here
to put this autonomy operated system under the Manager so we
have got some control on what they are doing. Now, Mr.
Carlton, I am the elected official and I just like the May-
or said, I am catching flack, but I tell them this is the
place for them to come, and let them deal with you, because
nobody hears what we say up here, see. That operation does
not have to listen to anybody, and pretty soon people are
going to start taking their cars and knocking your meters
down.
Mayor Ferre: Go ahead, Mr. Weaver.
Mr. Weaver: One of the purposes of us having prepared this
five year document, which I believe you had not seen to
read, is to allow you as the City Commission to impact and
have direct input into the overall long-term, medium -term
and short-term policy of the Parking Department. We have
specifically laid out here in great detail what it is that
we plan to do. We are presenting this document to you as
the City Commissioners and as our bosses, which we official-
ly and publicly accept. As our bosses, we want you to tell
us, do you accept this as an appropriate way to proceed in
the short, medium and long term future? Now, if you don't
like something about this plan, we respectfully request that
you tell us what you don't like about this plan, because we
are positively trying at this point in time, to establish a
positive, ongoing dialogue with the City Commission for that
purpose.
Mr. Dawkins: Mr. Weaver, that is fine, but evidently you
didn't hear what Commissioner Perez said. See, you want me,
and this Commission, to sign off on what you want to do that
is creating the problem in the neighborhood, and the neigh-
bors are going to come back to me. All Commissioner Perez
said was "Okay, this is fine, I don't mind it, but let the
people in the community come here and let them tell me that
they are satisfied" and he said "We can go along with this",
is that what you said, Commissioner?
Mr. Perez: Sure, Mr. Weaver, I understand 1O0% what you
say, but we have to point out that we are talking about
2,000 new parking meters in the next five years, and I think
that that is very important that the people express their
concerns, especially the people in the affected areas. Now,
1 that is the only thing we are trying to emphasize.
Mr. Weaver: Mr. Perez, we could not agree more. We agree
with you 100$. What we wish to establish and initiate to-
day, is a process, and the process we want to establish and
initiate today is making sure that you, the members of the
City Commission, understand exactly where we think we ought
to go, Step 1. And Step 2, if you feel it is appropriate at
that point, once you understand where we think we ought to
go, once you understand that and you want to have a public
i
Id 14 5/10/84
E � r :"�s�; r.�u" - _ �s-� V�� B - •� :'ice: Lr��. may, {`Y
tearing -so that the public can get their input, V16666u. era;,
ao id _ 160 to 'do ' that {
Mr : Plora t` I think that it would be ver , , h6<1, ., t ,n tit;..
that proeeaa, giving the Opportunity to these people ao dc._
Oraae their donae'ehh and their point of view on this';.t
Mayor Ferro% I think, Mr. Weaver and Mr. Carlton, where we
are is this. There is a motion here on the floor,that basi`
pally riequests that we hold a public hearing on this dbou-
merit, as I understand it now, so therefore, I don't,think-we'
can make a motion of either of acceptance or rejecting..
First of all, let me say that I have read this document from
cover to cover. it is carefully thought out. It is a well -
conceived document that shows the serious concern and hard
work on the part of many people and many hundreds of hours
of work. I do not in any way want to...I am for this docu-
ment today. I will be ready to vote for it after we have
the public hearing. I think it is important that you have
the kind of support that you have from me from the rest of
this Commission, and I think it is important that you, even
though you are not the Chairperson (where is the Chairman,
by the way), I would like for the Chairman, and you, Mr.
Weaver, as obviously and interested and involved member, and
new member, at that, of the Authority, and for the other
members, Mr. Pantin, and the others, Gordon Wiley, etc., and
you, Mr. Carlton, to really spend some time making sure that
the other members of the Commission understand the document
that you have before us that took hundreds of hours of work,
and that you worked diligently trying to make a good public
statement. As I understand it, the Manager is recommend-
ing - is that correct, Mr. Manager?
Mr. Gary: Mr. Mayor, we are basically recommending every-
thing that they have proposed.
Mayor Ferre: In other words, Staff has looked at this docu-
ment?
Mr. Gary: We have looked at it. The concepts are good.
The only thing that we want to do with Off -Street Parking,
after you agree with the policy is work out the implementa-
tion phases.
Mayor Ferre: Now, there is a motion that this be brought
before a public hearing and that this - Yes, sir, Mr.
Fannatto. Go ahead, sir - very quickly.
Mr. Ernie Fanatto: Ernie Fanatto of the Taxpayer's League
of Miami and Dade County. Parking facilities downtown can
either break or make in its uses. If it is not correct, the
merchants can go broke and the billion dollar new industry
down there doesn't have the parking facilities, and I am go-
ing to be against any parking plan that doesn't go up.
there is not enough room to spread out downtown without in-
fringing like they are trying to do, on the homeowners, but,
my problem is, we need a giant parking lot downtown that
goes up. There is no more space. I want to give you an il-
lustration there. I had all the judges that were coming up
for election to an affair at Burdines, and I had about 30 or
40 civic leaders there, presidents of organizations and civ-
ic leaders, and what do you think happened? Now, I am going
to tell you what happened, Mayor. Here is what took place.
I gave them all complimentary tickets that was sponsored by
a private individual, and a lot of people called me up right
directly and said "Ernie, I appreciate the complimentary
ticket, but the parking facility cost me more than the
luncheon if I had paid for it". So how are you going to get
people downtown and protect jobs and get medium tax rates
from these people, the new buildings, if you don't protect
ld
15
5/ 10/84
y;. F f7- _.'k'�:i`S �N°S'b; n!'�,§•�+i"�s•f:_ ;�ka.=
the property that you are saseasingl And i am not goini to
go for :.anything . downtown unless it goes up rind.. cif the
Ong rf`i6il y, peon .e den i t giant to ' do it r let pri' if ` ontar"
priii do it# give them friee tAxea, but don't rob the peps -
pie, the people who tre-the life -blood of the merchants) and
the billion dollar industry that we need for taxes dovntouri.
` Thank you.
Mayor Werra: All right, well, l think part of the solution
is that next time you have a meeting, grniet you might want
to have it in some of the good restaurants in Liberty City,
in Little Havana, in Coconut Grove# where there is more a-
vailable parking! You know, you don't always have to go to
downtown!
(INAUDIBLE BACKGROUND COMMENT)
Mayor Ferro: And the other thing that I want to say is
this - no, I am not trying to be funny about this, but you
know, when you put up these parking lots in the air, like
building a parking garage, it costs $5,000 to $6,000 for a
parking space in a parking garage. It is - well, I will
show you some people that are building parking garages for
$6,000, and it may be that the Parking Authority may be
building them for $10,000, but I will show you the private
sector building them for $6,000.
Mr. Weaver: You have heard of public bureaucracy.
Mayor Ferre: Yes, but anyway - let me finish. Now, the
point is this, there is nothing cheaper than ground street
parking, because that doesn't cost anything, but when you
start building garages, you have got to charge for it. And
the reason why parking is now costing $4.00 and $5.00 to
park downtown, it is precisely because people have to go to
garages. Now, Ernie, you are right nevertheless. I want to
tell you - I don't want to get into a debate with you, be-
cause you happen to be right and I think - I don't know
whether you have had an opportunity to read this document,
but I would recommend that you do it, because these issues
that you bring out are exactly what these people are saying,
and they are concluding the same as you, so that worries we
a great deal. When you and David Weaver are in agreement on
something, I want to tell you, I am very worried!
Mr. Fannatto: ... (INAUDIBLE, OFF MICROPHONE)... this is ridic-
ulous, and they should be licensed and controlled. You just
don't spoil the economy of downtown because they have got a
monopoly on the parking spaces. But, let me tell you, if
the parking people can't do it, let's get private enterprise
to do it, and give them tax free taxes, so as to increase
our business, but protect your billion dollar tax money.
You can lose five times more money in losing that tax base
money than you would by giving incentives.
Mayor Ferre: All right, thank you.
the roll.
On the vote now, call
�!'" ';Z,4
a�'
The following Motion eras intrnduded bar C+�=i&$i0ft-
ort,:.P40Ar.; who moved its idoptinh:
LOTION NO. 84-516
A MOTION AUTHORIZING AND DIRECTING{ THE
CITY .MANAGER TO SCHEDULE A PUBLIC HEAR-
ING IN '99GAhD TO THE PROPOSED FIVE YEAR
PLAN OF FINANCIAL OPERATIONS OF THE OFF-
SThEET PARKING AUTHORITY" AND SPECIFI-
CALLY INVITING MERCHANTS AND OTHER MEM-
BEhS OF THE PUBLIC TO ATTEND THIS
MEETING IN ORDER TO PROVIDE A FORUM FOR
THEM TO EXPRESS THEIR COMPLAINTS AND/OR
CONCERNS IN CONNECTION WITH PARKING ME-
TERS IN THE DOWNTOWN AREA AND/OR IN
FRONT OF THEIR BUSINESSES OR HOMES.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None. .
ABSENT: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
-------------------------------- -----------------------
12. ALLOCATE $45 TO THE "DESERT OF FLORIDA KAZA TEMPLE" TO
COVER EVENT'S INSURANCE AND $7,493.70 FOR IN -KIND SERV-
ICES IN POLICE AND SOLID WASTE SERVICES IN CONNECTION
WITH THE "FIRST ANNUAL BLACK SHRINERS GALA DAY PARADE"
TO BE HELD MAY 269 1984.
------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, I would like to move Agenda Item
66. We passed 66 twice, but we didn't do a resolution,
so...
Mayor Ferre: Can we legally move 66? That is not a pub-
lic hearing item, is it?
Mr. Gary: No, that is a formalization of a previous action
of the Commission.
Mayor Ferre: All right, there is a motion on Item 66. Is
there a second?
Mr., Perez: Second.
Mayor Ferre:
Is there further discussion? Call the roll.
Id 17 5/10/84
S!=MAL
the
Following
resolution was introduced by 0622isaionar
Dawkins#
who MOVGd
its adoptions
->
RESOLUTION NO. 83-517
A RESOLUTION ALLOCATING AN AMOUNT NOT
TO EXCEED $45 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF LIFE FUND, TO THE
DESERT OF FLORIDA KAZA TEMPLE TO COVER
THE COST OF EVENT INSURANCE; FURTHER AL-
LOCATING A SUM NOT TO EXCEED $79493.70
AS FOLLOWS; $49993.70 FROM THE OPERAT-
ING BUDGETS OF THE POLICE AND $2,500
FROM THE SOLID WASTE DEPARTMENT FOR IN -
KIND SERVICES IN CONNECTION WITH THE
FIRST ANNUAL BLACK SHRINERS GALA DAY PA-
RADE TO BE HELD MAY 26, 1984; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, SUBJECT TO THE CITY ATTOR-
NEY'S APPROVAL AS TO FORM AND CORRECT-
NESS, WITH SAID TEMPLE FOR HOLDING SAID
PARADE; SAID ALLOCATION BEING CONDI-
TIONED UPON SUBSTANTIAL COMPLIANCE WITH
CITY OF MIAMI ADMINISTRATIVE POLICY NO.
APM-1-84; DATED JANUARY 249 1984; 'FUR-
THER AUTHORIZING CLOSING CERTAIN STREETS
TO VEHICULAR TRAFFIC ON THAT DATE DURING
SPECIFIC HOURS AND ESTABLISHING A PEDES-
TRIAN MALL, SAID STREET CLOSING SUBJECT
TO ISSUANCE OF PERMITS BY THE POLICE DE-
PARTMENT AND THE FIRE, RESCUE AND IN-
SPECTION SERVICES DEPARTMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolu-
tion was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
-------- ----------------------------------------------------
13. SECOND READING ORDINANCE; AMEND ORD. 9332 (CABLE TELE-
VISION LICENSE ORD.) BY DEFERRING THE REQUIREMENT FOR
IMPLEMENTING THE TWO-WAY INTERACTIVE SYSTEMS.
------------------------------------------------------------
Mayor Ferre: All right, we now have Senator Myers, who said
that he would like to say one more word on this. Go ahead,
Senator.
Sen. Myers: Briefly, Mayor, Commissioner Dawkins, 1 do not
believe you will object to putting to bed the interactive
ordinance on second reading. It is simply a technical con-
clusion to what you have already legally done, and I have
discussed the format of the ordinance with Staff. Sue would
like to take out a clause relating to review every three
years and I am walling to do that and would like to ask the
Id 18 5/10/84
9-.•w"rr,'
P 4
-
.'�
-••
l
to �• t' {F S>* i :_1`R. a &.�` 3
>1v
� i �, t -t this
to ie a1
rest
�► adopting . �h� 'si��df�� ��; , .
!� gg on o pu g y
r_ead0ig..:mf. the ardinafiae& It is What the.. commissiod: i t
"F
D&0in�Yn�{#: Sue,(. you are saying taking ,.nut e'Verji tiii; ,jrea *A,
nYF o,w f otxtd it�., i�"ead� thGa � �-aF T.w
- t•�
+Wbuld `nati Gimpy say that theomrriiaeiod,
when it, determined at any tine, *an oonsider the QuB#,tion in.
the future of irithrddtive servioes.
Mr. Dauk3,f,aa y move it.
Mayor Ferre: All right, it has been moved by Commissioner
Dawkins. Is i?re a second?
4
Sen. Myers: Flere is the revision that we are putting on re-
cord.
Mayor Ferre: Interactive?
Mr. Perez: Second.
Mayor Ferre: All right, it has been seconded by Commissioner
Perez. Under discussion, Mr. Manager, do you or Sue Smoller,
or whoever, or whoever, on the record, would you tell us,
does this administratively meet with your support? With the
changes recommended? 11
Mr. Gary: With the changes, which is every three years, we
will support it.
Mayor Ferre: What?
Mr. Gary: With the modifications every three years and oth-
er changes recommended, we recommend that you adopt this
policy as satisfactory.
Mayor Ferre: Well now, does this mean, Senator, that we re-
view this every three years?
Sen. Myers: No.
Mr. Gary: No.
Sen. Myers: We crossed out that...
Mayor Ferre: We review whenever we want to.
Sen. Myers: That's right.
Mr. Gary: Exactly.
Mayor Ferre: Okay, that is much better. Anything else -
Sue do you want to add to this? Mr. Manager, through you to
her? Mrs. Smoller, I am asking you a question.
Mrs. Smoller: Yes, Mayor?
Mayor Ferre: Is there anything else you want to add to
this?
Mrs. Smoller: I believe it should be at the decision of the
Commission when to bring it up. I think the question now is
which ordinance is up for the second reading, and I believe
that the City Attorney is making sure that this is indeed
the correct one right now.
Mayor Ferre: -We must be guided by the City Attorney's rul-
ing on that, so you work it out, Senator. Mr. Garcia -
Pedrosa, on the record now, from a legal point of view, does
this meet with your approval?
0
IMW
Hr- OaroiaPedrosas (live so a moment,'Mr.'"iyor.
Mayor: Fevre: The only corrections that have been :Made, -is
instead of , a re*VieW every; -three years, it is hbnb+re�► t�
this Commission wants to review it.
Sen- Myers: Let me try to clear up something and 'if it
can be cleared up now, then legs go ahead and o%ntihue
it. between the First reading and today, t made some•sug-
gested changes after discussing this with my client. I
passed on those suggested changes to the Mayor and I think
some other members of the Commission to look at. The people
I talked to about it indicated on the Commission that they
have no problems with that change language. I then, at the
same time the matter came up on first reading, put in those
suggested changes as well to Mr. Garcia -Pedrosa, and gave a
copy to the City Manager. They are, in my opinion, cosmetic
changes that simply to the bottom line means that whenever
the Commission in the future wants to determine by its vote
after notice of public hearing that it wants to reconsider
the matter of interactive services, it can, period! That is
all this ordinance now says. Now, I did put in some lan-
guage that I have already discussed with you that put in
some criteria that you may want to use. I don't particular-
ly care whether you do it or not, this is up•to the Commis-
sion. I said that you would determine that it is beneficial
to the subscribers after a cost -benefit analysis. Now if
you do not want that language, then that is strictly up to
the Commission as to a matter of style. The bottom line
is, you review it in the future when you want to determine.
Mayor Ferre: Mr. Manager?
Mr. Gary: Mr. Mayor, the ordinance that was advertised to
provide exactly what this Commission wanted, and what he
wants. Now, what happens is that, and you have conveyed that
to him before, he wants to draft his own legislation, and
the legislation that has been advertised has accomplished
what he wants with regards to two-way interactive systems.
That is item Number 30. If you look at Section 2 of it...
Mr. Dawkins: See, Mr. Counselor, this is the problem that I
have, you see. Now, we came up here wishing we were going
to get through with this. You have got through with this,
now you are going to Item 30. See, when I look up, we are
doing something else.
Mr. Gary: Well, this is Item 30.
Mr. Dawkins: This is Item 30?
Mr. Gary: Yes, it is a public hearing and it refers to Item
30 also. It is two items, one with cross -wiring and one
with this and Item 30 was a scheduled item which relates to
the public hearing.
Sen. Myers:
Mayor Ferre:
Mr. Mayor.
Yes, sir.
Sen. Myers: You know, this is really a very simple matter,
and I am sorry that it sounds confusing. The first reading
of the ordinance, the draft that was publicized on first.
reading has some language in it that says that it is...that
this matter...
(INAUDIBLE BACKGROUND COMMENTS)
ld
20
5/10/64
S
Mayor Parrot Are we, ready now, or not? Where are Iles 86fil a
tort
Sari' Myers: Mr. Mayor, when the ordinance dame up on first
reading, as it -was publiaited, it said that the commission
will deer inteiact3ve services until such .time in! _the , tug»
turn as the technology of the industry says it is oka jt � pb"
riod. tow, between that time and this second reading, I got
the word, the mandate tI don't know whether anybody.elss
did, but the Commission is? you don't want interactive serves
ices, period. You don't want to talk about the'teohnolbgy,
of the industry, or otherwise, so that, based on the only
legal technicality is do not do away with it forever, peri-
od, but to defer it in the future until such time in the fu-
ture that the Commission determines that they want to put it
in.
Mr. Dawkins: Mr. Mayor...
Sen. Myers: Now, all I suggested to you, in the amended
language is to do what I got a clear message from you, from
the majority vote of the Commission at your last meeting
that you wanted to do, and that was simply say, we don't
want it until such time in the future as we determine it.
And you can amend on second reading.
Mr. Dawkins: Counselor, you are hired by the cable T.V. to
look out for cable T.V. interests; therefore, when you pre-
sent your point of view, you must protect your client's in-
terest. The City Attorney is hired to protect the City of
Miami's interests. This Commission dictated to the City At-
torney that he write this legislation. The City Attorney
has written legislation in which he feels protects the
rights of the City of Miami. You have in turn written lan-
guage which benefits your client, which is what you get paid
to do sir, but we are going to accept what is given to us by
our City Attorney and that's itl
Sen. Myers: All I am telling you is, first of all, there is
nothing unusual about amending at the hearing on second
reading...
Mr. Dawkins: See, but if we amend it, it is we require the
amending. You can't come up here, Counselor, and tell us to
amend what our attorney has given us!
Sen. Myers: I am not telling you, I am just simply respect-
fully requesting that to carry through better the intent of
the Commission, the...
Mr. Dawkins: That is your interpretation. Our Counsel_c
doesn't interpret it like that, Counselor.
Sen.
Myers:
Well, all I understand is that the motion at
the
last meeting, as I...
i
Mr.
Dawkins:
As interpreted by yowl
Sen.
Myers:
No, I am reading it.
Mr.
Dawkins:
As interpreted by you.
Sen.
Myers:
I am reading it.
Mr.
Dawkins:
But he read the same thing.
Sen.
Myers:
It says "Motion establishing the policy of the
City
Commission
of Miami that they are not going to allow
installation
of interactive telecommunication services in
connection
with cable television" - periodt
t7
Id
21
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9E iw :, • • ... -. i :. .. :ice is
1r. Dat►kihDI Mrr. mayor - am gbift to` d� far it r
Mr. Dawkins: I'm going to defer it. I've talked to IOU.
u' and agreadi and now we are, badly here a�gt�itig. �►�d��'r
Sen. Myeras I have pointed out to you the ordinance that•,1
am disoubsing now$ Commissioner Dawkins, but if you want tb
r defeit, it is all right with me. I am not trying to. 'do
anything more...
Mayor Ferre: Excuse me, sir. Mr. Manager.
Mr. Gary: Mr. Mayor, first of all, this City Commission has
the right, just as it has in the past to make any changes•to
the ordinance as it deems fit. Now, the section we he is
concerned about is Section 2, Mr. Mayor, and that's informa-
tion. The key in this, is the last sentence of this aec-
tion. The self determination is such that the system is not
feasible. Feasibility this City Commission will decide -
decide what is feasible and what is not feasible. The City
Commission shall conduct an annual review of teh matter.
Mayor Ferre: I've got no objections to any or this, because
Howard, look.,.
Mr. Gary: You decide anything.
Mayor Ferre: Precisely! We are arguing over nothing. I
don't know what in the world you arguing so much about. It
is totally meaningless. All we are saying is that we won't
do any of this until such a time as a cost benefit analysis
shows that such system is beneficial to the subscribers, as
determined by the Commission! So, what are we arguing a-
bout?
Mr. Garcia -Pedrosa: No, no.
Mr. Gary: Mr. Mayor, you are reading his piece of legisla-
tion. That is the issue. He gave you his, as opposed to
ours.
Mr. Dawkins: Read ours! Let the City Attorney read ours.
Mayor Ferre: Which is ours?
Mr. Garcia -Pedrosa: Ours says, Mr. Mayor, that "The imple-
mentation is deferred until a date not later than December
319 1984, at :he Commission after notice and public hearing,
makes a full ;,frding and determination as to whether the
technology of thu industry has made such two-way interactive
services to residential subscribers feasible", so the dif-
ference is between the technology of the industry and a cost
benefit analysis.
Sen. Myers: The reason why I am suggesting the striking of
that language is because your staff could come up at any
time and simply say the technology of the industry now is
such that we should put in interactive services. Now, the
Commission may be legally bound by an ordinance to put it in
when you have indicated pretty clear at the last meeting
that you do not want it until such time in the future that
you..
Mr. Gary: Mr. Mayor, that is his mistake. The Commission
makes the decisions.
Id 22 5; _,,,�
sY`
Mayor Ferret Senator, I don't know what you are arguing haw
bouts I really don't. Look, I understand...
Sens Myers: Let's continue the thing, babause I Aid not,
think there was going to be in argument on, the 1Anguligel-
Mayor Ferret Listen to me for a second, all aright? Novi—
chat it says is, Section II is written in this d6oument that
the City Attorney vrote. It says that "If such determina-
tion is such that it is not feasible, then the Commission
shall conduct an annual review of the matter". All right?
Now, you have every two years, and now we struck out that,
so now what we have is, at the will of the Commission. The
Commission makes that decision. Now, what you are adding
into it, which I frankly have absolutely no objections to
add into it, because I don't think it makes a bit of differ-
ence one way or the other, is that "and a cost benefit cost
benefit analysis shows that such system is beneficial to the
subscribers as determined by the Commission. Again, it
doesn't make any difference on- way or the other because
this Commission in its majority can vote that the cost -bene-
fit analysis - all this does, it makes us come up with a
cost benefit analysis and then we decide whether it is no
good, or good, or whether we want it or don't want it. What
is the difference? One is six and the other is one-half
dozen!
Sen. Myers: I am satisfied with that language. The only
thing I am suggesting you take out is the annual review and
also my language saying review every three years.
Mayor Ferre: I understand Senator, and we all understand.
Now, the question is, I don't know what it is that we are
arguing about. Now, I can live with either one of these
statements. Sue, do you have a problem?
Mr. Dawkins: The argument, Mr. Mayor, is that we have a
City Attorney who has given us an opinion. That is the
point I am arguing and like you said, if is six of one and
half -dozen of the other counselor would not be concerned.
It has to be six on one side and seven on one side, or we
would not have this discussion.
Mayor Ferre: The point is that the City Attorney rules on
legal issues, not on substantive. This is a matter not of
law, but of what the policy of this Commission wants. I
will be guided by the Manager if you feel that there is a
major objection to saying that a cost benefit analysis shows
that such a system is beneficial to subscribers as deter-
mined by the Commission, if you have a problem with that,
then I will strike it. Otherwise, I frankly don't see that
it makes any difference. Well, that keeps...
Mr. Dawkins: Well. I move to strike it. Mr. Mavor. without
the Manager. Now, like you said, if the policy is not the
Manager's policy - it is our policy.
Mayor Ferre: I've got no problems with you making that mo-
tion. You get a second and I will accept it.
- - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - - - - - - - - - - - - - - --
NOTE: Commissioner Plummer entered meeting at 10:35 A.M.
------------------ ---- ----- --------------------- ------ ---•-
Mr. Plummer: There is a motion on the floor by Commissioner
Dawkins to defer this item.
Mayor Ferre: This is a substitute motion to strike this and
a cost benefit analysis...
ld 23 5/10/84
n
1
Hr,,, bswki'ns: Lot me bring Commissioner glummer up to 'date'
because he was asking. Commissioner Mummer, first 1 d��
tarred this. Then T. went but .to talk with the Counsolor:`.and
he assured me he could not get back this afternoon and he
would be here, and we would disouss it now. The only thing
we discussed while I was talking with him was the fact that
it was .a three year review and I was going to suggest_ . that
It be every two years because the make up of the Commission
changes every two years, but in the interim, it was changed
to annually, so now, the Counselor in my opinion is desirous
of putting in a cost effective survey, which he has to feel
in his mind will benefit his client at a later date and I am
for taking it out, because my Counselor did not say that, so
therefore my Counselor must feel that it is not beneficial
to the City of Miami, so that is how I feel.
Sen. Myers: Mr. Mayor and members of the Commission...
Mayor Ferre: No, wait, I am still running the Chair here.
Now, Commissioner Dawkins has made a statement, and I accept
it, and I've got no problems with that. My counter -state-
ment is that our City Attorney doesn't tell you, me, or any-
body here what to do with regards to a substantive issue.
Now, this is not a legal issue, it is an issue of substance.
The Manager recommends things on substance. I've asked for
the Manager's opinion on substance, and then you can make
your motion. I'd like the Manager, on the record, either he
or Sue or whoever wants to do this from the Administration,
give us an answer on this.
Mr. Gary: Mr. Mayor, the issue appears to be one of the
City Commission, at its discretion, at will, making a deci-
sion on feasibility without any specific criteria. That is
what you have here. You could come up and say, I do not
want to have two-way interactive systems. It is not feasi-
ble because I don't like two-way interactive systems. It is
simple, and you can vote. What he is trying to do here is
specifically identify the basis upon which you make your de-
cisions. The key factor there, Mr. Mayor, is that you de-
cide what is feasible and you decide when you think it is
feasible, and you can vote not to have it forever. I don't
think this is the major issue because it puts the policy
right back in your hands at all times. And he says the
staff is going to recommend. The staff can recommend that
we fly to the moon, but this City Commission doesn't have to
accept it. But it is not the staff that is doing it. It is
the Commission. The Commission makes the final decision.
Mayor Ferre: I can live with this document with either one
of these statements. As far as I am concerned, it absolute-
ly doesn't mean anything one way or the other now. I will
vote for it the way it is written in the agenda. I've got
no problem with that.
Mr. Plummer: Mr. Mayor, let me tell you where the differ-
ence is. You know, this thing is becoming extremely complex
and it shouldn't be, and it is a very simple thing. This
Commission has told the Administration, "We don't want two-
way interactive system to residential subscribers, period."
If the day ever comes that we want to allow it, we will vote
on it. Now, are you going, Mr. Mayor, in annual review and
all of this...
Mayor Ferre: No.
Mr. Plummer: Well, that is what this calls for!
Mayor Ferre: That has been struck, that is gone. You were
not here before - that is struck, that is gone. Anytime we
want.
I 5/10/f 4
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i:`e.", E- : , y, . ;; �a.>. e- t-;:. -.is^• . �, sir �".:
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sir. .ummert tell the City Attorney doesO t khow it is
f�► `fir . +brra: 'ire it�r k wi thkt it id bt i *
Atioraeydoss k,
d- ;
: u er: tious' tie ahuid you
s
miyor irtes Mr. City Attorney, We' have delib6kt"eA`1 NO 4
16hi time on this. As you heard earlier on` there '4 ff Ght . ri
booasion i, we ha'>i ,. AtrUok any referencee.` _ ,
know -'that .. 1, know that. The reoord ref leoth it. " It his
been debated here,,so what is the problem? Thera is ido refer
erenae to three years, to two years, to any years. 'Wheiever 4
the Commission wants, period! Now, what is the problem?
Sen. Myers: I am willing to accept that.
Mr. Plummer: So am I.
Mayor Ferre: So what is the problem?
Sen. Myers: Take out technology - take out cost benefits.
Mr. Plummer: No, no, not Don't put it int
Sen. Myers: Don't put it in, period.
Mr. Plummer: That is where you are throwing the fly in the
ointment. This Commission doesn't want it and this Commis-
sion or subsequent Commissions will make a determination in
the future if it becomes to their liking, period! That is
it.
Mayor Ferre: Are we ready to vote?
Sen. Myers: I am willing to accept* that, as long as we understand that first
is amended accordingly, the s'irst reading draft is amended
accordingly to carry out the intent that has been expressed
by the City Manager and the Mayor and the Commissioners.
Mayor Ferre: All right, now that we have gotten this far,
can we now vote on this thing?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC
RECORD)
Mr. Plummer: Wait a minute. Tell me what your problem is.
What is your problem, Commissioner Dawkins?... because I
might have missed something while I was gone. Is it your
feeling that you want polling?
Mr. Dawkins: I don't want it.
Mr. Plummer: All I am doing is trying to remove any kind of
this Commission's hands and any future, and at any time,
you, Commissioner Dawkins, or any other member of this Com-
mission can make a motion to activate it, so I don't know
how you could be...
Mr. Dawkins: I have no problems Commissioner. I have no
problems there. My problem is that it has to be something
good for the City (INAUDIBLE)
That is my only problem.
Mr. Gary: Opinion polling is from a different issue on the
agenda. It has got nothing to do with opinion polling.
Mr. Dawkins: We have argued almost an hour and fifteen min-
utes - the same words, exactly the same words. ...INAUDI-
BLE...
1d
5/10/a4,
A I
kr:..' Pi4fttr!.. Wait" :h �inut�e, wait a _ Aindte i LOV �i :`��f,,t
aoV` P any �td►ol offer Ar�yone�h a es. ' This id .a ooht f`st tt-` it
h6 `had to' ilipument it now. It is a cost faotor l It is dew
laying that cost factor tothe cable operator until such
. i time..t doesn't irelibVe- him of it - it does not relieve
him of it, but it .delays it until such time , as this CoMMisfa
sion sayb "We want it". This would have never happened if
the original documents that was made was understood. It was
not understood by the Administration from this Commission.
The Mayor made it very clear at this time this document was
drawn, we don't want it, but yet it appeared in the docu-
ment. So, all we are doing now, is deferring the cost fac-
tor to the operator until such time as this Commission deems
it wants it, period.
Mayor Ferre: Let me just for the record, say (I don't know
if this helps you any, Senator, just so we understand,
okay?) I am ready to vote on either one of these documents
and as I understand it, we are going to vote on the one that
the Administration presented in our package. I want to say
that if and when this matter comes up, if I am a member of
this Commission at that time, I would not deal with this un-
til we have a total cost benefit analysis made, until I know
that this thing works somewhere, whether it is Pittsburgh,
or Cincinnati, or Columbus, Ohio, and that such a system is
specifically beneficial to the subscribers that are going to
be receiving the service, both economically and otherwise.
Now, I would like to submit into the record, so that when
somebody reads this in years to come, if this matter ever
comes to plague us again, I want to submit into the record
the news story that appeared in the Miami News and that I
want it to be a part of the record. It was Miami New of May
9, 1984: "You or the jury should be hanged for lack of
taste" is the reason why I am opposed to interactive serv-
ices.
Mr. Dawkins: Wait, Counselor, except the wording just made
by the Mayor.
Sen. Myers: What is the language now of the ordinance?
Mr. Garcia -Pedrosa: Let me read it. Let me read Section 2
as revised.
Mr. Dawkins: Read back over here what the Mayor said.
Mayor Ferre: No, no, don't do that.
Mr. Dawkins: He doesn't know.
Mayor Ferre: Section 2, it is the intent...
(NOTE: BRIEF INTERRUPTION IN TAPE)
Sen. Myers: Why be tied to one criteria?
Mayor Ferre: All right, the Chair is going to rule that
this thing is going to be continued because if we can't come
to an agreement in the next 30 seconds, the hell with it. We
are just going to keep on going.
Mr. Plummer: May I proffer what is acceptable to me?
Mayor Ferre: Go ahead!
Mr. Plummer: Reading from Section 2:
"It is the intention of the Commission that the imple-
ld 26 5/10/84
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mentAtion 6f the use of .two-way ihteraotive �teri�itlee _tb . riig .:
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7.
t�1e _.ot��bbtbh``i��fi�r�+r�d uhti. ado% tilts as the C;ibidh
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deem's fdasib1ei""'
. Mayor Ferre: After notice and public, hearing.
:-
Mr. Plummer: If you want that, I have no problem.
--
Mayor Ferre: Yen after notice of public hearing...
Mr. Plummer: Feasible?
Mayor.Ferre: Yes, feasible.
Mr. Plummer: If the technology is there, we can't enforce it
Mayor Ferre: I have no objections to that line
Mr. Gary: Mr. Mayor, we can live with that language.
Mayor Ferre: Do you have any objections to that language?
Plummer moves, and with that amendment, is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion on second reading with the
second...now, for the record, so we don't have any...Mr.
City Attorney, do you have any problems with the language
from a legal point of view?
Mr. Garcia -Pedrosa: No.
Mayor Ferre: Mr. Manager, do you have any objections to the
language as read by Plummer from a substantive point of
view? Sue Smoller, do you want to add anything to this?
Do you want to add anything to this, Senator Myers? All
right now, are we ready to vote on this issue? Would you
read the ordinance, please?
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO.
93329 THE CITY OF MIAMI CABLE TELEVISION
LICENSE ORDINANCE; AMENDING THE APPENDIX
TO SAID ORDINANCE RELATING TO TECHNICAL
SPECIFICATIONS AND SYSTEM CHARACTERIS-
TICS BY DEFERRING THE REQUIREMENT FOR
IMPLEMENTING TWO-WAY INTERACTIVE SERVIC-
ES UNTIL SUCH TIME AS THE COMMISSION DE-
TERMINES THAT .SUCH SERVICES TO RESIDEN-
TIAL SUBSCRIBERS ARE FEASIBLE, AFTER
NOTICE AND PUBLIC HEARING, AND AMENDING
ALL PROVISIONS OF THE ORDINANCE TO CON-
FORM TO THIS AMENDMENT.
Passed on its first reading by title at the meeting of
February 289 1984, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote-
27/!O!!,
AYES i 4ommissionee Miller J & .1avkints
Coemieaioner J, L. Plummer, Jr.
Vioe-Mayor Dometrio J. Perez, Jr.
Mayor, Maurice As perre
NOES: tone.
ABSENT: Commissioner Joe Carollo
Y:
OW ROLL CALL:
Mr. Dawkins: In voting "yes" I still want to tell the cable
T.V. that it is too bad that do not have persons employed to
install, repair and equip and get this system operational so
that the citizens of Miami could reap the benefits that they
are supposed to be getting, as they have a counselor who can
come,, here and stop us from fining the company for not doing
what it is doing - changing language in the ordinances for
the benefit of the company. It is too bad that they don't
spend that amount of money and that kind of money to get
this system installed and operating right. I vote "yes".
Mayor Ferre: I vote "yes" and again I want to repeat into
the record that at such time as this is reconsidered, if I
am on this board, I will at that time at the, public hearing
insist that it be proven that this item is cost beneficial,
that it is beneficial to the well-being of subscribers, both
on an economic, technical, and in my opinion, is a major so-
cial issue involved which must be addressed at that time,
and I would like to, as I said, get into the record the
Miami News article which makes that point and I vote "yes".
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9831.
The City Attorney read the ordinance into the public
record and announced that copies were available to the mem-
bers of the City Commission and to the public.
Mr. Plummer: Mr. Mayor, may I, in the same vein, ask this
question of Mrs. Smoller: Mrs. Smoller, I have requested
you, and I have received your memo of April 26th about cost
factors comparing the City and the County. I have also
asked you for the number of employees that the County has as
opposed to the City. I don't find that anywhere here unless
I am to assume that the County has one employee at the cost
of $679000.
Mrs. Smoller: I believe there are about 22.
Mr. Plummer: There are 22 that are solely devoted to Cable?
Mrs. Smoller: Yes.
Mr. Plummer: All right, and how many in the City?
Mrs. Smoller: On a full time basis there are 6.
Mr. Plummer: 6. All right, and what is your budget for
this year?
Mrs. Smoller: It is approximately $600,000.
Mr. Plummer: $600,000?
Mrs. Smoller: That is correct.
Mr. Plummer: If you would refine those figures and send me
an updated copy, please.
Id 28 5/10/84
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inoludea -the ` un 'Its.", Nfida
`01'�Smer s
It does not include any
of the coats of the
a
attornaye Or any of that?
Mra. ginoller: '
Yes, it does, sir.
Mr. Plummer:
Okay, you give me a
complete breakdouni
please, Thank
you, Mr. Mayor.1
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14. FORMALIZING RESOLUTION: ALLOCATE $39000 FROM TIE GENER-
AL FUND TO THE PUERTO RICAN OPPORTUNITY - CENTER, INC.,
(ALSO RELATED MOTION: ADDITIONAL REQUEST FOR $5,000 FOR
THE SAME ORGANIZATION - REFERRED TO CITY MANAGER.)
r
r r—rr—r-----r----------------- -----------r—r---r--
Mayor Ferre: Agenda Item 72. Go ahead.
Ms. Alicia Baro: Mr. Mayor and members of the Commission,
my name is Alicia Baro and I reside at 271 K. W. 64th Ave-
nue. I have a dual purpose for being here. I think all of
you have a copy of the report from the Puerto Rican Opportu-
nity Center telling of the record we have for the jobs for
Wynward projects. I have some of the trainees right here
that I would like to present. I am here for the purpose of
asking for $15,000 that was promised at the time we were
funded for 18 trainees that we have pending.
Mr. Plummer: Excuse me - the request here is $3,000.
Ms. Baro: The $3,000 has to do with the food shelter pro-
gram which has...
Mr. Plummer: Well, that is all we can handle right now, and
support.
Mr. Baro: Well, that was something that was promised back
in February and we still have not received it and that is
the .reason we have that on the Agenda. I think there is a
copy here of a mailogram that has been sent by Congress-
man...
Mayor Ferre: Let me read it into the record. I think all
the members of the Commission have this, but I will read it
into the record again. This is from Claude Pepper.
"It is my understanding that the Puerto Rican op-
portunity center will be appearing before the City
Commission this Thursday to request funding for
their emergency shelter for the homeless. We both
are aware of the excellent reputation P.R.O.C. en-
joys within the community and that any funding the
City could furnish would be used in a most effi-
cient manner. Congress should within the next
couple of months appropriate $60,000,000 to
F.E.M.A. to provide funding for emergency food and
housing, thus it is my sincere hope that the City
can help P.R.O.C. keep its shelters open while
they await Federal funding...Claude Pepper, 'Member
of Congress."
Mr. Plummer: Mr. Mayor, that is fine, but the only item be-
fore us here today is Item 729 which is for $3,000. That is
LD 29 5/10/64
the ..end -of At. Vovs ,,this other item is .either .4fi ,-41d ,Attu
s 0 :1thatever but it-. -is riot soh �.
� . r!1 scheduled: item � on::_th�°-"-e�erid�t:;�;
fit ; :; Mir Ott f°, for ; purposes of staying legal, I Itill move . '24
72 to grant the approval Of the $3,000 as recommended by the
ytinaMer�-
Mayor Ferro: it has been moved and seconded. Further disc
oussion•on Item 72$ call the roll. „
The following resolution was introduced by Commissioner.
Plummer, who moved its adoption:
RESOLUTION NO. 84-518
A RESOLUTION ALLOCATING $3000 FROM SPE-
CIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, TO THE PUERTO RICAN OPPORTUNITY
CENTER, INC.; AUTHORIZING THE CITY MAN-
AGER TO AMEND THE AGENCY'S 1983-84 CON-
TRACT TO INCLUDE SAID $3000 IN THE A-
GENCY'S TOTAL ALLOCATION, THEREBY IN-
CREASING THE ALLOCATION FROM $1609000 TO
$163,000.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Ferre: All right, Alicia, while you are here, on this
telegram that we received from Claude Pepper, specifically
what is it that you and Senator Pepper are requesting?
Ms. Baro: Well, the $3,000 really is for the ... the food
and shelter program is for Administrative costs and other
costs that we have there, and back in February it was prom-
ised it to us and we have never received it.
Mayor Ferre: Now answer my question. I will ask it again.
What specific reason...we have already voted for the $3,000,
so you don't need to address that. That has been passed.
There is a telegram here from Senator Pepper, okay? And I
need to ask you specifically what it is that you want, be-
cause I don't have it clear in my mind.
Ms. Baro: Mr. Mayor the reason we are here besides the
$3,000 is because we have received notice from Mr. Claude
Pepper's office that we will be receiving funding for a two
year program and they are still in the process of appropri-
ating the funds and they fear that the $3,000 is not going
to be enough to keep our shelter open.
Mayor Ferre: Now let me ask you for the third time - what
specifically is that you want the City of Miami to do?
Ms. Baro: Keep us open until June.
LD
30
5/10/84
0,:9��+frnx-"$rear �_�5;��i�n:: q;?�., ram.. - _•`#._ya •?;° '' T "t _---
Ix
t� 60061 At is a ' ���� �en�r�►� �n�we�`: � ���� 'fit : � r�'�
kkitteggr��i , t6 , Yht f a both tifj6 . �hgt b1poei�g
�x ft
0ftt thtt .comilis aft ti tio?
N8,6 " baro I We aant the Commission to corer. out.' d6st or. At��
r month . of May r R.
'.: Mayor Ferro= Thank you for a straight answers W).
much is that going to cost? ;
Ms. Baro: Administrative and food will *oat like around
$5,000.
Mayor Ferre: In addition to the the $3,000.
Me. Baro: The $3,000 has already been expended.
Mayor Ferre: May I ask you in the future when somebody here
asks you a question, to speak to the question - just answer
it specifically.
Ms. Baro: Sorry, I misunderstood.
Mayor Ferre: I just want to get right to the issue. What
you are asking is for us to fund the month of May until you
receive Federal funding. Is that correct?
Ms. Baro: That is correct.
Mayor Ferre: Now, will you be returning that money to the
City of Miami once you get Federal funding?
Ms. Baro: I do not have that answer, Mr. Mayor, I would
have to ask the Congress about that.
Mayor Ferre: Okay, if possible, if this Commission grants
that, I want you to understand that there has to be a limi-
tation to all of this, because I understand what you render
is an important service to the community, but it has to be
understood, that you know, like anybody else, we have lim-
ited resources. Now, I've got no problems in voting on
this, provided, however, that if possible that we get that
money returned to us once...and I want to tell you some-
thing, if anybody can do something like that, it is Claude
Pepper, and I am willing to vote for it, based on Senator
Pepper's request, provided however, that if it is possible,
we get that money reimbursed in the future.
Ms. Torres: I will make my request retroactive. That is
far as I can go. I am the Executive Director of the Puerto
Rican Opportunity Center.
Mayor Ferre: All right, what is the wish of this Commis-
sion?
Mr. Plummer: Mr. Mayor, with the proviso that the money be
returned, I would move it subject to the Manager's approval,
if Commissioner Carollo has no objections, in 24 hours it is
approved.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion?
Mr. Dawkins: Further discussion - not that I am anti any-
thing, but now when I come down here with a food and shelter
center for Overtown and a food and shelter center for Liber-
ty City and I ask for $3,000 or $4,000 or $5,000, I don't
want no static!
I.A 1 5/10/84
i ,`���til"�"4"'.'.^ ,�l'n3 JHR : _ .�,Fi)er q' y'�e�YAIs� e�:1%�i';�` ��F•.;� _ �j." �• _ _ __ w Jey -. _ .-rL�, _
a ,,:t, .._mom ..r,,....� i��.�r:^ - - '•ic. ��'.: _ . .'i ��ga . �.::.� .. .
e
p fib• 7:
a j
(�:+tom•$.. 1
IOU ,Vill have tie oppqrtunity A
41626rits
%in
106i%: F*t1ra •
, Don # t, argua t ..^ :.......
; �, .. - ,�,•
Ther`.,t.
Meg: i %rk n' t .. 1- :`gym with' ou 100 _ n6,
-
Ay
world you..oaa
service everybody that needs to be
bervioed4
Mayor Ferre.,
Don't argue.
:.:...
Ms&' Torres:
May I say something?
Mayor P4rre: No. Further discussion? Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 83-519
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $59000 TO THE PUERTO RICAN OP-
PORTUNITY CENTER SHELTER FOR THE HOME-
LESS TO PROVIDE FUNDING FOR SAID ORdANI-
ZATION FOR THE MONTH OF MAY, 1984, SUB-
JHCT TO THE $59000 BEING RETURNED TO THE
CITY AT SUCH TIME AS THE CENTER RECEIVES
THE PROMISED FEDERAL FUNDING.
Upon being seconded by Commissioner PEREZ, the mo-
tion was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Ms. Torres: Mr. Mayor, may I request that you recognize our
trainees. They made a special effort to be here because
they wanted to meet you all.
Mayor Ferre: Thank you - would the members please stand up?
Thank you. All right now, you wanted to make a final 30-
second closing statement that you take care of all people, I
am sure. Is that what you want to say? All right.
Mr. Dawkins: It is impossible for you to take care of all
the needy people out there.
Ms. Torres: Well, Mr. Dawkins, if they walk into my office
and they are homeless and they don't have food, we give it
to them.
Mr. Dawkins: You don't have the money to cover everybody
darling?
Ms. Torres: We had it.
Mr. Dawkins: Okay, you can have all you need - I am still
get me some for the two areas and Grove that I talked about.
Ms. Torres:
No problem.
LD �2 5/10/64
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fag` _ ;s. •a �. /� '+3 .. � , � .. � .. - ;v }_:. 4, N'f:. � -
�-Matyor► -Perrt. 'Thank tyou,# thank you very mush.
:'�ill��i►iri�illrYirii��'��fi'Yrl�irlli�Llw��.ii1#IiiYfitii�IliiAiiiiii/r.iiiiiMY.rY.iYliY.iY1#pM�1��l1YN `-1`" - '•�!
15 6 <D►130381011 ITEM: WORLD TRADE CENTER TOV91, DIVELOPME01�►
BIFURCATED RAMP SYSTEM, 8T'C.
�iY.Wiwi.rrr�r�+r�r.r.rr�—rarrrr�i♦��i�rrr.r.lr#r���w.irrr�rr.rr.rir.r�rrrYr.r�riri+r(Yi#YwYriY► - ..
Mayor Ferro: Agenda Item Number "G".
Mr. Plummer: Yes, I've got some serious problems with that
item.
Mayor Ferre: Mr. Grimm, Item "G".
Mr. Vince Grimm: Mr. Mayor and members of the Commission, I
heard Commissioner Plummer's so I don't know what to expect,
but if has been just a little over a year since a represen-
tative of Dade and I appeared before this Commission to as-
sure you that the World Trade Center and Tower in fact was
going to be built. What I handed you today is a photograph
taken yesterday, which shows that we are now up to the
fourth level. I also want to assure the Commission that any
concerns we have with the UDAG grant are almost resolved
with HUD and we have the insurance policy provided by Dade
of $5,000,000 in escrow should that somehow or other fail.
Now, there are some problems that...
Mr. Plummer: You bet your bippyl
Mr. Grimm: Well, Commissioner, in a minute I will give you
a chance to ask some questions, but...
Mr. Plummer: Well, according to your memo, you don't have
the answers, so that's why we...
Mr. Grimm: Well, I am not so sure that they are other than
concerns, but they are not, in my opinion, any problems that
exist today that is going to prevent the City from ultimate-
ly having that tower. Now, maybe to short-circuit any other
conversations, if you want to ask questions, either Mr. Fine
or myself are here to answer them to the best...
Mr. Plummer: Mr. Fine, I have to know how do you partici-
pate in this thing, sir?
Mr. Martin Fine: For the record, my name is Martin Fine.
We represent Dade Savings in their relationship with the
City in terms of the Lessee and the air rights lease on it.
Mr. Plummer: And what are you asking of this Commission to-
day in behalf of your client?
Mr. Fine: I am here because Mr. Grimm asked me to be here.
We are not asking for anything.
Mr. Plummer: Well, okay, so then you won't be surprised
when I offer a motion to stop this project.
Mr. Fine: I would be shocked and surprised.
Mr. Plummer: Well, I don't why you should be - you filed
the lawsuit in behalf of your client against the City.
Mr. Fine: No, no, no.
LA 33 5/10/b4
Y
3?
s-5..:•. - -:`may `; .. _Y;t�, �.,.,,,!+�t'' , •et:,
�a4
.x
;.hy.
— ro
S '., �
VIUMMOrt +A, no, I AM reading rr�m the mi�m0. 11 `� k
aM _.hd with aftyWdy t6
With anbth+`r�l, -
• 9xons me, Vrio do you represents
Mr. Fitoo3 '6kay, let's make sure we understand where we Ar6
Mr. Plummer: You represent Worsham, or...
Mr. Fine: No, no. We represent Dade Savings and Loan.
Mr. Plummer: Exactly!
Mr. Fine: No, not exactly...who are the air rights Lessee.
The lawsuit you are referring to was filed by someone else
who previously had a relationship with Dade, no longer has a
relationship with Dade, and we are as upset about that law-
suit as you are. We did not file it, are not in any way
telling you that we filed it. I am telling you that we did
not file it.
Mr. Plummer: Mr. Fine, you are an honest man, and I accept
what you say. Mr. Grimm, you are lying! (LAUGHTER).
Mr. Fine: No way he is lying either.
Mr. Plummer: Well, you know, as Father Gibson (God rest his
soul) used to say, the English language is pretty clear.
And it says here "There are several problems with the par-
ties involved in the project that could have an effect on
the City" - (my pocketbook). As an example," Dade Savings
raised questions as to whether or not this garage was con-
structed according to the building code."
Mr. Fine: That's right.
Mr. Plummer: "This matter was reviewed by the Board of
Rules and Appeals and it was their determination that the
building was built in conformance with the code." "Dade", I
am assuming Dade Federal...
Mr. Fine: That is right.
Mr. Plummer..."however, has filed a lawsuit in the Circuit
Court to overturn the Board's decision." Now, that is...
Mr. Fine: I will clear that up if I may, I misunderstood,
because there are several lawsuits pending.
Mr. Plummer: We will get into the other one next, because
that doesn't involve you.
Mr. Fine: All right. Mr. Plummer, there is a question in
the minds of Dade Savings as to whether or not the construc-
tion of the garage complied with the City and/or South Flor-
ida building code. At the suggestion of Mr. Grimm, who we
have always worked with very cordially and cooperatively,
Dade went to -the Board of Rules and Appeals to ask for an
adjudication. The Board found in fact, that it had been
properly constructed. Dade using...we are not involved with
their lawyers, using another law firm, has filed a suit to
challenge that ruling. It has nothing to do with the ga-
rage. Dade is pouring millions and millions of dollars into
the garage continuously, every day, and Dade, and I know Mr.
Paul would make this statement if he were here, and I want
to make it on his behalf...
j) LD 34 5 0>r..4
fir•..
,M
3 t s it `. = t►et ' ~ Lehi YOU what the
, � � . h+�re y6-U' kB�w that. Youknow ��' dbh��`-Vol%lt�cgi
timb oh -city �usintes- Members -of the Commlation get°Ohhg
*5,008 a 441ir end it is `�► part time jobs
Mr. Plummer: 640 an hour!
Mayor Ferre: Excuse me. We don't know everything that is
going on 'all the time, okay? Now, for example, a lot YOf
people here don't even know who Mr. Paul ist and t aw sUP6
when you say Mr. Paul# they assume you are talking about Dan
Paul, or Bob Paul, or some other Paul. Explain who Mr. Paul
is.
Mr. Fine: Okay, thank you. Mr. Paul is Chairman and Chief
Executive Officer of Dade Savings and Mr. Paul...
Mr. Plummer: Excuse me. Since when?
Mr. Fine: Since about eight months ago.
Mr. Plummer: What happened to the man who came to my office
and said that he was the head guy?
Mr. Fine: No, no, that is Joe Ware who is the President.
Mr. Plummer: Oh.
Mayor Ferre: He works for Mr. Paul. Mr. Paul is the Chief
Executive Officer. The Chairman of the Board is a gentlemen
from Connecticut, from Bridgeport, Connecticut and that Sav-
ings and Loan Association came in and bought out the old
I Dade Federal. Marshall Harris and the Lipton family and all
those people that you and I are used to seeing here are
gone. They are no longer in the picture. The new boss, a
fellow by the name of David Paul, who is the Chairman of the
Board and Mr. Joe Ware is the President. He is the guy that
you saw. You know, I want to bring that out - you think
everybody knows that. Nobody around here knows that!
Mr. Fine: Thank you for bringing that to my attention.
Now, Mr. Plummer, specifically, the lawsuit filed by Dade
for clarification that is a concern of Dade and Mr. Paul a-
bout the safety, health, welfare of the residents of the
City of Miami and the County who may park in that garage.
It did not in any manner, for one moment stop his construe-
tion. That construction is going on under a contract with
George Hyman at a very fast pace and a very fast clip, and
it is moving along very well.
Mr. Plummer: Mr. Fine, sir, I don't take it personal with
you, okay? We know each other well enough. But, it is
nothing more than disguise in my estimation for future liti-
gation, if why they are not going to pay this City whatever.
Now...
Mr. Fine: Wrong. Wrong.
Mr. Plummer: Sir.
Mr. Grimm: Commissioner, I really respectfully request do
not speculate like that in a public meeting. This ques-
tion..
Mr. Plummer: I think we are going to speculate a hell of a
lot more today before this is over, so let's go from there!
LD 35 5/10/84
All
77777
Mry Orimmi t know):, but, this question, ifs it GVS'r d0bi-?
to ;the, final. resolution - dill be' one that the' - 3i 'r rftt } .ta
hold .its contrat�tor responsible for it. The City'!°` d>*tt a0
with Miami Center Assooiatbg is that' that, buildifit; Shbl=l
comply with all codes., -Mows it will be up to the O urtb°
finally nowt' to determine whether in faot � � it dohs: It - bli
already been through all the administrative level& 'and -"it
does comply. There has been expert testimony' staoks `'hf
documentation that thick ... and i feel confident that the
City's position will be upheld.
Mr. Plummer: Let me further read from the document, Mr.
Grimm, and the next sentence reads:..."The purpose of this
suit frankly escapes me." And it does me tool
Mr. Fine: I will clear it up - try to. You know, the
courts of law are there for people to say "We have a disa-
greement between ourselves and someone else and we would
like you to resolve it." In this ease, Dade Savings went
into court and said "We disagree with the finding of the Ad-
ministrative Board". Now, you have been party to hundreds
of those suits by the time you have been on this Commission.
The is no rancor, ' there is no bitterness, there is no an-
ger, there is no attempt at reaching any contract, and
frankly, Mr. Plummer, I am a little disappointed that you
would feel that this would happen, because these people are
pouring multi -millions of dollars into that project.
Mr. Plummer: Mr. Fine, I guess that attitude would not pre-
vail, sir, whether it was people you are presently repre-
senting or the people who previously were there who tried
to back out of this project. Mr. Grimm, am I correct?
Mr. Grimm: Well, the people who are there now tried to back
'!
out of it.
Mr. Plummer: That's exactly my pointl
=�
Mr. Grimm: But they are going ahead with it. The fact is
that it is under construction.
-
Mayor Ferre: J. L., and Vince, look - this has not been an
easy project, okay? It has been a very difficult project.
The people that we were dealing with in the beginning are no
longer there. This is a new group of people that have
bought out the institution.
t
Mr. Plummer: With the exception...
Mayor Ferre: Wait, wait. Now, when they bought it out,
they inherited something they didn't like. Now, you know,
when you buy a property with a new funeral home and it has
an ice cream parlor in the back, you may not like the ice
cream parlor. You may say "All right now, I want to get rid
of the ice cream parlor", but the fact is the guy has a
lease for three more years to run an ice cream parlor next
to your funeral home, and you are stuck with itl Now, you
!
try to get out of it if you can, but if you can't, you fi-
nally get to the point, you say "The heck with it, I am go-
ing to go ahead and build my second story funeral home any-
way, with the ice cream parlor on the corner." Now, what we
`
have here is a major American corporation from Connecticut
in the financial business that bought this very large say-
`
ings and loan association and as I understand it, they are
one of the top two or three in Florida right now - a very
!
big company. Now, one of the things they bought was this
building. Now, they tried to get out of it, you can't blame
them for that. Now they realize they can't get out of it,
jj
!i
so they are going ahead and they are moving ahead very
quickly and they are putting millions of dollars, which e-
LA 36 5/1o/84
=�•.
n
vontually will help us in our tax rolls.
people, -they have got there and they
ing; - tb build this building. Now, they are trying to ' OrOt bt-- '.
their. beet -interests, and whht they are doing ia, th- b
appealin# its a very civil kind of a way, whether or 166t-etch;
think is it beats -or a joist) and it is all kinds of technical
stuffi Now# they came through the Administrative prdobdure.
We said "ate disagree with you". Then we went to the County
Appeals Board and they said "We disagree with you, Mr.
Paul". Now, they are going to the Court and to the Judge to
see if they can make...now, for whatever, reason, that is
there business! It doesn't affect us.
Mr. Plummer: Mr. Mayor, I don't know where you got the ice
cream store, I know where the funeral home came from, and I
guess if I was a Latin funeral home, it would not be ice
cream, but it would be a coffee and cafeteria.
Mayor Ferre: All right, coffee and cafeteria.
Mr. Plummer: Mr. Mayor, listen. You are an engineer and
you were in the construction material business. I don't
know of anybody who would continue to build a house and
question at the same time whether the foundation was good!
That doesn't make sense. They are questioning that the bot-
tom part...they are questioning as to whether or not the ga-
rage was constructed according to the building code! They
are questioning whether it is built properly.
Mr. Fine: I would be glad to answer that.
Mr. Plummer: Wait a minute. How in God's name can intelli-
gent people stand there and question the foundation and tell
me that they are pouring millions of dollars above possibly
a bad foundation? It doesn't make sense. So, yes, my sus-
picious mind has to say to me, "Are they looking for another
way to get out that they couldn't do before?" Now, you
know, I would not put a dime in what I thought was a bad
foundation and I think they are smart enough not to do that.
Mayor Ferre: There is a answer, though. Mr. Fine.
Mr. Fine: I think it is very important, and I appreciate
that you are bringing this out. I frankly wish we could
have had an opportunity to visit and discuss it, but I am
happy to answer it now. I want to be careful, because we
want to get it on the record and make sure we are where.
Number 1, Dade Savings has already invested in excess of
$20,000,000 in this project. $20,000,0009 Number 1. Number
2...
Mr. Plummer: Let's go back to Number 1. It is my under-
standing they are above $24,000,000 and that is the very
reason they didn't back out, because they already had it in-
vested.
Mr. Fine: No.
Mr. Plummer: Go on to Number 2.
Mr. Fine: We are not going to argue that $4,0009000.
Mr. Plummer: I will argue about $4,000,0001
Mayor Ferre: Go ahead.
Mr. Fine: Number 2 - at one point several months ago, Dade,
when they came in to take this over, the new group had some
questions about the foundation. They discussed it with Mr.
Grimm, Mr. Poms, other people of the City. They brought in
LD
37
5/10/84
F�i
r^ �
their WOrts and they
resolved those 4uestions.. Thare - mr
no questions that were
unresolved as a result of th6fif y ,
ousbic�ns, . ; so , they ara
,disc
not spending all this sotidy°, 1% build...
big-_ over. what they felt wars that faulty, I forget :the t
tabhhiosl term - Vince
can tell you* it has something to do"
with .a floating foundation, Very speoifioally J. L.
please let me finish.
Mr. Plummer: I will.
;f
Mr. Fine: Very specifically, the problem under discussion
now can -be resolved one way or another for about $400,000`6r
$500,000 and it has to do with spraying some beams or WAR
ters. If ,it is a question of whether it is a beam or a
joist, I don't know the difference between a beam and a
joist. They do, there is some discussion about it. They
feel comfortable proceeding and I really think once and for
all we ought to avoid any conversation about backing out.
They have not backed out; they are not backing out; they
will not back out.
Mr. Plummer: I will only read to you, Mr. Fine, what I
based my opinion on, and that is the memo of Mr. Grimm who
is our in-house expert, and it says as an example - "Dade
Savings has raised questions as to whether or not the garage
was constructed according to the building code."
Mayor Ferre: All right, Mr. Grimm, on the record so that we
can get this behind us. Mr. Grimm, the question very spe-
cifically is this - now I have the advantage, as J. L.,
pointed out because I know something about this business,
okay? Now, I am an engineer. Now, the difference is not
structural in nature, dealing with the foundation. All
those serious problems have been worked out. What remains
to be worked out is whether or not the figment of a particu-
lar structural member is thick enough because of the fire
rating and what it deals with is how much they are going to
have to pay in insurance. Now, that is what I gather out of
what I saw. Nobody said this to me, but I read between the
lines and what they are arguing about is whether or not a
certain structural member is three inches deep, or it has to
be bigger. Now, if it has to be bigger, it can be cured for
under $500,000, and in a building that is going to end up
costing $600000,000 or $70,000,000, or whatever, $500,000 is
a problem, but not a major problem. Maybe it is a problem
for me, or a problem for J. L., or anybody from this list of
figures, but for somebody in a building of this size, it is
not a major problem. There is no technical reason why it
cannot be solved. There is no technical reason, and there
is no economic reason. What they are arguing about is mon-
ey, and it is big money for us, but we are not involved in
it. It does not affect the taxpayers or the citizens of
Miami. it involves the owner of the building. And what
they are arguing with is the City and Metropolitan Dade
County and the Appeal, and all of this, over whether or not
that thing should be bigger than three inches because that
will reduce their fire rating.
Mr. Grimm: That is exactly what we are talking about is
one-half inch more sprayed on...
Mayor Ferre: All we are talking and really, frankly, with
all due respect to Mr. Grimm on the record, it doesn't real-
ly affect us, the taxpayers of Miami, or this project or
anything else.
Mr. Grimm: No sir, as I said to you earlier, our contract
with Miami Center Associates requires that the building be
built in accordance with the code. If the Court decides in
favor of Dade Savings, that it does need another one-half
I LD 38 5/10/84
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-
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in6h oan6rete, then the City position At the Miami -M:=
r;': hNi �-7V�'.a��sl�9-. - .• .. - ,. � •• -? 4 'i'y,t �„+, i,'i;. -• - _>53
Mayor Ferre: It hoe for it to pay �'`. "•:
Mr, 'F1hmXior. Well theft' let tie ask the obviOue gvbfitlft`..r,
Why `isn't Dade Federal suing?
M � t3rimm: it is made Savings and bade Savings is 1. =hVVi'
not been able to get -that answer from them. '1 think ''hW`
Mayor's speculation as to the reason is probably valid and
that is that it has to do with the premium that you pay for
insurance.
Mr. Plummer: Excuse me, Mr. Grimm. If the Court finds in
favor of Dade Savings - you say it will not be the City, but
the contractor?
I Mayor Ferre: No, not the contractor. It will be between
i them. We don't care. In my opinion, you know who it is go-
ing to be? It is going to be the architect who is going to
get caught with this.
Mr. Plummer: Excuse me - why are they suing the City?
Mr. Grimm: They are not suing the City.
Mayor Ferre: They are not suing the City.
Mr. Grimm: They are not suing the City!
Mr. Plummer: Well, then I will stand corrected on that,
okay? All right, let me get to another point. You no long-
er are representing Worsham?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Well, okay, the other one is the lawsuit by
Miami Center Associates.
Mr. Fine: Mr. Plummer, let me suggest this to you. I think
that your City Attorney, when he has enough time to do it
and he is asked to do it, I am sure can give you a report.
To the best of my knowledge, there is no lawsuit pending
that in anyway— impairs your contract with Dade, nor do you
have any liaoiiity under it, nor do you have any exposure on
it, nor is there any problem that prevents that building
from going ahead at a very rapid speed and being ready for
occupancy in January, 1986. So, I can tell you in my opin-
ion, subject to view by your counsel and your staff, there
is no jeopardy the City has in connection with that lawsuit.
It is between those parties.
Mayor Ferro: All right Mr. Fine, hold on. Mr. City Attor-
ney, Mr. Fine is a very good and prominent member of the le-
gal fraternity. He has made a statement into the record
that -------- a lawsuit which affects this project. Now,
what he is saying in effect is that this is a lawsuit be-
tween them and not between us. Now, do you concur with the
statement he made?
Mr. Garcia -Pedrosa: Mr. Mayor, I've had an opportunity both
to review that lawsuit and to talk with Counsel, and I agree
with Mr. Fine's statement with respect to the City's inter-
est with only one small factor, which Mr. Grimm's memorandum
also addressee, but in all fairness, I think I should men-
tion it to you and that is the, in my opinion,
unmeritorious, but nevertheless present threat of an injunc-
tion. Now, you can't prevent a party who files a lawsuit from put-
ting almost anything they want in the pleadings. We have
1 bA 39 5/10/84
10
-16ok6d at its We On think it wtashee, Very fehtlkli'i'i
ft' Waat-- too call that' to your attention. +,4
Mayor - yerre:. Mr. Plummer,- I am going t6 put ih c avixii
against you because when I gent to Dante ' FA86ell Jr. Ia ful
neral, r scratched myself on the bush walking out of your
funeral -home, and i am going to ask the Court to put an in-
junction so that you will not be able to at any more funeral
! services there until you take care of my scratch as l walked
out. Now...
Mr. Plummer: Mr. Mayor, that happens to be a counter -suit,
because on behalf of the bush, we are already suing you for
damages. (LAUGHTER)
Mayor Ferre: Now, in effect, what these people are doing
is - it is a squabble between them again for moneyl See?
Worsham says "Okay fellow, you want me out of this picture?
Pay met" And these guys say "Look, we have already paid
you, man, we don't want to pay you any more", and then they
are saying "Well, we are going to sue you, and you owe us
for this and for that and for the other thing, and further-
more we are going to stop you building, and we are going to
put an injunction against this building, if you don't pay us
our money!" Now, what the City Attorney is saying is "Hey,
they are saying they are going to put an injunction", and as
a non -attorney, but as a person knowledgeable in these
things, I am going to tell you, they don't have a snowball's
chance in hell in stopping us from putting up the building.
Now, they may have a chance of getting their money. They
may be. Mr. Paul and Dade Federal Savings says "You owe us
$3,000,000 more or $500,000, but they don't have any chance
of stopping this building because this has got nothing to do
with itt How can they stop you from having funerals just
because somebody thinks that they had a problem walking out
of your shop?
Mr. Fine: Mr. Plummer, may I just make...
Mr. Plummer: On that item, because I want to go on to the
next item.
Mr. Fine: Sure, go right ahead.
Mr. Plummer: Being as how we are beyond the ice cream
stores and the rose bushes. Mr. Grimm, give me further de-
tails on your next paragraph on Page 2, and that is there
are differences with Dade Federal about the 9th and 10th
floors as required by their contract - another obvious unre-
solved problem.
Mr. Grimm: Not as required by the contract. If I said
that - wait a minute, let me tell you ...
Mr. Plummer: Let me read it to you.
Mr. Grimm: Let me tell you what the problem is. Dade Sav-
ings contractor, Hyman wants to lease part of the building
for use during construction - part of the tower.
Mr. Plummer: The garage building.
Mr. Grimm: Yes, they want to lease the 9th and 10th floor
of the garage and the first floor of the garage, which is
not a garage, but you know, where the offices ultimately
will be, for construction purposes while they are building
the tower. All I am saying to you is that we are in the
process of developing that lease and right now we are hag-
gling about price. That is all I am saying.
LD 40 5/10/84
M
Mr Piummert Okay, 1e0e get to the other itemb That is 1
PrOble0 '& far mm the ,M6trorail. Speak to 06 About tht . 964-
galled garage curtain wall. .
Mr. Grimm: Well, the garage durtain wall is the Barre aura
tain wall that will ultimately encase the tower.'
Mr. Plummer: Is that the skin?
? Mr. Grimm: That is the skin, and if you will remember aor-
reetly, when we were here a year ago, the�Commission passed
a motion at that time requesting that they proceed,. if pds-
sible with the installation of that skin. You were assured
by Marshall Harris at that time that the skin was here in
Miami. I believe it is in Hialeah in a warehouse. it is
fabricated. It is delivered. It is waiting. It is just
not practical at this time to put that skin on. We think
that you will see the skin start to go on when we get passed
the sixth level of the tower.
Mr. Plummer: What does their contract call for?
Mr. Grimm: The contract requires that Dade Savings install
the skin through their contractor, whoever that might be,
and at this stage of the game if Hyman is the same per-
son that built the garage. Now, let me tell you while I can. I put
all of these things in a memorandum, because you taught me a
lesson last time in a Commission meeting in which you said
that you have been hearing rumors to this effect. So I drug
up everything I could possibly think of that you may have
heard a rumor about. Now, that is the reason it is there.
1 Mayor Ferre: That's your second mistake! You see, let me
tell you that you are better off with your first mistake
than the second mistake, but let me tell you, after having
watched Plummer for over 10 years. The more of these things
that you put in here, the more he is going to - see, the
last time around it only took 10 minutes to get through -
now it is taking half an hour and it is your fault, Mr.
Grimm.
Mr. Grimm: I've learned my lesson though.
Mr. Plummer: Mr. Grimm, this tower is to be opened on Janu-
ary of 19867
Mr. Grimm: Approximately.
Mr. Plummer: What is the contract?
Mr. Grimm: The tower construction is to be completed in De-
cember of 1985. There is about six more months of tenant
work, which will be done for individual people as they lease
space, so ...
Mr. Plummer: When do they start paying us rent?
Mr. Grimm: They start - we have already put them on notice
to pay us rent.
Mr. Plummer: Starting when?
Mr. Grimm: I can't tell you the exact date, but the agree-
ment we have between Dade Savings and the City requires that
the time clock on rent starts as when we notify them that
the tower is ready to be constructed and we have done that
and that is in the process. Now, remember that rent is an
escalating factor. It starts out at $150,000 a year and
goes to $300,000 a year, based on either a time clock or oc-
cupancy.
LD 41 5/10/64
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fy
Ono
'I would like to GV-,
: ► i� as, "A 0� "Ai we, takethird - is* no! aati6r ar�,� �_thet�o,:��:
Mr,. Grimm i • '*
Sri Plummer: what about the extension .on the developm nt;,
order? to that on this agenda?
t
Mayor Ferre: That has got nothing.to do with this.
Mr.'Plummer% Okay.
Mayor Ferre: Oh, you mean on this one? On the World Trade
thing, you mean, J. L.?
Mr. Plummer: Yes, they are asking, Mr. Grimm and the memo
states that they will be asking for an extension on the de-
velopment order.
Mr. Grimm: We think that ...
Mr. Plummer: Final question,
you do not address. Are you
Savings and Loans has, or has
escrow for bifurcation?
Mr. Grimm on this memo, which
comfortable that Dade Federal
guaranteed their part of the
Mr. Grimm: I don't know how to answer that question, be-
cause I don't know the answer to that question, Commission-
er.
Mr. Fine: May I try to answer it?
Mr. Plummer: Please.
Mr. Fine: It is my understanding of the development order
that there a was a possible loan or other financial arrange-
ment between several property owners and the Dupont Plaza
area in the City, unless the City had arranged that City,
State and Federal government to pay for the cost of bifurca-
tion. We have been advised by Florida D.O.T. that all of
those funds are in hand and we have so advised the City and
it is our understanding that they had Dade has no obligation
to do that.
Mayor Ferre: That is also correct. Let me for the record...
t
Mr. Plummer: Excuse me, you have no obligation to what?
Mr. Fine: To fund any of the cost of the bifurcation be-
cause public funds are available for it.
Mayor Ferre: Let me on the record - Vince, I want you to
listen to this because this is a potential bone of conten-
tion. In February of last year - not this February, a year
ago, Mr. Rick Zaldivar of the Miami Herald wrote a blister-
ing article about the traffic mess that was going to ensue
in Dupont Plaza because we were making no headway in solving
the transportation problem. Now, the Manager, Steve Clark,
Merritt Stierheim and I flew up to Tallahassee, and we sat
there with the governor. And with the Governor, we laid out
a series of ideas and basically, in my opinion, it was a
little bit of buck passing. The State was saying that you
guys fund it and all this kind of stuff and along came good
old Claude Pepper and good old Sill Lehman and Lawton
_J 42 5/ 90/84
Ab
},
1 ei4
)t
1
Fy
y�y
t'
Chiles # they palled another one of these rabbit, A, huh,.'
hi►t and we Wed up getting full fundingtPoli- the ltdlr .
government and the State for the whole '32,000"000 f` 6
b,ifutoetsd system and relieved us of _the responsibility of
doing that. Now, even though we got blaster real bad on it
the newspapers, with all due respect,' never- reported all
thin, and even though there were no editorials, there was s
nasty editorial when the problem arose, there was not a.nioo
editorial when we solved it. And the fact is, on the reift
cord, we have now got in hand, in writing from the Pedbrel
overnment and from the State the funding for the full
32,000,000 expenditure estimated for the so-called bifur-
cated plan of Dupont Plaza. Is that correct, Vince?
Mr. Grimm: I said before Mr. Mayor I didn't know the answer
and I am glad you explained it to me. I had not been aware
of that until right now.
Mr. Gary: Mr. Mayor...
Mayor Ferre: Well, the newspapers had not reported it.
Mr. Gary: I can respond to that. You are correct and the
design of the bifurcated ramp is also 50% complete.
Mr. Plummer: That is in the memorandum I read it.
Mr. Gary: Right. I would say, Mr. Mayor, that that does
not, and I would not just recommend that the Commission re-
lieve those parties to the development order who agree to
the bifurcated ramp, of their responsibility because the
cost may be a little more than what was budgeted.
Mayor Ferre: I agree with that. I am with you, sir. Thank
you, Mr. Manager. Let the record reflect that nothing that
I said in any way implies, directly or indirectly that I, as
a member of this Board, or as the Mayor of this City, in any
way say that anybody is relieved of anything until it is
done. Okay? Thank you, sir.
Mr. Plummer: Mr. Mayor, that answer my question, sir, and
now I would like to speak to Mr. Grimm about the Convention
Center.
Mayor Ferre: Wait a minute, hold it J. L. Mr. Manager,
would you invite Mr. Goodnight, I think that is his name...
Mr. Gary: Yes, sir.
Mr. Grimm: Dr. John Goodnight.
Mayor Ferre: ... of the Florida State - ask Mr. Goodnight to
come before this Commission whenever he can, in June or
July, before we break in August, to explain to us where we
stand on the transportation and bifurcation problems of
Dupont Plaza.
Mr. Gary: Yes, sir.
Mr. Fine: Mr. Mayor, can I have 30 seconds to just make a
general statement about the World Trade Center? Mr.
Plummer, as a life-long citizen of the City of Miami, I want
to thank you for your interest in trying to make sure that
our interests are protected, and I understand the nature of
your question. On behalf of the World Trade Center, I real-
ly want to say to you that I hope as the answers to these
questions are unraveled, that we have a more supportive at-
titude about the Center. I think it is very important to
understand that Dade has a full, complete, emotional, finan-
cial and ethical commitment to do this Center. It is being
LD 43 5/10/84
�M.k1irY It Vile be builtY
CityY The . +pity could use
ara d6ing' - there are a
Gould ha'open
yytppit needs �y►,� Iot �Of, t�y�e��ly,p, try��t;..�th�e;
NoMe help f1' 6m Dade �Ani 'i hkt
lot Of very Wonderful things, Ahde -
�. .
Mayor Ferro: bade Federal Savings you mean, not DadeY�. F
Mr. Fine: Dade Savings - Dade Savings, right, and the rag* -
son we say Dade Savings is it is a State chartered savings
and loan as opposed to a Federal chartered savings and loan.
What I am really saying is, I am going to ask Mr. Paul when
the Manager gives us an opportunity to meet with the
Commission to have you meet him, to have him explain his as-
pirations and dreams for this tower, and I would hope that
we don't continue to build this under an aura of suspicion
and I think we ought to put to rest once and for all this
business of Dade wants to get out of that tower. It does
not. It is building the tower.
Mr. Plummer: Mr. Fine, you have known me a long time, sir.
I operate on one theory - cooperation is a two way street.
Mr. Fine: Right. I think there has been lots of two-way
communication here and effort.
Mayor Ferre: Marty, I've got to tell you. I would recom-
mend to you and through you, your client - you know, let me
tell you, when I first woke up to the reality in Miami and
in Florida, you know what I saw for the first time? The
difference in the way Disney - Walt Disney himself came here
with all of his people - handled himself and the way the old
man - the guy who wanted to build SeaDade, (what was the
name of that fellow?)
Mr. Grimm: Ludwick - D. K. Ludwick.
Mayor Ferre: D. K. Ludwick came in here and - he was Mr. D.
K. Ludwick, Mr. Big Man Billionaire - very big billionaire,
you know - muscle, money, power, and he said, "I'm going to
do this and I'm going to do that" and people didn't under-
stand! The poor man got into trouble and he had to go back
to California with his billions of dollars.
Mr. ..... Yes, lots of billions.
Mayor Ferre: Lots of billions. It was a loss to this com-
munity. Poor Mitchel Wolfson, God rest his soul was sick
about it. He said "My God, how can we do such a. stupid,
thing?" But, we did! Now, let me tell you, Disney came a-
long and another similar story was Aerojet General. J. L.,
do you remember when they were going to - Aerojet General
went out and bought all this land from the State, got away
with murder. They were going to put these horrible things
that were going to test the solid fuel engines and pollute
the skies of Dade County forever. It was unbelievable and
everybody here was fawning over them. You know why? Be-
cause they came here and they invited the Commission to
lunch and they had nice little pretty pictures and they went
to the Chamber and they got Don Shoemaker, who was editor of
the Herald and they explained what a great thing this was.
They did all their homework. And the Herald all "This is
the greatest thing", you know? "Let's give them 30,000 a-
cres of land for $1.00 an acre and let them pollute the
sky - that is great progress!", you know? But Ludwick was a
bad guy. My advice, sir, is you have got some good execu-
tives. You have got Joe Ware. Mr. Paul himself is a charm-
ing man. I would recommend that the next time - I know Mr.
Paul is very busy and Ethan, he is up in New York and trav-
eling around and what have you. The next time he has a lit-
tle time here, I would recommend that he invite this Commis-
LD 44 5/10/84
AL61k to,N little Yuneheon9 and perhaps maybe make a preseh�;
titibn so:.. that we 'know who he is - so that wee knov vhat�< -his {
iht6ib eta 1&0 in Miami . - so that Ve known that he ihteada tm.,
b aild 'this building and I think Ones' you do that-O < Miller,-,
Davkins) J. L. , in Demetrio and Joe Garollo Will have -w.
bitter understanding of what this is all about.
Mr. 'Fine: I appreciate that suggestion, and we will do its
16. DISCUSSION ITEM: PROPOSITION ONE; PERSONAL APPEARANCE,
MARTIN PZVEO ESQ., LAWSUIT REGARDING A.T.T. AND SOUTHERN
BELL* OT9ER CITIES TO JOIN; PRIVATE PHONE COMPANIES NOT
PAYING ANT FRANCHISE TAXES PRESENTLY.
Mayor Ferre: Before you leave, I've got one last thing I
want to say, and I think this Commission owes you a debt of
a gratitude, and I want to put it on the record. Perhaps
one of the members here might want to make the motion. If
not, I will be happy to do it. Ladies and Gentlemen, even
though I know Proposition One is a matter that is controver-
sial in that we have different opinions as to whether it is
good or bad, in my opinion, the majority of', the people in
the City of Miami and I am talking especially about poor
people, the people who are less than fortunate in their eco-
nomic standing would have been severely hurt beca%ise Propo-
sition One out ten different ways would have greatly cur-
tailed the services of governments likes Metro and the City
of Miami and others - School Board and others rendered onto
the citizens totally on a pro bono basis. Former Chief
Judge of the Supreme Court of the State of Florida, Arthur
England, and former Metropolitan Dade County Attorney Stuart
Simon, and Mr. Fine, took it upon themselves to go up to
Tallahassee and fight this in the Supreme Court. It didn't
happen in Jacksonville; it didn't happen in Tampa; it didn't
happen in Orlando, or St. Petersburg. It happened right
here in Miami and there is the man that did it. He went up
there and fought a very, very, tough battle, which is very
difficult to win, but he won! And I think he won for the
people of Miami and the people of Florida. I just want to
tell you personally, Mr. Fine, that I, as the Mayor, and as
a member of this Commission am very proud of what you, Judge
England and Stuart Simon accomplished - a major task, and I
just want to tell you that on behalf of the City of Miami,
at least from my point of view, we are very grateful.
Mr. Fine: Before Ernie rebuts what you have to say, may I
just say that I appreciate those comments and it was an ex-
hilarating and exciting intellectual experience for us, and
we are pleased that it turned out as it did. I must share
with you that I don't think we have heard the end of it.
There are several bills pending in Tallahassee and Barry
Kutun's office asked me to come up and testify and I made it
very clear we were not going to do that. We didn't act po-
litically there. We acted from a legal point of view, but I
suspect you all better watch the store up there, because
there are some very serious bills pending.
Mr. Plummer: My serious concern - very serious concern that
everybody has a taken a posture that says it is over, but is
not!
Mayor Ferre: I know it is not over. Before you go, and
then I will recognize you, Ernie, in a moment. Marty, there
is something which I don't want to get into at this time,
,,but I want understanding. You know, we have a pending law-
LD 45 5/10/84
_ �' Y •Y3uIN
1. suit. with A AAT. and Southern bell, And thig i fibt `i ti
tithe to. do it, but at tie appropriate time a And thi �khtbn
it is . not the tige today is because I_ want Co ttiisI: q*r
Car6116 tb : be here. and he had asked that he be ,present I
that.'discussion, but we need to deal with the' millian's.of
dollars that the City of Miami is not .getting b6oau a io
this breakup of Southern Sell into seversl pieoes,.And i'b
are not getting what we used to be getting from the ph6n6
company because now it is A.T.&T. and Southern Bell and ghat
have you. Mr. Garoia-Pedrosa, on this particular issue, 1
had asked your office to look into this matter because Met-
ropolitan Dade County is looking at a potential of suing
A.T.&T. for a breach of their responsibility and the Bade
League is about to enter this lawsuit. I understand that
other cities - Fort Lauderdale, Palm Beach, many, many other
cities around the state are now looking at this lawsuit.
Further, I understand, Mr. Manager, that you have recently
received, or the City Attorney has received a letter from
A.T.&T. saying "Don't bother us, we are not involved, and we
don't recognize, they are not our responsibility" and so on. I
would like to be brought up to date as to where this all
stands.
Mr. Plummer: We are going to get into that again this af-
ternoon, Mr. Mayor, with A.T.&T. There is another item on
the agenda.
Mayor Ferre: I know, but Mr. Fine is here, and Mr. Fine's
law firm are also involved in other areas, and I just won-
dered if he has any comments, but I want first to hear form
the City Attorney.
Mr. Garcia -Pedrosa: Mr. Mayor, pursuant to the Commission's
instructions, I wrote a letter to A.T.&T. similar to the
letter sent by Metropolitan Dade County and a number of oth-
er municipalities demanding that they make these payments
that have not been made to the City of Miami. As you just
said, and I was the recipient of the reply. I received a
reply basically turning down our claim.
Mayor Ferre: Did you send us a copy of that?
Mr. Garcia -Pedrosa— Yes, sir.
Mayor Ferre: I have not received a copy of that.
Mr. Garcia -Pedrosa: You asked also with respect to this
matter that I contact or write to Southern Bell, which I
have done, and have received a reply as well, which we are
in the process of looking at with respect to whether with
assignment in violation of that franchise. But with respect
to the payment, we now have a situation in which demand has
been made by the City and that demand has been refused by
A.T.&T.
Mayor Ferre: And what is your recommendation to what we are
doing?
Mr. Garcia -Pedrosa: Mr. Mayor, I also obtained from the
County Attorney's office a copy of the lawsuit that the
County Attorney's office has filed on behalf of Metropolitan
Dade County with respect to the same issue, and I think the
next logical step, in light of the refusal of A.T.&T. to
make any payments would be to proceed with litigation in or-
der to determine the entitlement of the City to these monies
that are not being paid.
Mr. Fine: Mr. Mayor, if I may, so I can go on. Just in re-
sponse to your question, our firm has met with several of
the municipalities' representatives and spoken with them in
l
i
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S '
d's ''and Ntow'Ard +''Ounty. I met with i0ePAI 461061%8
start, it 'it a Very serious problem and a Aerlous ";4Uiitt1U�
l-siso wikht to tell You that sort as time goes around as J.
L.,'btyw, you are here- log enough, things happen. It you
remember, when the franc ise was being renegotiated, 1
raised the question on a public oitisen basin of taking ; in-
trastate Balls for sure, and possibly interstate. ThAt is -
Due has now surfaced again at the State level. the State
stands to lose approximately $130,000000, and I agree with
you, I think it is a concern and it is one that obviously
you are going to address.
Mr. Plummer: Well, there is also a second part to this,
Marty. The second part is something that I have been trying
to bring out for two years, and that is the private phone
companies - the Exeoutone, Stromberg-Carlson, all of these
other private are not paying any taxes whatsoever. And it
would seem to me, if they are coming in and putting our
franchise out of the business, that they should have to as-
sume the same obligations.
Mayor Ferre: Amen to that!
Mr. Fine: You see, the problem is, and frankly, if you will
recall, Mr. Merrill and others, we discussed it. There is a
whole question of what communication really is. For exam-
ples, computers talking to one another is a form of communi-
cation over lines which are over your street.
Mayor Ferre: I will tell you, Mr. Fine, I know you have to
go, but I would like very much for you and our City Attorney
to discuss this, and I would like to have a report back form
the City Attorney, if not by the next meeting, certainly by
the first meeting in June.
Mr. Fine: We would be happy to. We have done a lot of re-
search on it,. We are working on it. We have seen the
County suit. The County has no franchise. They just col-
lect utility tax, so they are different.
Mayor Ferre: Thank you.
Mr. Fine: Thank you very much.
Mayor Ferre: Go ahead.
Mr. Ernie Fannatto:. ..(INAUDIBLE). ..Marty Fine and the rest
of the firm are one of the best and most knowledgeable firms
and they did win the case, but let me tell you something.
There is a tribute to the Proposition One as far as I am
concerned. You know what it is? It seared the hell out of
the Governor and some of the other people up there and they
are going to have to reduce State taxes $200,000,000. So
some good came out of it.
Mr. Fine: Thank you for your courtesy, Mr. Mayor.
------��---��----------�---------------------------------------
17. DISCUSSION ITEM: PARKING PROBLEMS AT THE MIAMI CONVEN-
TION CENTER.
------------------------------------------------------------
Mr. Plummer: Mr. Grimm, in Convention Center related prob-
lems - I want to tell you first and foremost that the people
who are operating the valet parking are doing a very good
Job, in my estimation, but there are limitations to all.
Mr. Grimm, I attended a function there last Friday night in
LD 47 5/10/84
6
Sti
Mr. plussaer: Mon't) Alah there were 1,100 people in the balltoom. W, t1ii
want to tali you from the officials of that orgata tationi that they vi�,
never go back to that Wyatt-kegency because of the partying pto'blea. chap,Said. '
that just fiat that some of them it took an hour sad fifteen iaiautea to het
off, of the expressway to be told there was no parking. Novo Mr. Ctis�it,
looked rriday night6 the parking garage wasn't full.10
1. am saying to =,
you, sifr, that you better get some people. I am convinced that the
pa6ple who were sitting that# bitching did not knout about the' packing
31
. gsrage and the facility. Whether or not you have to get additional
valet psrkers to take them to the parking garage, if that is the
answer, 1 don't know. I can tell you that the directions signs are
totally inadequate. There is no provision for the signs to direct
people to the garage nor under the present conditions is it accessible .
for people most of which come off I-95 to get back around to that parking
facility. To completely continue to forget about it is going to mean
less revenue into that facility, which means less reduction of the bonds.
I'm telling you it is a serious problem, because that's one 19200 people
banquet we will not get back. I would hope that between you, if it is
you, and the Off -Street Parking Authority, whomever it is, you better
be cognizant of the problem that is existing and you better address it,
because if you don't, you are going to see the Hyatt fold.
Mr. Vince Grimm: Thanks for calling this to our attention, Mr. Mayor,
I'm sure everyone will look into it.
.-------- ---------- ------------------ -
18. SUPPORT IN PRINCIPLE OF PROPOSAL CONCERNING THE ESTABLISHMENT OF AN
"INTERNATIONAL CURRENCY AND BARTER EXCHANGE" IN THE CITY OF MLAMI.
Mayor Ferre: The International Barter Exchange ... I tell you, Mr. Lucio...
item 12, out of courtesy to others, let me explain. This gentleman
waited all last meeting we met. Where did we meet? Flagami, and this
man sat there all afternoon waiting to be heard and finally, after five
or six hours, he finally gave up and left. So, we promised him we'd
take him on early today. Before you speak, we have a request here that
I have just received a note from Commissioner Carollo that he does have
a fever, but he is going to be at Liberty City this afternoon for the
3:00 o'clock session. He wanted us to hold back on items F, I, and item
number... ordinance on first reading, the I1:00 o'clock, that is zoning
atlas 9500. Now, Mr. Traurig, I know you are around here someplace.
Do you have any problems with that, because Commissioner Carollo said
he wanted to be present for that item.
Mr. Robert H. Traurig: We are very happy to have it deferred to the
3:00 P.M. session.
Mayor Ferre: We'll take you up first.
Mr. Traurig: Thank you.
Mr. Saturnino E. Lucio II: Mr. Mayor, Mr. Commissioners, Mr. Manager,
Mr. City Attorney, ladies and gentlemen, I'd like to thank all of you
for the opportunity to address the Miami City Commission on the subject
of legislation currently before the Florida Legislature to establish
an institution called the International Currency and Barter Exchange.
The International Currency and Barter Exchange will be a central facility
for trading companies can meet and negotiate and conclude transactions
for the sale and exchange of all types of goods and services. It is the
first institution of this type anywhere in the world and a sign of south
Florida, and in particular, Miami's maturity as an international center,
for trade and commerce. The concept has attracted world wide attention
and support. I will go through some of the institutions that are currently
supporting it. For example, the U.S. Department of Commerce in Washington
has called it an imaginative solution to the problems of illiquidity in
Latin America. Euromoney, which is one of the leading international
trade magazines in the world, will come out with a major article on
the exchange in September.
'! Mr. Plummer: Sir, let me ask you a question. Is the only thing you
are asking of this Commission is support for legislation?
f'
�} Mr. Lucio: Yes, sir, that is correct.
48 5/10/84
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wa+Ve all had the opportunity t�
Mt' _
1+1u�►er: �• Mayor, Y thin
.ig in. our packet.
-th+twhich .7
Mayor Ferre: Yes; sir.
plummoj,' I'think it is good for this community and i would so
move that we approve item 12.
Mr. Perez: Second.
-Mayor Ferre: There is a motion and a second that the City Of Miae•1.
'go on record as approving item 12. Is there further discussion?
Mr. Plummer: to support of legislation only.
It that. Further discussion? Call the roll.
Mayor Ferre: Yes, understand
The following motion was introduced by Commissioner Plummer, who moved
4
its adoption.
1
MOTION 84-520
A MOTION SUPPORTING IN PRINCIPLE A PROPOSAL CONCERNING
THE ESTABLISHMENT OF AN "INTERNATIONAL CURRENCY AND
BARTER EXCHANGE" IN THE CITY OF MIAMI, AS OUTLINED
IN A BILL PRESENTLY BEING CONSIDERED BY THE STATE
LEGISLATURE.
r
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
-
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
j
NOES: None.
I{
'
ABSENT: Commissioner Joe Carollo
�jMayor
Ferre: Mr. Lucio, I want to thank you, and you would also send
I know also has been waiting on several
1
our thanks to Lester Freeman, who
Commission meetings for this item to be heard. I appologize that it has
taken so long. Let me tell you that in my opinion this is every bit as
the Americas, which has been a
important as the insurance exchange of
major contributor to the economic strength of this community. That is
the wave of the future, especially with Latin America, the way things
point; it buys
are happening, since Miami is their main purchasing
doll worth of busine
Toayou
billions of To major contributorftooureeconomicunitedstates healtho
This is going o
and your associates, our thanks.
Mr. Plummer: You write a good letter, sir.
Mr. Lucio: Thank you, Mr. Mayor, Mr. Commissioner, I would simply like
to add that the legislation has already been passed unanimously in the
Florida Souse of Representatives, and we expect it to pass the Florida
Senate within the next two or three days. Thank you very much.
49 5/1.0/84
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40-a- , DISCUSSION .ITEM., p0Y` IAL PROI t�tt� 911AVIANCS .��
THE A)MAICAS. CITY MANA091 TO DISCUSS FINANCIAL STATU 61Olt
IIwiYWfYriiii.ii�i�iii►.ilil.li.4.Yidi�fi.►riNiraiiYLWi..w`rl�iiifYlYYY►rrii W111YYiYYr.YiYY1i►ribiYYiJiiiWWiifi...��NfYY�aW�i.i�W� .•-
Mr. Plummer: Mr. Mayor, you made mention of the insurance companies of
America. What is the proper title of that?
Mayor Perre: It is called the Insurance Exchange of the Americas.
Mr. Plummer: Mr. Gary, to dispell some rumors I have heard, I would
ask you, sir, since the City is a participant in that, I would like a
memo from you, air, as to the well'being of that organization and any
projections on that organization. I have had some rumors that are not
pleasant. I hope that they are wrong. The only way I know to make them
proper is through a memo from you to this Commission.
Mayor Ferre: Let me say that I also have heard some of these rumors,
and I specifically went out of my way to call Bill Sadowski, former
Representative of Miami and sort to speak the father of the creature
in the Legislature. He has told me that unfortunately Mr. Alan Viels,
who was the Executive Director, is no longer with them and that part of
the problem comes ... part of the rumors comes out of that, J.L.
Mr. Plummer: Mr. Mayor, regardless of the rumors, it said....
Mayor Ferre: Got no problem with that, but I just wanted to tell you
that I talked to Sadowski. I talked also to Mr. Arkie, and they said
that it's doing well. But I think we need to get that specifically in
writing from staff.
Mr. Plummer: Especially when the City has $500,000 in there.
20. DISCUSS IN PRINCIPLE THE CONCEPT OF THE ESTABLISHMENT OF AN AVIATION
MUSEUM AT DINNER KEY MARINA IN CONJUNCTION WITH APPROPRIATE OFFICIALS
OF PAN AMERICAN WORLD AIRWAYS.
Mayor Ferre: The next item requested is item "J", which is Pan American
Airways Museum. Are the representatives ... is Mr. Pierce here? Charlotte,
do you want to introduce this? Item "J".
Mr. Plummer: Mr. Mayor, before you do, may I ask the question of how
this matter even came about? This is the first that I've heard of it.
I understand there was an article in the paper, and yet I find a letter
in my back-up material indicating that this is going to be a reality by
the City, and I know nothing about it as a Commissioner. Has this Com-
mission approved any action whatsoever? No? Excuse me, I'll get my
letter out.
Mr. Gary: No, we haven't approved anything.
Mayor Ferre: I think that is what this discussion is all about.
Mr. Plummer: Well, Mr. Mayor, give me just a moment. Will you, please?
Mr. Mayor, it is a letter signed by you. It reads to Mr. C.Edward Acker:
"The City of Miami is presently considering the creation
of a landmark project to commemorate a significant chapter
in aviation history...."
I don't know of any Commission action that this matter has been brought
before.
50
5/10/84
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Ferret bbviouelP.. .
Mr. Plummer: ` tcuse Ine, Mr. Mayors let me .verify that. This letter
has been sent?
Ms. Gallogly: Yes, it has.
Mayor Ferre: Yes, absolutely. This letter was sent to me by the
Manager for my signature. I have no objections. It doesn't obviously
commit us to anything. I have no problems with this.
Mr. Plummer: Well, Mr. Mayor, I'm sorry to disagree.
Mayor Ferre: Fine.
Mr. Plummer: It does commit us to something, because Ms. Gallogly's
department, obviously according to this memo has been spending time
-time is money- in this pursuance, and to the extent that one person
is presently almost -as I understand it here- full-time, and yet this
Commission has not made such a determination.
Mayor Ferre: J.L., I might remind you that for months and months you
were dealing with Rafael Sanchez.
Mr. Plummer: Yes, sir, at this Commission's directions.
Mayor Ferre: No, no, no, sir, that came much later.
Mr. Plummer: No?
Mayor Ferre: And with Steve Ross, and with Dusty Milton, and with all
kinds of people on something...and thank God you didt You know, when
it finally came out that this was, as you know, not only cooked and
baked and half digested, it was damn near all done, and I have no problems
with that. All we are doing here is try to talk to Pan American to see
if we are lucky enough to try to get Pan American interested in helping
us with an idea which is at its inception right now. As a matter of fact,
it's not at its inception, because this has been going on -that I know of,
and Mr. Pierce can further comment on this- for 15 to 20 years. As you
know Pan American Airways was born in Miami. This building we are in
used to be the ticket office. There was a counter right across here
on that side and on that side, and people would come here to purchase
their tickets and check in and walk out and get on the sea -planes and
fly out to South America and Europe right here. It is part of our
history. All we are trying to do is to see if we are lucky enough
to get all these Pan American pilots and these old Pan American hands
to help us build a museum. This is at the very, very inception.
With all due respects to you, I don't ... and I haven't been doing
this. Chalotte has been working on it. The people in this City have
been working on the historical association. I really think we shouldn't
throw cold water on people's attempts to build good things for the City
of Miami.
Mr. Plummer: Mr. Mayor, I find no fault in what you say. I don't think
that I have any problem with the project. I have a problem, Mr. Mayor,
when something is done -whatever the word is- done and over with before
it is brought to this Commission.
Mayor Ferre: It has not even begun, much less done.
Mr. Plummer: Excuse me, Mr. Mayor, let me read to you from a letter that
obviously was sent by your office; and if I were Pan American, I would
assume it was done.
"We are proposing to establish this project with displays
exhibited within an area of the marina office in Dinner
sl
�1 5/10/84
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An
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Mtn. t1�ttuftyet� {(Carl,
t) t K�ei�r, r
�yprtalun ivy��taa i y�� �i �ly. �,�y►� -t - -;�
i7taiiDY
Si ted: a st:s"r1't
:.- fthis 'letttt....
f-x'wary Pau,Ametiadn# t'Mould axpaCt rom
Mayor IarYes . I toAke .the ttotiott that this phois thing be kii� ed'. and 7
that we forget about the ftusOulm, and tell Pan Ametrican to go Put. it _
in Vt. Lauderdale. Do you want to make the motion?
Mr. Plummer: No, air, I'll vote against it.
Mayor Ferret Do you want it in New York?
Mr. Plummer: I'll vote against your motion.
Mayor Ferret Tell them to stay in New York.
Hey, Plummer, you handle it.
Mr. Plummer: It is not a matter of handling it, Mr. Mayor. I'm sorry if
I irritate you by asking questions. The only thing I'm asking is questions.
Mayor Ferret Make it a part of the Spark Plug race, the Budweiser Beer
race, you handle it. I'm awfully sorry.
Mr. Dawkins: Hold it, hold it, you don't have a second to the motion to
do this. Hold on. You made a motion and it didn't get a second, so we
still have a discussion.
Mr. Plummer: So I understand then, so that the record is clear, that this
was done by the office of Economic Development.
Mr. Gary: No, it was done by the City Manager's office.
Mr. Plummer: Who started the idea?
Mr. Gary: The City Manager's office.
Mr. Plummer: Why didn't the City Manager's office bring this concept
before the Commission before sending out letters? It would seems logical
to me that a concept as good as what I think
t is concept could be,minimal,
is
going to cost some money to the City. out giving
that something could be sent to this Commission prior to going
people some That is all Iions to see t'mther or saying.noN w you oansweris ion it from there.
to
go along withhit.there.
Mr. Gary: May I answer the question?
Mr. Dawkins: Mr. Mayor, Plummer, I don't know why they gave me better
treatment than they gave you, but the gentleman there has been in my
office four or f soem� besto theydjustss this- We figured that have discussed the for once they wouldrput
and cogs of it, Y
me first and put you last.
Mr. Plummer: Mr. Dawkins, I have no problems with that, sir. I guess
what I am really coming to is a concept that says that at any time that
this Commission or this City is contemplating a project, that it would
seem logical that it would
uke 8°me before determinationstoop�roceednornnote told. We.
the Commission, would a
Mayor Ferret That is what this is all about today.
all about.
Mr.
Gary: That is what
we are doing,
J.L.
Mr.
plummer: Fine, let's
go over the
project.
Mayor Terre; Can we proceed now?
Mr, Plummer; Surely, sir.
52
That is what it's
5/10/84
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M�yeVr t also Aheaa.
1
Mrr_;Gary t ' ,. I .my dust .A .preface comment, ;w� have :root . tih past • f'
t iAt' an �Arii»es, oir , anybody the -impression that iae ark .ao
ourselves:to daing,anything. We tecognias that in any otti r. thiq
the final decision has, to come before the Commission. Ie feayy ;thing - a-
.
is for staff to.do initial research on ideas that we tfilA are. die t�
the.City and propose it to the City Commission in terms of their:pollcy
decision. -That is what we are trying to do today.
Mr. Plummer: Mr. Gary, 1 would say to you as of one, that in the future,
projects which are going to cost money, before you start, you brief it
to this Commission and get a consensus of whether we want you to proceed
or not before you tie up the time....
Mayor Ferret We'll take that up on the critique this afternoon when
we get to the Manager's critique. I'll recognize you for making that
observation.
Mr. Dawkins: There goes the merit raise.
Mr. Plummer: I'll defer to Commissioner Carollo.
Mayor Ferret All right, let's get on with the show. Charlotte, do you
want to add anything?
Mr. George Price: Mx. Mayor, Mr. Manager, Commissioners, and I'd also
like to address all of the people in the audience because they are sitting
in a very important historical area for the City of Miami and the development
of international long range aviation for the entire world. I'm going to
try to squeeze sixty years of history into about 120 seconds.
My name is George Price. I live at 100 South Prospect Drive, in
the City of Miami. My Vice President, Ralph Hughes, also lives in South
Miami. I am the President of an organization called Clipper Pioneers
Inc., which is made up of a group of all the Pan Am retired pilots. We
have a total membership of about 1,300. We have decided that this year
we will have our annual reunion in the City of Miami. We have already
made the hotel arrangements and so forth. At the same time more or less
following ours or in conjuction with our get-together, there is going to
be a bi-annual meeting of the airline pilots association, also in the
area. Those two things kind of blend together. There are a couple of
other things that I think were fairly significant. Number one, Pan
Am started operating sea -planes out of this base from a barge in about
1928. In 1934 we completed this building and started operating out of
this building. It happens that this year that makes 50 years of operation
out of this building. Then in 1954 Pan Am ended this sea -plane operation
and the building was sold to the City of Miami, so the City of Miami has
been here for 30 years. You have the 50 year commemoration and the
30 year commemoration.
Mr. Plummer: You got a little piece of history wrong. The City has
not been here for 30 years, because there was a restaurant here shortly
after you sold it to the City, called Hellers, Jackie Hellers Restaurant.
Mr. Price: I'm sorry I missed that. I bet the food was really good.
Mr. Plummer: I never ate here.
Mr. Price: I think I mentioned the fact that one of the most important
parts of the history is that we had what was actually then probably the
first Pan Am building in the history of our company and it was down on
Grand Avenue in Coconut Grove. It was in those buildings that we took
the best pilots that we could get, the best engineers that we could get
and we developed long-range transport procedures, which are now used by
all airlines in the world. Anybody in this audience that gets on an
airplane from New York or in Rome or in Paris or London or whatever,
those pilots are flying those airplanes based on long-range operation
techniques developed by Pan American here in Coconut Grove and later
demonstrated in a practical sense out here in Biscayne Bay with the
large boats that we had. There were other carriers, long-range, inter-
national, over -ocean carriers at that time that were operated by the
53
I]
5/10/84
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Ott: Pride (06610 A tiff ish - ftet ial 'Alftlys "d ' by AAAr' .�'tA itde•, „ " Ma
dtl�trfes tkeeded to °hive' lonl��an a aviAtIft becifdai-they;"1 {
,.fit
ihol nies, : thte "-had ihtereste thtbughout the wa=� a tht�y "h d _ :; a . ; iis. i 3
But the Anlriatfis went d did it beteuse they were
devalbpitga profitable, long-range, aviation system. The 4hole thing ry
was born right here in this area in this building in liscayne bay with
the airdraft. As an idea of some of it, t have picked out about three
kinds of operations that were done here at Dinner Key. To a certain
extents they had to do with the development of new air-aaii routes..
For example, the first air -mail, from -1 use the expression Dinner Key,
:father than Miami, because this is where it happened- the first airmail
flown from Miami, Dinner Key, to Panama was flown in a Sikorsky S-38
which took off right out there and the Captain of the airplane was
Charles Lindberg. He also flew the first air -mail flight to San Juan
from Dinner Key.
Mayor Ferre: What year was that?
Mr. Price: I don't have the year, but I could look it up.
Mayor Ferre: In the 130s?
Mr. Price: Oh, yes, definitely in the '30s. As you know, Pan Am built
this building. We also built those two hangers out there that are owned
now and operated by Merrill....
Mayor Ferre: They are owned by the City. They are operated by Merrill
Stevens.
Mr. Price: Right, they are owned by the City, but operated by Merrill
Stevens. During the war, when airplanes were slow and they took a long
time to fly over large bodies of water, they needed to have military
navigators who were checked out on celestial navigation. The first
flight which I ever had with Pan Am was on an old consolidated commodore
-I'm sure you remember those airplanes- slow and noisy. We took 20 or 21
RAF navigator trainees and every night we would drone.up to.about:.'69,000
feet, take off for the Bahamas, make a triangular course, and come back
again. It was by the efforts of the local people here and Pan Am to get
that sort of thing going as a part of a war effort.
Mayor Ferre: Was that a water -borne airplane?
Mr. Price: A consolidated commodore is the forerunner of the consolidated
P.B.Y., which later on became very popular, very largely used by the
military. Jacques Cousteau had one.
Mayor Ferre: It's a water -based plane.
Mr. Pierce: Yes, absolutely. Some of the other flights that took place
out of here ... it was necessary for Franklin Roosevelt to get to the first
of the large summit conferences. In February 1943 a Boeing 314 flying
boat took off from Dinner Key here with Franklin Roosevelt on board to
go to Casablanca to meet with Churchill and Stalin at that time. They
were to continue beyond that over Saudi Arabia down to Australia to
meet with Chang Kai Chek, but they could not make that flight.
Mayor Ferre: Mr. Price, this is facinating, but we have an awful lot
of important items and people are waiting. I would respectfully request...
it's a great history lesson. I could stay here all day and listen to
this, but we need to move along.
Mr. Price: All right, very good. In conjunction with our getting
together, all of us older retired pilots, it occured to me that the
City might be interested in the fact that we were having this convention
here. One afternoon I came out here to City Hall and I walked in and
just talked to Commissioner Dawkins, and he seemed to show kind of
enthusiasm for the idea. It was more or less at the beginning of our
project, and he set up an appointment with Ms. Gallogly. Out of these
conversations has been developed an idea which has been in the minds
of the City, I think, for quite a while and Pan Am, that it would be
an appropriate time to set up an air museum here at this very historical
54 5/10/84
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Mayor eitre: All right, thank you very muth, Mr. Price,
Mr, Plummer: Mr. Mayor, you says picture is worth a thousand votai-b
You go itito my offite quite frequently. Here is what the sum is ta1kin8
about.
Mr. Dawkins: Are you giving this to us?
Mr. Plummer: No, sir, I am not.
Mayor Ferre: To the museum, this is the first donation to the museum
right here.
Mr. Plummer: They can borrow it to start the museum, but that is
exactly what he is talking about, Mr. Mayor. That's all of the pictures
of....
Mayor Ferre: All right, Mr. Plummer moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Under discussion, conclude your remarks,
Mr. Price.
Mr. Price: I merely wanted to say that our purpose for being here today
is to, after having more or less trying to describe what we have in mind,
to try to get a further endorcement of the City Commission for the furtherance
of this museum.
Mayor Ferre: Thank you, sir. The motion has been made and seconded;
we are ready to vote now. Call the roll, please.
Mr. Plummer: Would you like to see this, sir? You are welcome to look
at it, if you want.
Mayor Ferre: They have the originals.
Mr. Plummer: Do me a favor and drop it off in my office.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 84-521
A MOTION APPROVING IN PRINCIPLE THE CONCEPT OF THE
ESTABLISHZIENT OF AN "AVIATION MUSEUM AT DINNER KEY
MARINA" IN CONJUNCTION WITH THE APPROPRIATE OFFICIALS
OF PAN AMERICAN WORLD AIRWAYS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Ferre: Mr. Tue and Mr. Price, I want to thank you gentlemen,
I want to thank Miller Dawkins for his initiatives. In my vote, let
me say that back when Mr. Soule was President of Pan American, which
I guess must be tea years ago, we had a discussion. I go back on this
55 5/10/84
Mayor Perre (Coo't)t thing back to the days when Pan American had its
6ffiaea here on the way to the airport with Vilbur Notrtson. 1 r �br
ont 'tirli Mhen i first went otc the Commission in 067 that ViAuiiiiffi6,
and 1, had he ergs than Executive dice President of Past AlseftA In ef, Third,y
it discussion -about eventually using this -building for a Pan American
museum. Those discussions have been going on with my predecesor, David
Kennedy and Steve Clark and going back to.bob 'High days, it'd been -a
long standing discussion about the future of this building with Pen
American. Recently, when Mr. Ed Acker was bere, earlier this year, as
you may have seen in the newspaper, he made mention to the fact that
these discussions were something that were of interest to Pan American.
That letter, J.L., was something that Charlotte drafted after discussions
with Mr. Price and Mr. Tue and after Miller Dawkins' meeting with them.
I thank all of you for this. I'm sorry it caused any problems, but I
am positive this is something...it is like motherhood; who's going to
be against something like this? So, we thank you, sir.
Mr. Plummer: Especially with Mother's Day Sunday.
Mr. Price: Gentlemen, thank you very much.
21. FORMALIZING RESOLUTION: ALLOCATE $20000 FROM SPECIAL PROGRAMS AND
ACCOUNTS TO COCONUT GROVE SENIOR CITIZENS, INC. IN CONNECTION WITH
"GALA DAY".
Mr. Dawkins: Mr. Mayor, I'd like to move 97. It is something that we
are formalizing. This is about the third time this has been before us.
We have to pass the resolution.
Mayor Ferre: Item 97 is a resolution that is $2,000 to Coconut Grove
Senior Citizens, Inc. in connection with "Gala Day". It's been moved
and seconded. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 84-522
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$2,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY
OF LIFE FUND, TO COCONUT GROVE SENIOR CITIZENS,
INC. IN CONNECTION WITH "GALA DAY"; SAID ALLOCATION
BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-849
DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
61 56 5/10/84
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Mr. Gary; fir. Mayor, item "A" is the submission of the annual financial
report. We have the three C.P.A. firms who are here.
Mayor Ferre: All right, sir, I will take that up now. The annual
financial report, Mr. Manager, item A.
Mr. Gary: Mr. Mayor, we have pursuant to Florida Statutes, provided
you with a copy of the financial report ending September 30, 1981. I
think the financial report will demonstrate that the City of Miami is
operating very well fiscally, and that the management of our fiscal
operations are probably one of the best in the country. I think that
is demonstrated by the fact in this report we reveal the first time in
many years we now have an M.F.O.A. certificate. We also have a significant
fund balance, which continues our policy of being fically responsible.
The bond ratings have gone up. We also have significant increases in
the investment of our cash in terms of returns of those, which is
$7,500,000 last year. There is a projected $8,200,000 fund balance.
At this time, I would like for the C.P.A. firm to give a presentation
of this report.
Mayor Ferre: What I'd like to do, Mr. Manager, is first of all recognize
for the public the representatives of the three firms that do this work
for us. Then I will ask one of them, whomever is the spokesman, to
step forward. I'd like to recognize all three firms, however, and that
is Coopers and Lybrand, Sharon Brown; Sanson, Kline, Jacomino 6 Co,
Hernando Fernandez; and W.B. Koon, C.P.A., W. Bernard Koon, thank you.
Will the spokesperson please step forward?
Ms. Sharon Brown: Sharon Brown, partner with Coopers and Lybrand,
2900 Anerifirst Building in Miami. Fernando Fernandez and W.B. Koon
are both here with me and we can respond to any questions which you
may have. We do not have a prepared presentation, as such, because
we would rather address any questions that you may have at this time.
We received the full cooperation of the City management in the conduct
of this engagement. We want to assure you that has continually been
the case throughout this year.
Mayor Ferre: I have one question and then I have a statement. Ms.
-Brown, when the three of you first took on the procedure of auditing
our books and coming up with the financial report, how many exceptions
did you have to publish to your signature in that first audit?
Ms. Brown: There were three exceptions relating to actually accounting
issues and there was one, what we call a subject to relating to contingencies
on litigation relating to pension.
Mayor Ferre: So there were four.
Ms. Brown: Yes, sir.
Mayor Ferre: And we are now, as I understand it, down to one.
Ms. Brown: Yes.
Mayor Ferre: And even that one is getting pretty close to conclusion.
Ms. Brown: As we understand it, that is true. In essence, of the four
issues, the three that were within the City's control directly, have been
removed.
Mayor Ferre: I think this is a very happy day, even though these types
of good news don't usually get into the newspapers, I want to say that
I, for one, as the Mayor of Miami, am very happy and very proud of the
57 5/10/84
PAyar pptte (Cori*t): fact that we have a financial statement witheut
kt►y-4ualtflceti6fis at this tilt: I think it is a IA36tr aahiVV6*ftt_ ft
the part -of the Administratiam i think it in
great part due.to your help and to yout guidance.to.get us into that
postutei
Ms. htow.- Thank you# Mr, Mayor,
Mr. Plummer: Sharon, speaking on behalf of the group, Mr. Gary has
a way of most minagersi and that is to give us memos with only the
glowing and good things. I would ask you at this time, speaking for
the group, to tell us of anythings that you found that you feel need
significant or improvement.
Ms. Brown: There are several issues that we feel are being addressed,
and in the context of your request, we would continue to say that the
enterprise funds in this City need to be continually monitored. We
believe they are, but we feel that is an important thing to continue
to be addressed, the Parking Garage, the Knight Center, and several
of the others because of the fact of this City having to subsidize
operation. We also know that there is an opening in the Finance
Department for a person with heavy technical expertise in the accounting
area. It has been open for a long time and the City has been looking
for someone. We feel that is an important position to be filled, maybe
not entirely within the City's control.
Mayor Ferre: I'm sorry, but Mr. Manager, before we fitlish this, I'd
like to ask....
Mr. Plummer: I'm hoping that the Manager is making points a, b, c, and
d, because I'm going to be asking him to address this Commission within
30 days of a memo of how he is addressing these problems, as you outline.
Mayor Ferre: Go ahead.
Ms. Brown: We have issued recently a detailed letter of comments and
recommendations to the City, which we understand the City is in the
process of preparing a detailed response to each of those items, so
we really won't go through these at this time.
Mayor Ferre: How many items are there in that letter?
Ms. Brown: Off hand, we'd probably say about 25 different items.
Mr. Plummer: And the City is responding.
Ms. Brown: The City is responding with the details.
Mr. Gary: Yes, and they are not significant things.
Mr. Plummer: At such time I would request, as a member of this Commission,
that you have read that response, that you report back to us your findings.
That is speaking for the group, of course.
Ms. Brown: As a follow up to this City responses.
Mr. Plummer: of course. If you don't, we'll fire you at 2:47 in the
morning.
Mayor Ferre: You got the press' attention.
Ms. Brown: The other issue that we believe the City is addressing, that
is the one of capital budgeting, we have felt that was an area...
capital budgeting and the accounting relating thereto, we believe that
is being addressed to provide more meaningful information. Do either
of you have any comments?
Mr. Plummer: Mr. Mayor, I only have one other request. Whether it is
from you individually, or how you do this, I don't know, as a group,
I would like you to furnish and forward to me a complete indetail
breakdown as it relates to the financial picture of the Convention
Center, the total complex. Thank you.
58 5/10/d4
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i�erire: fbBiffi, I isaid. that I U'd a comment. Let me tell you.
The this Comtissioa had gone on record idow
for I guera, t* yeara. it goes back to almost three and a halt yaaire
ainca, JrLi j we rt4ueated that we wanted to put an audit reviev cogiftittae.
You know, I have to tell you that it is, in my opinion, without any
06 tion the dingle most important committee in the City of Miami, I
am embarrassed to tell you that we have not as of yet appointed that
d6iiiittee. I Vadt to tell you that at every single Commission meeting
we bring it up for discussion. We have not appointed that committee
as•of yet. I apologize to you because I know it's something that we
very, very much need.
Mr. Plummer: Mr. Mayor, I accept part of that blame that we have not,
but I want to tell you, and people that I have approached to serve on
that committee, the response to me has been that there are tremendous
hours involved. As such, people feel that they want to do a civic
duty, but they cannot do it as a sacrifice to their business and to
their families. I think maybe what we need to talk about is restructuring
as to what is expected of that committee.
Mayor Ferre: Or paying them.
Mr. Plummer: Or even paying them. But I think then you might come about
getting some very good people who in fact would be willing to serve, but
every time I've gone to someone, they have all told me, "I'm sorry, I
Just don't have the time." ,
Mayor Ferre: Let me ask the three of you I'd like to get a letter from
your explaining how other cities ... I know other cities are doing this.
Just like private corporations, public corporations also have these
audit committees. I would like very much to find out through your accounting
firms whether you are aware of any other city's paying their audit
committee. Usually, in the private world, the members of the board
of directors that make up the audit committee get paid for that.
Ms. Brown: There are usually directors fees involved, and generally
ifthere are other committees also.
Mayor Ferre: Perhaps Plummer is right. The reason we can't get anybody
is because it's too much work and it is too much of a responsibility and
nobody is willing to do it without getting paid. I'd like to have your
input and recommendations on that. Frankly, it's been very embarrassing
for me that the City approved all of this and we haven't been able to
fill the audit committee. Is there anything else at this time? Are
there any questions or any other statements? Is there a motion, then,
that we accept the annual financial report as presented?
Mr. Perez: Move.
Mayor Ferre: Moved by Commissioner Perez. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Second by Commissioner Dawkins. Further discussion? Call
the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 84-523
A MOTION ACCEPTING THE CITY'S ANNUAL FINANCIAL REPORT
SUBMITTED BY THE ADMINISTRATION FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1983.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
59 5/10/84
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23. DISCUSSION ITEM: CITY OF MIAMI REPRESENTATION AT FESTIVAL "CERVANTINO"
IN MEXICO CITY,$y PROFESSOR ARMANDO NASSER. REFERRED TO CITY MANAGER e _
FOR FURTHER MEETINGS AND DISCUSSION.
Mayor Ferre: We are now on item "C", which is, Commissioner Perez, this
is the something that you requested, item "C", your request. Is there
anybody here on item "C"? Mr. Pablo Chao or Rene Jose Silva here? Are
they present?
Mr. Plummer: Sir, are you on this item?
Mr. Armando Nasser: Armando Nasser. COMMENTS IN SPANISH.
Ms. Virginia Godoy:(Translating for Mr. Nasser): Mr. Mayor, Mr. Manager,
Commissioners, Other Department Heads, ladies and gentlemen, before
anything else, I would like to thank you for permitting me to submit
this project and discuss it. As soon as I received the letter that was
sent to me by the Consul General of Mexico that is acredited in this
City, as Director of the theatre... in this letter he let me know about
the Festival Cervantino which is going to be held in the city of Guana-
juato, Mexico. I started to prepare everything that was needed to have
our group participate in the festival. I am talking about the group
Conjunto Dramatico of Miami. Then I thought about the possibility of
submitting this project to the City so that the City would be represented
in this festival. It would be the first time that the City would be
represented in a festival of this kind. This is the first objective
of this project and one of the most important. The second one would
be the historical significance of the play that is going to be exemplified.
I am referring to the play by the author and essayist and politician,
Jose Marti. The name of the play is "Amor con Amor se Paga". This
work was exemplified in Mexico when years ago when Jose Marti was still
alive. This would be the second thing in order of significance if the
play were to be exemplified. The last one would be the important of
having a play like this representing the City in the City of Guanajuato,
and maybe win an award for the City.
Mr. Perez: Sir, we have a recommendation from the City Manager's office.
Did you have an opportunity to meet with the Manager's office?
Mr. Armando Nasser: COMMENTS IN SPANISH.
Mr. Cesar Odio: Mr. Mayor, members of the Commission, they met with
me. At that time I informed them they would have to follow the procedures
as outlined in the APM-184. Then they went through the proper channels,
I hope.
Mayor Ferre: So they have met with Antonin, Lisaso and other people
involved.
Mr. Odio: Dena Spillman requested the recommendation and we are
recommending against it, because we don't feel we should be involved.
Mayor Ferre: Let me just say on the record, so that we don't misunderstand.
I will go along with the Manager's recommendation; however, I want to
point out, and I think there are some valid reasons in it, that this
Q 50 5/10/84
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Mayor perre (Con't): event, which is probably Mexico's greatest --
artistic,txpresiou, this festival is a cultural event whieh:is.probably
outade'hf things that happen in Spain, the largest cultural eventFIn
the _Spanish speaking world, vith the exception of the things that happen
`F
in the colon Theatre in Buenos Aires; in the New Vorld there is no other
festival that is larger or more important to the cultural affairs of the
Spanish speaking world. it is officially sponsored cultural event with
theatre, ballet, music; people come from all over the world. it is a
major event. The problem, however, is that we right now are having
problems finding monies to spend in our own cultural events. We don't
have a philharmonic, We are continously turning down cultural events
here, even though we have helped Pace and we have helped Ballet Concerto,
and Grateli and many of the other things; but we don't help them as much
as we need to help them. Therefore, I think the problem is that we just
do not have sufficient monies to do all these things. Commissioner,
what would you like to do on this?
Mr. Perez: I don't share all the concept that this recommendation says.
I think they have spent too much time and too much in this negative report.
But anyhow, I would like that Mr. Nasser have the opportunity to clarify
some details that go back to the City Administration and they report us
later.
j Mayor Ferre: All right, the recommendation by Commissioner Perez is
! that this matter be further discussed between Mr. Nasser and the
Administration. Is there further discussion on this?
Mr. Plummer: Mr. Mayor, I only have one contention. My contention is
that this is not a non-profit group.
Mayor Ferre: Commissioner, let me, because perhaps you were out....
Mr. Plummer: I have no problem with it going back to discussion. But
that is my problem.
Mayor Ferre: That's right, perhaps you were out of the room and you
didn't hear. Commissioner Perez requested that this matter be continued
for discussion with the Administration.
Mr. Plummer: I second the motion.
Mayor Ferre: There is no motion needed. Is there, Mr. Manager? All
right, thank you very much, Mr. Nasser.
Mr. Nasser: Thank you.
---- -- -------- -- - - - -------- -- - - - --- - - - -- --- ---
24. DISCUSSION AND SALE OF 1984 GENERAL OBLIGATION BONDS. (This matter
was not picked up again for discussion despite earlier intent of
the City Commission).
Mayor Ferre: We are now on the bond issue.
Mr. Plummer: This is item "E".
Mayor Ferre: Let me make sure we understand each other. O.R.? Item
"E" has nothing to do with a pending bond issue that is going to be
voted upon by the people of Miami. That is not the subject. Item "E"
deals with the sale of approved bond issues. In other words, these
are bond issues that the people of Miami have said, "Yea, we want that
to be done." We say, "Yes, go sell those bonds and do these projects."
That is what we are talking about. We are not talking about future
bond issues. We are talking about past bond issues, things that have
been approved by the electorate of the City.
Mr. Plummer: Mr. Mayor, I understand fully what you are saying, but
there are items on this agenda, unfortunately, Mr. Rosencrantz, as
we had asked in the past, when an item in discussion in the Committee
61
5/10/84
i pit f (Con-tt) : of the Whole prelates to an item on the agmdao
that,it,be so noted. I don't find it noted here. Howl I'm going to
h6i to go through the +hole d thing to find it.
Mt. Gary►: There to no item on the agenda.
mt. Plwvm ers Yes# theme is. There is an item to sell bonds that you
oulined in your memo for housing, for parks.
Mr. Cary: That's "VIO J.L., that's what we're on.
Mayor Ferre: That's what we're on right now. We are on item "E":
discussion of the 1984 G.O. Bond sale, not bond approval.
Mr. Plummer: I stand corrected, Mr. Mayor. The only thing that I
had a reference to was there is another item on the agenda that in
my estimation does directly affect item "E". That is the discussion
of $95,000,000 worth of bonds for Park West; and it does involve this.
It correlates and ties because of Park West.
Mayor Ferre: Look, we are getting all confused because there is so
much discussion on the bonds. To the members of the public here, let
me repeat once again. The way, in the United States, we sell bonds is
the City Administration proposes a bond issue or a member of this
Commission. This Commission, then, deliberates. Sometimes it holds
public hearings; sometimes it doesn't. We put it on the ballot. There
is only one way you can sell bonds. The people of Miami have to approve
them, because it is the full faith and credit of the City of Miami.
We have just heard from Sharon Brown. You heard, she gave us the financial
report of the City. Now, at the present time the bonded indebtedness
of the City of Miami is $133,000,000. That gives us a ratio of 1.56.
It is the lowest it has been in memory. It has never been any lower.
The law, under the constitution of the State of Florida, permits 15%.
We are at 1.56, almost one tenth of what we can sell in bonds. There
are those in government that feel that is too low, that the City of Miami
should sell more bonds, and that it is fiscally intelligent and wise for
us to sell the bonds that have been approved by the people of Miami.
We have approved and not sold close to $160,000,000 worth of bonds
that the people of Miami have collectively voted for. It is their
mandate; they have told us to go out and do this. We have not done
it. There are some who criticize us for not having done it, because
it might affect our bond rating, which has now gone from A to A+.
The City Manager and this Commission and the Administration have
diligently been working to improve our bond rating. Therefore, what
we are talking about now is what, that has been approved, we can go
out and sell. Now, Mr. Manager, why don't you have your say and we'll
then go to the members of the public.
Mr. Randolph Rosencrantz: Mr. Mayor, members of the Commission, you
have before you attachment to agenda number "E". In that particular
memorandum, we have explained, I think, in great detail, why we want
to go to the bond market for a prescribed amount of money this year.
As you pointed out, Mayor, each year that we do go to the bond market
to get money to fund those projects, which have been approved by the
City Commission....
Mayor Ferre: No, no, no, by the people of Miami.
Mr. Rosencrantz: Yes, thank you. There is a process that we go through
in determining how much we should borrow in any given year. Generally,
the items that we have identified in the memorandum before you, identify
the criteria that is used to determine how much we should borrow each
year. Attached to that memorandum is attachment one, which lists very
specifically the specific projects that we hope to fund during the next
year. If you have any questions about those particular projects, or
about the amount of the bonds....
Mayor Ferre: I have none; members of the Commission?
Mr. Dawkins: Yes, sir.
62 5/10184
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Mayor Ferro: Commissioner Plummer.
Mr. Plummet: ki. itOnencranta, referring to your memo marked IIIV* itJ
Is my understanding that the bond market, in recent weeks, has gone
very high.. is,that correct?
Mayor Perre: it has gone up one point. It has gone up from 8.3 or 8.4,
which is our last sale, to about 9.6.
Mr. kosencrantz3 Generally, it is an increasing bond market at this time.
Mr. Plummer: Tell me what it has done in the last 30 days.
Mr. Rosencrantz: In the last 30 days, it has increased.
Mr. Plummer: How much?
Mr. Rosencrantz: From April 12th to May 12th: on April 12th, it was
9.97, it is now 9.99. That is the index for the twenty bond index,
which is the index we generally would use to....
Mayor Ferre: But there is a more important question. 'How much do the
financial experts in Wall Street, and of course it is anybody's guess,
but they guess better than we do, say that it is going to increase in
the next couple of months and by the end of this year and the projection
for next year.
Mr. Rosencrantz: Just a few weeks ago, I had the occasion to be in
New York and that particular item was discussed with a number of people.
Our bond advisor feels very strongly that rate will not be coming down
any time during the rest of this year. That is not a total consensus
of the market, but many people we spoke to indicated that rates were on
an incline. They will probably continue until the end of the year.
Mr. Plummer: Mr. Rosencrantz, if we, the Commission, were to say today,
"Sell X number of dollars of bonds," approximately how long would it be
before those were going to be offered for sale.
Mr. Rosencrantz: The plan that we have before you at this time is to
offer for sale on June 14th $30.1 million in bonds. They would be on
the market the 15th of June, or the 14th of June, whenever you approve
the low bidder for those bonds.
Mr. Plummer: My problem, as it stands on item "E", is intertwined.
You are proposing in this to spend in Overtown $11,000,000. You are
presently before the electorate with another bond for approximately
$10,000,000.
Mr. Dawkins: No, no, no $20,000,000.
Mr. Plummer: No, $10,000,000 for Overtown. It is $30,000,000 total,
which is proposed by the Mayor, $10,000,000 for Liberty City, $10,000,000
for....
Mayor Ferre: I'm not proposing a thing. Please don't put it on me.
Mr. Dawkins: Hold on, J.L., let we take it from here.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
63
al
5/10/84
r :V
• �iawk#nst Mg.tweentrahts. didn't this Comission, at the #Ayor*
i eN it6et . �thh` jWktrAttnti' t6 6611100 0606600, i teh
f
o bo1�+�Iit'r8titt t I think, Caidissiotter biwkine, if u tat 1," i ' iha , '<
list iketti6g, the s6tion was toads that we should 6611didet itllitij, : t�
$'�50,000,000 in bonds.
Mr. baakinat Why them, if we said up to $50,000,000, why did you Elie`°`F
back With 006000, 000?
Mr. 1011encrants: The basis for us determining how much we should go
to market for is very strongly controlled, I guess, by three factors.
The first factor is....
Mr. Dawkins: Mr. Mayor, Commissioner Plummer, and to Howard Gary, what
I'm saying needs to be heard because often times all of you tell toe I
don't understand what I'm saying, and I think all of you need to hear
what I'm saying here now. Go ahead, Mr. Rosencrantz.
Mr. Rosencrantz: Basically, there are three criteria one would use to
determine how much a given bond sale, what the size of a given bond
sale should be. One of the first considerations is what can you
reasonably spend within the time frame that you are going to market for.
There is a federal law, which is called the Arbitrage Law, which says that
you cannot borrow money in the capital market and keep it an excessive
period of time. When you borrow you have to plan to spend it and there
is a limit to how much you can borrow at that point. •
Mr. Dawkins: Now, getting to cons, is there any stead fast rules or
standard of procedure of operation that determines once bond sales are -
approved by the voters that you have to wait a certain time or can you
go into market whenever you get ready?
Mr. Rosencrantz: After a bond referendum is approved by the voters,
it must go through a validation process in the court. After the bond
has been approved by the voters and validated by the court, then the
process is to come to the City Commission to get authority to go to
the market to sell some or all of those bonds.
Mayor Ferre: That is not totally accurate. Let's get into the accuracy
of these things. The legal procedure is that there is always, because
of the problems of testing in court, that the City usually go through
either the circuit court or if it is an important bond issue, it goes
through validation before the Supreme Court of the State of Florida.
After a certain number of years, Mr. City Attorney, it is common legal
practice that the Supreme Court of Florida, like other Supreme Courts
around the United States, can rule that a certain number of years have
gone by, that it must return to the electorate for a further approval.
For example, in the Watson Island validation proceedings, it is not...
we don't know for sure, but it is probable that it would have to go
back for a revalidation hearing before the Supreme Court, because too
long a time has expired since we have not sold those bonds. So the
point I'm trying to make is, there is a time factor and there is no
set standard rule or law as to how long you can wait, but there is a
limitation, I mean there is a practical limitation, and if you don't
sell bonds that have been approved by the electorate within a certain
reasonable period of time, it is possible that the Supreme Court would
rule that you have to go do it all over.
Mr. Dawkins: What is the earliest date, Mr. Rosencrantz, that you
could possibly go to sale with the bond issue after it has been approved
by the voters?
64 5/10/84
sl
RP
%�Y<'.x { 5 tlh• C Yid J,',
t #
Xt.;.tosencrauta:. Normally the. validation process it. to. take ,00yplare. -,
frostthiie i , to,- lk. 06" Uths to 1. ujiderat-and , in the Suite of. tl�tlua:
so# :I think.06bibly As, soon .as the validation probea® is until td.
and we could toile to the City Coiaission to get authority to gh t6i% i
with the bond ails, that vould be six months.
Mr. Rosencrantz, we just vent to the public to sell iftd�'hiVe
• Mr. Dawkins:.
then approve $20,000,000 of bonds for police stations. O A6 ?
Mr. Rosencrantz: Yes.
Mr. Dawkins: Traditionally, the same community support bond issue that
they get shafted. Now, you have no preparations for selling these bonds
that were just passed to build a police station, yet the same Latins
and Blacks, who supported this and got it through, you are going to go
back to them and expect them to go for two more bond issues. Now, you
see, unless we up here are planning to live by our promises, then you
are going to lose me. No where in here have you said anything about
selling the $20,000,000 worth of police bonds. But yet, you expect me
to go back out community with you and sell the other bond; that is the
first part. The second part is, explain to me, sir, what the difference
between Park West, Overtown is and how much money is budgeted for Park
West and how much money is budgeted for Overtown and how you arrive at
that.
Mr. Plummer: Commissioner Dawkins, may I suggest, sir, that it is past
the policy of this Commission of a 1:00 o'clock break?',
Mayor Ferret No, wait, we have all these people that have been waiting,
J.L. Out of courtesy to them, I think we ought to let them ... we will
continue our deliberations. We are not going to conclude this, but
all of these people have come here to speak on this. How many of you
wish to speak? Is there one spokesman?
Mr. Gary: Mr. Mayor.
Mayor Ferret I recognize there are only two.
Mr. Gary: Mr. Mayor, if I may, I think these people are here on the
matter of co -bond counsel, not on civic issues.
Mr. Plummer: We are not discussing that now.
Mayor Ferret That is not before us at this time, but I'll recognize you.
We will continue item "E" for the afternoon. Before we break, on a
personal basis, I'll recognize....
Mr. Perez: I would like to have, Mr. Mayor, for the afternoon that
Mr. Rosencrantz bring a report on how much you plan to spend of the
$30,000,000 you plan to spend $18.1 million in housing. How much do
you plan to spend in the Little Havana area, because the amount that
I find here, I don't think would satisfy this community. I would like
to have a detailed report about what are you planning to do in the
Little Havana area. I think it is very bad what we have here today.
Mayor Ferret All right, sir, go ahead, I recognize you.
Mr. Russel Bellavance: Good afternoon, my name is Russel Bellavance.
I'm a partner at the law firm of Cohen, Shapiro, Polisher, Shiekman, and
Cohen, 440 Brickell Avenue, in Miami. We are here really today because
we have had some discussions with Mr. Gary and with Commissioner Dawkins
and with some of the other Commissioners concerning these bond issues
and trying to help answer some of the questions that are now being addressed
to Mr. Rosencrantz. We were really here on the basis of being here to
answer questions if there were any from a legal point of view, a technical,
legal, point of view, as opposed to a marketing point of view or what I
think is really being discussed, the political point of view. So that's
why we are here and we will be available this afternoon.
f.
sl
65 5/10/84
,yr..5'3• _ ' ,'is .,y �'+�t1.�1„$,F�.�-.tits,
t7?'=:. •.- - y..'HJ4S.ir Ysy�,„ir �`i�<y f �. fk;Gf! s 1•d n ..,. _r, i -, i +G'y T
C`F`ic '3'..�]i } 3.'-_.: tea+ "5'.s♦.,: :,".'''�';?;c ';'.-'.a'.-"'1"` .W.3 Y''�.. ;t-'.:i- _ • ^r�.'i
° `..rFIrtle .pianatta t mr. , mumetanta, Irate rawfittn ,ta my t j. PiaWit,
..,�:
of ire Ta dyets Laagua, 1i
1�i�i and Dade �o�1ty, Yoe said h :� �:.:
130000,000.wort'h of boaddi.tUat ha►iwlben t"dy.to ao tio`*the b i'ik n
fty4 for apororal► to that right's
"Mr. ` Dosendrants t ate ,are antidipatiog going to the bond .atarkat to 8e1
$309000,000 worth of bonds, yes.
Mr.-Psnnatto: What are these $3000000000 worth of bonds?
14r. Garyt Let me, just respond. These bonds.....
Mr. Fannatto: No, the name of the bonds or the projects.
Mr. Gary: Look, do you have a copy of the agenda item?
Mr. Fannatto: No, I don't have it. I'm asking him, Mr. Manager.
Mr. Gary: He works for me, so I'm going to answer for him.
Mr. Fannatto: What are the projects that he's spending the $30,000,000?
Is there anything wrong for that?
Mr. Gary: I'm going to answer for you. I'm getting ready to answer, if
you don't mind.
Mr. Fannatto: I would like to know.
Mayor Ferre: He's going to answer it for you, sir. Go right ahead, Mr.
Manager.
Mr. Gary: Thank you, we have recommended for approved by the citizens,
bonds for storm drainage projects, $3,000,000; highway and streets,
$7,100,000; housing, $18,000,000; and fire facilities, $2,000,000.
Now I'd like to add for your edification that the amount of bonds that
the City has authorized to issue, $302,000,000. We have already issued
$140,000,000. All these have been approved by the voters now. The
balance is $162,475,000 that is outstanding. Of the $162,000,000, we
are recommending at this particular point in time, $162,000.000 approved
by the voters, Ernie, that $30,000,000 be sold now so that we can continue
our capital improvement projects that the voters have already approved.
Mr. Fannatto: Mr. Rosencrantz, when do you intend to sell the others?
May I ask?
Mr. Rosencrantz: The base of the rest of those bonds will be sold on
an as needed basis. We anticipate that over the next several years
of going to the market for $20,000,000 to $30,000,000 in bond sales
each year over the next several years.
Mr. Fannatto: In other words, you don't anticipate going to market for
several years yet, after this is over. Is that right?
Mr. Gary: No.
Mr. Rosencrantz: No, I said....
Mr. Fannatto: That's what you said.
Mayor Ferre: That is not what he said.
Mr. Fannatto: He said he doesn't anticipate going to market for several
years.
Mr. Gary: Can we make this a staff Committee of the Whole discussion?
Mr. Plummer: He told you June 14th, sir.
Mr. Fannatto: But he said several years before that.
66
sl
5/10/84
yA°'@i_i uSY ,"`-rx�,,K ^yT'"." .':;i•^A'{;t: ,1 ;�,�„ i'.�'.
�y ma�yt, y�yy�a�t y }},�,� yy �Xy ,-.F,=• _ �,
17T.�i lf�s���t�#,�., .,•i.@�i•t �i�Y�tG ���f"�'- .' .. •� ... . ��` . ��""%-` ' �; ` : ��ibiy
3vs.
w
IPima ttb Voj ' Ica didn't. t beard his say obveral yaara. i�f Y
tell sit chat 1 beard.
Mr. Rosenerantst Mould you like me to restate vhat i said? =
Mayor Ferret Yes, air, gestate it quickly~ because ve are about-t&►
break.
Mr. Nosentrants., That we anticipate each year, over the neat-deveral''
years, of selling G.O. bonds on the New York market in the amount of
$20,000,0OO to $30,000,000 per year.
Mayor Ferre: That's what we've been selling all along.
Mr. Rosencrantz: Yes, and that is based on a cash need.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Fannatto: In other words, we are not going to do anything on the
bonds that were sold in Overtown, Little Havana and none of these.
Is that right for many years, according to that, is the priority, you
will take in order.
Mr. Gary: It's based on the need and the plan, Ernie.,
Mr. Fannatto: Well, if they are going to be voted on, I'd like to speak
on them. If not, I won't. That's all.
Mr. Gary: O.K., we won't. You won't have to speak on that today.
Mr. Fannatto: You are not going to have the oned approved that go to
Overtown, Little Havana, or Park West or any of these bonds. Is that
right?
Mr. Gary: The ones that were just approved, we are not acting on those
today.
Mayor Ferre: No, let me make sure that you....
i
! Mr. Fannatto: If you are going to act on them in the future, I'd like
to speak on them too.
Mayor Ferre: Let me again, reiterate to you. There is a difference
between bonds that have been approved and authorized by the people.
That is what we are talking about on item "E". What you are talking
about is future bond issues to be put up for the people to vote on.
There are four public hearings that will be coming up. The first
public hearing, as I recall, will be May 24th. Is that correct, Mr.
Manager? Jack, do you have the dates? Who has the dates? There are
four public hearings dealing with future bond issues.
Mr. Fannatto: What project are they? May I ask?
Mayor Ferre: Overtown, East Little Havana, and the Parks.
Mr. Gary: Either May or June, Mr. Mayor, the end of May or June.
Mayor Ferre: They will be properly advertised and according to the
law, we will have four, not one, four public hearings before you are
asked to vote on these issues, hopefully in September for one, in
November for the other.
67
5110/84
sl
.4�F(i.N`yY. 'P+,✓'d .".^ty',i:�"+ C; '�'- vt%,,':kt:UP,
Mr* - x1
Mr. Vannattot fir., flosencrantto l heard you say a minute ago, you aan't
get bafora the bonding companies lot at leget silt months 'or langat, is
that right?
Mayor Perra3 It takes that long to go through legal proceedings.
Mr. rannattot I don't know what to say, .but if that is thilasueo* It
certainly wasn't very definite in the agenda. But i at going to say
this here. 1 don't know about these other bonds. Y wasn't here on
the Overtown Bonds, and the Little Havana, and Park West. .I as going
on record against all these bonds, because the bond rates are too high
and because it's going to break this community if you do all these at
one time, it's going to cost over $300,000,0000 Mr. Rosencrantr over
25 years. The taxpayers should know that. Let's not kid the people.
Let's take all these bonds, as you have before, and let the people
know how much it's going to cost in 25 years, just don't say that
3, 5, and 18. That's not what they are going to pay. That's one
thing I have about misleading the pubic, and I think they should know.
Mayor Ferret The afternoon meeting will commence at 3:00 P.M. at
7007 N.W. 12th Avenue, which is the Miami Northwest Community School.
Is there anything else to come up before this Commission for this
morning's session? We stand adjourned.
AT THIS POINT, THE CITY COMMISSION RECESSED
AT 1:10 P.M. AND RESUMED ITS SESSION AT MIAMI
NORTHWESTERN HIGH AT 7007 N.W. 12th AVENUE,
AT 3:30 P.M.
68 5/10/84
'04 r $x,�-:`
r�
•% I
N £
i �� ` 18Rb: MR. itt7t�'L'f, Pttb a� ' ��trD ROb'1t � l�fb -
THE PMCIPAL, FOR MIAMI NOM' AUTE0 i AND THE "Mun skoDY MCOME
Ift CXTr COM OSUM AT M%= NOR2H0tBg'1'ERN FOR THEIR MEETtN(3,
. rcak THE. RECORD MR. H. RoBER", PPISIDEW or tin"TION ?OR
M001 A, APPEARED AND RECEIVED A PRESENTATION SY THE CITY COMMISSION.
25. PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE DIRECTORS
OF IACAUY BASED COMMUNITY BASED ORGANIZATIONS (C.B.O.'s).
Proclamation: On the occasion of the Centennial of the birth
Presented of President Harry S. Truman.
Proclamation: Richard P. Brinker Day.
Presented
Proclamation: _Carlos J. Arboleya Day.
Presented
Certificates of To the members of the Overtown Blue Ribbon
Appreciation: Committee.
No Show
Certificates of To the participants in the Miami Police
Appreciation: Department's Creative Crime Prevention
Presented Playwriting contest.
Proclamation: Creative Crime Prevention Day.
No Show
Proclamation: Historic Preservation Week. Presented to
Presented John Clark, Chairman, Heritage Conservation
Board, and Arthur King, Vice Chairman.
Commendation: To World Wide Shoes. Presented to Barryt Paul,
Presented and Michael Hanna, owners.
Proclamation: Semana de los Municipios de Cuba en el Exilic.
No Show Presented to Desiderio Perdomo, President.
Proclamation: Ileitis and Colitis Awareness Week. Presented
Presented to Mr. Jules Gorlitz, Chairman of Anne Gorlitz So.
Fla. Chapter of Nat'l Foundation for Ileitis
and Colitis.
gl
69 5/10/84
. - - AWN
h
� d11
7ifi7�NY�YiiiiSi�iilPif.Wii7iYii iiYYYfBlriiiY.H`Jil`itYi►rhiiiiiY�iiriiYi.iiYYWYi.�iif.Yiiii iii�r�1".9fi�lil�fiilWri'�riiNt�/iliiiiYl�t.
25. CHMM 9mm fMAMCATION AT
APPROUMh"MY 2226 S.W. 25th AVI., and 2511-75 S.N. 22Nb
TM. NOM -►2/2 TO Ck- 2/7. (See related M-04-W re trlkffic ,
studies# cul-de-sacs] etc. in relation thereto).
i.irw�rrr:..:iwr..wiiililiY�.sri►:rir ----------a.rrrrr.rrrrr wr a.i.rwrY.filrwr
Mayor Ferret Alrighti now, this morning when we broke up we left
off with Item "I", but I think what I'm going to do is we left the
11 O'clock pending ordinance on first reading and I think Mr. Traurig
is here and he was going to be taken up this afternoon. Is there
anybody on the Agenda that has an emergency of any kind? Whether it
be for health reasons or catching an airplane or any other reason why
they must be taken out of turn. Alright, if not, then the Chair will
recognise you, Mr. Traurig.
Mr. Robert H. Traurig: Thank you, Mr. Mayor. Mr. Mayor and members
of the Commission, for the record my name is Robert H. Traurig. I'm
here on your 11 O'clock item which relates to the property at 2226
Southwest 25th Avenue and 2511-75 Southwest 22nd Terrace. Mr. Mayor,
recognizing the long agenda and the special circumstances of this
meeting, I would like to abbreviate this presentation in view of the
fact that we had previously made a presentation on this item. If you
will recall ---not at the last meeting where we were precluded from
making the presentation because 9 o'clock came and we hadn't yet been
heard, but the meeting prior to that ---we made a presentation which
related to the use of the property and the basic zoning issues and I
think that this Commission was unanimous in its feeling that the
zoning request was proper and that the proper covenants cover the issues
well and I would like to review them in just a minute, but that there
was a traffic issue which had been presented by Mr. Milian and Simpson
which needed some further review. We have since then had the opportunity
to talk to members of this Commission so that we could demonstrate
what we intended to do to ameliorate the traffic conditions to the
South of 22nd Terrace by having a cul-de-sac at 25th Avenue and 22nd
Terrace. Mr. David Plummer is here to make a presentation which I'm
think will be of great interest to this Commission and to other people
in this community as to ways to control traffic from infiltrating into
residential neighborhoods when that traffic gets primarily arterial.
Mr. Mayor, the first thing I would ask is a ruling from the Chair as
to the extent of the presentation that the Commission would like to
hear. Whether we should review what we had previously presented or
whether you would like us merely to review the covenants and I would
like to do that so that we can give comfort to our neighbors who's
properties we desire to protect, but other than that I think that the
primary issue which this Commission wanted addressed was the issue of
traffic and I would call on Mr. Plummer, David Plummer, no relation to
Commissioner J. L. Plummer to make that type of presentation.
Mayor Ferre: Alright, Mr. Plummer. I think as I sense it is the
consensus on this Commission that we abbreviate that presentation
so as to premit the neighbors the opportunity to have their say and
then I will give you time for rebuttal and then we will try to come
to a vote.
Mr. Traurig: Before doing that I would like you to know that I have
presented the covenant running with the land in unexecuted form to
both the neighbor and to the City Attorney's office and I just gave
a copy of the executed covenant to them. I would like this Commission
to know that as a result of a discussion this morning with Mr. Milian,
I would like the opportunity to include within the covenant as one of
the protected parties the neighborhood association known as the
Shenandoah Silver Buff Homeowners Association, so that they will be a
party and they will have the opportunity to enforce this covenant in
the event any enforcement needs to be sort. So, with only that
modification I would call on Mr- David Plummer to review again with
you the method in which we hope we can protect the neighbors to the
South of 22nd Terrace.
91
70 5/10184
ri
Mr. David, rtumfttt thank you, very woh.: t will be. toty brut*:: >
our
^ riti ii 6, isaaantatl6fti - there vere swe misundatktaMg.-
i'What we ste proposing is a tet�r►ite dti�
. plu: Jcdwse me, for one minute. This that we have just beep
handed is a denial. Has Mir. Traurig and Mr. Plufter got a, odpy Of tuts?
(SAWNY&D +00*0m 1AUDIAM
Mac,, Piufner: They have it? Thank you.
Mr. David Plummer: Actually, there is two issues then I would like
to discuss today. first, is the overall traffic impacts associated
with this project and the question of whether we are mitigating those
impacts. and secondly, is what are we doing to protect the neighborhood
infi,litration. First, as Commissioner Plummer pointed out we received
a letter at noon today written by Metropolitan Dade County to Mr.
Rodriguez saying that based on...
Mayor Ferre: You are talking too close to the mike, reverberation
is strong here.
Mr. David Plummer; Sorry. They are indicating that the... they are
recommending denial because of unacceptable levels of service at
Southwest 27th Avenue and Coral Way. If I could I would like to pass
out a letter that we wrote between noon and this hour stating our
position on that matter.
Mr. Plummer: I think in your favor you note that this is based on
1988. ,
Mr. David Plummer: Yes, sir. Rather than go through all the labor
pains I will just describe what the County has said and what we are
saying. The County is concerned about the intersection of Southwest
27th Avenue in Coral Way and I would like to state right here that
our projection for 1988 indicate that even without the white project
unacceptable levels of service will occur at Coral Way and 27th
Avenue. The solution is to provide not two, but three lanes in each
direction through the intersection. If that is done then acceptable
levels of service will be achieved at that intersection.
Mayor Ferre: Three lanes where?
Mr. David Plummer: Three lanes East and West bound. Three lanes
North and South bound.
Mayor Ferre: Well, there are three lanes now on 27th.
Mr. David Plummer: That's right, but there is parking allowed along
the right side, that would have to be removed.
Mayor Ferre: I got you. So, what you are saying is remove the parking
along 27th, remove the parking along Coral Way....
Mr. David Plummer: Yes and create a six lane or a three lanes in
each direction section. If you don't do that...
Mayor Ferre: Mr. Plummer, I just want to make one little comment to
you.
Mr. David Plummer: Sir.
Mayor Ferre: If Miller Dawkins and Demetrio Perez, think they have
problems with those meters going up and complaints from the property
and shop owners in this City, if you were to remove the parking on
Coral Way, I will tell you I don't think J. L. Plummer would ever get
another loaf of Arab bread from the local bakery and I don't thank that
I can ever go get a hair cut and my wife couldn't go get her hair done
because they wouldn't let us in the shop. You are talking about a
major undertaking.
gl
71 5/10/84
Me,, bavid timearr Weil# goynri' at the iftwaeotion tit 27th. k"n"
Obta tidy w+a mtroi. the I 2aat aide of 27th and the South iidb dt ' i1�'
Nay, ire ill twovisig that parking. 6n the Worth oido of Coral Vay
past of 27th Xvanue it t & already been temoved.
PAyor Perrot Are you telling me that we would go from two lanes with
parking in the.bark streets and as we got to your property theta would
be no parking and it would just... then that's when it will Warne
three lanes?
Mr. David Plummert Our point is that yes, as we... you need to create
the extra lanes through the signal. And what the County missed in
their letter...
Mayor Ferret Mow, I understand. I'm sorry, I stand corrected.
Mr. David Plummert Ok. What the County is missing in their letter
is that we have covenanted to do exactly that on the property which
we face on. We will be removing the parking and reconstructing
27th Avenue and we will be removing the parking and reconstructing
Coral Way so that that three laning can be done on our part of the
intersection. We have no control over the other side of the streets
and the point we made in the report was that unacceptable level of
service result even without us. And you have the option of either
the three laning on Coral Way or using 22nd Terrace as a parallel
route or as a third alternate not being concerned about the level of
service and let it just result. We didn't want to pick• a solution,
but we have recommended or we are willing to do our portion to
mitigate those improvements and spending over two hundred thousand
dollars for the reconstruction. What the County missed in their letter
is that we feel we have done our fair share of the improvements at
that intersection. The second issue is neighborhood infiltration.
The neighbors have been concerned and I don't think I have to review
this plan with too many folks because you probably all have seen it.
We have a grid pattern of streets between 27th Avenue and 22nd Avenue
and Coral Way and when that develops you get infiltration of the
neighborhoods with through traffic and I have discussed this before
with people. we are... a solution is available in which we could
come into a neighborhood and break it up the street system by creating
cul-de-sacs on the local streets and keep through traffic out of the
neighborhoods and what we are proposing as part of the white project
if the Commission would approve it, would be to construct a cul-de-sac
on Southwest 25th Avenue--- here is Coral Way, here is Southwest 22nd
Terrace--- just South of 22nd Terrace we would construct a cul-de-sac
that would prevent not only our vehicles, but the vehicles that are
already penetrating that neighborhood to take short cuts. It would
prevent them from infiltrating and ruining the lifestyle in those
neighborhoods. We endorse this plan. We... I personally endorse
this type of plan throughout the City where grid pattern streets
exist and it's the first logical step towards solving that problem.
So, we have agreed, number one, to mitigate our improvements at
27th Avenue and Coral Way which the County missed in their report.
We can't do it all, but we are going to do the part we can. We have
also committed to begin the neighborhood protection system, that if
you were to approve it we would construct that cul-de-sac. And I'm
sorry for last time's terminology where we used street closing. We
are not going to use that anymore. Thank you.
Mayor Ferret Alright, Counselor?
Mr. Traurigt Yes, Mr. Mayor. I know that Mr. Milian and Mr. Simpson
would like to address you. Before they do I would like to call attention
to a change that we made in the covenant which we have delivered,
subsequent to the last meeting and that was at the request of Mr.
Milian in which we agreed that any lots which we acquire on the South
side of 22nd Terrace could never be used by us or our successors or
assigned for commercial or office building construction and we would
not seek to use those as transitional uses so that we can avoid what
this Commission asked us about the last time and that is to begin
to extend and proliferate that commercial development to the South.
We were requested to add that and we have done so and I wanted to make
mention of it and accept for whatever rebuttal you desire that we make
91
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77
that=!ia,the sat4fit. OUo ur, istesentatim i`6chusb' MA thitk,"trAt,
issU6 te” was the ttaffle issue r,=: �.•:�= `_
Mayas nr9re: Counselor you don't . seam you vere rmp*6t6d . _:.J'd4-
!�"that voluntarily proffered thisP "f
Mr-. trausrigt . Well, the neighbors suggested that we Arid and We
voluntarily have amended and have offered that amendment to the City,
Mayor Ferret I.understand now. Thank you.
Mr. Plummer: Counselor, there is one other area and v+e will get to
that in a little while.
Mayor Ferret About what?
Mr. Plummer: There is another area.
Mayor Ferret Alright.
Mr. Whipple: Mr. Mayor and members of the Commission, for the record
Richard Whipple, Planning Department. I believe we had an opportunity
to make a brief presentation initially. I will try not to repeat some
of those items that we commented on at that time. however, as you
know we have recommended denial of this item, that we feel it's an
undue encroachment into the residential area. We believe it's a
commercial change of zoning of which we have had no indication or
showing of need to justify this request. We would suggest to you and
we had a number of slides available, but it isn't really convenient
today to show them to you, which indicates that the many properties
in excess of twenty or twenty-five properties along Coral Way have
been able to develop with the depths of the commercial or the office
zoning, whichever existed without encroachment into the residential
areas. That is the case on Coral Way. We see no reason why this
couldn't be the case on this subject property. I would like to point
out the seriousness of the approval as it relates to the rest of the
community. The problem is that we have a situation involving the
subject property which is not unlike what occurs on other properties
along the North side of 22nd Terrace between 27th Avenue and 17th
Avenue. Now, unlike 22nd Terrace to the West this is a very sound
very well maintained and very good residential area on both side of
22nd Terrace and I would suggest to this Commission that the precedent
associated with the approval of this zoning request today is bound to
domino if you will or trickle on down Coral Way and provide enormous
pressures, enormous pressures incidentally which are recognized not
only by the consultant to the applicant, but by Dade County and of
course, the City Planning Department. With respect to the traffic
as would be caused which is even greater than the impact of the traffic
that was related to you by the consultant previously here as
this development might occur if zoning was to occur this impact traffic
wise would became greater and greater. We are talking, for instance,
already just with the Phase I and Phase Ii of this proposed couplex
the signaling of 22nd Terrace at 27th Avenue. We are already talking
about widening of lanes. We suggest to you that this should point out
not only the impact of this project, but the impact or a potential
impact on down 22nd Terrace. I point out to you that with respect to
certain suggests being proffered evidently through the covenant and
through the comments made before you today that there seems to be
some kind of support of Dade County which we have not actually seen.
We have seen potential traffic solutions proposed, but we are not sure
that, number one, the City of Miami Public Works Department would
concur with these. Number two, that Dade County would concur with
these or if the State would likewise concur and all three governmental
agencies are in fact involved and the way the covenant is loosely worded
it does say that, yes, we will do these things with the concurrence of
these three governmental agencies which I suggested to you. We don't
know whether it will be done or not. Dade County very succinctly, very
quickly says in their letter dated today "On review of the referenced
traffic report dated January 1984 which you submitted to us now, plus
a f$w meetings with the applicant's traffic consultant, subsequent
report by the consultant dated March 1964 recommend denial of the
proposed.development based on projected unacceptable level of service
91 73 5/10/84
conditions on adjacent road syetsms in 1ggg, I don't believe there
is too much approval in that. *+mo to aftb of the au"Oationa` that are
being made before you. We believe it vill have... a gonih- 6haftoe'
vili have a very detrimental affect Wh the residential qualitj cif
Life in the area. The closing of one street or cut-de-aaoing, Edon
the term. The cul-de-sacing of one street is not a solution to the
entire problem. I would just like to paint out as I did briefly I
believe in my initial presentation, we have had several things that
have an impact on this property: Number one, we have a now toning
ordinance which increases the intensity of development permit on the
existing commercially toned property. Than when you couple that with
the change of toning of an additional thirty-eight odd thousand
square feet of residential property into this higher intensity
commercial property, it is quite a serious impact and we think it's
an impact that should not be approved by this Commission. If you have
any questions I will be glad to answer them at this time.
Mayor Ferre: Let me ask this question of both you, Mr. Whipple and
Counselor for the petitioner. Bob, I have an open mind on the issue
of rezoning of the property. I have a closed mind on the issue of
the street. I think what Dave Plummer has come up with is a great
ideal and I would have an open mind on it, but not on a piecemeal
basis. I dontt think we can do it on one street at a time. We have
got to do it... at least it's got to be on a neighborhood basis. I
just don't see how in the world.... I don't think it necessarily has
to be city wide, but I think if we are going to approach this problem
in this area it's got to be the whole neighborhood. In other words
from major arterial to major arterial on an East/West basis and on a North/
South. I just don't see how we can do one particular street. Alright,
that's just one man's opinion.
Mr. Traurig: Mr. Mayor, several things need to be commented on. I
think that your desire to achieve a neighborhood solution rather than
a minor portion of the neighborhood solution is commendable and we
would work at our expense with the City to achieve that and we would
provide the services of Mr. Plummer to that end. We think that the
zoning is a logical request. The request for the zoning. If you
recall from our earlier argument we pointed out that there is a very
big difference between what we have, between 25th and 27th Avenue and
between Coral Way and 22nd Terrace and what the neighbors to the East
have. First of all everything except the seven lots within those
blocks is already zoned CR-2/7 whereas to the East of us is Ro-3/6 and
we are insection of 27th Avenue. We can build exactly the same product
without this zoning, but we were doing it in order to balance the
development. Now, the zoning issue...
Mayor Ferre: Bob, would you show me... John would you point out on
the map where the CR-7 is?
Mr. Traurig: See all of that is CR-2/7, only the seven lots are zoned
RO-2/2. Excuse me, RO-...
Mayor Ferre: Yes, but see the other stuff is on Coral Way.
Mr. Traurig: But half of the block from 27th Avenue to 25th Avenue
is already zoned CR-2/7. We are just completing the block and the
results of that...
Mayor Ferre: In that map is the brown portion.
Mr. Traurig: That's right. The results of that is that on phase I
we are only increasing from eighty-five thousand square feet to
hundred three thousand square feet and our covenant says that we will
deduct eighty thousand square feet from any development further west
So, therefore, we are not seeking more square footage.
Mayor Ferre: See, as I said I have an open mind on the question of
the CR-2/7. Where I have a closed mind is on the closing of the street
or if you will on the cul-del-sac at the end of the street. And it
isn't that I'm against that. It's that I'm against applying it
unilaterally to one street and not to other street. I would like you
to know that our covenant says that the owner subject to approval by
91
74 5/10/84
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your Public Works Department.... oxftse maj, that's not the one. , .
subject to the approval by the City's Public Works Department and. the
City Commission and prior to the issuance of a certificate of occtpancy
tot phase 1. the owner will cooplete the street UVrovemnts, *to,,
and - will -include that "fi" turn around of- 25th Avenue South of
22nd 'terrace, We have also pledged both in this covenant an orally
and before this Commission and in private session with our neighbors
that we would fully support their effort and they have a petition frm
a hundred or more property owners in their neighborhood that says they
want to do this. They need it now without our development. We could
create a worst traffic problem than what we are proposing if we didn't
come before this Commission for the zone change, because we could
already build on the CR-2/7 the same number of square feet and we
wouldn't have the traffic controls that we are voluntarily proffered.
So, what we are saying is that because we have had good faith dealings
with them and they have been very responsive to our needs. We were
going to be totally responsive theirs by cooperating with them so that
we could develop this cul-de-sac, so that that infiltration that Mr.
Plummer spoke about would not occur within their neighborhood. You
have gone one step further and said, but that may not be the only
intersection that needs to be protected and I think you are right and
in private sessions I think we have pointed that out. We will work
with this City on a long range plan to try to achieve that. We don't
think that the zoning of this property should necessarily be held up
until you have done a city wide study with regard to that kind of
prevention of infiltration into neighborhoods. We think that the two
stand on their own, but we have comitted unconditionally to our
neighbors to cooperate with them in trying to achieve this result.
Mr. Carollo: Bob, you made mention that you could build the same
thing without getting a variance. Well, when you say the same thing
does that include the same percentage of businesses? Is that what he
is talking about?
Mr. Traurig: Yes, but what it would do is that we would have less
development on the 25th Avenue side and more development toward 27th
Avenue. We could only build eighty-five thousand square feet on the
land that is currently zoned CR-2/7 which is at the 25th Avenue side.
Whereas we can build a hell of a lot more than what we are proposing
to build further west, but we have said we won't build it and to the
exist that we get any additional square footage as a result of this
zoning, we will deduct that from anything that we are other wise
permitted to build towards the 27th Avenue side. But the answer to
your question is that within our current holdings we can build exactly
what we are currently proposing to build.
Mr. Carollo: The same square footage and businesses and everything
else, office space...
Mr. Traurig: Yes, sir.
Mayor Ferre: Alright, I think we ought to hear from the neighbors
who wish to be heard at this time. Are there members of the community
that wish to address the Commission at this time on this issue? Alright,
sir. Are there any other speakers? Please step forward in succession.
Mr. Randy Dixon: My name is Randy Dixon. I live at 2248 Southwest
25th Avenue and I would like to comment and say that to me this situation
that's being developed between white office plaza, Mr. Traurig, the
Commission and myself and members of the community, we feel as a community
that we have achieved something that initially when we heard about the
development we didn't realize it was possible. That is we have not
taken a hard line approach in absolutely refusing to support the
developer in any fashion, but rather we decided we have some problems
in our neighborhood that we have got to resolve. We would like to use
this as a means of achieving that goal for resolution of these problems.
The developer has been cooperative with us in developing covenants that
were intended to protect the neighborhood and help us improve the
neighborhood. This a middle income neighborhood, a rarity in Miami
and we are hoping that we are able to bring this neighborhood up and
cause it to be more stable, help prevent the City of Miami from moving
through our neighborhood every afternoon at 5 o'clock which it's presently
91 75 5/10/84
�Y!
doing# help . *Aufie it better utilization of the Nett6r&il bar 0juslat
.out neighborhood to be lees successful traffic wista,. And atilit0o
in 'general the best of our means to.let the develppet of this project
help this 0611iunity. Thank You. -
Mr. Arsenio Milians Good afternoon. My name is Arensio Milian. •t
live at.26S7 southwest 23rd street. I'm a property owner in the area.
1 have come before you on several occasions. I castle to the Zoning
board to express my concerns of what is happening in our neighborhoods
with these type of developments. We have tried to bring to your
attention that this is a very stable neighborhood. It's a neighborhood
where the people have pride of their properties where they are being
kept well and it's a nice neighborhood as someone indicated here. it's
becoming a rarity in our community. We have expressed to the developers
some the concerns that we have had and in many occasions we have a lot
of meetings and as he indicated some of those four lots already facing
22nd Terrace already are commercial and they used to be a parking lot
for the Saunders Hardware Store as you probably know, but the problem
was that after 6 o'clock Saunders Hardware Store closed and we could
live peacefully out there because Saunders was closed and there was
no traffic generated by that establishment. That will not be the
case with these type of developments and it has not been since they
had that video power house where we have been all of our quiet and
peace in our neighborhoods have been totally distroyed. We have had
a lot of discussions with the developers because we are not totally
opposed to the development. We want to work in such away that we can
minimize the negative effect that this project is going to be creating
in this neighborhood and we feel so threaten that this has caused the
neighborhood such an interest in the protection of that neighborhood
that recently Silver Sluff/Shenandoah Homeowners Association was created.
We are trying to minimize that negative impact that is going to be
created especially by the traffic and also, by the parking. As you
know they have proposals for two parking structures that are going
to be facing a residential area, single family homes and it is our
concern that since this parking garages are going to be paid parking,
that the people that are going to be working in those buildings are
going to be parking throughout the neighborhood changing the character
of the residential area. That is why we have tried to meet with the
developers on several occasions and we have created a list of concerns
that we have had. I'm glad to say that the developer is amenable to
all of those proposals that we have made and we come to you requesting
that you consider especially the "T" cul-de-sac that is being proposed.
I know there is some concern to the Mayor, but I think if you are
going to be looking at it you are going to be changing just a part of
the residential area and you are not looking at the entire problem that
you could be creating by the domino affect. I think that you should
be concerned about what the little problems that's going to be created
to those surrounding the area and I think by having the "T" cul-de-sac
that will eliminate tremendously the negative impact that the traffic
is going to be generating in our streets which is putting in jeopardy
our own children and I think that it would also avoid or preclude the
people from parking in our streets and as you know this is already
being created by those parking meters which is taking the people out
into the residential area and I have had occasions of having people
parking in front of my house during eight hours of the day. That
changes the character of the neighborhood.- So, with this in mind I
have to request from you that to allow the changes that you are doing
to this change in zoning and you are trying to and I understand you
are trying to increase the tax base of the City. Please bear in mind
that some of these people that live in that area have made the entire
life savings to buy their houses and now all of the sudden the rules
in the game are changing and I don't think... I think you should be
concerned about the protection of the property of those people that
do not have the ability to move else where. So, I certainly hope
that you will consider and the number one problem that I think will
be soften will be the traffic by 'these closure of streets and I think
you probably will consider a further date to have a traffic study of
the entire neighborhood and then look at it from a Master Plan standpoint.
But if these zoning changes is going to be approved we would like to
have the closure of the street. Otherwise, we want to be on record
that we will totally oppose to any change in zoning and I think you
will have here all the neighbors in the Homeowners Association present
here for the second hearing that will be totally opposed to this if
gl 76 5/10/84
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th6 dlogure of that street is rlbt a0rbved, And 1-eartainly 1ds6
that this. " d6he . in. ftnJuriptim with the than" in the tamft96 .: We
fth'* t W"t it"- to be at a savarata tiff s "Ahk vau v6ry, sa��h, fat ate
A t Atitibn.
mr. Caroiloe Arsenio, if I say, the points that you have made as a
awVr6 cdsa with the devolop*r and 'the attorney r0t6bentiml- hib... It
all thase points vote to ba met, v6uld I be correct in assuming theh
that you all would be in agreement for the development to go ahead
then.
Mr. Milian: Year sir.
Mayor Ferre: Alright, and so what you are saying is--- and I assume
that you are speaking for the majority of the neighbors--- that you are
not opposed to the CR-2/7 being extended to that back portion of that
lot where Saunders was provided, however, that the streets be cul-de-sac
so that there limited access as people come out of that commercial
property and what I'm saying to you is that I have got no problems
basically with the zoning issue at this point. My problem is with
cul-de-sacing that street without doing the same thing in the rest
of that neighborhood and I just...
Mr. Milian: Well, I certainly hope that you could also look at the
other parts of the neighborhood. Taking 22nd Terrace is an arterial
way. I think it's wrong. In principle I'm opposed to a change zoning
but I think we want to be reasonable. We want to be... -not to oppose
progress and that's why I think it's just to compromise, that we feel
it's not going to be the solution. I know that this will not eliminate
the problem entirely, but it will certainly reduce it.
Mayor Ferre: Mr. Milian, I'm sure you are aware and for us to do something
like this is precedent setting. This will be the first time in Miami
that something like this would happen. Mr. City Attorney.
Mr. Carollo: No, no, Mr. Mayor, it has not. Near the area of Espanola
and U.S.I.
Mayor Ferre: On U.S. 1.
Mr. Carollo: In U.S.1 that was done. If recall Plummer, back in those
years was very much in favor it.
Mr. Milian: Mr. Mayor, if I may...
Mayor Ferre: Wait a minute. Wait, wait, I don't know who is talking,
but I want to finish what I'm saying. What I want to say was that
on a long Brickell Avenue what was called the Southern part of Brickell
Avenue, in other words, towards Vizcaya and over in Natoma there
was a total closing of the street and the reason why tnere was a totai
closing is Alatka is because it was a death tram. There was rust
no way that a car can go onto that highway at that intersection and the
accidents that were going to occur were so horrendous. I mean, total
demolition of cars, total... that's not the case here. You are talking
about a street, you are talking about a residential street onto another
residential street which then goes into an arterial and we are not
talking about the closure of, but cul-de-sacing of the end of residential
streets in a residential neighborhood. Mr. City Attorney, I was going
to ask you a question. obviously, you cannot give us the wisdom of
the court, because you can't make judgements for a court of law, but in
your opinion and your legal opinion, if we were to grant this cul-de-
sacing would that set what is be called in zoning law a precedent?
Mr. Garcia -Pedrosa: Mr. Mayor, I think it would be a precedent. Now,
whether that precedent is binding on another case it's a different
question.
Mayor Ferre: Well, let me ask you the second question which you have
already foreseen my asking. If that precedent is set is it possible...
I'm not asking you if it's probable because that unfair. Is it
possible that in other similar circumstances where there is a zoning
variance granted that would make a property on a major arterial street
91 77 ' 5/10/84
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Mr. Mitcia-Pedrosa t Yes r At. Certainly it is possible for the City„
to be taken to court on that theory.
Mayor Ferret Nor# lest me ask you is it probable?
Mr, Garcia-Pedrosat I think what you are asking me is it probable that
they mould be successful?
Mayor Ferret That's correct. Is it probable that it a taxpayer
resident of another residential neighborhood were to say Judge I'm
suing the City because the City of Miami closed off 22nd Terrace and
23rd Street by cul-del-sacing at the end of those residential streets
and I have same rights as those citizens do and I demand the same
treatment under the law.
Mr. Garcia -Pedrosa: Mr. Mayor, I have to answer that question in the
negative. I don't think it is probable that theory would succeed
although I can 'certainly see it being made in a court of law. —
Mayor Ferret Ok.
Mr. Carollo: Well, let me say this for the record, Mr. Mayor, the
only way that I will be voting for this zoning would be if those
neighbors that live within that neighborhood are protected by the
closure of that Street and... The closure of that street, first of all
is not going to hinder whatsoever any emergency vehicles. That's the
first thing that should come to mind. They could go through the side
of that street, plus most emergency vehicles that will be coming to
that neighborhood are going to be coming from the opposite side 27th
Avenue, not from Coral Way. And if I may add Mr. Mayor, I think that
whatever decision is to be made here today or whatever future date on
this property, it should be jointly made at the same time in conjunction
with the closure of that street if that is the will of the majority of
the Commission.
Mayor Ferre: Alright, are there any other neighbors that wish to
speak. Yes, sir.
Mr. Randy Dixon: Mr. Mayor, I would just like to address one
issue or bring your attention to something you may very well be aware
of and that is that in the City of Miami Springs along 36th Street,
all the streets perpendicular to 36th Street, two hundred feet North
of 36th Street every street was cul-de-sac for a distance of three
miles and there has been no additional suites filed in Miami Springs
since then. The purpose of the Commission to close those streets was
strictly the same that we are looking for here, that is to divide a
development buffer zone between commercial and residential properties.
Mr. Carollo: Another explain is the City of South Miami. They are
doing that now.
Mr. Dawkins: Let me ask a question please. Isn't it... It's my
understanding that the neighbors and the attorney that worked out
this agreement and the gentlemen doing the project is amenable to the
cul-de-sac and the neighbors are amenable to it?
Mr. Dixon: That's correct.
Mr. Dawkins: So, as the Commissioner said there has been a compromise
and you guys have worked out a compromise and everybody is happy.
Right?
Mr. Dixon: That's correct.
xr. Dawkins: Thank you.
91
78 5/10/84
°a'il y,`I'i fi-i. :.f: 4•.x.:
lzi�y a +ou 00t to read that into the record?
,_hairdo: Mr. -city' ttor�r is there .ldt�ything mat rl t9►►ii
i�rn'_ +proving the aul-da-sac of that street at this �tr'
.today � L.
kaybi perre: fccuse tee, for the... I'm not interrupting, but � Oust
Want to strengthen it, beoause,.l runt to make sure that rrs..have 46od,
solid, legal,grounds. I am almost positive, Soe, that 4ithin a year
the, people on the next street over grill be suing for cul-saying at
the end of their street. Absolutely, inevitable. t think it's.already
in the vorks. Ok. Now, perhaps I shouldn't be saying this, but I
want to make sure that we have it on the record that the City Attorney
has good legal, sound grounds and I have asked him... he came over and
showed me a case in which specifically it is stated that the police
authority...
Mr. Carollo:... and the closure of that street.
Mr. Garcia -Pedrosa: You would have to have a public hearing for the
closure of the street.
Mr. Carollo: Well, for the cul-de-sac.
Mr. Garcia -Pedrosa: Right. Because that constitutes a closing of a
street.
Mr. Carollo: Ok, can this be construed as being the first public
hearing and then have a second one or not?
Mr. Garcia -Pedrosa: No, because you haven't advertised it as such.
Mr. Carollo: Ok, so we would have to have two public hearings on the
subject?
Mr. Garcia -Pedrosa: Yes, but you would have to have that and you would
have to go through the Zoning Board as well according to the Code.
Mr. Plummer: The Plat and Street Committee.
Mr. Garcia -Pedrosa: Oh, the Plat and Street Committee, that's right
and then Zoning Board and then come here.
Mr. Carollo: Ok. How long of a period of time are we talking about
approximately Mr. Manager? How long does this process take?
Mr. Gary: That would be approximately four to six months.
Mr. Carollo: Four to six months. Now, if it's sped up, Mr. Whipple,
like something are done, how long should it take?
Mr. Whipple: Four to six months, sir, depending upon how the meetings
fall and the dates. If I might pursue your thought for a minute,
what has been said is that in order to close the streets you have to
replat and officially close it on a map. I might point out to you
that we are talking about closing a street in front of two properties
which as far as I know are not under the control of the applicant today.
I think that's one of the points that I wanted 1:o bring out in relation
to additional comments on the covenant. With al.1 due ::expect I
understand that the points that are in the covenant and they all are...
have stated today. However, we have concern that with all the ifs in
there or with all the subject tos such as subject to State approval,
subject to County approval, subject to City approval, that in fact if
somebody is saying no through all these proffers, then the bottom line
is the building is built and the neighbors do not get what they think.
At least that's my opinion as to the contents of the covenant which I'm
having a problem with.
Mr. Carollo: I think you are reading it very well, Mr. Whipple.
Mr. Traurig: May I comment, sir?
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79 5/10/84
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kfir,'1'raut3.gr xt'S not AUbject to State approvaii., It's wt• tobjeat Aw,
gutty it's a -local street. it's only this comifialon and
the other agencies, rather departments and Boards who report to this
06 midsiot: VM* is a 'local street., We have disoustsed this with' the ,
county Public Hocks Uapartment. They have acknowledged that thi* as. 'a
local street and that the jurisdiction in in this Caftission, With
regard to the cloning of the street. Mr. Carollo, we are not closing
the street and vacating the right-of-way. The street is, going to be
there. It's a public street. We are merely cul-de-saeing it so that
the street doesn't... so that the traffic can't pass the cul-de-sac'
onto 22nd Terrace or vise versa from 22nd Terrace onto 25th Avenue.
And in the construction of the cul-de-sac, emergency vehicles will be
able to go across the cul-de-sac if they are coming from the South and
we would build it in that manner. We have made all of those commitments.
Mr. Carollo: Mr. Traurig, do you or should I say, does you client
presently own or is in the process of owning the two properties at the
corner where the street will be closed?
Mr. Traurig: No, sir.
Mr. Carollo: My next question is the commitment for the construction
loan that you client has, up until what date is that commitment good?
Mr. Traurig: The commitment for the construction of the cul-de-sac?
Mr. Carollo: No, no, no, I'm saying for the project. In other words
do you have a date that your client has to start construction by in
order to acquire that construction loan?
Mr. Traurig: No, sir. The clock is ticking on the interest cost. It
has been ticking a long time as these proceedings have taken a long time.
if we were to defer final action, if this Commission were to defer
final action on this application for four to six months, I don't know
whether or not the applicant would have the financial strength to
survive that period of time and pay that interest. That is the real
problem that we face in the long delay that was being mentioned.
Mr. Carollo: Ok. Gentlemen, I don't know how the majority of you
feel, but so far the only one in this Commission that I have heard
express that's in favor of closing the street to protect the neighborhood
is myself. Now, if nobody else feels the same way I would...
Mr. Dawkins: I will second the motion if you will make it. I have no
problem with it.
Mayor Ferre: Closing the street?
Mr. Dawkins: Yes,.
Mr. Carollo: You see, the problem is Miller that and this is what concerns
me...
Mr. Plummer: I'm sorry, you can't do that.
Mayor Ferre: There is no legal way we can do that.
Mr. Plummer: You have got to go through the process.
Mr. Carollo: If we approve one without the other, that means that the
guarantee that the neighbors will have is going to be very shaky,
because you don't know and knowing like you do by now the way things
happen, you don't know what's going to happen from here to three months
from now or four months from now when this comes back to the Commission.
And in the meantime, if we approve the zoning for that building and what
if you don't get three votes from this Commission or along the process
something happens that you can't close that street... what happens is
that those neighbors are stuck with the project without no protection
and that means that those that have property adjacent to that, they
are going to have a heck of a time, not only living there, but if they
wanted to sell, sell out at the price that that property was worth today.
gl 80 5/10/84
_. `.r•: fi G�,9-�Lvs; '7 _ _ _ _7 '$°ha� - �°9 yy�s
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lftyot �6#!`6 t . We It , that l Can rdofabibr _ And 1& WMpP16 rIft► . b!��t
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t'it�iJbf kiaffi3 • D6 00 can .you r` er',.a»y, .t -,1Mt: 8w
tt7
lam`. *Ipplet Not in this Mannar, air. It's usually been a bul-dei►ba,649
where the 46volopment of, the property is actually ending;or: just berote
it endrl 'to other words# there has been subject divisions...
Mayor Ferret Where there is a dead end. Where there is a dead end
kind of a...
Mr. Whipplet ... which are dead end is correct. but we have never
done this to my knowledge.
Mayor Ferret Yes. For example, over Tigertail one time when we
replatted a piece of property we built a cul-de-sac at the end of it,
but that's a different matter. I'm talking about a through street
which is what it is now and where we would cul-de-sac it. Now, I think
that there is no question as you or the Manager stated that for.us to
accomplish this we would have to have an advertised public hearing and
go through the legal process of doing that. I don't think you can do
it any other way. Now, I'm going to tell you and please don't get upset
with me in teh neighborhood. I frankly don't see ..... these people are going
to build their project one way or the other. I don't think there is
any questio about. The question is what kind of a project they are
going to build. I don't see any illogic to continuing the C-327 through
the remainder of that block the way they are requesting with the
covenant that they... that's one menns opinion. Now,... and I have
no objections of cul-de-sacing that street provided we do it in an
orderly reasonable neighborhood approach and let everybody have the
same right. I think you approached from a neighborhood point of view
then I think we have legal grounds to stand on. See...
Mr. Whipple: Mr. Mayor, I would agree and if I could just carry that
a hair further. The comment was made earlier this "T" would be good
so it wouldn't impact the neighborhood. May I point out to you 22nd
Terrace to the East there is a neighborhood on both sides of 22nd
Terrace.
Mayor Ferre: And those people are going to say you did it for them
you do it for me.
(COMMENTS INAUDIBLE) .
Mayor Ferre: And I don't see how legally we could say "yes" to one
and "no" to the other.
Mr. Whipple: Well, I just wanted to point out that that one "T" turn
around may stop traffic from going South, but it doesn't stop traffic
from continuing on East which could have a similar type impact.
Mayor Ferre: And the other aspect of it is that indeed it may force
traffic to go around one extra block and so what you are doing is you
will make people travel along the residential street one extra block
and then go South. Do you follow me?
Mr. Whipple: Yes.
Mayor Ferret In other words, you are cul-de-sacing...
Mr. Whipple: No, it just means they will go down 23rd Avenue rather
than 25th Avenue as they do now.
Mayor Ferret You see that pencil he just put there...
Mr. Plummer; 24th Avenue.
Mr, Whipple: The pencil is at 25th.
Mr. Caroilo: They can certainly do that Mr. Mayor, but then it would
defeat the purpose of them saving a block. So, most likely what you
81
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VMda,Uve theta fis People 1ftg around Ift the ft0fit at ObtA ..M&I
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emu.rere trying, -to get then to &cccVlikh. ltowt mri. WhippOt",4AP
anyway-- :that. --it this . is to, be appt oved today, that, we ear 9U&r ���b
the'. +►igsion - level after it passes procedure that it would hsVO to, , ,
pass#°that that street will be closed? t don't think there is riche
is there?
Mr. Whipple: I.don't think there is. I think it's a matter,whidh ._
you.wouldF.either have to have a companion with your approval or close
the street first and then come back with your zoning change. What's
one means opinion.' It it true the City... and incidentally'a
clarification--- it is true the City has control of this neighborhood
street, but they don't have control of the other improvements that
were proffered in the covenant that do relate to County streets and
State roads such as 27th Avenue and Coral Way. It is true that we
do have the control on 25th Avenue.
Mr. Carollo: The only thing that I can think of and I don't think how
it's..* may be I'm wrong, but I don't see how it's going to help Mr.
White, is that we approve this project subject to the closure of that
street. In other words, if it's not closed...
Mr. Plummer: You can't condition zoning.
Mr. Traurig: Mr. Carollo, can I shed some additional light.
Mr. Plummer: Let me ask a quick question. Mr. City Attorney, I'm
going to be very technical. Is there not a difference between a
street closing and a cul-de-sac?
Mr. Carollo: Yes, there is. Street closure means that it's closed
permanently and a cul-de-sac, is not.
Mr. Plummer: That's why I'm asking the question. Does a cul-de-sac
have to go through the same process as a street closing?
Mr. Garcia -Pedrosa: That's an easier question Commissioner Plummer.
We really don't have in the Code a provision specifically addressed
to this matter of cul-de-sacs. The provision that we have is with
respect to close and abandonment and discontinued.
Mr. Plummer: It's not being abandoned.
Mr. Garcia -Pedrosa: I realize that and that's why the answer to your
other question and your first question, I think is that "yes" there is
a functional difference between a cul-de-sac and what we call closure,
abandonment and discontinued. I think you have to realize that in either
case...
Mayor Ferre: Wait a minute. Are you telling me that you have researched
this in the law and you are giving us... Are you willing to put that in writing?
Mr. Garcia -Pedrosa: No, I'm telling you that I looked in the Code and
I did not find any provision dealing with cul-de-sacs.
Mayor Ferre: Well, I would like ---I'm not a lawyer, but I would like
to ask you a question as to whether or not you are going to be... Are
you telling me you would defend in court that something that would be
an obstruction to traffic could not be argued technically and legally
as a closure?
Mr. Garcia -Pedrosa: Oh, no. That's why I said to you before Mr.
Mayor, I think that Commissioner.... in answer to Commissioner Carollo's
question, that I think we ought to apply the provision that we have
which requires going to the Plat and Street Committee to the Zoning
Board and so forth, but...
Mayor Ferre: In other words, let me put it to you this way since in
the two years that you have been here you have always shown to be I
guess what in the law is called "prudent".
Mr. Garcia -Pedrosa: Well, yes, but the reason that I answered
gi 82 5/10/84
OdWilthfaftir. Plater' tM wa1► r did- is he Said he VAfitod, to U'Aadmie
arA, tbtWdftllr w i t have ° a eiu►i de raa pv# ita '+ ., Just ; . t�#a , , e:
wid
' idly -thi& phcedu�te that we have for vacating, distantlnt
and &&ft 4ft§ streets in this instance vhich is why I told Oftuiilli sy
Ckrolit"that the profess would be tough Plat and Gtrsst,. -26M 9 ;mod 4
and 'tl� �ty ��t►iae3x�rs. ,.
Mayof r6rrei Are you Saying that the prudent, legal thing -to do..111 to
fthation-wider the conservative approach of the interpretation of the,
law? is that Vhat you are saying?
Mr. Garcit-Pedrosa: I couldn't have said it better myself.Mr. Mayor.
Mr. Plummert Well, I think you bring up another point and this
I'm sure would be the concern of the neighbors. You refer to a street
closing as permanent. A cul-de-sac is not necessarily permanent. Now,
is in the covenant that cul-de-sac... Well, they don't have control
over it.
Mr. Dixon: If someone were to sue the City I would think
that at that point and time the neighborhoods would just have to
to take the easy way out, by reopening the street.
Mr. Plummer: I didn't hear you or I didn't understand you.
Mr. Dixon: If the City is as concerned as they seem to be
about creating a situation that seems to be a precedent. I think I
can speak for the neighborhood and say this, that after canvassing more
than four or five blocks in any direction 25th itself is an unseal
street. If the City wants to go through the process of not "legally
closing" that street and at some point and time someone comes along
and wants to sue the City to say that I want my street closed, the
City could very easily say ok, fine, we will just open 25th Avenue
back up again. I think that once the street is closed or cul-de-sac
the neighborhood in general is going to benefit and you will find
people being more than pleased that they have done that one little
things for the neighborhood.
Mr. Plummer: Look, that's in the immediate area. The concern expressed
{ by the Mayor is 24th Avenue and 23rd Avenue...
Mayor Ferre: Yes, but listen I have gone down and looked at the map
and I talked to Mr. Plummer over there and I understand what he is
saying and what Carollo was saying about the impracticality of somebody
doing in a big "S" to go over to come back and... So that I understand
the logic of that. Let me tell you again where I am, ok. I see nothing
wrong personally in extending the zoning of CR-2/7 through the remainder
of that block. I see it as a logical, reasonable consequence. It is
a proper... that's my personal opinion. Furthermore, I would be for
the cul-de-lacing in a carefully thought out neighborhood approach,
I am opposed to a one shot, one street cul-de-sacing. I just think
that that not the way. It is not a proper way. Furthermore, as I
understand it, it is illegal for us to in a prudent, conservative,
judicious manner, for us to acquiesce to theory that a cul-de-sac is
not a closing, because I think you are on very shaky, legal- grounds
and I think that could be tested in court and we could be defeated
and we would have problem in that. Therefore, what I'm saying is
this, I am willing to vote, for the instruction to the administration
for the immediate studying of that general neighborhood for traffic
patterns that would guarantee some kind integrity to the residential
portion of the neighborhood so as to protect them from the commercialization
of 27th Avenue and Coral Way which is inevitable. Ok. But... and at
the same time I would have no problem in voting for CR-2/7 in this
particular request. That's one man's opinion.
Mr. Milian: Mr. Mayor, if you would allow me, I would like
to expand a little bit on that. I see that you are not concerned about
the changes to CR-2/7. Now, you have to remember as I mentioned before
that the reason wby we have that commercial property down there behind
Saunders did not create a problem to the neighborhood because it close
at 6. Now, there will be tremendous negative impact on that neighborhood
and that should be your concern also. And the traffic...
gI 83 5/10/84
k,
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layft1ftrel It is my o0acern, but you see# they have a aright to
build a building tight nWw and build eighty-five thousand 'square f"t
is Mtc...'LltiWiq 4614�
kr" Mille Alkause,me, . air, but it is true that they can
build sane square rootage, but it will be in a different ;fashion+ :'they
will have to be only limited to exits on 27th Avenue:.Vhey,will have
to be On Coral Way and also, they would have to provide their parking
down stairs which will limit the amount of stores that they can have,
you know, they would probably have to have the stores that they plan
to have on the second story and you know that that Creates a limit
to the amount of people.....So, there is a benefit to them having
this and it's not just that they can build the same square footage.
It's also how they are going to be doing it. But there is a definite
impact on this neighborhood and I think that both of them should be
together. If you don't want to look at the closure of the street from
just one single point and you want to look at the entire area, I would
suggest that you do same thing with zoning and look at the entire area.
Mayor Ferre: But see, in effect what you are doing by doing that is
killing any probability of this project going forward because it will
take four to six months.
Mr. Milian: I was told by Mr. ---is this on?--- that this was
not a vacation of the right-of-way and therefore, it will not take
that much of a length of time as if you were to vacate the right-of-way.
Of course, I'm not an attorney and perhaps he can address that.
Mayor Ferre: Mr. Traurig.
Mr. Traurig: I would like to make some continents and some suggestions.
You have from time to time placed signage on streets which annouces
that those streets are local streets only, can't be used for through
traffic and those regulation are being strictly enforced.
Mayor Ferre: Bob, we have an expert in this room on that kind of
signage. His name is J. L. Plummer.
Mr. Traurig: I understand that it doesn't alway work.
Mayor Ferre: I would like to ask Commissioner Plummer how effective
those signs are in his neighborhood.
Mr. Traurig: But you know and we all know that if we started today
to close our construction loan and to complete our working drawings and
to commence construction of this property, it will be eighteen months
before we can finish it. We are not going to impact this area for
a long time. A motion of intent by this Commission and I know that
each person considers everything he says and every vote cast in a very
solemn way, a motion of intent of this Commission to accomplish what
these neighbors are asking will have a great affect. We will expedite
the process and we will not be impacting this street. We are asking
you to approve the change in zoning as you indicated Mr. Mayor, that
you could do and I think all the other spokes people here have indicated
that they could do and the only thing that we are hung up on is the
timing of the closure or that the cul-de-sacing of that street and
we are suggesting to you that one of the devices that you could use
temporarily, although, the traffic is not being impacted by our
traffic is to put that kind of signage up which we will pay the cost
of. We are merely asking you expedite the ultimate resolution of
the zoning issue at this time and we will all work together for an
ultimate solution of the neighborhood traffic issue as expeditiously
as possible.
Mayor Ferre: What's the will of this Commission?
Mr. Carollo: Bob, you know, that's all fine, but I submit to you, sir
that what you want is the beef without all of the other ingredients
that go along with the hamburger.
Mr. Traurig: No, sir, because I'm making an absolute comarnitment to
commit myself to working on behalf of this neighborhood as diligently
91
84
5/10/84
x J yy
and as long and as effectively to l can to &COMpliah their
W i Od"116V Bob # no oft* tin 1JUGetioningr your Word of that 'Matter. : What
As the - condefh Of the neighbors and it . would be a great . ftneervi to Me
if l lined there acme of the fever investments .that I -would have ,vftld
be in A piece of promrtyr a homestead that I would Own there aid<if
that was not closed for whatever reason the impact that it would have
in my neighborhood. And seer when I asked you the question on the,
exact square footage, the exact business, I think Mr. Milift answered
it a little more precise when explained the difference of why you are
asking for the variance, because it is going to have a Major impact
on .your ,project.
Mr. Traurig: Let me explain to you differently why we are asking for.
it. We could build our office building on Coral Way. If we started
only on the East end, the 25th Avenue end we could build that office
building on Coral Way and because of the transitional use of the property
behind the Coral Way CR-2/7 we could build a parking garage. We could
build that eighty-five thousand square feet. We would rather build
the hundred three thousand square feet. It 's a better building. If we
are not permitted to build it because this Commission won't let us
rezone the property in the back, then obviously we will build eighty-
five thousand square feet and we will build more square footage on the
track to the West. But the results of that is if that you will not
have our covenant with regard to landscaping on both sides of 22nd
Terrace, the walls, no ingress and egress off of 22nd Terrace onto our
property from this phase I, no garbage pickups, all kinds of controls
over the landscaping and the aesthetics of the garage which is going to
be designed and built with building materials consistent with the office
building materials, etc. And all of the amenities which we are offering
is part of the package will not be available to you because we have
offered them as part of a covenant and we are freely and voluntarily
committed to that, but we won't have to given any covenant if we don't
have the zoning and we are building the eighty-five thousand square
feet. There are great community benefits to plan which we have proposed
which is coupled with our restrictive covenant. We are saying to these
people they have been very nice and very courteous, very considerate
and very helpful to us and the the only issue is one of timing. We are
asking for the opportunity to get the zoning now rather than six months
from now. We urge you to consider that.
Mr. Carollo: I don't know how the rest of my colleagues feel, but if
two others would feel like I do, then you either have two choices.
You go ahead and start building without giving them all the covenants
and all the extra that they have gotten and you build the way you say
you can build now or you are going to have to wait two or three months
that it would take for the whole process to go and for it to come back
to this Commission. I'm not against Bob's construction. I'm not
against progress. I grew up in a city that the construction is much
higher and much denser than anything we have in Miami now and that's
Chicago. So, I'm not concerned... it doesn't scare me to see density
and tall buildings going up, but it does concern me when you are
going to directly impact and affect the live and livelihood of individuals
and what is going to happen is that individuals that live in one of
the few remaining true middle income neighborhoods in Miami are going
to be faced with either living in a complete hell or trying to sell
out at a price much lower than they can- buy any•where-else; because
your property values will go down.
Mr. Traurig: You are a hundred percent right and they are entitled
to total protection and we are offering that. The control over that
is within this room at that table, because the decision as to the
control that will help these people who need help now without our
building is within this Commission. Because you have the ultimate
decision as to whether or not to permit that cul-de-sac. So, we are
not going to adversely affect them. You have the opportunity to
protect them, however.
j Mr. Dixon:
(COMMENT INAUDIBLE).
�� qZ
:t
I just want to say one final thing. I promise...
85
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to.peke a:action. of this Commission instructing 'the e�e4 to 0
ahead_vith .that.
Mr. Traurigi before you do that may I say to you that if.this;3s
deferred beyond the date that's reflected in your agenda.as.the
final date for action by this Commission it's the equivalent 6f,.youi
denying the application.
Mr. Carollos Why is that, Bob?
Mr, Plummiers, You can continue for further information.
Mayor Ferre: The law says you have to act upon it by a date certain.
Mr. Plummers Might I suggest an alternative that you pass it on first
reading,, but hold second reading.
Mr. Carollos You know, things have a way of just sailing right through
after you pass it on first reading sometimes.
Mayor Ferre: All it takes is three votes.
Mr. Perez: Well, Mr. City Attorney, could I ask a question?
Mr. Carollo: Well, Commissioner Perez, let me remind you that you
are not looking at just a couple of neighbors. They represent an
organization that has over three hundred homeowners in the area.
Mr. Perez: I understand and I'm very familiar with that issue, but
before listening any motion I would like to have the opinion of the
City Attorney. I would like to know if you have any specific
recommendations about the possibility to have a strong decision to
protect the interest and the concerns of this neighborhood. Do you
have a formal recommendation?
Mr. Garcia -Pedrosa. Commissioner, other than to obtain the covenant
that the applicant has proffered and that I have in front of me and
the commitment that Mr. Traurig has given you to work toward the
solution of these other problems, I don't know what else the City
could possibly do in order to protect the interests that you are
seeking to protect. See, the trouble is you have a time problem and
you also have a traffic problem which is a County function I remind the
Commission and other than to get a covenant and a commitment from
counsel, I can't think of anything else that you could possibly do.
Mr. Perez: Well, how can we guarantee a solution these four points
that these people have sent to our attention?
Mr. Carollo: The only way you can guarantee a solution, Commissioner,
is by taking it up at the same time.
Mr. Garcia -Pedrosa: Well, point number one is achievable through
a covenant, of course. So that's not a problem. What I'm talking about
for example is, is the second matter, which is a traffic problem and
unfortunately, traffic is not within the control of this Commission.
So, there is really not much you can do except to get somebody like
a Bob Traurig to say I will try to work diligently to solve the problem,
but you can't solve it yourselves because you don't control it. The
off site parking and traffic... well, the traffic part of it has the
same problem. The parking, of course, you can take care of. And the
transitional or future zoning changes is also in the covenant and there
is a restriction that says... I think Mr. Traurig, alluded to it earlier
that they will not use any other lots that they may acquire on the South
side of 22nd Terrace as transitional parking or any other zoning and/or
use to serve the development. So, the bottom line is between covenants
and restrictions. You done the most you can. Now, you can't deal with
traffic because that exclusively the province of Metropolitan Dade
County.
gl 86 5110/84
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e'y. ha *aid it is .a i6061 8 i ; ,• . Y
Mfil t ',t i Ybi` Ma ` dAndietion sad ft6t tha C t ;
. ge►rcia=pedro�ra dell, no, I agree that you can close the street.
That's hot in 406stiori, but as far as putting up signs and saying.it'a
a restricted area...
Mr. Caft1los You know, how long it's taken me to get just a couple
stop sighs in my neighborhood? How long have I been complaining about
lack, singe all the neighbors have been coming to my house, about hive
months. And it's always tomorrow, next week. Next week hasn't still
arrived. In the meantime I got cars speeding through there at sixty
miles an hour. Why I'm in agreement with the neighbors that the
development should get the beef if they get the bun the same time.
Otherwise, those have a way of never coming.
Mayor Ferre: What do you want to do?
Mr. Carollo: Mr. Mayor, I am sure that the department would be willing
and can speed this process up tremendously...
Mayor Ferre: I agree with that.
Mr. Carollo: ... where it's not going to take no four months before
it comes back to this Commission. In fact, I will be willing to
bet that if they wanted to they could speed up this whole process where
we could take it up before we go to our vacation in August. So, my
motion is that I'm willing to give the development the beef if the
neighbors get the bun at the same time. What I'm saying is that I
will be willing to take and vote in favor of the rezoning on the parcel
behind if the cul-de-sac is approved. Otherwise, I won't be in favor
Of it. So, my motion is to defer this item until the closure of the
street gets the final approval and at the same time that we close the
street we will approve the rezoning of that property.
Mayor Ferre: Is that a proper motion, legally? It's not going to get
us in trouble.
Mr. Garcia -Pedrosa: Motion to defer?
Mayor Ferre: No. Well, what he is saying is that we must defer this
for further information and the information is that we have to have a
public hearing to see if we can properly go about the closure of this
and other streets in that immediate neighborhood and the department
would have to deal with that.
Mr. Garcia -Pedrosa: Mr. Mayor, there is no problem with that from a
legal standpoint in the sense that this application, I think we have
determined has no time clock that's running on it. The problem as
I understand it is financial one and of course, that's one that you have
to address.
Mayor Ferre: Alright, well, then it's a proper motion. I will take
it as a proper motion. We have a motion on the floor, is there a
second?
Mr. Plummer: Second. I don't see what choice we have.
Mayor Ferre: The motion therefore, is that this item be deferred until
such time as we conclude the public hearing process before the August
break come back before this Commission. In other words, you are not
going to take any four months doing this, you are going to expedite
this and put it up for public hearings as quickly as possible.
Mr. Whipple: Mr. Mayor, so there is no misunderstanding the process
of street closure and the public hearing unless you are going to
something other than the platting process is a process that initiated
by property owners. It is not initiated by this City. They will have
to bring in their tentative plat and we will process it as quickly as
it can be processed.
gl
87 5/10/84
88 5/10/84
��, _ _.� ,�.�<�;`:�.,.,.:.may,;.:. :�:(':.. ,_.c.,•;e�.=Y,:�
Ar
M �fhipp i s c oont .. *6 eit, that a not *mt, I iwteillli
I' t in �s etittg . y tit # 6 . platting Atid lub0tvisioft Vtb�`es
�et I heard youo I heard you'i n6V hdtr``.�I��"N`r�f�`�°'
tw�� yAYtAttoorney.j i� t .Commissioner Caroiylo motion
}mow tli4ftw` j�*
motion` .for a moment" and make a prior motion th&V 'i.t' =is"
ih,'tGDtfon of= the City of Miami to hold a publio h6srin## ` "
thA purposes. of putting up a ou1-ode-aao at the end :or `�► �i'�
me the street again.
Mr. Traurig: S. W. 25th Avenue and 22nd Terrace, south of
the south -right-of-way line.
Mayor Ferre: And other streets from 27th to 22nd Avenue and
from Coral Way which is 22nd Street all the way down to the
street that abuts the Rapid Transit guideway along the
U.S.-1 corridor. That I think can be construed as the
immediate neighborhood, is that correct? As recommended by
the Department to be, as submitted at the public hearing.
Mr. Gary: Mr. Mayor, first of all there is no provision for
oul-de-sacs and I think to protect the residents and to
accomplish what you want to accomplish we should utilize the
mechanism that exists right now and that is vacation and
closure. And what he is saying is correct, Mr. Whipple, and
Mr. Traurig has agreed to as well as the owners in that
area, to file a petition to go through that mechanism, Mr.
Mayor, so we will have a legal basis for which we do that.
Mr. Dawkins: Mr. Manager, is there any reason why we
cannot follow the procedure that we say here and that we
advertise that we're having a public hearing and that we
state in that advertisement that for two consecutive weeks,
at one week we're going to have the first hearing and the
next week we'll have another public hearing and in two weeks
time with the advertising we will have met the advertising
and we will have the public hearing. Is there anything
wrong with that?
i
Mr. Gary: I'm just telling you what the law says, I've
talked with the City Attorney.
i
Mayor Ferre: We're trying to work within the law, Howard.
Would you tell us? I think you're beginning to see a con-
sensus forming in the Commission of how we want to approach
this. So I would like to ask both the City Attorney and the
;i City Manager to help give us a vehicle in which we can
�j accomplish what the intention is. You see, on the one hand,
j+ you've got me - and I don't know of anybody else here,
you've got me - who is willing to vote for CR-2/7 Okay?
And then go to a public process of cul-de-sacing and the
?` whole thing. Carollo is not willing to accept that because
he says that the neighbors are not for the granting of the
zoning and the neighbors themselves said, without the cul-
de-sacing. Well, you know, then you lose me. And then you
get into the legal problem that Plummer is pointing out that
you can't really cul-de-sac that street without going
through this whole rigamarole. So you know, we're caught in
the bind three ways so now the way out of it is to find a
legal procedure in which this City of Miami Commission can
initiate some kind of a public hearing for the purposes of
accomplishing this in general terms. Now listen to what
Howard is saying, Bob, and this is complicated. He says, as
I understand it from the City Attorney, that there is no
provision for the City to initiate this which frankly I
can't believe, but I think he needs to research that fur-
ther. But what he is saying is that the easiest way to do
it is for the two property owners which would be two corner
lots, would have to initiate the petition.
89
RT 5/10/84
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A 4,::r}."��=.1'. ;Ctx A;f, tLF: JY. S.'•=sit a''L3'N '.- �")--.y.'..i. y� ��'Rz
!
iS
Nr* Traurig: .i really don_+t think that that :is thb, Aftl t Wiz
i't could be, initi'atedI but ter. Mayor, l have. tiift*dL
heard at least -the .majority of phis Commission .46 _"the "Af
in :favror, of C -2/7. live also heard everyone rho hb', dpdhein
aay they grant to protect the neighborhood. Putting those
two .things together, l can't imagine this Commission# -if`,,;it
$ approves the Cr-9/7 9 not proceeding whenever.. the,.-prodast
has been fully met and the ordinance is fully oomPliOO With
to close the street to protect these neighbors. Theis.
neighbors are not going to be impacted by this project fora
f year and a half but this project probably cannot be built�if,
it does not get approval until the end of July because the
construction loan expires, interest rates have gone up and.1
don't know whether or not this developer can ever survive
and build this project if he doesn't have approval of the
n
zoning until the end of July.
Mr. Plummer: That is simple, Mr. Traurig, we grant the
approval, but you fully understand that if it is not ap-
proved you do not get a CO.
Mayor Ferre: You can't do that.
Mr. Traurig: I think at least permit us to process our
plans, Mr. Plummer.
Mr. Plummer: You could process them without an approval
today.
Mayor Ferre: But the fact is you know and I know that once
you give somebody zoning and once they get a building permit
and once they build the project, and if you refuse to give
them a certificate of occupancy they will take you to court
and they will say, "Judge, that is capricious and arbitrary,
we have done everything that the law requires us to do and
I. these people are holding it back for a reason that is total-
ly unrelated to the issues of Certificate of Occupancy" and
then the next thing you know we've got a damage lawsuit.
Mr. Plummer: Well, let's ask this question, maybe you just
hit on an answer. You're concerned about processing plans..
Mr. Traurig: We're concerned about losing a construction
loan and, therefore, we have to get started with the final
working drawings.
Mr. Plummer: How long would it take you to go through your
final drawing and processing your plans predicated on this
being approved?
I
Mr. Traurig: Three months.
Mr. Plummer: Okay, why can't we, the Commission, make a
motion directing the administration to allow you to proceed
as if this application were approved, then we're only one
month off. What is wrong with that? If they don't get it
they've lost their time and effort.
Mr. Gary: If he is willing to waive the estoppel rights.
Mr. Ken Brown: Mr. Mayor, for the record, my name is Ken
Brown, I'm secretary of Coral Way Properties, Inc. which are
trying to develop this site and have been trying for some
little while. Our problem is that while it takes three
months for us to get our plans drawn, we cannot commence
that stage of the development without drawing down on the
construction loan.
HT 90 5/ 10/b4
F.�Y�, �`�
P rX, I
r.- _
_ ..e�= - }R+{�� .:•7'Ss"+rrFu;o t. SS."'-.r. _
mayor parrot You 1 re,
not following the new development r t
dust UpPangd in the fast two MinUte$6
Mrj-, 1"ont Rio' , it scans We could not start.-Wark ,on `. +�
plans -.top, the working
drawings because it is a oo diti- .,or
the : nahiatruation loan
that the toning issue be- ms6lve&: ty
this Cobmission.
Mayor Far►re: l see. to other words ghat he is saying,
Pepe, is that the estoppel will not work because they cannot
give us, we cannot give them zoning with a condition that
unless cul-dewsocing is agreed upon we can revert to the
former zoning and they would waive their right of estoppel
because they could not draw money from their lenders with
that waiver, of the estoppel and that is logical, I under-
stand that. So we're back to ground one. Come up with
another idea. It is a good legal procedure but it doesn't
solve their financial problems. Counselor, follow what he
is saying.
Mr. Garcia -Pedrosa: One solution to achieve what the Com-
mission is being asked at the same protect the matter of the
cul-de-sac would be to grant the rezoning at this point with
no conditions other than what is in the covenant with the
knowledge on the part of the applicant that if ultimately
when they go through the process for the cul-de-sac it is
not approved, you will at that point rezone the property
again. The only problem with that is the Br,iekellbanc type
of argument and the solution to that is to have them state
as part of their undertaking that they will not raise that
type of argument. But you're not granting a conditional
variance or a conditional approval in any sense, you're
giving it outright.
Mr. Carollo: That one cost me $3,5009 so I don't like that
type of solution, counselor. Better come up with another
one.
Mayor Ferre: Counselor, you didn't hear what their lawyer,
their corporate lawyer said. He said, "I understand your
argument, the one you just re -represented. The problem with
that is that their financial institution will not draw money
in their financial agreement without a permanent solution to
the zoning problem. If they give up their right of estoppel
there is no permanent solution to the zoning problem and,
therefore, they can't draw money and if they can't draw
money and if they can't draw money they can't proceed.
Mr. Gary: But they could process their plans and do the
architectural work.
Mayor Ferre: What is the motion?
Mr. Carollo: My motion stands, Mr. Mayor.
Mayor Ferre: It has been moved and seconded. Is there
further discussion on this motion?
Mr. Plummer: (INAUDIBLE) .... I was hopeful, to try and ,
help these people that we pass this on First Reading today
and Second Reading coincide with the final hearing on the
cul-de-sac to eliminate the interim time but Commissioner
Carollo didn't want that so I have to go along with his
motion to defer.
Mr. Carollo: I'll be the bad buy, you can dump it all on
me, it's all right.
Mr. Plummer:
If you can't get half a cake you take....
RT 91 , 5/10/84
=c;t'
" . F`a.•'i"•t$.' y.:r @•. .;`tip `:�.f:.i.,:•>•j't'i'
a2 )
'£ c 6•. t.
'' tT•7k'��r, _s tt5'1F,i.;r :'Y !y .#- _ir �<' �a �i,n.
r� �aroi�� edroaa. Let me aorreet one thLngo ��� Ha►ydry ;:.
that I said, earlier,., In looking at 9600,
1*0Vl tt vi. to rather fi& " clef o 1."'ing
t darsuld I �r.4li g
d it bi�bk ib the board to 60haider than:
���$�f�h hgil
Mtda-bap problem at the, Same time whhn . it gets tP.aed �teeet-bobmittee? s
Hr. Carolla: Say "extended for 90 days. _
NJ . Gi�ir�i'a-f�r3dl of a: No, you will be r�eferrin$ it. bai
that the Zbhing Board" can, when appropriate, ooneidei� Chi*
applioation together with the cul-de-sac problem.
Mr. Caooilo: In other words consider the application again.
Mr. Garcia -Pedrosa: For that reason, yes.
Mr. Carollo: Sure.
Mayor Ferro: How does that start the process for us to
vacate that street and closure? The property owners have to
do that. Bob, are we just playing games here and going in a
circle?
Mr. Traurig: I'm afraid that the result is not going to be
a game but it is going to be a slaughter because these
people really will have to lose the project during that
interim period. Every one at your table has,been very nice
and has indicted a willingness to approve this zoning appli-
cation after other things have occurred and I appreciate
that and I appreciate your concern over the protection of
this neighborhood to the south. As long as you have that
kind of feeling about about what has been proposed with
regard to the cul-de-sae, I don't know why you can't ap-
prove the zoning application as filed and immediately take
the action to protect this neighborhood. But if you couple
the two, as much as you would like to help us, you have
destroyed our project.
Mayor Ferre: Well, there is a motion on the floor and under
discussion....
Mr. Plummer: Well wait a minute, let me ask a question.
give us the dilemma, give us a solution.
Mayor Ferre: He just did.
Mr. Traurig: The solution is to approve the zoning and
immediately initiate the action to install the cul-de-sac in
that location on which all of us would work together to
accomplish that objective and all of you have already indi-
cated through your discussion that you would be supportive
of it.
Mayor Ferre: I've got no problem with that, but what is one
vote?
Mr. Traurig:So I would ask that you vote against Mr.
Carollo's motion and then a new motion would be made to
approve it and then a third motion afterwards to immediate
institute the action to establish the cul-de-sacs.
Mr. Dawkins: The only thing wrong with that, Counselor, is
that it comes back to where we were at the first beginning -
how do we insure the residents that the street will be
closed?
Mr. Traurig: Because the decision is made by the people at
this table. All of them say we want to help you, the neigh-
borhood.
RT 5/10/84
92
•.i :3;, .. cry =F r] - fx'`k kYS.. iF'—}, Av.",M1^ �iJ',.
r•' %.L
lr�. ='+airlriM��t�r: Yes, bUt, we can ;not A
do that �.6AA1��! UVIU� :l
'�{•���. .-hn$'�- a- SU V�ti�. �G�Yi�{l i _ - .. ..v y .�• z}t�k.'� .'; .:` .::n
'ain't- get a 010tfo ';t6 rit.�B '
t ; . T..::
At bYl. �`iir8t �eAdingr a r, i
Hr'.,: 16tep:.. . Hr'. City Attorney, whet is it thdi VbItav`'"h
motion to &'ppr om on First Reading and to make a statetierit
in principle or. a. commitment in order to protect the inter l&
bsts of the h�ighbors?
Mr. Plummer: You can't.
Mr. Perez: Two different motions?
Mr. Garcia -Pedrosa: Well, let me make sure we all under-
stand this, Commissioner Perez. There is no legal impedi-
ment to passing this on First Reading and passing it for
that matter on Second Reading. Ultimately, the matter of
the cul-de-sac comes right back to this Commission and you
are the ones that are going to make that determination. So
what Mr. Traurig is saying is absolutely correct from a
procedural standpoint. Now, the concern I would have would
be to have you in essence pre -vote or vote in advance of a
Plat and Street Committee determination and a Zoning Board
determination on the matter of the cul-de-sac. That is
problematic. But you could pass this on First Reading.
Mayor Ferre: No, it is not problematic, it is illegal.
Mr. Carollo: Mr. Mayor, there is a motion, there is a
second, I call the question.
Mayor Ferre: All right, the question has been called and
that means unless somebody wants to put that to a vote we've
got to vote. Further? Ready to vote?
Mr. Carollo: Unless the neighbors and the homeowners'
association is willing to accept any other compromise, and
they haven't indicated so then I call the question.
Mr. Milian: Well, Commissioners, Mr. Mayor, I
think we have been compromising all along, I think we have
been reasonable with the developer, but once you approve a
change in zoning there is no way back and if at a later date
the cul-de-sac is not approved we are left holding no water
so we feel that both things should be done jointly.
Mr. Perez: Would you accept a commitment or intention from
the City in reference to your four points?
Mr. Milian: I can see that at a later day, you
know, we don't get the closing of the cul-de-sac and then we
will be in no position to fight back the change in zoning
and that is what we have been doing. As you know, Commis-
sioner Perez, being a developer takes some risks. I worked
for a developer, it took 14 years to get approval and it was
denied and it has cost us a lot of pain. This is the same
situation here.
Mr. Dawkins; Mr. City Attorney, are you saying, I mean did
I hear you say that if we approve this on First Reading then
this Commission, because I don't want to give them any false
hope, I don't want us to give them any, then this Commission
after the hearing, if they so felt that to protect the
neighbors' interest that this Commission after the public
hearing has a right to close the street, is this what you're
saying?
RT 5/10/84
�ytr+,r.'." -
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r°�•�,.''�+?i�?i�f�e,T....,.. .�...,
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h�Or
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y� �y �y y� p
� . Yes i that i O-' exactl'y
y i £-:i.
rigriNt'i
y�yes j� �y` y y� p p # �l p yy�.���yy6 0y�
����[!� �. ,Y�YL., tiGt ��� ��;', �u["e' triat t sa�` it ' 3�n .�:.._ p�W�f�,�Mi���;
oomple.te 60 dais Dada trite on F .N!!t .=A.eading . g'l t
;y
i's- t You writ 0 40-1 Ind re4ui�re that for:: �60awd . a& ft
` the up t696ther with the' dui-de-sao matter gnd if i ..
:.,
doesn't, you can not pass it on Second Reading and that
solves the problem.
Mr`. Dawkins: But there again, that is my, I believe Carollo
and the neighbors contention,' you say when it comes up it
may. Se, we wait to say when it comes up it will.
Mayor Ferre: But that is illegal.
Mr. Carollo: Even if we approve it on First Reading we're
still back to step one again for the Second Reading.
Mayor Ferre: We have a calling of the question. Technical-
ly that means no further discussion unless somebody wants to
put that to a vote.
Mr. Traurig: Mr. Mayor, may I say one last thing?
Mayor Ferre: That's up to Commissioner Carollo who called
the question. ,
Mr. Carollo: Bob, go ahead and after you're done then we'll
call the question.
Mr. Traurig: We would be happy if you would pass what
Commissioner Dawkins indicated he thinks would be the most
equitable solution and that is pass it on First Reading
today and delay the Second Reading until the resolution on
the cul-de-sac is before you.
Mr. Plummer: I said that an hour ago.
Mr. Carollo: It's not what Commissioner Dawkins said, I
don't think.
Mayor Ferre: We have a motion on the floor and a second.
Mr. Perez: Do you plan to make that, Commissioner Dawkins,
as...
Mr. Carollo: Mr. Mayor, I call the question.
Mayor Ferre: The question has been called. Technically,
once you call the question all discussion ceases.
Mr. Plummer: I withdraw the second.
Mayor Ferre: Then if there is a withdrawal of the second
then there is no calling of the question. Okay, we're back
to ground zero.
Mr. Plummer: Mr. Mayor, I'll try. Let's see if this one
fits. Mr. Mayor, I have to go into some more of the discus-
sion because if it was going to be continued that's one
thing. Bob, we've got a matter here that hasn't been re-
solved and you and I have spoken about this matter. Mr.
Whipple, I asked you at the last hearing, there is an alley-
way involved.
Mayor Ferre: Who?
Mr. Plummer: An alley -way, about 14,000 square feet. I'm
going to do you a favor, Bob. I make a motion that this be
passed on First Reading. Mr. Whipple, prior to second hear-
RT 94 5/10/84
���, :�h�►�.r �thmb� '��+���+� fake � �ir�a����►• t�' tin {�;�'�r��:., - ;;
A116Y VbLah they suet have Or t joy " �►�t�°�- ::' -°
build this orojeat. but I'll move noV that thih sitter �e
01111144 = lirst 94ading with the `full :undhOetftdi� hg
etaond and ,'+fth&l � leering is COUPled with
to.
Mr. Garcia -Pedrosa: The cul-de-sac and to that off eat yob
tad referring it back to the Zoning $oard.
Mr. Plummer: That is exactly what I said.
Mayor Ferret Okay, that is fine, but how do you handle the
cul-de-sac problem?
Mr. Plummer: Well, one of the neighbors have to instigate
it, that is what the law says.
Mayor Ferret All right, there is a motion on the floor, is
1 there a second?
Mr. Perez: I second that motion.
Mayor Ferre: Now, under discussion I want to make a state-
ment on the record to the neighbors and to the attorney and
the owners of this property or the potential owners. I want
to say that I am going to vote with this motion for the
reasons I have expressed. However, I want to say on the
record that unless the problem of the cul-de-sac is worked
out on a neighborhood basis I will be voting no on second
and final reading. Okay? Just so we understand.
Mr. Plummer: My statement is the same as the Mayor's.
Mr. Dawkins: Mine is not.
Mr. Plummer: Okay, I think you have to address the entire
problem. I don't think you can do it. I am only making
this motion for the purposes of trying to expedite and get
the hell off this item which we've been on for two hours.
Mr. Dawkins: I'm voting with this on the First Reading with
the understanding that if the neighbors are not satisfied
and they are opposed on the Second Reading I'll be voting
no.
Mr. Plummer: Exactly.
Mr. Carollo: Mr. City Attorney, question. The matter of
the alley, is that something that should have been before
the Planning Board and Zoning Board also?
Mr. Garcia -Pedrosa: Yes, sir, that would have been before
the Zoning Board and I think before the Plat and Street
j Committee.
Mr. Garcia -Pedrosa: That has to be applied to by the own-
ers.
Mr. Plummer: One other thing, this is unique. Josb, the
uniqueness of this particular alley is that they are the
f� owners of both sides of the entire alley even as it makes
I, the left turn.
Mr. Carollo: Certainly, but my question is did the Planning
Hoard, Zoning Board approve that the alley could be just
taken over them?
_ l
RT 5/10/64
4
-F f..•::. -
a .."Htj'�.°',i::.:..:.'a'f 1..=( '+ hot f
R
t P )hst
M�+�
. O firbiloPe,{�drosas i
doti t believe it cot�aid�r�� , f�L .": _, :�•.��;
]]jj,, �sy ]��.{ }y� [� y(.�
- Mr,
;.Oarbllot, Well, it they didn't consider that therj VO4,14�
F
thit `applibation tit `this point in time, the vay it e
Presented to us.here, is something that cannot be dealt kth -';
unti'i 'thit portion goes hack 'to the Zoning board?
Mr.
Garoia-Pedrosa: I'm not sure I know what you t tie ldk-ing - +
Mr. Carollo! Well what I'm saying is their request. is the?t
they the
can build on alley, correct?
Mr.
Plummer: If it is vacated.
Mr.
Garcia -Pedrosa: If it is vacated.
t Mr.
Carollo: Nowo before this Commission can approve that
doesn't that have to go back to the Zoning Board?
Mr.
Garcia -Pedrosa: Before you approve it finally, Yes.
Mr.
Plummer: You'd better do it all at the same time.
Mr.
Carollo: Well, so in essence, Mr. Plummer's motion is
not
appropriate at this time because the Zoning Board has
not
approved the portion of the alley.
Mr.
Traurig: Can I tell you what happened at the Plat and
Street
Committee?
Mr.
Plummer: No, excuse me, that is not before us.
Mr.
Carollo: Mr. Plummer and everybody, I just want to hear
from
the City Attorney right now.
Mr. Garcia -Pedrosa: Commissioner Carollo, I don't think
that that matter needs to be resolved. If this was Second
Reading, yes, because you cannot approve something that is
unfeasible. But as I understand Commissioner Plummer's
motion, he is saying that he wants to refer this to the
Zoning Board and, of course, it has to go before the Plat
and Street Committee as well precisely so that problem is
resolved before this Commission gives final approval to the
matter.
Mr. Carollo: How can you even begin to give first approval
on something that was supposed to go before the Zoning Board
originally? It is like if we're going to hear a variance
request and in essence it is practically the same thing,
that the Zoning Board has not heard, that it goes directly
to the Commission before it goes to the Zoning Board or to
the Department. Am I correct in that, Mr. Whipple?
Mr. Whipple: This started through the board, the Plat and
Street Committee. The Plat and Street Committee wanted a
determination on zoning and that the zoning stands by it-
self. If the property is zoned, then you could consider a
closure of those alleys at a later date. You could even
change the zoning and not close the alleys and the property
could still be developed commercially although not across
the alley. The Plat and Street Committee felt the zoning
question had to be answered first before they came up with a
recommendation as to the alley closure.
Mr. Plummer: Well, excuse me, am I also with the under-
standing that in my motion incorporated is the closure of
the alley, that those proceedings also take place on First
Reading?
96
RT ' �I19I4
4.3" ti ,:K'd::'e#?s •x_ a:,, ,+rm`i�d�ei+r . _ r e k"a^,"�.
A c 'Fg 064. -tib %dhkir Vill out off all disougbior ,
host minut
M plur eri -outit off Mow', ;
• Mr. Dawkins:' Chll' the ouestioft.
Mayor 'err#: Reader to vote, aall the roll on the motioh
before us.
Mr. Garcia -Pedrosa: Go ahead, Mr. Clerk, and'theri'I'll read
the ordinance be'ctause he's got a motion that goes beyond the
ordinance.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 64-524
A MOTION TO APPROVE A PROPOSED FIRST
READING ORDINANCE TO AMEND ZONING ATLAS
OF OND. 9500 BY CHANGING ZONING CLASSI-
FICATION AT APPROXIMATELY 2226 S.W. 25TH
AVENUE AND 2511-75 S.W. 22ND TERRACE
FROM ES-2/2 TO CR-2/7; PROVIDED, HOWEV-
ER, THAT THE APPLICANTS PROFFER TO THE
CITY COMMISSION, PRIOR TO SECOND AND
FINAL READING, THEIR REQUEST FOR THE
ACQUISITION OF THE ALLEY; FURTHER IN-
STRUCTING THE ADMINISTRATION THAT AT
SUCH TIME AS THIS ORDINANCE COMES UP FOR
SECOND AND FINAL READING, THAT SAID
CONSIDERATION BE COUPLED WITH A PUBLIC
HEARING IN RELATION TO THE CUL-DE-SAC
ISSUE, AND, TO THAT EFFECT, THIS MATTER
IS HEREBY REFERRED BACK TO THE ZONING
BOARD FOR APPROPRIATE ACTION; LASTLY
STIPULATING THAT APPLICANT SHALL ATTEMPT
TO RESOLVE ALL PRESENTLY EXISTING PROB-
LEMS WITH THE NEIGHBORS IN THE AFFECTED
AREA.
Upon being seconded by Commissioner Perez, the
motion was passed and adopted by the following vote -
AYES:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None.
0
RT 97
,j ,
^T
AN �iR�tA� jETITLED&
AN At�f� NDING THE ZONING ATLAS ' ,;
: ° • ' ' v V
.,ORDINANCE
OF 010TRANCE NO.'9500 THE EONINO ORDIA
NANCE THE CITY OF WIAMr. FLORIDA. BY
a. .' ... R
:,OF
OHANGiN0 THE IONINd CLASSIFICATION Off'
=:
APPROXIMATELY 2226 SOUTHWEST 25TH AVSNUR
AND 2511 * 75 SOUTHWEST 22ND TERRACE* _
MIAMI .. FLORIDA (MORE PARTICULARU .
bESCRI$ED HEREIN5 FROM 93-2/2 ONE FAMILY
DETACHED RESIDENTIAL TO CR-2/7 COMMER-
CIAL -RESIDENTIAL (COMMUNITY) BY MAKING
FINDINGS; AND BY MAKING ALL THE NECES-
SARY CHANGES ON PAGE N0. 43 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE
NO. 95009 BY REFERENCE AND DESCRIPTION
IN ARTICLE 39 SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Perez and was passed on its first reading by
title by the following vote -
AYES:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
Mayor Ferre: Yes, on First Reading with the proviso that I
stated into the record for Second Reading.
------------------------------------------------------------
27. CONFIRM ORDERING RESOLUTION AND AUTHORIZE CITY CLERK TO
ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION OF EDGEWATER
HIGHWAY IMPROVEMENT H-4496.
------------------------------------------------------------
Mayor Ferre: This is Item 5, a public hearing confirming
the Ordering Resolution 84-280 for advertising for sealed
bids for construction of Edgewater Highway Improvement. Are
you an opponent?
UNIDENTIFIED SPEAKER: Yes. We have concerns about this.
Mayor Ferre: All right, the chair will recognize you at
this public hearing on Item 5.
Mr. Bernard Segal: Mr. Mayor and members of the Commission,
my name is Bernard Segal. I am the attorney for the Reese
Corp. which is the owner of properties on N.E. 20th Terrace,
N.E. 213t Street, N.E. Bayshore Drive some 55 apartment
units. We are here on this Edgewater Highway Improvement
where they are planning to make improvements to the side-
walks, streets and storm drainage facilities. My client has
certain concerns about these improvements. Number one is
the cost. Already in this area the property taxes are very
high and in excess of the actual use of the properties and
RT 5/10/84
ti
we are oanaerned that these extra costs top these Lapfdvalki ,
}
ments that are going to be imposed on the oWnerA aauld
the straw that break$ the camel's batik, Our seabdd ._abn*Srrn
i,s whether these iffiprovemahts ' sire actually needed, fbd,,0"'` rG
talking about storm drainage faoilities and it is your ubdara
standing from -many years of the Reese Corp.. owning the
property that . on Bayshore Drive it is sudh a lour le'rel that
the street is always . flooded and that s in foot i " unl`esig .,they
plan to raise the entire elevation be put in sea 141i `that
• storm drainage facilities will not be effective at all. and
N
will, in fact$ be a waste of money. So this is a 6006600"of
ours. Another concern on the street improvements is whd is
.tr
this really going to help. Most of the neighbors$ and.what
we can observe is on N.S. 20th Terrace and 21st Street, the
parking is all taken up by oustomers of Braman and....
Mayor Ferre: I remember him.
Mr. Segal: Right. And we are concerned that all these
street improvements are really just beneficial to Mr.
Braman's customers and, in fact, it is making a very nice
parking lot for him and not doing anything for the property
owners. So we would hope that the Commission would address
these concerns before voting approval of these expensive
improvements.
Mayor Ferre: All right, Mr. Segal. Can we get an answer from the
Administration on this issue? Mr. Cattier, are you here both in body
and spirit?
We are on Item # 5, Mr. Cattier. And the
question is that this gentleman who represents... You heard
Mr. Segal's presentation on his objections and his client's
objections to the necessity of this item which is the Edge-
water Highway Improvement. He says that all, in effect,
we're doing is to really benefit one property owner since
that street floods anyway and, therefore, there is really no
need since in effect this is an expenditure of money that
will not improve the flow of water when there is a flooding
condition. So it is a useless expenditure of money. Did I
paraphrase you right, Mr. Segal?
Mr. Segal: Yes, sir.
Mayor Ferre: You see, I was listening. All right.
Mr. Cather: We have stated, Mr. Mayor, that the overall
condition of these streets in the Edgewater area have dete-
riorated and that the streets are narrow and in poor condi-
tions - out of grade, parkways are in poor condition and
drainage problems exist. One of the reasons that this
project was put on is the construction of Bay Point Plaza, a
major construction in that area. At that time, they came to
us, the Hamilton Corp. and asked our cooperation in improv-
ing that particular street. That is one of the streets in
this area that will be improved. However, at the same time,
they have agreed to improve both streets fronting on Bay
Point Plaza and they will do all of the improvements full
width from one curb to the other.
Mayor Ferre: Mr. Segal, I was being facetious before you
mentioned the name of Mr. Braman. I want to say on the
record so that there is no question about this that this is
an improvement from 20th Street to 35th Street which is a
total of 15 blocks. Mr. Braman only owns one of those
fifteen blocks. So I think it is hardly fair to say that
this whole thing is just for Mr. Braman, I think that is a
little bit exaggerated. You could say that it is 1/15th for
Mr. Braman's benefits.
99
RT 5/10/84
Min _ ,'-;cir�'a;$p�K•:sj'C.
t t}•; _ F _ k t �i
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Mr.. Cathert I'm. not awaref air# of what - retereosa : BraAab;
Ctadiiia*has to this project.
Mayor POPPez That's My, point-, none, In other vor►ds 14J,_..¢:
stands. or it . doesn't stand on its merits, it has nothing to
do with Braman* Braman is not an issue in this, The issue
is _ whether or not the expenditure of $ 1 t 190 r 000 by - the ; City _.
and $210,000 by the property owners for a total. oft,almosi.
$1,400000 is necessary in a neighborhood where at least one
neighbor does not want it when we have some neighborhoods,
so many neighborhoods that do want water and sewer improvem*
ments. The premise of his argument again, Mr. Cather, is
that that is a low-lying area and when it rains it floods
and that your water sewerage drainage project will not
prevent it from flooding and the only way you can solve that
is by lifting Biscayne Boulevard and all of the properties 5
feet and that unless you are willing to do that your water
drainage system isn't going to work so why are we spending
the money. That is the question before us.
Mr. Cather: Well, you know, this area drains and is much
higher in general area than other areas of the City. For
example, our east Allapattah is a much....
Mayor Ferre: So in other words the answer.... Counselor,
do you have anything else you'd like to add?
Mr. Cather: No, sir, I believe this project should be
advanced.
Mayor Ferre: You're not the counselor. I'm talking. Let
me be very specific, unless you become a lawyer, which is
all right - we've got a lot of lawyers at Dinner Key that
don't practice in the Florida Bar. Mr. Segal?
Mr. Segal: He has addressed the question and it remains to
be seen whether the improvements will actually effectively
do anything or not.
Mayor Ferre: Mr. Segal, out of courtesy to you so we can
get on with other agenda items, this Commission has a long
standing history of approving these sewerage and drainage
expenditures unless there is a clear out and overriding
issue. Now, at this point you have not brought that up
other than your client's complaint that they don't want it
and other than the fact that you say that it is not going to
help drainage because it floods. Well....
Mr. Segal: Mr. Mayor, I prefaced my remarks by saying these
are concerns and he has addressed these concerns....
Mayor Ferre: Mr. Segal, two weeks ago Commissioner Dawkins
and I received here the Mayor Nice who made a statement to
me which is one of the best political statements I've ever
heard. I asked him why he has always won. He has been
Mayor for 19 years. He says, "I win because I am strong."
and I said that is wonderful. And he said, "And I am strong
because I win." Now, what I am saying to you is that you're
making that kind of a statement and that is very nice but
that's not enough.
Mr. Segal: And I'm saying that from the observations of the
Reese Corporation and Mr. Reese who lives on the property is
that any improvements in the way of storm and drainage
facilities will not solve the problem of the street flood-
ing, therefore, it is probably a waste of money to do so.
That is from his observation.
Mayor Ferre: See the key word in Y , Y your statement is proba-
ble and we cannot go on probable because we pay attention to
1
RT 5i10i64
100
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J�'_.•i 1, i`i.21'-''e{ ` � {+� ,
:}our City -,Attorney. on :legal
,.
matters but :ire ..P ` _att 8A 1 .16- i_
,
City gti°girieee :on
bhvinwinj mattarrg
and .the y
.our►;
finer `Nrr Whorl 0h,6
is in 'charge of
Pubiid V60ki A�y� ' ►�.
t
that it
will iMPPOVe
drainage add - h i't`` it.. _ is
yopo�iti`i ►a trip
Mr. ' 8egal: That is
correot, I heard
him Ind ke 'hA46 ::no :
e0i6htiria expertise
to oppose it,
just the observiti& or
the gentleman -
Mayor . Ferre: Thank you, sir. Is there a motion? Does
anybody want to make a motion now on this item? Plummer?
Carollo? Perez? Dawkins? We're on Item 5 waiting for a
motion.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-525
A RESOLUTION CONFIRMING ORDERING RESOLU-
TION NO. 84-280 AND AUTHORIZING THE CITY
CLERK TO ADVERTISE FOR SEALED BIDS FOR
THE CONSTRUCTION OF EDGEWATER HIGHWAY
IMPROVEMENT IN EDGEWATER HIGHWAY IM-
PROVEMENT DISTRICT H-4496.
(Here follows body of resolution, omit-
ted here and on file .in the Office of
the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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.
--------------------------------------- ----- ---------------
28. ESTABLISH PUBLIC HEARING AT 3:30 P.M. THURSDAY, JULY
12TH, AT THE MANUEL ARTIME COMMUNITY CENTER FOR AMEND-
MENTS TO THE MIAMI CENTER II DUPONT PLAZA PROJECT DEVEL-
OPMENT ORDER 81-840.
------ —----------------------- ---------------- ------ --------
Mayor Ferre: Who raised his hand? Step right up, tell us.
Mr. Phillip Yaffa: My name is Phillip Yaffa, 300 Miami
Center, 100 Chopin Plaza, Miami, F1 33131. I'm here today
on behalf of the Miami Center Joint Venture. The petitioner
and developer under Items 7 and 8. Pursuant to a resolution
passed by this Commission, the development of Dupont Plaza
was extended to May 12, 1964. We are here today, actually
Joe McManus of the Planning Department made this resolution
to extend the Development Order for two years and to extend
the time in which substantial construction will be commenced
for an additional two years.
Mayor Ferre: All right, sir.
say?
Joe, do you have something to
RT 5/10/64
101
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i�-' "�: - - _ _'Z'•- _ ,'xis=;'r;
i' :e•
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Euiy}
Mtn.' RAW and Sambefa br the 0 daft- -
�gdt��ahtett 7`: ih a �ubli� hearing; a puD�.ia di�dusii��t°:`����
�irid` i> ,up J oits►gd ' to YOU we had inaLided 6u p h ;
+part tiff 4068tiobs that C6SMidaiohar Plummer had :raiied" `tdth, i
ret'llyd ' to " Miami Canter It# Agenda hems 8 is tha ' edipiffbw
iteM to46tual1yextend the development order by two years.
NOW# Commissioner Plummer, if you would like me to 8o into
the responses On your+ questions 1011 be happy. Fs
Mr., Plummer: Well, I really don't want, 1 have read y6d#
responses. What I want is a commitment from the developer',
or if you're in a position to speak for him - which I don't
think you are - that you are committed and will fulfill
these obligations as indicated by Mr. McManus.
Mr. Yaffa: Commissioner Plummer, I have not seen Mr.
McManus' memo, however, I am in a position to tell you that
Mr. Gould is committed to fulfill all of the conditions of
the development order as it was passed by this Commission
two years ago.
Mr. Plummer: Well, you see, that's not quite right, and
what I'm speaking to, for example, is the air rights. Now,
are you willing to go on the record that Miami Center is not
going to pursue their recent letter to claim that they own
the air rights?
Mr. Yaffa: I am not in a position to go on the record with
that statement.
Mr. Plummer: Are you willing to go on the record of the
front end money of 11.68 million dollars for the bifurca-
tion?
Mr. Yaffa: I believe that condition was in the absence of
funding to be provided by other sources. It is my under-
standing that the federal and state have committed funds to
construct the bifurcated system.
Mayor Ferre: Yes, but we went through that this morning and
I think Plummer brought it out this morning and we're not
waiving in effect any of that and I understand you're not
either. We need to get on with this now. So what... Mr.
Manager, as I understand this has your recommendation and
you feel strongly that Items 7 and 8 should be passed. Is
that correct?
Mr. Gary: Yes, sir.
Mr. Plummer: Well, I'd like to go over each individual
point, Mr. Mayor.
Mayor Ferre: Oh, I'm sorry. You want to go over each
individual what?
Mr. Plummer: Yes, I'd like to go over about (3) the down-
town component of Metrorail....
Mayor Ferre: But Plummer, see, you're going to go through a
lot of time in asking a lot of questions in which he....
Mr. Plummer: No, what I'm trying to do is get commitments,
Mr. Mayor.
Mayor Ferre: He is going to restate his position the way he
has been restating it for the last two and a half years
without any variation that I know of and so it doesn't
really mean anything.
R102
T
5/10/64
i'
w�
_ i r
HN, i'litMSOP: Well o then let foe tell you ah+erd ► <:.:.'.
YOU Piro KVrong. YOU have -just=-atitsd- for . the rMird t-an-:,1ft� 0:
tensible defense its oourt and yet, l find the Depart
statingi A Final oertificate of oocupanoy is being Vithhdld
from; Miami - Center ' for the recommendation . of . the Planning,
Department for these items and you're sabring that is iudb*A
Tensible in court
Mayor Ferro: Not no, because you see, he previously agreed
to - all of this and all we're doing, as I understated . it, Nr
City Attorney, Mr. City Manager, is we're extending in Item
7 the Miami Center lI Development Order so at to protect our
rights, precisely. That's the exact reason why we're doing
this.
Mr. Plummer: Well, Mr. Mayor, obviously you feel comforta-
ble with this document.
Mayor Ferre: No, I don't, but the City Attorney and the
City Manager do and, therefore, based on their recommenda-
tions I do.
Mr. Yaffa: Commissioner Plummer, the Certificate of Occu-
pancy is for the existing Phase I. The issue before the
Commission this morning is the extension of the development
order for the Dupont Plaza blocks phase, what we refer to as
Miami Center II.
Mr. Plummer': 1 I fully understand what you're saying, but if
the commitments are not lived up to in Phase I, one has to
reasonably believe they will not be lived up to in Phase II.
Mr. Yaffa: Well, Commissioner, I would take exception to
the statement that the commitments have not been lived up to
in Phase I.
Mr. Plummer: Well, I'll give you one commitment right now.
All right, sir? And Mr. Carollo was the one who got this
commitment, that Mr. Gould offered to donate a half a mil-
lion dollars for the re -doing of Bayfront Park.
Mr. Carollo: Excuse me, Mr. Plummer, I think I heard my
name there somewhere?
Mr. Plummer: Weren't you the one that got that commitment?
This Commission got that commitment, excuse me.
Mayor Ferre: Got what commitment?
Mr. Plummer: For a half a million dollars for the re -doing
of Bayfront Park. Mr. Gary, has that money been received,
sir?
Mr. Gary: If I may, Mr. Plummer, the agreement that you
accepted from Miami Center Associates with regard to the use
of Bayfront Park had no provisions with regard to donating
of funds to Noguchi Park that was certain. The, agreement
basically said, which this Commission accepted, that we
would sit down and work out an agreement, if we didn't work
out an agreement then no agreement was worked out which is
no commitment at all.
Mr. Plummer: You all go ahead and do what you want. I
think the matter needs much more discussion. I don't think
the City is being protected, I think that the past two year
history has indicated that in the future you're going to
have more problems and what I was trying to do was to stop
right now when this City had some leverage.
HT
103
5/10/84
Mayor Ferrol
motion:
Xr. Plummer:
'.is,'-t;;,;;,, - .ti�1;��w;:�-..:.;:: -ter.•-.; ,,,��� �'r;�:-� r�';`�
Hoyt let' O fish or out bait I'll tale your
14M willing to listen, Mr. Mayor.
Mr. Gary: Mr. Mayor, even though it could be perceived that
the extension of the development order benefita Miabi Wittr
Associates, 1 would like to refresh the Cofti��ioiI to, z.6
remind the Commission that the development order pravid6d
benefits to the citizens that would be born by the ddvelooir
too and we're trying to protect those rights. Now, with
regard to the issue that Commissioner Plummer raised 1hibh
was the air rights, and I too feel slighted by the developer
because of some newspaper articles...
Mr. Plummer: No, sir, the letter which I brought to you.
Mr. Gary: Exactly. If you look on page 3 of 5, at the top,
the second paragraph, it says: In the case of the Dupont
Plaza rights -of -way, Dade County has conducted internal
analysis sufficient to include that through common and stat-
utory law the public has rights adequate and sufficient
legally to construct and operate a DCM Station on S. E. 3rd
Street without compensation to the abutting private owner.
Further, the City may at its option move to establish fee
simple title of S. E. 3rd Street right-of-way, thereby
extinguishing •any rights claimed by the abutting private
property owner. Chapter 95.361 Florida has construed and
maintained a right-of-way for a period of 4 years, fee
simple title may be established through proof of declara-
tion. Dade County which also shares in this responsibility
of insuring that the developer permits, as he proffered to
this City Commission before us, that the DCM would come over
the right-of-ways, they have proffered that it is legally,
legally that we can do it regardless of developer but I
would agree with you that the developer should state that
but based on what Dade County has said is that regardless of
whether they do it or not we have that right.
Mr. Plummer: But all I'm saying is today we have the clout
to get from the developer that commitment and you are let-
ting that go by the board.
Mr. Gary: But see, my problem is that one has to determine
what are the benefits that will be lost as the result and my
concern is primarily the benefits that would be lost to the
citizens if we let the development order run out.
Mr. Plummer: Then, Mr. Gary, you are derelict for allowing
this to run two days before the development order runs out.
He has had two years on that development order. Correct?
Mr. Yaffa: That's correct, sir.
Mr. Plummer: And in two years he has done nothing but raise
an objection and here we are today with the only leverage
that we have and you're going to let it go by the board -
shame on you.
Mr. Gary: No, the alternative is if we let it run out does
it absolve the developer of those legal responsibilities to
give improvements to the City such as the bifurcated ramp,
the $913,000 worth of street improvements...
Mr. Plummer: Absolutely not, in court we would probably
prevail, but why not alleviate that problem today.
Mr. Carollo: I make a motion that we appoint a one man
committee of Commissioner Plummer to meet with the developer
and discuss the matter further.
' 104
RT 5/10/84
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'"
' •x.xt+.i..&'�+-b � ae-v .-'� 7xi- Et.3.,.a-t4 _�+- - _ '�:
:�j. �l��ror �'err�a: �eritla�a�n,�r�s need to more hloi:g�`�t► ��=� '��►� '���:
the eth�rr : ►ke y�sbr: [ t :or a p eAhe Mr: lA1A 6 . Y
r
Mr. dary: No, air, I would just like to make one other
oommentr•if I might. I wouldurge, and I think the City
Attorney would oonour with me because we have had dieous-
nions on this matter, that we do not let this ' d6veloper 6tt
the .hook for. those publio improvements that the private
sector is supposed to make by letting this deveiopmhnt brdd:
run , out :
Mayor Ferre: All right, to get this thing off of dead
center I pass the gavel over to the vice -mayor and I move
the motion on Item 7. You have a motion on the floor, Mr.
Chairman.
Mr. Perez: What is the motion?
Mayor Ferre: The approval of Item 7 based on the recommen-
dation of the City Manager and the City Attorney.
Mr. Plummer: Mr. Mayor, is that subject to certain provi-
sions?
Mayor Ferre: Subject to all provisions the ,Manager put in
it.
Mr. Carollo: I second the motion.
Mr. Plummer: No, no, he's asking for two years, I want to
give him 60 days and let him come back and answer these
questions in writing that he agrees to.
Mr. Carollo: Make your substitute motion then, Commissioner
Plummer.
Mayor Ferre: Mr. Manager, I'll be guided by your opinion on
this. Now you tell me, if you tell me 60 days is all right
I don't mind that.
Mr. Gary: Well, Mr. Mayor, I don't think this is an issue
for this action, this is a resolution to hold a public
hearing to consider a time extension.
Mr. Plummer: Well, what is 7 then?
Mr. Carollo: Mr. Mayor, I seconded your motion. If the
Commission wants to make a substitute....
Mayor Ferre: I don't want to out off discussion, but I'm
about to call the question and technically that cuts off all
discussion.
Mr. Garcia -Pedrosa: Wait a minute, Mr. Mayor, I'm not sure
what 7 is, I think it is 8 that Commissioner Plummer is
addressing.
Mayor Ferre: Sir, 7 is a Resolution which is 84-481. Okay?
Mr. Garcia -Pedrosa: Mr. Mayor, there is no resolution in 7.
Mr. McManus: Mr. Mayor, that 84-481 was at your previous
meeting where you established this public hearing. The only
possible action on Item 7 is a suggestion only on the part
of the Planning Department that you establish the date of a
future public hearing some 60 days from now on July 12th at
the Artime Center in Little Havana to discuss any other....
the last line on page 5 of the memo just is a suggestion.
fIf you wish to discuss....
105
RI 5/ 10/84
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60hru g and confused and I don t want
to Jump aa"
riiidih�. eih.: tte ` to your Olt .,bn.
item '.
avid it =°it ' 26iibrAnditm...
Mr. 0Ary: -It is.a diecussion item.
Mayor Perre: ...under discussion, the recommendation
is they
bottom of the last pairagraph on page 5
of a 5;page seedy°
would please, in the future, in a more
clear and precise
foray put the recommendation up front on top so that we have
a clear understanding as to what the
administration*'is
requesting. Now, in effect, what you're
requesting, there-
fore, is a public hearing on July 12th
and I don't think
even Plummer is going to object to that.
Mr. McManus: If that fulfills your wish,
Commissioner.
Mr. Plummer: I'll move item T.
Mayor Ferre; It has already been moved by myself and sec-
onded by Commissioner Carollo, sir. Mr. Chairman, I call
the question.
The Following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 84-526
A MOTION ESTABLISHING A PUBLIC HEARING
AT 3:30 P.M., THURSDAY, JULY 12, 1984,
AT THE MANUEL ARTIME CENTER TO CONSIDER
AMENDMENTS TO THE "MIAMI CENTER II
DUPONT PLAZA PROJECT DEVELOPMENT ORDER"
(R-81-840, SEPTEMBER 24, 1981) AND (R-
82-719 JANUARY 28, 1982) IN CONSIDERA-
TION OF A FINDING THAT THESE AMENDMENTS
DO NOT CONSTITUTE SUBSTANTIAL DEVIA-
TIONS.
Upon being seconded by Commissioner Carollo, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: I vote no because it is immaterial, the order
runs out in two days.
106
RT 5/10/84
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Mayor Ferre: We are back on item 8. Mr. Manager$ what -is
your recommendation on item 87
Mr. Plummer: Excuse me, you can't consider. 80 the public
hearing is not now until July 12th.
Mayor Ferre: Is that correct?
Mr. Plummer: You're going to pass it prior to a public
hearing? That will be the first time in the history of this
Commission.
Mayor Ferre: Mr. City Attorney, would you explain the nod
of your head? -
Mr. Garcia -Pedrosa: Mr. Mayor, this Item 8 has been adver-
tised for today as a public hearing on the matter of extend-
ing the development order by two years.
Mayor Ferre: Is there anybody in this room who wishes to be
heard at this public hearing on this particular item 8 other
than Mr. Yaffa? If not, Mr. Manager, ...
Mr. Gary: Mr. Mayor, Item 8 we're recommending for an
extension of two years. The July 12th public hearing will
be to address amendments that the Mayor or any members of
the Commission or staff would want to 'suggest to the Commis-
sion to make. We recommend adoption.
Mayor Ferre: What is your problem?
Mr. Yaffa: Mr. Mayor, I already asked you to ask the City
Attorney whether, I do not believe that the City Commission
has the authority to suggest, to offer amendments to a
development order.
Mayor Ferre: Unless they are mutually agreed upon.
Mr. Yaffa: Of course. And there will be, Mr. Gould I'm
sure will come before this Commission in the future to
request amendments to the development order. At this time
we would only like the development order as it was passed by
this Commission to be extended for an additional two years
so that the expiration date would be'May 12, 1986.
Mayor Ferre: I am following the advice of our capable City
Manager and capable City Attorney and I am now asking one
more time both of them, Item 8, whether....
Mr. Plummer: Mr. Mayor, doesn't it seem reasonable to you
that you would extend for 60 days to put us beyond the
public hearing date of July 12th? That seems logical to me.
Mayor Ferre: I'll be guided by the City Attorney and the
City Manager's recommendation.
Mr. Plummer: All right, 75 days.
Mayor Ferre: Mr. Manager, once again, what is your recom-
mendation on Item 87
107
RT 5/10/84
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r�.aaryI Mrs mayor, we oould live with is
or 50 days*
Not 114i6er'.. I' move
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Mayor parre t There is a motion that, the ,
develo .Mena ., oi%d6V
,
be fitanded � at Miami, 'center it develdpme it
order, -1 *soutibtf.:
81;840, 9/94/81 and 82-71, 1/98/82 that is
on the agenda fair
Maki 10 1984 and that the extension ' bA - for '
a 75 day '`PAri6 r'
Mr. Ilummert That's fine, and Mr. Mayor,
I'm agreeable to
anything beyond July 12th.
Mayor Ferre: All right. Now, is there
a second to that
motion so we can move? Don't all rush up at once. Is there
a second to Plummer's motion?
Mr. Carollo: What is that motion?
Mayor Ferre: Extend it for 75 days.
Mr. Plummer: Putting us beyond the public hearing.
Mayor Ferre: And we'll deal with it after the public hear-
ing. Does that mean a second?
Mr. Carollo: No, it doesn't.
Mayor Ferre: Who wants to second this? I'll second it.
All right, Commissioner Perez, you've got the chair now and
I call the question, Mr. Chairman.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-527
A RESOLUTION AMENDING THE MIAMI CENTER
II DUPONT PLAZA PROJECT DEVELOPMENT
ORDER (RESOLUTIONS 81-8409 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 TO TWO YEARS AND
SEVENTY-FIVE DAYS OF THE RECORDED DATE
OF SAID DEVELOPMENT ORDER, AND FINDING
THAT SUCH AMENDMENT DOES NOT CONSTITUTE
A SUBSTANTIAL DEVIATION UNDER CHAPTER
3809 FLORIDA STATUTES.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Mayor Ferre, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Joe Carollo
ABSENT: None.
Mr. Plummer: Mr. Mayor, before the gentleman leaves, I'm
only speaking for one but these matters, in my estimation,
have got to be addressed and resolved at that public hear-
ing, I think it is only fair.
108
RT 5/ 10/84
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Mayor Ferre: Now, I have a request from the adminiatratiin
that we take up the Blue Ribbon Committee which was supposed
to be heard this morning at their request, they aaked that
they be heard at 5:00. The Chair will now, at 6.30 reoog-
nize Reverend Winston Rudolph.
Mr. Gary: This is Item 68, Mr. Mayor.
Mayor Ferre: I'm sorry, I thought it was on the morning
agenda, 68. Reverend Rudolph, first of all, let me on
behalf of all of us here on this Commission and on behalf of
the total city thank you, sir, and through you to your
committee for the hard work and the many many hours of work
that you put into this.
Reverend Winston Rudolph: Thank you
members of the Miami City Commission.
Dean of the School of Public Affairs,
University will accompany me as well
Director of the Center for the Study
Miami. If these gentlemen will come
and move as expeditiously as possible.
kindly, Mr. Mayor and
Dr. Adam W. Herbert,
Florida International
as Mr. Garth Reeves,
of Law; University of
forward, we will try
Mayor Ferre: Reverend, excuse me for a moment so I can
gauge the time that this is all going to take. Are the
minority report authors still here? Is Bill Perry still
around? Okay, Dr. Perry, are you going to address the
Commission? Do you want to address the Commission on this
issue? 6
Dr. Perry: Yes, sir.
Mayor Ferre: Okay, anybody else that was on the committee
first of all, that has a dissenting opinion, anybody else?
Thank you. All right, the chair will recognize you, Rever-
end, and then the other members of the committee and then
I'll receive the dissenting report from Dr. Perry.
Reverend Rudolph: Riots, civil disturbances are not gener-
ally born out of a hatred or are born out of a hatred which
isolates and minimizes the achievement of reasonable goals.
Psychologists have noted that individuals and groups who are
frustrated in their efforts to acquire highly desired goals
tend to respond with a pattern or aggression. If it is
possible to direct this aggression at the actual cause, the
subject will do so. If not, the subject tends to displace
his frustrations on a scapegoat by attacking a person, an
object, a building, or a group close at hand incapable of
exerting effective resistance. The shooting of Novel
Johnson, Jr. gave vent to the problematic condition of too
many dreams deferred too .long by the powerful few. In
essence, too many promises have been made and too many
solutions have been delivered. The tragedy of Nevel
Johnson's death resulted in three days of rioting and civil
unrest whereupon a second life was lost and to this day the
criminal justice system continues to give an uncertain sound
as to the approach and to the application of equal law,
equal justice. Riots do not simply happen. Riots are
caused and they are not limited to socioeoonomio-economic
citizens. For example, the Saturday announcement of the
McDuffy verdict polarized and congregated some of Miami's
finest and highest paid citizens of the steps of the Justice
building only to discover that upstanding white collar
109
RT 5/10/84
necktie ' +gearing dititans also go aid when they late t sir
baltme. Histoeiaity of . ftertown profiles a hoGibq of -ath
and women Who have consistently improved them lot iffid
amplified their Skills through education, sit re iertbe_ ` irjB
integration into the main stream. However, the-66itemporie'
setting viewed over th6 last 20 years reveals the impact 6f
the civil rights law for fair housing gat which caused the
segregation of local residents from local businesses Mid
everything thereafter seems to have gone down. Cur's is to
thank the members of the Committee who worked for afore thin
a year, but more importantly, we ask of the City Commission
and the Mayor to pin a formal note of thanks to every person
Who served on this Committee as well as staff members Who
gave their time and energy to make this report actual today.
But the real question is not the report. The real question
is where do we go from here. Will this report go in the
garbage as all others have or will you give it strength
before you disban the Blue Ribbon Committee and make some-
thing happen? It will not happen unless we make it happen.
Dr. Herbert.
Mayor Ferre: Thank you, Reverend, is there anybody else
from the Committee that wishes to speak before we hearing
any dissenting opinions?
Dr. Adam Herbert: Mr. Mayor, I would, please.
Mayor Ferre: Yes, sir.
Dr. Herbert: Mr. Mayor and members of the City Commission,
consistent with the mandate given to the Overtown....
Mayor Ferre: We need your name and address for the record.
Dr. Herbert: I'm sorry. I am Adam Herbert, 251 Crandon
Blvd and FIU. Consistent with the Mandate that was given to
the Overtown Blue Ribbon Commission, we have focused partic-
ular attention on five critical areas. First social econom-
ic housing, youth and support conditions as well as services
that are available in the Overtown area 2) Police operations
in the City of Miami 3) Innovative law enforcement programs
which are being utilized around the country which might be
appropriate for implementation in the City of Miami for
black community perceptions of both its needs and it's
perceptions of the Miami Police Department and finally the
impact of political leadership and community values on the
Miami Police Department's policies and practices. As our
report indicates, we have sought views from a cross section
of the citizens of Miami through hearings, interviews and
written suggestions. We have also consulted with persons
who are knowledgeable about police practices within the city
of Miami and with several minority law enforcement execu-
tives and major cities throughout the nation. Finally, we
have talked with Police Department representatives and other
appropriate professional staff of the dynamics and practices
as well as the nature of public services being delivered to
the black community in Miami. Our recommendations have been
built around these inputs as well as a review of literature
relevant to the committee's mission. I would like to call
to the Commission's attention several important themes and
issues raised in our report and then ask Dr. Jeffrey Alpert
to highlight briefly the major recommendations we have made
in the report particularly in regard to police practices and
policies. If you will note in reviewing our recommenda-
tions, a fundamental theme running throughout the report is
that the operations of a Police Department reflect both the
values of the community it serves and the political direc-
tions given to the Department by you, the elected officials
of the jurisdiction. It is our belief that this Commission
and the citizens you represent can and should articulate
110
RT 5/10/84
I
clearly the over -arching philosophy mhiah ,must guide *ill
guide police policies, practices and procedures in the City
or- Miami. We also believe that the ppolitiaal as W611,-=sa -
civic leadership in this community is essential 0-:the
aahievement of a responsive and dommunity&sensitive police-.
Department. Congequentlys we have recommended that the -
Commission articulate in clear tens to the City Manager and
to the police Chief your views concerning the values which
should be at the foundation of the Department's d&Uy prao-
tices. of particular importance is a policy statement from
this body which requires a clear deg -emphasis on force and/or
violence and a much greater political emphasis on non-vio-
lent persuasion as the City government's expected approach
to policing the problem and/or conflict resolution. this
policy position which we are calling for should ultimate be
reflected in the screening of new officers, in training
methodologies and disciplinary practices and in the reward
system which is used throughout the Department's ranks. In
short, it is our hope that the Commission will articulate a
policy intent that the City's Police Department will through
its daily practices demonstrate that officers are not the
creators or generators of conflict and violence, but are,
indeed, the peace makers and peace keepers who are working
with citizens to make this City a better one in which to
live. A second major theme in the report is our belief that
crime is a symptom of political, economic and social ineq-
uities in any jurisdiction. As a consequence, we cannot
expect the Miami Police Department acting on its own limited
mandate efficiently to preserve public order and assure the
elimination of crime in the face of such conditions until
some fundamental policy changes, administrative changes are
made in the real and/or perceived and equitable distribution
of services and opportunities. Crime problems in Miami will
continue to exist even with a massive increase in police
spending and growing uses of force. We urge the Commission
to focus particular attention on the Committee's
111
5/ 10/84
Yi' ar:7',�'.a't � 4',s'"i�?`i .g � 4� '"3• ��7'�`:. - 4: 1T'9
y
i
recommendations in the areas. of economic opportunity, hous.,
i t, education, youth related concerns and support Systems,
A failure to address 910me of the critical needs that have
been referenced therein will serve only to foster AltGfta*A
tion, create further feelings within the black community of
hostility and resentment toward government and place police
in the roll of controlling expressions of anger which
should really be addressed through more focused social :and
economic policies. We recognized in our discussions that
the City government does not have resources adequate to
address all of the problems and needs we have identified in
the report but it can be a oatalyst, it must be a catalyst
for partnerships between governments, the private sector.and
citizens which could make an immediate and long term differ-
enee. Such an effort will facilitate a more desirable
police role we have advocated in our recommendations.
Another important theme in our report relates to'aeeounta-
bility. It is clear that throughout our society there are
demands for a greater bureaucratic accountability. One of
the fundamental problems we observed in our analysis is that
there is not sufficient formal police accountability to
those who are being served. We have made specific recommen-
dations in this area in the belief that continuing feedback
to the Police Chief on officer performance and to the
Manager and this Commission on departmental performance are
of vital importance. The proposals we recommend call for
acquiring feedback from citizens on officer efficiency,
courtesy and follow through. Of particular importance and
significance in this regard are our conclusions related to
the notion of a police civilian review board. The members
of the Committee examine practices in both the City and Dade
County related to the assurance of professional compliance
with departmental policy and the maintenance of citizen
rights. We concluded that the City should examine this
specific issue in greater detail but with an emphasis on
addressing professional compliance issues not only within
the Police Department but across all departmental lines. It
is our sincere hope that you will expect the same degree of
sensitivity from the staff of all agencies which serve the
black community and that vehicles to achieve such a purpose
will be carefully reviewed. Finally we have spoken to the
importance of more comprehensive police services throughout
the City and particularly within the black community. It is
our view that particular problems and needs of the black
community should be given greater consideration in making
decisions related to the sites for substations or other
forms of physical police presence. We could not and did not
make determinations as to the specific locations or types of
physical presence which the police should have in Overtown
but we do see a need for a greater physical presence in that
community. We also see a need for more black police offi-
cers especially at command ranks and for a closer relation-
ship between the police and the community being served. We
have made some very concrete recommendations to achieve
those objectives. These, Mr. Mayor and members of the
Commission, are just a few of the critical ideas which the
committee has incorporated into its recommendations. If
there is a final observation which must be made, it deals
with leadership. The Police Chief in this community must
make very clear to the officers reporting to him and on an
on -going basis what this Commission expects of them, what it
expects as well of the citizens of the community in terms of
fulfilling its obligations in the kind of community we seek
to build. A failure on the part of the Chief to articulate
clearly those expectations, a failure on the part of the
Commission to articulate what it expects will lead to a
much greater difficulty in addressing the responsive commu-
nity policing which we would hope to see. Ultimately, this
RT 112 5/ 10/84
sv ." - ?�„ •;t: ;sv;: cry-,i�'iru 4:� M{�w d4' _. _ - ,,�..:'y keo��"P.
' _
4 �
Commission is the only body which Gan aSSUP6 that bhoh�
citig6h desires are clearly articulated and that the kind:.ot
dirsotion that we are proposing is pursued., It Is: our
sinaere hope that the suggestions we have made in ourreport
sill provide Some assistance to you as you Sort -but these
very difficult priorities and determine that direction.
Mayor ferret Dr. Herberto before you leave, while it is in
my mind I think before we hear the next speaker r just want
to first of all commend you for the work that you and your
subcommittee did in what is obviously a very difficult area.
Let me say that, as you know, we have a new Police Chief and
I think there has been already in a short period of time
substantial attitude changes from a vibration point of view]
if you know what I mean, which is basically what you're
talking about, about the type of articulation from the
leadership in the Police Department on issues that I think
have been helpful in the sense that you're talking about. I
think we have made progress before, and I must say that in
all honesty, even though I was not the greatest admirer of
the previous Police Chief, but I think in fairness to him we
had made some progress even though I don't think nearly as
much as was needed in this particular area. His strengths
were otherwise, they certainly weren't towards racial sensi-
tivity. I think we have now a Police Chief that is much
more sensitive on racial issues and I think some very impor-
tant steps have been very quickly taken to 'ascertain that
attitude. The one comment that I have is the question of
institutionalization of issues. You know we talk about the
institutionalization of racism and it is really the most
difficult of racism to deal with because once it becomes
institutionalized it is difficult to put a finger on an
individual and say you are doing this and that. Okay? Now,
the other side of it is that it is really through institu-
tions that we also get the safeguard of due process and
procedures when they are honestly adhered to. The problem
that we have here which is not unique to Miami but a univer-
sal problem and certainly throughout the United States is
that we make decisions based on who rather than what and,
therefore, what I'm saying is that as long as we have Howard
Gary, for example, as Manager then the process in the city
of Miami as far as that particular issue of racial sensitiv-
ity in compliance with professional ethics and standards is
safeguarded because of the who, the Manager. The problem is
that when we do things based on who, when the who changes
and the next guy that comes around as Police Chief or Manag-
er of Assistant Manager or in Jack Eads' Job or what have
you isn't quite as sensitive then you have a retrogression.
So my only qualm with your report is the question of how do
we institutionalize it. Howard and I have had this conver-
sation on several occasions, that how do we institutionalize
this so that due process is somehow chisled in stone so to
speak and so that it becomes part and parcel of the body
politic of the City of Miami when Howard Gary and this
Commission is no longer here or that Police Chief is no
longer there. Now, therefore, I have taken very careful, I
paid careful attention to the issue that you bring out as to
how we deal with this on a city-wide basis rather than just
limit it to the Police Department but that requires institu-
tionalization of the process. Now, you, in that area, did
not bite the bullet, with all due respects, you kind of...
Dr. Herbert: Let me just say that the members of our Com-
mittee could not have agreed with you more, that there
clearly is a need for institutionalization of the kind of
approach that we have been talking about. What we are
suggesting in our report is that that institutionalization
occurs in several ways. It begins with a very clear articu-
lation of the policy direction which this Commission wishes
to seek and that is one of the reasons that we have focused
113
RT 5/10/8b
ao. heavLly . upon the ieiportance of the Comeissibn AKYL ►g t
it..ezpaats. Vith that clean policy guidance, whoever the,
14anager is, whoever the police Chief Lai has clear- ope-ratinig`
directions. Now, the additional point that we have to mate
is that clearly institutionalization goes beyond policy and
in that regard there are several ways that we are suggesting y
that that be achieved. We have focused on the issue of
review boards$ it was our view, however, that it was inap�
propriate to focus solely upon the creation of a review
board to deal with police only. And taking a look at so-
oial, economic and other oonditions, housing conditions in
the Overtown area, we were convinced that it was important
that we have a panel or a board that black residents of this
community could go and talk to, whatever their problems
might be. It may very well be with police but it could also
deal with human services but that should be institutional-
ized and this Commission has an opportunity to make very
clear that across the board you are committed to assuring
that this City government is going to be responsive to the
problems and needs of all people in the City. Not only do
we deal with it at that level, but also there are some very
concrete recommendations that have the effect of institu-
tionalization. We are very concerned, just to give you one
example, about testing. There was an article in the paper
this morning that dealt with that and we have some even more
severe concerns, serious concerns than those that were
articulated in the newspaper this morning about testing.
There are a number of other areas that deal with institu-
tionalization, how one recruits, how one provides rewards or
punishment for inappropriate behavior. These are just
examples of our approach to dealing with that but I think
overall there is no question but that we must talk seriously
about institutionalization so that regardless of who the
members of the Commission are or who the Manager is or who
the Police Chief is we have some things in place that they
are going to have to be responsible to with regard to policy
as well as procedures. And just one final observation
again, Mr. Mayor, I do want to assure you that we did not
attempt to avoid focusing attention on that issue, it was
just that we felt that the Commission should conduct a
serious study across the board of all agencies and how you
can be assured and how the City Manager can be assured that
all of your employees, whether they are civilian, Police or
Fire are acting in a fashion that is truly responsive to all
citizens without regard to race or ethnic background.
Mayor Ferre: All right, sir, thank you.
Mr. Plummer: Dr. Herbert, excuse me. Of course, we read
mostly in the newspaper as to sensationalism, and that's
their job to sell newspapers. Am I to understand your
comments just made, are the references in the newspaper to
political interference or political overtones? Because if,
in fact, that is what was extrapolated from your remarks
that that was a political problem I'm asking you is there
something else other than what you have said and what I read
in the paper?
Dr. Herbert: What we were attempting to make clear is that
the Police as well as all local agencies operate within a
political arena. It is an arena which is responsive on the
one hand to desires within the community but ultimately the
members of the Commission have to make political judgments
and the fact that it is a political arena does create situa-
tions in which choices are made based in part upon political
determinations. We made that observation. I would also
note that we voiced some very serious concerns about the
practices of the media in this community. It was our view
that in many instances the press, rather than seeking to
help in resolving problems appeared to perpetuate them to
AT 114 5/ 10/84
41
SY•
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)-^yf,•i`'e - V.•aS_W''•e.Y�*,Jjjs``"Yi§t.fL 3 �,'.i'."5$'.?.
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edd.a "dal to the tire$ go ~ware very a
also# that there is, not the kind of sensitivity
`andiCUat, should, ba.`.,there as we attete$t to Address,, e66 ::; :; t
these very serious problems.:-
vp
Y
_
MrflUmmet: Did- you read the article -in-the�.�aparf,�h�h ^,°y
two week►-. ago? Ya
v
Dr. Herbert: Yes I did.
Mr. Plummer: Then you don't agree with the innuendoes' and
the overtones that were -given?
Dr. Herbert: I'm not sure which ones you're speaking to.
Mayor Ferre: Barbara York's article in the Miami Mews.
Dr. Herbert: I recall the artiole, I'm Just not sure
that...
Mr. Plummer: Well, it spoke to one of the main problems as
that being political.
Dr. Herbert: What we are asking for in the report is polit-
ical leadership.
Mayor Ferre: It did not name anybody, J. Lee',
Mr. Plummer: I understand that.
Mayor Ferre: But furthermore, when you talk about politics,
there are a lot of levels of politics, I mean you can talk
about politics at the Commission level, you can talk about
politics in the Police Department.
Mr. Plummer: The inference given by the article was at this
Commission level, that's what I took exception to.
Mayor Ferre: J. L. Plummer, I want to tell you something.
I wrote in two days I think the nastiest bunch of letters
that I have ever written in my life were written during
those two days. One of them ended up saying that poor Bill
Baggs must be turning in his grave and on and on and on and
finally i did not mail any of those because I figured frank-
ly it was not, it just wasn't worth it frankly and I took
the article for what it was. It was a knee jerk political
hatchet job article written on half information on not a
full report.
Mr. Plummer: Well, Mr. Mayor, I just wanted to get on the
record from the person who wrote the report. The final
question I have is you were around for the recent problem
that we had, I would like to go a little bit further than
what the Mayor asked about new sense of direction and the
new Chief, we have seen that. Did you see a big change, no
change in the way the matters were handled this time as
opposed to the previous problem?
Dr. Herbert: Recognizing, of course, that I am like every
other citizen in terms of the availability of information,
the thing that struck me was that there did appear to be a
much clearer sense of what the Police role was to be in the
community and it did appear that it was handled in a fashion
that was more sensitive to some of those community needs.
The one observation there, of course, is that there was time
for advanced planning and in some cases that we were looking
at that opportunity for advanced discussion of alternatives
was not there. I think that the Mayor's point is a very
important one and that is that it is essential that the
chief manifest the kind of values and operate in a fashion
115
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that 4 eartaihly► reflebted in What t6ok 16as At xIhatoft!'%
in time
F. .
14r. PIUMAter: Thank You i
DrHerbert: 1 Would gust like to add 'one final o t
going back to your earlier question, Commissioner plukatr,
and that is that that I think that the prlss'a ahariateriei
tion of some of our comments use not accurate and I think:it
was also unfortunate that the findings of the o6mmittee wer6
released prior to their being presented to this Commission'.
This is part of what we were talking with regard to insensi-
tivity to some of the kinds of problems and needs to publi-
cizing of some of these activities. We have a community
which clearly is tense, there are some needs that simply
must be addressed and my hope is, and I think I speak for
the other members of the Committee, is that the press will
exert much more careful attention to its role and its appro-
priate responsibilities in covering news in an impartial and
unbiased kind of fashion without inciting people to take
actions which are clearly inappropriate.
Mr. Plummer: I don't think you and I will live to see that
day.
Mayor Ferre: Go ahead, sir.
Mr. Jeoffrey Alpert: My name is Jeoffrey Alpert and I was
the senior author of the police report and I wanted to
address several issues that both Reverend Rudolph and Dr.
Herbert mentioned but pursuant to this conversation I think
are important with regard to judicial rule making and hope-
fully administrative rule making and that is there are
certain issues which we brought up in this report that have
to do basically with police selection, the police mission
and civilian review. To begin with, in the police selection
issue, we must not tie the Miami Police Department to a
psychological test that is inappropriately prepared, that is
inappropriately analyzed, that is inappropriately used and I
think we must move towards the assessment center model.
Secondly, in police training, we must train and reward
restraint of violence as opposed to the use of violence and
I think we must reward non-violent policing. In terms of
police mission and its mission of service, I think we recom-
mended, and I think one of the better recommendations in the
report is to institute a program where the consumers of the
police service can evaluate these services. In other words,
those who use the police can then in turn evaluate the
response. They can lead toward and add to the early warning
system. In terms of the accountability or review, as Dr.
Herbert mentioned earlier, we need to conduct a feasibility
study. I don't think we should have a knee-jerk reaction
and create some board or another that may or may not work.
I think we need to find out what is going to work and I
think we should not forget that we have a very powerful
civilian review board in the Grand Jury. And the most
important issue, Mr. Mayor, I think is the follow up of
these and other recommendations. I think we can talk all
day, we can write more reports and we can sit on the library
shelf and collect dust but I think to evaluate and implement
these recommendations is probably the most important thing
we can provide to you. Thank you.
Mayor Ferre: All right, at this time I will recognize Dr.
Perry for a minority report. Dr. Perry.
Dr. Bill Perry: Thank you, Mr. Mayor and Commissioners, my
name is Bill Perry. I reside at 850 N.W. 2nd Street Road,
Miami. Just let me say that the dialogue that I just heard
is almost unbelievable. If you will look on page 169 in
RT 5/10/84
116
V
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this. -'reporto and I didn't write: this) this is the .satuaj;
P600rto and I will just read a section of it to your `his.
l-,-
inharent-disoord provides one check on the police Department.
and. any Major abuse of power along with this authority,-
ty 9, -
however goes the liability_ for responsible actions, -:-The:
political arena in which the police and the community' ILve,
is controlled by the power elite and has potential for widem,
spread abuse. It is important to recognize how the poten*6
tial impact Of political abuses and in -fighting of politi-
oians is felt in minority communities. And we move on to
our major conclusions are that and then (1) major conclusion
the actual or perceived use or misuse of political power and
the manipulation of minority group conflicts contribute to
racial unrest in Miami. Now, what I have just read and some
of the comments I heard previously seem to be in conflict.
I know there is a lot of reference to the newspaper article
that appeared a couple of weeks ago, but it would be my
guess that some of the inferences that appeared in that
article came directly from this page. So I would say that
article does have some credence based upon the report as
submitted by the Committee. But let me just share another,
and I'm not going into the minority report itself because we
have written it and you have it before you and I don't see
the need to point it out but I will attempt to just indicate
what some of our recommendations happen to have been in a
summary fashion. But see, I think my questions around the
report deal more with the process that the Committee engaged
in which seemed to me, and this is purely my "perception, to
have excluded those persons that either participate in a
riot or disturbance or persons that are severely impacted by
such disturbances by having some input and being able to
engage in sharing testimony as to what happens in those
given situations, not saying that there was not some limited
testimony but a brief example of what I'm talking about is
when you engage in a study of a community and conduct your
meetings a few blocks away from that community and seem to
unconsciously avoid using the economic resources of that
community while at the same time going to Public buying food
to serve to the community every evening and you're talking
about the economic conditions of that community reflects to
me an insensitivity to the needs of that community that
you're there talking about the economic needs of that commu-
nity. Another comment that I picked up from previous dis-
cussions is that I never have heard that the Grand Jury
referred to as a civilian review board. Perhaps as an
attorney, a Judge may be in the audience that could bring
some clarity to that. But let me get back to the process
itself. I think John Doe and I tried to look at and raise
our concerns around the integrity of the report, its credi-
bility and the validity of it and a lot of that centers on
the exclusion of people in that community. We say that
there is a lack of balance in the report. If you go through
the reams of testimony coming from law enforcement offi-
cials, and let me tell you that I'm talking about the police
practices and policies particular section, if you look at
the reams of testimony given by law enforcement types and
'the dirth of iiffoimiftion,'6f testimony by community resi-
cienr.s i tninx you will agree with me. But our particular
recommendations are very limited in number. We indicate one
of the major ones to be that it is our feeling that there
certainly should be some form of survey and oversight of
some form of civilian review of the Miami Police Department
specifically, other departments well and good but specifi-
cally the Police Department. We also recommended that you
take a look at the Detroit model where they have some type
of civilian board that supervises and oversees the operation
of the Police Department to make a determination if that
model would be applicable to this area. You brought up the
question of institutionalization of change. As we look at
that whole process one way of doing it in response to your
117
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'�'. .. �1.'. '1'�•b, �n
.questions might be to look at the modal that , is established
in the private sector where they have a bea'vy emphAAUdo
on -going staff training, staff development; lsaddrahip
development and including a heavy research and development
component as a part of that which we often find laoking in
gavernmental aganoies. We also propose that you go beyond
the bricks and mortar aspect of community development and
begin to deal with human needs and the delivery of.Aervi6ti.
Another .one of our recommendations speaks to our opposition
of the store front police substations, It is our feeling
that the black community has had enough of seoond-handed
operations and what we're looking for is a first class
police substation that operates 24 hours a day throughout
the black communities. We also say that there is a need to
look at the recruitment and retention effort as relates to
black officers in our Police Department. I don't recall the
Police Practices Committee questioning any persons that
happened to have been black that have washed out of the
Police Academy, all of our testimony came from police types
again, and people that worked in that academy on the other
side of the fence. We went on further to say that there
might be a need to look at the cultural aspect and cultural
differences not for the purpose of reducing standards or
changing standards but to examine cultural differences to
see that, to make a determination if that has some impact on
our retention ability relative to blacks entering the insti-
tution. We also propose that the establishment of what we
call Police Street Councils which would give"an opportunity
for persons that are active in the streets to have interac-
tion with police on a more formal basis to have input and
exchange ideas as how they see themselves being policed and
make recommendations in that regard. Finally we said that
the City Manager has done an excellent job in diffusing the
disturbances that have occurred in this City, at least those
that relate to Overtown in particular and we're asking that
the City Manager be given the authority and the support in
reorganizing the Police Department as he is presently doing
and that that authority be given to him and the City Commis-
sion act positively on his recommendations that he brings
before you.
Mayor Ferre: Bill, on that last point, that is like when
did you stop beating your wife kind of a thing. When have
we not supported one hundred per cent the City Manager's
recommendations? The only time that we got into a problem
in discussion here is in the Booze Allen Report which is
something, frankly, with all due respects to the Manager,
that he brought upon himself because he has the authority
under the Charter to reorganize the Department any way he
sees fit within the budgetary process. And the fact that he
wanted Commission approval of all these things was something
he wanted to do but I think frankly, and you know, I would
ask the Manager to at this point speak if it is otherwise,
that this Commission has totally and at all times one hun-
dred per cent at budget times and otherwise supported all of
the policies he has wanted to implement with that one excep-
tion that I can think of.
Dr. Perry: This recommendation wasn't made from a negative
point of view, Mr. Mayor, this recommendation was made as an
endorsement of the Manager's efforts as to what he is doing
and encouraging you and the Commission to support him in
those efforts. I'm not saying that you haven't done that.
Mayor Ferre: No, but we have one hundred per cent and I
just didn't want to leave that statement out there without
responding to it on the record that this Commission has a
record of a hundred per cent backing on the Police Depart-
ment of this particular Manager.
118
RT 5/10/84
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Mayor, . terrs : Thank y:u t air ♦
Mayor-le0rai Noa, .i knov that Dr. Herbert oantg- ' 0: red0`o
but Dr. Herbert,' what Ism ooncerned' about is that Wd �e
into a debate format here and if you want to make a real
quickie 1*11 let you do it.
Dr. Herbert: Just_a very short statement, Mr. Mayor. I do
want to assure the Commission that with regard to the meth-
odology that was utilized, contrary to what you're hearing,
we did make a conscious effort and did indeed have a number
of members of the black community appearing before us, as a
matter of fact, some of those officers who he mentioned were
also included and I also want to assure you that we have
looked very carefully at the 1982 Overtown Survey Report
that was a good sample of attitudes there. And just a final
note, we certainly recognize that with regard to individual
points in the report that there may not be complete agree-
ment and we certainly respect the right of any member of the
Committee to differ with what we recommended but I think
that the observations that we made a few moments ago still
are appropriate.
Mayor Ferre: My comment, Doctor, and please don't misunder-
stand or misinterpret or get upset with what I'm about to
say. I think there are a lot of good things, a lot of
pearls of wisdom in this report. It is a good report.
There is a lot of steel in it but there is also a lot of
pablum in it and the problem with mixing pablum and steel
is that if you put it all together and when you bit into it
and you think you're biting into pablum and you get a piece
of steel you might break one of your teeth and I think what
we need to do, frankly as this Commission, and I think, Dr.
Perry, to that extent I think has some very valid points is
that we kind of need to put the pablum on one side and put
the steel pieces on the other and that we need -to deal with
both of them accordingly and I think there is a little bit
of both in this report and there are a lot of good things
here and we need to deal with those things that are tough
and sometimes - there are some tough issues that you brought
out here and I want to assure you as one member of this
Commission that this report is not going to be shelved, I'm
going to ask the administration first of all to react to it
and secondly, I'm going to put it up for discussion at this
Commission level and I will, of course, advise the Chairper-
son and the members of this Committee to be present if they
wish to so that this Commission after proper study and
proper reaction by the administration can react to these
issues.
Dr. Herbert: And if we can be of any assistance to you as a
follow-up to this effort, we would be very happy to do so.
Mayor Ferre: And believe me, this is a - I wrote Dr. Perry,
and I'm very serious about that, I wanted to wait for this
report and I will be meeting with Dr. Perry and some other
people in his organization dealing with this and other
issues but that is something that I'm going to be doing
personally. But as a Commission, this Commission is going
to be reacting at a proper time, hopefully very soon after
the administration has an opportunity to react to it in
writing. Are there any questions or statements that members
of this Commission wish to make? If not, I think we need to
do three things. First of all, we have some certificates of
gratitude. (See Item 32.)
119
RT 5/10/84
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31. APPROYE IN Pft1NCIPL8 12023T PROMRU DY DR 101JANDO
PADNON IN CONNECTION WITH THE MIAMI NBOOEFAIR INTRUAw
TIONAL0 FON A FUDING 29OUENT OF $50*000 FOR AN SVINT TO
DN HILD► in THE CITY Or MIAMI IN, NOVEN9211, 19840 CON11N.
GENT UPON MEEYIMOS WITH THE CITY HANA099 AND: PAATICIPAi
TION EY MET90 0
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Mayor Ferre: This is Item No. 19, Dr. Eduardo Padron,
"Bookfair International" regarding a grant of $509000 to
underwrite the expenses associated with the Miami Bookfair.
Dr. Eduardo Padron: Gentlemen, I'm here representing a
group of citizens to request your support for a very excit-
ing and significant project that has the potential of going
a long way toward helping the City of Miami be placed in the
world map of international cities. I am referring to the
First Annual Miami International Bookfair. This is a pro-
ject that has been long overdue. It is a project that has
the potential... A group of citizens have been working very
hard in trying to put this event together that we hope to
take place the first place in November and basically we feel
that because of the enthusiastic support that we have re-
ceived not only from local and national publishers but also
from international publishers that it has the"potential...
Mr. Dawkins: Dr. Padron, we're going to take a recommenda-
tion from the Manager so we can get this.
Mayor Ferre: Mr. Manager, what is your recommendation on
this?
Mr. Gary: Mr. Mayor, I think it is a good idea. I would
urge the City Commission to support this International
Bookfair in principle with the understanding that the City
Manager will sit down with Dr. Padron and work out a budget
with the City's proposed local share and I'll come back to
you.
Mayor Ferre: My only caveat to that, Mr. Manager, that's
fine, I accept that, is that, you know how we do these
things on a 50-50 deal with Metro because otherwise we never
get any money out of them, you know they put the full burden
on us and they end up always getting most of the credit when
we end up putting up a lot of the dough. So I've got no
problems if we do it on a shared basis with Metropolitan
Dade County.
Mr. Gary: Yes, sir, we've talked about that too.
Mayor Ferre: And put half of the burden on them.
Mr. Gary: Yes, sir.
120
HT 5/10/84
�1]
The , following motion Vag
Plum mor, who erred 1ts adoption:
introduned by Commissioner
MOTION NO, 84428.
A -MOTION ACCEPTING IN 'PRINCIPLE A Et-
CUEST PROFFERED BY DR, EDUARDO PADEON IN
CONNECTION WITH A FUNDING REQUEST FOR
*50,000 TO UNDERWRITE EXPENSES ASSOCIAT-
ED WITH THE "MIAMI BOOK FAIR INTERNA-
TIONAL" TO BE HELD IN NOVEMBER 8, 9 AND
10, 1984; FURTHER INSTRUCTING THE CITY
MANAGER TO MEET WITH DR. PADRON TO WORK
OUT THE DETAILS OF A BUDGET; AND FINALLY
STIPULATING THAT THIS APPROVAL IS CONDI-
TIONED UPON THIS EXPENDITURE BEING
SHARED WITH METROPOLITAN DADE COUNTY.
Upon being seconded by Commissioner Dawkins, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Vice -Mayor Demetrio Perez, Jr.
ABSENT: None.
---------------------------------ter------■.----------------
32. PRESENTATION OF CERTIFICATES OF APPRECIATION TO MEMBERS
OF THE BLUE RIBBON COMMITTEE CONCERNED WITH THE OVERTOWN
DISTURBANCES
-------------------------------------------------------�r--�►.�
Certificates of Appreciation were presented to the following
members of the Blue Ribbon Committee:
Rev. Winston Rudolph, Kelsey Dorsett, Rabi Haskel Bernatt,
Anne Marie Adker, Rev. Adorga, William Brown, George Ellis,
Vernon Clark, Raymond Foxworth, John Gibson, Henry Gibbons,
Orange Hays, Ira Henson, Charlie Johnson, Brenda Livingston,
Eduardo Padron, David Perkins, Clyde Pettiway, Athalie
Range, Roland Rolle, Paul Velles, Lenore Watley, Nestor
Williams, Joe Wilson, Adam Herbert, Richard Gerstein,
Jeoffrey Alpert, Father Barry, Fred Crawford, Irving
Golddabber, Ralph Lewis, Eddie Mitchell, Mrs. McGee, William
Perry, Ottis Pitts, Robert Schevin, Lea Simms, William
Stokes, Roderick Sutton, Francina Thomas, Sylvia Lobos and
Warren Wheppin and Juanita Shearer.
121
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5/10/64
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Mayor Perre: Nov the president of the Miami bade Chamber of
Commerce and Otis Pitts - Mr. Edward King and Mr. Otis Pitts
at this point want to address the Commission. This is an
item that they have requested on a special... All right,
Mr. King, go ahead.
Mr. Edward King, Jr.: Mayor Ferre and the honorable members
of the City Commission, it is indeed a pleasure to have our
local government to come to we, the people of this City, to
hear our concerns as citizens and as business persons. My
name is Edward King, Jr. I serve as President of the Miami
Dade Chamber of Commerce whose office is located in Liberty
City. Our chamber represents over 400 businesses in the
Miami Dade community. Most of those businesses are located
in the liberty City area. I am here today on behalf of
those businesses to talk with this Commission about Economic
Development for the Liberty City community. I have watched
with awe and wonder how the City of Miami and•,private devel-
opers and the Downtown Development Authority have joined
hands and walked together despite their differences and
turned a dying decaying city into one of the most vibrant
and exciting cities in the United States. It was through
the efforts of this Commission that the forces of Economic
Development were marshaled. Had it not been for the crea-
tivity and vision of this Commission, we would not have
Bayside, we would not have the Knight Convention Center or
we would not have Park West/Overtown. Because of your dream
for Miami these massive projects have come or will become a
reality. So today I am here to commend you as leaders for
the great effort that you have undertaken. However, our
Chamber is very concerned about Economic Development of
Liberty City. We as business persons and citizens have a
vision and a dream of Liberty City also. Besides basic
housing needs, Liberty City needs business expansion, reten-
tion and creation. This area needs a single comprehensive
development plan involving housing, industrial and business
development. Why Liberty City? Because Liberty City has
the single and the largest concentration of black businesses
in this County. Most of the infrastructure is already here
and in place - water, sewers, streets, sidewalks, etc..
Liberty City is only 5 minutes from downtown, 10 minutes
from the International Airport, 10 minute to the Seaport, 15
minutes to Miami Beach and 20 minutes to the Broward County
line. The people are already living here and contrary to
popular belief, everyone in Liberty City is not poor.
Liberty City needs one or two hotels. We could use some
good office space, restaurants, shops, town houses, residen-
tial and other businesses. All of this can happen if this
Commission, business leaders and the people can catch a
vision of the new Liberty City. There must be a single
entity or authority similar to the Downtown Development
Authority that this City Commission will create, impower and
commission to bring the loose pieces together into one
comprehensive plan. I am asking this Commission to put the
necessary pieces in place to create a Liberty City Redevel-
opment Agency or a redevelopment authority. Along with the
City, the Miami Dade Chamber of Commerce will search out the
best business minds, persons who are involved finance and
legal to work with this agency to develop a comprehensive
master development plan. Once the plan has been put togeth-
er it will need money to start its work and staff to run the
122
RT 5/10/84
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Mr'. king (Cot, f t) l We are ooncerned for our brothers in
Overtown. We are concerned for our brothers in last Litibie
�gwana. out ve -iant economic development in Liberty City
t6o. Y ask this Commission today to catch a glimpse', or -the
vision and create the redevelopment agency to iadd tie
$100000,000 to the bond issue.
Mayor Ferre: Mr. King, in the interest of tine, you have
basically talked about two issues. One is the creation of a
redevelopment agency in Liberty City. The second one deals
with the question of a potential bond issue. We will be
having a series of public hearings, as I told you when you
and I met a couple of days ago, at which time you and the
Chamber, and of course any citizens that wants to will have
an opportunity to address that issue. That is something
that we will have to deliberate on, and as I told you then,
my preference is to spend $20,000,000 if people were to
vote for Overtown. However, I have an open mind. If it is
the will of this community to take that and go 410,0009000
for Overtown and $10,000,000 for Liberty City, I certainly
will, as in the past. I have an open mind and I will change
my position if that is the will of the people that come
before this Commission and so express themselves. With
regards to the first issue, which I think is the one we can
deal with now, I have no objections to asking the Admini-
stration to proceed in that direction looking, in the same
way that we have helped other parts of this town, for exam-
ple, we did it with Little Havana. There is a Little Havana
Development Authority, which this City was instrumental in
helping create. So, if somebody wants to make that motion,
I have no problem with it.
Mr. Plummer: Mr. Mayor, to send it to the Manager, I will
make such a motion.
Mr. Dawkins: Make what motion?
Mr. Plummer: Make a motion to send it to the Manager for
discussion.
Mayor Ferre: No, the motion is that.
Mr. Plummer: Whoa! I'm making the motion.
Mayor Ferre: You make the motion, Plummer, but I tell you,
I may make a substitute motion.
Mr. Plummer: That's fine. You might be out voted.
Mayor Ferre: I might be, now that you mention it.
Mr. Plummer: Where is my strength? Where is my strength?
Mr. Dawkins: In all sincerity, Mr. King, I agree with the
principle of what you are saying, but I don't see why it has
to be anything less than any other area has got. You have a
Downtown Development Authority. You have a Little Havana
Development Authority. So, why don't we have a Liberty
City Development Authority? So what you are asking for,
I am for 100%, and I move that we establish a Liberty City
Development Authority and fund it the same way we fund the
others.
Mayor Ferre: Absolutely, that is exactly what I was saying.
So let's proceed.
Mr. Dawkins: Do you second down there, Baldy?
124
sl
5/10/84
fivrx
Mayor Porto: The motion has been made and s000nded,
Mr.. Plummer: Can I amend that to Bend ROY kenaia U the
Direotlr +of Liberty City?
Nayor Ferre: Mr, manager, the motion.*61t is, the pvlioy of:-
this COMMiBBion to 68tabliah a Liberty City Development
Authority and the Administration is to come back with the
-
specifics. Now you know, people get all excited. Let me
tell you, because you know what's going to happen? You get
high expectations and then all of a sudden six months
later, the reality of it comes back and you are going to be
all upset. Let me tell you, the Downtown Development Au-
thority has a taxing base, which was established by the
legislature of Florida. The Little Havana Development
Authority does not have that, and they get no money, except
the little bits and pieces that we give them out of C.D. and
other funds. Now, that however, has been enough for them to
do some things, but it is not the same thing as the Downtown
Development Authority. Now let me tell you how to go about
doing a Downtown Development Authority, which is the same
thing that I've told the Little Havana Development Authori-
ty. There is only one way that you can legally do that.
Legally, you have to have a referendum. Then you can go and
you can tax the area that you are developing.
Mr. Dawkins: One minute, Mr. City Attorney,, is there any-
thing in the statutes of the State of Florida that says if
we establish a tax increment division that money must be
spent in that area?
Mr. Garcia -Pedrosa: I think, Commissioner, the concept of
tax increment financing, if that is what you are referring
to in your question, deals naturally with the area itself,
from which constitutes the tax base for the financing. I
think the answer to the question is yes.
Mr. Dawkins: I have been through this once before when I
said why did the D.D.A. stop its boundaries in the middle of
5th Street? That's where you told me that we had to give it
to the referendum to move it to 20th Street.
Mayor Ferre: That's right.
Mr. Dawkins: So I have no problems with our making a bond
issue where you all are talking of getting money from us,
then you also have to move this boundary for something else.
We have to give and take if we are going to get something
out here.
Mayor Ferre: I have no problems with that, but the voters
have to vote on it.
Mr. Dawkins: The same people that are going to vote on this
are going to be the ones who vote on our bond issues.
Mr. Plummer: Wait a minute, whoa! Let me ask questions.
Mr. City Attorney, just recently the hierarchy of the su-
perstructure downtown, known as the D.D.A., expanded their
boundaries and they incorporated Brickell Avenue without a
vote, without a referendum. Why can't they expand to Liber-
ty City?
Mr. Dawkins: Because that is the ghetto.
Mr. Plummer: No, no, I'm asking a question. Can it be done
legally?
Mr. Garcia -Pedrosa: I don't know that you could expand to
Liberty City without picking up the area in between; but let
me make sure that you....
s 1 125
5/ 10/64
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Mr* Dawkina: What is the area in between
o-
y
i#AraijaPedrosst Well i it depends on ghat Way' YOU ���_
upi If 7ou oome u� you are going to peek
City.
up a ll"
Ovar'tooft b rouge° to betty:
:;
Mr. tiawkin8l; Why riot's
Mr. Garcia -Pedrosa: Wynwood and Allapattah....
Mr. Dawkins*. Any other ghettos in the middle of
Vynwood and
Liberty City....
Mr. Plummer: If the people there are willing to
... the key
to me is are the people willing to tax themselves?
Mr. Garcia -Pedrosa: That's the point I was trying to make
to Commissioner Dawkins.
Mr. Plummer: That's the key point.
Mr. Garcia -Pedrosa: That's the point I was trying to make
to Commissioner Dawkins, that you have to remember that the
Downtown Development Authority is a taxing district.
Mr. Plummer: Correct. And if the people of Liberty City
and an established area want to tax themselves, why can't
they expand the D.D.A. downtown, which has all its adminis-
tration and staff and the know and wherehow, to expand to
Liberty City.
Mr. Dawkins: Now I want us to remember us this discussion,
because one of the greatest lawyers in Miami is going to
come before this Commission and tell us that he has a plan
to take tax increment financing and use one third of it
downtown, use one third of it Park/West Overtown, and use
one third of it for a convention center. So now I want you
to bear in mind what you are telling me, Mr. City Attorney,
is that this cannot be done. Mr. City Attorney, are you
telling me that this cannot be done?
Mr. Garcia -Pedrosa: Sir, the D.D.A. can be expanded.
Mr. Dawkins: No, no, I'll ask my question again. There is
a gentleman who is going to come before this Commission,
Mr. Marty Fine, who has already discussed with me a plan to
take tax increment financing, the total pot, put one-third
in Overtown, one third in downtown, and one third for us to
build an exhibition center, which we need badly. Is this
illegal?
Mr. Garcia -Pedrosa: It is legal, sir, but I want to make
sure that you understand....
Mr. Dawkins: No, no, say what now?
Mayor Ferre: It is legal, he said.
Mr. Dawkins: It is legal. So if it legal to take a pot
and put one third for Overtown, there is nothing that says
we can't take that pot for Overtown, Wynwood, Little Havana,
and Liberty City. Now what is illegal about that?
Mayor Ferre: Because you are confusing apples and oranges.
Mr. Dawkins: Naturally, because I'm dealing with the ghet-
to. Anytime I start talking about benefits for the ghetto,
I'm mixing apples and oranges.
126
el 5/10/84
aK.``s(raKSSs;:'�'.L;�IU,'rti>'?iS.Ka" - _ri _`.'.:i^• - _
Mayor Ferre: No, no.
Mr, =_ Dkwk-tab t When Mr. Marty Fine starts talking :-UP = h6fli; `
it' a �-all -tt��tr►gea s
� ; : �;
Mayor ferret 'Deal with its its all 0.1t; with:. Tbw
don't want to deal 'with reality) deal with a- dream. =- ` v Db
ahead) The law is
the law. You cannot change the db&
atitution of the Mate
of Florida from.... • .
Mr. Dawkins: All I'm
saying is that we don't change it top
Liberty City, let's
don't change it for anyplace else*
That's all I'm saying.
If it the law, then we might as well
write Mr. Marty Fine
a letter and tell him, Mr. Law, you
can't do this.
Mayor Ferre: There is a difference between having a neon
sign on a building and having a green and red light at a
cross intersection.
Mr. Dawkins: But it's the same people who would threw a
rock and break both of them, if they don't have anything.
Mayor Ferre: They are both lights, but they are different
kinds of lights. Listen, I have no problem in dealing with
this, but you'have to deal with the reality, not with the
dream and the expectation of the dream. The Downtown Devel-
opment Authority is based on taxation. It is a legislative
act when the legislature 18 years ago created this taxing
district. It said there shall be a taxing district. it
shall be called the Downtown Development Authority. That
was done in Tallahassee. I was not the Mayor. You were not
the Commissioner. That was done in Tallahasse. That ex-
ists. The Little Havana Development Authority wanted ...
they said, "Me too. I want to be like you." The law says,
"You cannot do that, Little Havana because to do that, you
must now under the constitution of Florida, go to the people
and ask them if they want to tax themselves." If they say
yes, and there was Willy Gort who went through it. He was
the first director and he came to us and he said, "Please,
we want the same as downtown." We said, "You can have it.
Welcome. But you must follow the law. The law says you
must take it to a referendum."
Mr. Plummer: No, no. Brickell Avenue didn't go to referen-
dum.
Mr. Dawkins: Brickell Avenue didn't go to referendum.
Mayor Ferre: Wait a moment. We are talking about the
question of a taxing district. In the case of tax increment
financing, which is a different ball game, you can do that.
You can do it in Liberty City. You don't have to go to a
referendum. Mr. City Attorney, will you explain how the
Brickell Avenue area was expanded with the permission of the
Metropolitan Dade County area and the home rule charter.
Mr. Garcia -Pedrosa: Mr. Mayor, the taxing authority, as you
had explained, had already been created. It was being in
existence already. We looked at the statute and determined
that the expansion of that taxing district that was already
in existence to an immediately adjacent area could be accom-
plished under the law without an actual referendum being
taken.
Mayor Ferre: Now, for example, what that means is you can
do this with Overtown. You can include Overtown and tax the
property owners of Overtown a half a mill. What you cannot
do under the law is extend the D.D.A. to Liberty City. That
you cannot do.
127
al 5/10/84
Mr. Dawkins! MP& -Mayors let me make a statement here that
1 have been making ever since I've been in this COMMISOL66s
We constantly sit here and forget about the rest of Miami.
Now we are talking about developing Overtown/Park West.
When we conk up, Overtown/Park West will be developed the
same as Hriokell Avenue, we will still have a Wynwood gheto
to. We will still have a Liberty City ghetto. There will
be pockets of ghettoism in Overtown. Now if we are going to*.
be about the business of developing Miami, we have to bring
Liberty City, Overtown, Wynwood, and Little Havana up at`the
same time we bring the rest of it up. We have to develop a
little on each area until we have developed all of it. If
we continue to forget that Liberty City exists, that Wynwood
exists, and East Little Havana exists, and all we are going
to be concerned about is the downtown development, and
Overtown/Park West, then we aren't accomplishing what we are
supposed to be about in the City of Miami. So just like we
can find a way to include monies for bifur... -what is the
thing you are going to put in the Dupont Plaza?-
$32,000,000 where somebody on the City of Miami Commission
wrote to the State of Tallahassee and had the Dupont Plaza
area declared a disaster area, and they got disaster funds
under that, and now but we can't find any way to declare
Liberty City in those disasters to get Federal funds. It
can be done. The only thing is that you out there are going
to have to make us do it. Because as long as',you let us sit
up here and let us off the hook, we're not going to do it.
You can make us do it, and we can get it done. Now, going
back to my original statement, if we get a Liberty City
Development Authority with a paid professional to be about
the business of trying to find the money and pay him a
salary, we can get a trained individual who can be about
finding the funds with which to do this. But if we do not,
if we create an authority and do not give it the tools to
work with, we will not get anything done.
Mayor Ferre: We have a motion on the floor and a second.
Is there further discussion?
Mr. Plummer: Who seconded?
Mayor Ferre: This is a motion of intent that this City
Commission is for the creation of a Liberty City Development
Authority, and instructs the Manager and the City Attorney
to proceed immediately in creating such an entity. Is that
correct? Further discussion? Call the roll.
The following motion was introduced by Commission-
er Dawkins, who moved its adoption:
MOTION NO. 84-529
A MOTION TO ESTABLISH A LIBERTY CITY
ECONOMIC DEVELOPMENT AUTHORITY AND
FURTHER DIRECTING THE CITY MANAGER TO
FUND SAID AUTHORITY IN THE SAME MANNER
THAT OTHER DEVELOPMENT AUTHORITIES ARE
FUNDED.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote-
128
sl 5/10/84
AM,& Comtgeione Joe`
..Commissioner Millar a. D&Wkins
Commissioner, J. L. Piumseir, ' Jr.
Ma°or `Haurioe A. Verne
NOSS., done.
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•_ i - '.. `, 1. `'',fir
ABSENT; Yiae-Mayor Deme'ttrio Perez, Jr. F
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34. AQTRORIZE AND DIRMCT CITY KANAQSR TO ALLOCATM 431M
PURSUANT. TO REQUEST BY J. R . S. C. A . POR A 99108BORMOOD
ANTI -CRIME PROGRAM6
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Mayor Ferre: I have a request here also from the J.E.S.C.A.
organization that they have been here all afternoon. They
wanted to be heard. So at this time I will recognize Mr.
Archie Hardwick and Dr. Clyde Pedaway. All right, Mr.
Hardwick.
Mr. Archie Hardwick: I'm Archie Hardwick, Executive Direc-
tor of the James E. Scott Community Association in Liberty
City, 2400 N.W. 54 Street. We submitted two proposals. One
proposal which is a number one priority, is
a computer. Now I must say at this time that we have not
given the City Manager enough opportunity to go over the
information. However, three years ago we had a study done
by Price Waterhouse and it was a study on our management and
audit services of J.E.S.C.A. It was found that our agency,
in order to be more effective needed to computerize all of
our services. As you are all well aware, over a number of
years, we have had many programs from the City of Miami. We
have never requested any type of administrative overhead.
We are requesting from you -it has here $10,0009 but we are
really requesting- $209000. We also will be talking to the
County and the United Fund as part of your contribution to
help us develop an effective mechanism to insure us that we
can handle our fiscal responsibilities and we feel with this
computer, on the long term, that we will be able to more
effectively do our programs and out down costs as it relates
to the City, the County, and other funding sources. We are
also requesting that the City Manager appoint a staff person
to work on a management audit teem that we have set up, in
conjunction with other funding sources, chaired by a C.P.A.
and some of our auditors that have worked with our other
programs. What we are saying is that we hope to develop a
very effective program and we recognize at this time that
you do have a process and that it hasn't gone through that
process, but we are recommending that you award us the
$20,000 and that the City Manager go over the information
that we have submitted to him and any other information, and
that if there is any problem that we will be willing to
come back and get it resolved.
Mayor Ferre: Mr. Hardwick,
Let me ask you a question.
general terms? I mean all the
sents. How big is J.E.S.C.A.?
Mr. Hardwick: $6,200,000.
let's take it one at a time.
What is your total budget in
things that J.E.S.C.A. repre-
Mayor Ferre: How much staff do you have?
Mr. Hardwick: 320.
Mayor Ferre: How many people do you serve?
Sl 129
Mr. Marxdwiak: Approximately S0000 every month.
Mayor ferrst Is there any organization in the .:black a*mm��`
nity that is larger than J.N.S.O.A.y
Mr. Hajrdaiok: Not J. M. S . O. A, in larger in this type ht
serviae. It I a the largest program, not only in .the Dltdk. < t
community, but in the complete community# bade County,.v t• :4
tirely.
Mayor Ferre: Let me ask you this. If we were to grant
that $20,000, would it pay for itself in efficiencies -,and
the operation because of the computers?
Mr. Hardwick: We have been three years studying this....
Mayor Ferre: I want to tell you, Mr. Manager, whenever you
get ready to deal with this thing, you have one vote for it
right here. I just wanted to go on the record that I am
totally in support of this request.
Mr. Plummer: I think that the only thing that we can deal
with is that which is on the agenda today. The other is an
item which has just been presented to us and I don't know
how we can address this until the next meeting.
Mayor Ferre: The same way as we address anything else,
when we want to do it, by doing it.
Mr. Hardwick: I'm requesting that you tentatively request
it and give it to the City Manager for his review and evalu-
ation and then come back give that.
Mr. Plummer: We have an item on the agenda relating to
J.E.S.C.A.
Mr. Hardwick: That's the next one I'm going into.
Mayor Ferre: Go ahead, then we will deal with the whole
issue.
Mr. Hardwick: We received from the Eisenhower foundation a
grant for approximately $140,000 a year to develop an anti -
crime package. This program has been in process for the
last four months.
Mr. Plummer: What item number are you on?
Mr. Hardwick: 15, along with the contribution that was made
by the local community and the Eisenhower Foundation,
J.E.S.C.A. is asked to contribute a certain amount of money
to continue the program. Initially, when we wrote you, we
had requested $3,000 and I think some $700. But in the
evaluation of the program we found that we needed more.
Now we recognize the City may not have that total amount,
because we are also asking you for the computer service, but
we do feel that with the $15,000 that we requested, we can
do an effective program for the next two years and serve the
City.
Mayor Ferre: Archie, I'm confused. On item 15, the request
was $3,700 and some.
Mr. Hardwick: That was our original request.
Mayor Ferre: Now it's $150000. In the original of 43,700,
we were going to get $15,000 from the Eisenhower Foundation.
How much are you going to get from the Eisenhower Founda-
tion? If we put up $15,000, how much does the Eisenhower
Foundation give us.
al 130
5/10/84
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Mrs 90dwlok!
The total amount will ba 0, 000
Mayor Perra:
'Rathar thin $15,0004 �
i
Me, kardwiok.
Ye they are getting approximately � t�i�,
-a,
it was $70, 000 from the local community and thh rest `�'.
oomo,from the
Eisenhower Foundation. y
Mayor Terre:
You asked and out of that $70,000, $15 t000
comes from the
City of Miami. Is that what you are saying -:
Mr. Hardwick:
Yes.
Mayor Ferre:
Where does the rest of it come from?
Mr. Hardwick: From local businesses.
Mayor Ferre: Who?
Mr. Hardwick: Lawyers; for example, Bob Traurig's firm,
Shevin's firm, there are about ten different firms that are
contributing their share.
Mayor Ferre: They're going to put up $70,000.
Mr. Hardwick: Yes.
Mayor Ferre: You want $15,000 from us and you will get
the balance from the Eisenhower Foundation. What are you
going to do with that?
Mr. Hardwick: This will help us continue our program. We
have already had Northwestern University come in do a
survey on the needs of the community. We are already organ-
izing different councils in the various communities. From
that, with the support of the Eisenhower Foundation, which
is tied with the Ford Foundation, we hope to get grants and
other funds to resolve some of the problems that these
various groups are developing at this time.
Mayor Ferre: Mr. Manager, what is your recommendation on
this particular item?
Mr. Gary: Mr. Mayor, this time I can only recommend $3,750,
because that is what we did our analysis on. He's now got
a different recommendation for $15,000 for the same thing.
I would say vote for the $3,750. Let me sit down with Mr.
Hardwick and review his program and then come back with a
modified recommendation that is appropriate.
Mayor Ferre: Is that acceptable to you, Mr. Hardwick?
Mr. Hardwick: Thaz is very acceptable.
Mr. Plummer: So move.
Mr. Dawkins: Before you leave, Mr. Hardwick. Under sala-
ries in the request for the $3,750, under health insurance,
you have this program which pays $70 a month for nine
months. Although you are asking for funding for one year,
why are you only paying health insurance for the individual
for nine months.
Mr. Hardwick: This was based on when the program was start-
ed and it was prorated over nine months to the end of Decem-
ber.
Mr. Dawkins: The person will only be hired for nine months?
131
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- Mr. Carollos What is the motion? That we approve....
Mayor Ferret That we approve the $3,750.
Mid. Plummer: Approve item IS.
Mr. Carollo: Mr. Mayor, can you have the remainder of the
funds that they are requesting be placed on the agenda for
the next meeting?
Mayor Ferre: Fine, that's what the Manager recommended,
that he deal with the balance and come back at the next
Commission meeting, including the computers. Is that all
right?
Mr. Gary: Yes, sir.
Mayor Ferre: All right, Mr. Hardwick?
Mr. Hardwick: Yes, that is fine with me.
Mayor Ferre: Are we ready to vote? Call the roll.
The following motion was introduced by Commission-
er Plummer, who moved its adoption:
MOTION NO. 84-530
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $3,750 PURSUANT TO A REQUEST
MADE BY REPRESENTATIVES OF THE JAMES E.
SCOTT COMMUNITY ASSOCIATION W .E.S.C.A.)
REGARDING FUNDS FOR A NEIGHBORHOOD ANTI -
CRIME PROGRAM AND REQUESTING THE CITY
MANAGER TO REVIEW THEIR REQUEST FOR
ADDITIONAL FUNDING AND TO SUBMIT HIS
RECOMMENDATIONS TO THE CITY COMMISSION
AT A FUTURE MEETING.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
132
sl 5/9Q/84
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Mr. Dawkins: Mr. Mayor, Y move Fj please.
Mayor Ferre: "F" is the annual review. Commissioner perex
asked that he wanted to be present. He said he conldntt
stay and he would ask that this be extended to the .next
Commission meeting.
Mr. Dawkins: The next regular Commission meeting.
Mayor Ferre: I don't mind it going to the next Commission
meeting.
Mr. Dawkins: Let's go to the next regular Commission meet-
ing. Why tie it with the Zoning?
Mr. Carollo: I have no problems with that, Commissioner.
The only thing I request, it would be the very first item on
the agenda at the next regular Commission meeting.
Mayor Ferre: Motion seconded. Further discussion? Call
the roll.
Mr. Plummer: What's wrong with the next meeting?
Mayor Ferre: He wants it at the next regular Commission
meeting. The difference is two weeks.
Mr. Carollo: The first item on the agenda.
Mayor Ferre: Call the roll.
The following motion was introduced by Commission-
er Dawkins, who moved its adoption:
MOTION NO. 84-531
A MOTION DEFERRING CONSIDERATION OF THE
ANNUAL REVIEW OF THE CITY MANAGER TO THE
NEXT REGULAR MEETING PRESENTLY SCHEDULED
FOR JUNE 149 1984; FURTHER INSTRUCTING
THE ADMINISTRATION TO PLACE THIS MATTER
AS THE FIRST MATTER ON THE AGENDA FOR
THAT DAY.
Upon being seconded by Commissioner Carollo, the motion
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: Commissioner J.L. Plummer, Jr.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
133
sl 5/ 10/84
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Mayor Ferre: Item 10, this is the changing of zoning
classification, 13th Street, North Metrorail right-ol-way.
This is on second reading. Are there any objectors to this?
Are the objectors all here? I am going to, since we have
had a lot of public discussion for hours and hours on this,
I am going to ask that your statements be limited to new
statements. If you don't have something new to say, please
don't give us the litany of the things on both. sides that
you said back and forth. The Chair will now recognize the
Administration for a brief statement.
Mr. Jack Luft: I'm sorry, this is SPI-7?
Mayor Ferre: Yes, sir, it is.
Mr. Luft: Mr. Mayor at the last meeting you instructed me
specifically to address the issue of a housing contribu-
tion on the part of office development. You instructed me
to look precisely in detail at the experience in other
cities as a basis for understanding what the appropriate
approach was in Miami.
Mayor Ferre: Have you made this information available to
Mr. Traurig and his clients and the other people that are
involved.
Mr. Luft: Mr. Traurig and I were discussing this generally
earlier this afternoon. This information was prepared to
summarize....
Mayor Ferre: Mr. Alan Morris and all the other people that
have been....
Mr. Luft: This information was summarized on Tuesday. It's
been five working days since we last met. We looked in San
Francisco, Boston, New York, Seattle and Los Angeles, where
this very type of program is either in effect or in the form
of an ordinance being presented to those cities from study
review committees appointed by their respective mayors. The
lesson here is this. In San Francisco and in Boston and in
New York the program is city-wide, all offices city-wide
participate in this, not just one area downtown. In Los
Angeles and Seatle the entire downtown, but only the down-
town participates. The expenditure area likewise in these
cities here is city-wide. Housing is built throughout the
city. In these two only the downtown benefits from the
housing fund. In San Francisco they charge effectively
$5.30 per square foot for office over 50,000 square feet.
In Boston they charge $5.00 a square foot, but it is prorat-
ed over twelve years. The net effect, the dollar impact on
the developers is $2.50 a square foot in Boston. In New
York Mayor Koch's committee is recommending $6.00 a square
foot over a base of 100,000. In Seatle they are recommend-
ing $5.00 per square foot from a base of zero. All office
development contributes $5.00 a square foot to the same type
of fund. Finally in Los Angeles, they charge $15.00 a
square foot, but only over a base F.A.R. of $6.00. Now the
net impact, which is what we are getting down to the funda-
mentals here, the net impact of these fees is felt on the
square foot rental rates of those office buildings that are
134
sl 5/ 10/84
r r ;rr ;U&
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a�3
Paying it. We are all looking at about the same range
here of 'around . 760 to $1.00 A square foot as a ne,t' :.illoabt
that ie'ebsorbed in the rental rates. In Boston it is affi
low as 300 and in San Francisco it is a high as $1.1.0i but
it is all in that general range. Most all of the oitiAg
require All of the money to be spent for affordable houoing.
Most all of the cities use the zoning ordinance as the tool
to implement this. Only Boston is going through a state
enabling legislation. Each of the cities has calculated the
demand basis for housing generated by their offices. It
falls anywhere between 10000 and 2,300 square feet. These
are the annual housing unit yields that are predicted in
those cities based on the money they are generating, from
300 in San Francisco and 200 in Seatle to over 1,000 in New
York, but that is a big city. The question is, having
looked at all of this, what then does this mean in the
recommendation of the City of Miami. Currently, as the
ordinance was written, brought to you at the last meeting,
the SPI-7 was the only area that this applied to, no place
else in downtown or in the City. The rate was $4.00 a
square foot, which you expressed a dissatisfaction with.
The base was a 2.25 F.A.R. The impact on office rents was
about 300 a square foot. All of it was to be used in the
downtown area. It was done through zoning and it was based
on 2,340 a square foot, which is about what Seatle and
Boston are looking at. The net annual yield of housing
units was about ten. Your point was that this is meaning-
less. This is a drop in thee bucket. We have to do better
than this. We are looking at a proposal here now, keeping
in mind what these other cities have done, looking at a
proposal that talks in the range of what Seattle, what San
Francisco, although less than San Francisco and less than
Seattle, but $5.00 a square foot, with a base of 50, 000
square feet. All office development over that in this area
would contribute $5.00 a square foot. The net impact on
office rents is about 700 per square foot on leasable rates
would be applied entirely on the downtown area and it would
yield about 25 units. Again, a minor point, the thing I
have to go back to is that all of these cities have used
this program city-wide. What we are really saying here
tonight is if you wish to adopt this proposal as a beginning
point in the SPI-7 to address this critical issue of housing
need, we are taking the first step that would lead us to a
future consideration to either a city-wide or 80$ of the
impact would be in the downtown area if we chose to stick
there. We are saying that $5.00 a square foot could be
indexed as we've done in San Francisco so that in time it
would increase with the cost of housing. The basic impact
would remain at 700 a square foot. But spread across the
City, we are now talking about an annual production in the
range of 190 to 200 units a year. This contrasts with about
200 to 250 a year that we are currently producing as an
average over the last decade. In effect, we are coming
close, if we take this program where it should be, to dou-
bling it. Now, the final point I have to make is that all
of these cities in this study commission have pointed out
that the office contributions to a trust fund is an impor-
tant part, -obviously it is or they wouldn't even be pursu-
ing it- but it is only one part of a housing trust fund
approach. They are combining this as a major impact, as a
contribution with inclusionary housing requirements, such as
we have in Claughton Island with the C.D.B.G. funds, with
HODAGS, UDAGS, general housing bond issues, the whole range
Of financing options. Combined, that 195 units can grow to
300 and 400 units a year. Our recommendation to you is
based upon experience in other cities, current efforts, and
a great deal of study that's been conducted nationally by
respected research institutes. We feel it is justifiable.
I would welcome any questions.
135
al 5/10/64
.it.
n +A
M yor Very �t. All right, anything :else that, you°,A#AY
- .. . , ..,.
1r.. abert H. Traurig: I would like to ask Mr. Luft ghat '.
etfeot that program would have on the recommended F'.A.g.16.
Mr. Lurt: With the adoption of this measure] the changes
we propose here, the base F.A.R. would go to a-5. It 18
2.95 today. That base would go to a 5.0, with : bonuses.,, for
retail, theatres, child-care centers, thereby getting you to
about a 6.5 maximum in the office range.
Mayor Ferre: From the property owners.
Mr. Michael Armbruster: My name is Michael Armbruster. I'm
located at 1060 Briekell Avenue. I'm a property owner in
that neighborhood. I am confused at the last statement
that was just brought up and perhaps you could reiterate that the base
F.A.R. would increase if this were adopted. Is that correct?
Mayor Ferre: Correct.
Mr. Armbruster: My only concern....
Mr. Plummer: Excuse me, did you say base or width bonuses?
Mr. Armbruster: Base F.A.R., Commissioner Plummer.
Mr. Plummer: Excuse me, let me understand. That 5 is width
bonuses of retail....
Mr. Luft: No, that's before the bonuses.
Mr. Plummer: What would it go to, possibly, with bonuses?
Mr. Luft: 6.5.
Mr. Plummer: O.K.
Mr. Armbruster: Unfortunately, this was kind of a surprise
to me. I did not know the base F.A.R. would be increased
this evening. I'm still under the impression of 2.25. My
only concern with this, and perhaps you can help me out on
that, is that unfortunately it would all fall in the SPI
district. Could this somehow be expanded immediately to
City-wide in the future?
Mr. Luft: Not tonight.
Mr. Armbruster: I'm concerned because I think it is possi-
ble that you, Commissioners, could be facing a judge one day
and say, "Well, how come there is no legal protection here?"
If you are going to have this type of funds,then sure, let's
put it on the back of all office building developments
throughout the entire city.
Mayor Ferre: Let me say that we have legal precedents, in
some cases in some cities....
Mr. Armbruster: You have partial, that's true.
Mayor Ferre: In some cities, it's done downtown, some
places it is done city-wide....
Mr. Armbruster: They are downtown,but the SPI is one piece
of downtown. The ... (inaudible).....downtown only.
136
$i - 5/10/84
Rt1r ArlmbrustiP o We hAwe ' to t6liWthis '
It i t1L t�i�e. �h� .�.�int, iss thiv'ohi !at`
. 'thule;' .ref Vogt tfiakell Avehue groa,...thiot� i thit1114 `�
Wh oai " t dl vit`h the rebt of dolifttoafi toAliht`61" : V611°4 [:
only .deal....,.
Mr. Armbruster: My guggedtion is that pet�haps this ;aught` `t�
be on the'side until you have an opportunity to oheok with
an attorney to find out if in fact you can just put the SPI
district one fraction downtown to shoulder the burden 'at
this entire plan.
Mayor Ferre: Mr. Manager, I assume this has your approval?
Mr. Gary: Yes, air. If he's talking about discrimination,
they have special benefits in SPI, so why not put that
throughout the city and then apply to everybody.
Mayor Ferre: You get some goodies on one side, you can't
say but we want the goodies....
Mr. Armbruster: I'm not objecting to this. My objection is
not to the $4 a foot. My objection is that it's only within
the SPI district. I don't believe that is an equal applica-
tion or an equal protection.
Mayor Ferre: Neither are the goodies, in other words, the
new regulation that is being put, and I'm going to tell you
what the Mayor of San Antonio, Texas was telling me, and
who else, there was another mayor, the three of us were
talking about this very issue. They called the goodies and
the baddies. This is the way they put it. You get a
goodie, you get a baddie.
Mr. Armbruster: I'm willing to accept the baddies.
Mayor Ferre: What you want is the goodies, but you don't
want the baddies.
Mr. Armbruster: No, that's not true. I'm willing to accept
the baddies, but I think that if I'm going to swallow the
bullet, I think all of my other friends and neighbors up and
down the street should do likewise simultaneously. That is
the only thing I'm asking.
Mayor Ferre: But then they get the goodies too, see.
Mr. Armbruster: And they also get the baddies.
Mayor Ferre: Let me tell you how they are applying this,
for example, in San Antonio and in San Francisco, Howard.
Jack, I want you to listen to this. What they do is this.
For example, half -way houses, remember half -way houses where
you have all the problems? Nobody wants a half -way house.
All the residential neighborhoods are against it. The way
it works in some of these cities is that if you want money,
for example, for park improvements, you want tennis courts,
more parks and all this. Well, when you get a goodie like
that, you have to take a baddie. They have a whole list of
the baddies. Then you go and the neighborhood meets, and
they say O.K., we want this, this is the good, but we have
to take a little bit of the bad with it. So they balance it
off. The same thing is done with this same thing with
taxes.
Mr. Armbruster: Mr. Mayor, with all due respect to you, I'm
willing to accept myy share of the baddies. I'm not arguing
that point. The $4 a square foot for the housing fund in
this community, I think, is an important feature and that is
necessary. My only gripe, if I may, is that I don't believe
al 137
5/10/84
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it to . a being applied fairly.' and 'equally, Aortas- the = at!d:� .
A`A. I thinks it , "Ould 'be.. 'Frankly I aould. kapa, that
hod .can .. ;defer.. this it'b " until the 'nest _+ �sgaiasio�t e I hj't.
find in - the `, zteafttima erhaps the . Attorneys - bka' 'ahta�' p ids '
the legility df what I Mould consider to be dieari,&tioat,
Mayor Ftrrei ' Wellq let's see -it the City Attorney is
prepared tonight to give us a legal ruling. -.Then wte'll.deal
with that, Mr. City Attorney.
Mr. Garcia -Pedrosa: Mr. Mayor, I've indicated my approval
of the ordinance, as drafted. There is no reason why you
couldn't do....
Mayor Ferre: That is not a substantial change.
Mr. Garcia -Pedrosa: Maybe I misunderstood your point. I
thought you were asking me whether you could do the limited
expansion or the limited change of the ordinance, as draft-
ed, without going city-wide.
Mayor Ferre: The ordinance that is before us, which is
item number 10, this is an amendment. I'm asking you
whether we can legally vote on this tonight.
Mr. Garcia -Pedrosa: The amendment to do what again? To
make it city-wide? ,
Mayor Ferre: No, no.
Mr. Luft: Just to go from $4 to $5 a square foot, with a
50,000 square foot base.
Mayor Ferre: The SPI-7, the way it has been drafted by the
Administration and reviewed by your department, the question
is can we legally vote on this tonight?
Mr. Armbruster: This occurred before.
Mayor Ferre: Please, sir, you are not the City Attorney.
Mr. Garcia -Pedrosa: Again, to change from four to five? Is
that it?
Mr. Luft: The base would be 50,000 instead of the 2.25 for
the measurement of the bonus for the housing contribution.
Mr. Garcia -Pedrosa: I wouldn't have any problem with that,
Mr. Mayor, but that is really not what the ordinance itself
does. All the ordinance itself does is to change the atlas
to change from SPI-7.2 to SPI-7.
Mr. Luft: That is the mapping portion of it, and perhaps
Mr. McManus can assist me. There was a discussion with the
Clerk's office and the Agenda Clerk about getting the verbi-
age into the written agenda that was sent to the Agenda
Clerk that would have this ordinance amendment in the verbi-
age. It didn't appear on the writing there.
Mr. Garcia -Pedrosa: That's not on item 10.
Mayor Ferre: Mr. McManus, are you ready to comment?
Mr. Dawkins: What item are we on?
Mayor Ferre: Item number 10, sir.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
138
81 5/10/64
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__.r °q
Mr. Garpia-Pedrosa: Mr. Mayor, I think what JAak ie. talk fi
abbut`� Iborihtt lid:- it � I � i -wrong 0 ' dos- th6 r63 46
that thb-� Mjhbgbr� has given you with an additibbal ittil , �hht
ba , mot Uts ' "lot" and it' is not the refitted ited $1' ' , fti
thht additional hifidA►out, which oofitaifis ' the; 44 prbVisitt
that you arb thl.king about, I think, Jack*'
Mayor Ferre: It is now 8117, in the interest of time,`I
would like the Admiftistratinn to kill this or defer it. '
Mr. Garcia-pedrosi: You can vote on item 10. You=ohh vote
on item 316 The matter that he is referring to is a sepk"
rate item that was not on the agenda, but was advertised
for today. It is properly before you. If you want to
change $4 to $5 in that additional item, I think you can
do so.
Mayor Ferre: Is that the recommendation?
Mr. McManus: Yes, sir.
Mayor Ferre: Mr. Manager, is there anything else you want
to add to it? Anything else anyone wants to speak on this?
Mr. Luft: That also includes the base F.A.R. to five with
the 509000 square feet here.
Mayor Ferre: We are going from a 2.5 to a 5?
Mr. Luft: That's right, and the housing contribution is
going from 4 to 5, with a base here of 50,000 square feet.
Mayor Ferre: You tell me that is not a substantial change?
Mr. Luft: This is the directive that you gave me at the
last meeting, to come back on May 10th and analyze the $4.
Mayor Ferre: Jack, what I think this Commission said to
you and voted on, we said you go look at San Francisco and
other cities to come back with recommendations as to how we
can deal with the issue so that these developers, as they
develop more office properties would also be contributing to
developing and the impacting on the need for housing in the
inner city. What you came back with is you are going from a
base of 2.25 to 5.0?
Mr. Luft: Let me explain something to you. The way the
ordinance is written today, the April 26th, you had a base
of 2.25. You could get to 5 by doing one thing, only one
thing, paying the $4 a square foot.
Mayor Ferre: I got you.
Mr. Luft: Now we are saying you have to pay $5 a square
foot on over 50j000 square feet, instead of over this, and
we'll give you the 5 outright.
Mayor Ferre: I got you. And if you don't pay, you are back
to the 2.25.
Mr. Luft: You have to pay, anything over 50,000 square
feet, you are in there for $5 a square foot. That is exact-
ly the way they are doing it.
Mr. Robert H. Traurig: May I ... there are three items.
There is item 10, which is merely the change from 7.2 to
7.0, and that is merely a mapping. Item 31, which is a
change from 7.1 to 7.0, and that is merely a mapping. I
don't think there is any argument with regard to those.
This item, which doesn't even appear on the agenda as a
139
31 5/ 10/84
WNI
ftUlibei %ed AtVat t l # d like to sake my explanation bf my; aflgly*
sid t ,: Vh6h J'Adk says that we o ll .go from 2.25
ifib-Obhsing the F.A.A4 at ally Because we could buys as he
said, the additional square footage at *4 a square foots the
way the ordinance is at the present time. But more than
that, since we are not getting an increase in F.A.A., he is
starting the $5 a square foot from 50,000 square fest6 My�
quick calculation is that at a 2.25, that's around a 21y000_
square foot lot. 5o it's like leas than 150 foot square lot
on which we would get, let's say, the 50,000 square feet at
2.25. Anything more than that, if the lot were larger and
we would normallybe entitled to more at the 2.25, we have
to start paying the $5 a square foot, so the large property
owners, who have assembled large tracks, will be paying an
extra amount for the footage that they are getting in the
building because they start out with a larger parcel to
which they apply the base F.A.R. So consequently it really
isn't fair to those larger parcel owners.
Mayor Ferre: Counselor, Commissioner Plummer moves that
this item be deferred, so that we can further understand
the impact of...I'm sorry, eontinued...beeause this is
obviously a very important step for this Commission to take
and I think we should not do it at the end of a long, com-
plicated day. This is a major step forward. I think we
need to really think this thing through.
Mr. Traurig: I think we are all in concurrence. Could you
take out 10 and 31, which are the mere mapping items?
Mayor Ferre: Mr. Manager.
Mr. Luft: No, you see, they want to change the areas north
and south to what the SPI-7 has today.
Mayor Ferre: They have to be all together.
Mr. Luft: We are saying we have to know what SPI-7 is
before we do that change.
Mr. Plummer: Let me understand with you. I still think, if
you want to come right down to it, that $5 is too cheap.
Mayor Ferre: Plummer, they are about to have a heart at-
tack. Don't do that to them.
Mr. Plummer: I'm in the business to accommodate.
Mayor Ferre: Commissioner Plummer makes a motion that item
10 be continued.
Mr. Dawkins: Second.
Mayor Ferre: Commissioner Dawkins seconds. Is there
further discussion? we will study this. I think it is a
very important move. I want to say on the record that I am
for this, and I commend you for your diligence and work.
Mr. Plummer: At this cheap rate?
Mayor Ferre: I need to think about it a little bit more.
Mr. Luft: This will put us equal to New York City.
Mayor Ferre: New York is $6.
Mr. Luft: Yes, but New York is a very different place. The
cost of development, the cost of land is much higher. It is
much easier to absorb it.
140
sl 5/ 10/84
iT i:H
rjAUW#ra,. Let26 s8k»y,0U.h-:,QUG$t.L6n Pea&1&s&Q :;.
10s*yj ,pp���ryy� ,1dL68i L 1�o,1uld this" : really ap ly : tk -. ith_ "'
Mrs-,Lurtt :500000.
• Mayor!.,:. Ferre: Jack, the point is, as you can see From
Plummerle questions, that this is too much for ua to abaorrb
;just like -that. So you have to give him and me time to,,rdad
this thing.
Mr. Plummer: Mr. Mayor, I'm taking in comment the other
gentleman's remarks that you are applying it to some but not
to others. Why not all office space, regardless of the
square footage it applies? I understand we are talking
about new development. You can't do that. It can't be
retroactive.
Mayor Ferre: Are we ready to vote now?
Mr. Luft: I'll answer that question too, when we have more
time, air.
Mayor Ferre: Call the roll on the continuance of item 10.
THEREUPON, THE CITY COMMISSION, ON
MOTION DULY MADE BY COMMISSIONER PLOMMER
AND SECONDED BY COMMISSIONER DAWKINS,
AGREED TO DEFER THE HEREINABOVE ISSUE 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
Mr. Larry Friends: I'm Larry Friends with the (inaudible)
Company. I agree with Mr. Traurig. This new proposal that
Jack has summarized and I have seen for the first time this
evening, almost quadruples the cost the buyer. If an owner
has a 50,000 square foot site, under Jack's new $5 arrange-
ment, he starts paying at a 1.0 F.A.R. and starts not at 4,
but at 5. So I think it is a little bit too much too fast
and I concur with...I recommend that you defer it all.
Mr. Plummer: Larry, my good friend, there are those who are
saying that the bonuses and the increased F.A.R. that we
are allowing you is too fast, too quick and too much.
------------------------------------------------------------
37. BRIEF DISCUSSION AND CONTINUE TO NEXT MEETING PROPOSED
ORDINANCE AMENDING 9500 BY CHANGING ZONING CLASSIFICA-
TION BRICKELL AVE./MIAMI RIVER RAPID TRANSIT COMMER-
CIAL/RESIDENTIAL DISTRICT SPI-7.1.
------------------------------------------------------------
Mr. Traurig: May I assume that item 31 is also deferred?
Mayor Ferre: Yes, sir, there is a motion by J.L. Plummer
that item 31 be deferred, seconded by Miller Dawkins.
Further discussion?
141
51 5/10/64
{��=�:.' ;s-``°,'r�ss: -.,�:t 4.,,..s ;r:- :=i,- 'r3i,'v. i:.a:fix m:rti •,*.v[:�ar;yw,,�,r•.y uw .,i"'
F s.i '.rryy K n a
w ' ti�i�t ii',�t t ih
-
if-tl'br u � :bkdA*. 0. r
OW'it itit .rig , bpi:: wantto ' Gofitiftue it to 44��
obrItsih so us most the a0artieetnent
Wok Pef4gt . Tht 11eit ionieg Meeting,
dary i T he G9 th i
Mr. Garcia -Pedrosa: You also want to do that, Mr. Mayor,
with the advertised item that is not on the agenda, all
three of them.
Mr. Gary: Continue all three items, 10, 31, and the one
that was not on the agenda.
THEREUPON, THE CITY COMMISSION, ON
MOTION DULY MADE BY COMMISSIONER PLUMMER
AND SECONDED BY COMMISSIONER DAWKINS,
AGREED TO DEFER THE HEREINABOVE ISSUE 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
--------------- --------- -------------------- ----------------
38. BRIEF DISCUSSION iND DEFERRAL OF CONSIDERATION OF
REQUEST BY PANAMERICAN CHAMBER OF COMMERCE CONCERNING
THE FIRST PANAMERICAN CONFERENCE OF THE AMERICAS INN A
MINORITY BUSINESS OFFICE CENTER.
------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, on item 13, I have a letter from
Senator John Hill that they are going to make $60,000 avail-
able to this Pan American Conference of America. I just
wanted to make that known, and it will come through the
City of Miami to be custodians, and also this group has
agreed with Sam Mason that this will be the first time that
we will have a Pan American Conference of America where we
are going to have a Black and a Latin group combined togeth-
er to do it, so this will be one of the things, but if we
don't have the vote, we'd better let that alone until we
get another letter from John and then come back.
Mr. Euripides Riera: My name is Euripides Riera, 2381 W.
Flagler. Commissioner, what we'd like to know is the City
of Miami going to back us, support us in this enterprise,
and....
Mr. Dawkins: Let us wait and bring it up at the next meet-
ing and we'll see that it gets one of the top issues.
Mr. Riera: We have to start working on this on November.
Mr. Dawkins: I just want to make it known that we have
$60,000 and at the next meeting we will hear it as one of
the first items.
Mr. Riera: When will it be the next meeting, more or less?
142
al 5l1Q1�#I
. � � - - - ".M'i`;ri4 i J 'H.'� ^yf!$.':'rNi�64^.:."�"s,a.aYy� 1 . 7 � •�1 �'
lr..,aaaum+�a• a'heiegt e�eet�n Is :aaoningny.=
06 whatever ; the,tirst- Ikeeting Ah ,Juneb
i! n lRi
MrV._ Bier#: - Do .we. have a► here to suppor. t�,f Us
support" the ,conTerenoe-- of the Ameribae'i -T
Mr. Dawkinst At the next meeting we will take it up and YOU
will get your vote.
Mr. Riera: Thank you, sir.
rrrirrrrrVwrrrrrrr—err—rrrrrrrrrwrrrirrrrrr�rrr�u.rrrrrrrr..r.r
39. AUTHORIZE CITY MANAGER TO ALLOCATE *15,000 PURSUANT -TO
REQUEST BY Mr. BASKIN, REPRESENTING P.A.G.E., FURTHER
INSTRUCTING MANAGER TO dORK OUT BUDGETARY DETAILS AND
ACCOUNTING PROCEDURES.
rrrrrrr�r�.r�r�wrrrw�—wrr—rr—rrrr------rrw�—rr�rrrrr riwrrrrrr
Mayor Ferre: Mr. Baskin, if you would step forward now on
this request by P.A.G.E. Do you want to move that?
Mr. Dawkins: Yes, by all means.
Mayor Ferre:
Mr. Dawkins:
items.
Mayor Ferre:
Make it very brief and to the point.
This is a special request, one of my pocket
Item number 3429 go ahead.
Mr. Dawkins: Let me make this short and sweet. Mr. Baskin
has been working with you for a year and a half. He's been
coming to this Commission begging for money. Now all the
time we have turned him down. Now it is summer time again.
There is work money. There is all jobs money. How much are
you asking for, Mr. Baskin?
Mr. Baskin: $15,000.
Mr. Dawkins: $15,0007
Mr. Plummer: Wait a minute. Where is the program?
Mr. Dawkins: You better explain that one.
Mr. Baskin: Correction on the time. P.A.G.E. has been
around since 1979. A lot of people think we are just anoth-
er school for song and dance; but P.A.G.E. was originally
designed to....
Mr. Plummer: Excuse me, are you saying P-A-C-E-?
Mr. Baskin: P-A-G-E-. P.A.G.E. was originally designed to
take inter -city youth off the. streets and give them an
alternative to crime and delinquency by teaching them class-
es in the arts, such as musio, dance, drama, other art
related programs. We have had over 19000 youths go through
these programs since 1979.
Mr. Dawkins: Mr. Baskin, I'm going to make the motion that
we provide you with the, funds and you sit down with the
Manager and work out how it can be done..
Mayor Ferre: Is there a second to the motion?
Mr. Plummer: Second the motion.
143
sl 5/10/84
7 �L
M1 kVk .ne :;. gold. i, ; Mr ..Nary, :
yon.a. `-and 4eterybWY 4,. liset: 1.1 ve sat here today, and' 840 .1
agAinht- a renosmendation of staff j and this is just
tLIA6,1-that ae ere, going .against reoommendations :oy:.;ab "� : d
gilia these. people: the money.
Mr. Gary: Seer if you would let me finish. The staff i
recommending this program.
Mr. Dawkins: .I'll go along with staff this time.
Mayor Ferre: Mr. Baskin, beside complimenting you, I see.
that you have one, two, threes four young people that are
waiving flags over there. I want to tell you that when you
began, you had about a dozen. Now, you are down to four.
But I want to -they are all ladies- I want to especially
thank and oommend the four ladies that had the staying power
to stay here all day, almost until 9:00 o'clock, like we do,
and stick with it. That's why, I think, you are winning
tonight because you stuck with it. I want to thank you all.
Mr. Baskin: We've been doing it for five years.
Mayor Ferre: Let's vote on that. Call the roll.
The following motion was introduced by Commission-
er Dawkins, who moved its adoption:
MOTION NO. 84-532
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $15,000 PURSUANT TO A REQUEST
MADE BY Mr. BASKIN REPRESENTING
P.A.G.E.; FURTHER INSTRUCTING THE CITY
MANAGER TO ARRANGE A MEETING WITH Mr.
BASKIN TO WORK OUT BUDGETARY DETAILS AND
PROPER ACCOUNTING OF DISBURSEMENT PROCE-
DURES.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
------- ----- ---------------------------------------------
40. DISCUSSION ITEM; REPRESENTATIVES OF NAMISTAD PROMOTIONS
CO." REGARDING VISIT OF THE U.S.S. PORTLAND.
-------------- ------- ------------- --------------------------
Mayor Ferre: Item 17.
Mr. Richardson: Mr. Mayor, Commissioner, my name is
Arsenio Richardson. My business is 2895 Biscayne Boulevard,
Suite 40, that is Miami, 33137. I represent Amistad Promo-
tions Co. We, of course, have been dealing with cultural
events in this City about ten days now. We have an on -going
exhibition, one of which was mentioned in the paper today,
which is the United States Ship Portland, that Is docked in
Miami, the first time that a Navy ship has come to this City
144
e1 5/10/84
. �$y';a r
F_more thin a Asoade • , . Again.. I # a here ... to . beseeah th,`
y� 1Nr s ■� �n nt, ws 3�1 ` due afforth t ► � kh t ' }
,���►l�iti$f��, �Mitu�"ai C���ts • • i i f,'!- ., ? ' ,�c
i.afks YOU have been before �hib`to�'this., ,-is, the third 'tits. What is 'it you want
Mr, Richardson: 09,60.0.
Mayor Ferre: You are a for profit organization. I thinki
this Commission has explained to you before that you have td
deal with the Administration. You have to get their recom-
mendation. We need to deal with the issue. You just cannot
come here and ask for $29,000 on a....
Mr. Richardson: Like you say, air, this is the third time.
Mayor Ferre: That doesn't make it right. You can come here
ten times. The point is you have to talk to the. ..that is
the Manager. The Manager has people that work for him.
Mr. Richardson: What we are dealing with, just as yesterday
you mentioned, that you were bemoaning the organizational
sense of the City Commission and the City in general. We
are trying to, at our level, which is not very strong, try
to rectify some of those situations wherein we feel that
with the organization that we have and the kind of programs
that we have set forward in direct comparison with, say, the
Miss Universe Pageant, we feel that on any given day, this
month, if our recommendations had been followed, we could
have generated twice the amount of money that this Commis-
sion has allotted to the Miss Universe Pageant. The United
States Ship Portland is available right now for free inspec-
tion to the public. It is open to the public. We feel that
if in fact, the Commission would have given us our request
for some sort of help, when we first requested it, we feel
that the amount of people attending that thing would have
surpassed the amount of people that will be viewing Miss
Universe or the amount of money that Miss Universe Pageant
will bring to Miami, Florida.
Mayor Ferre: You just lost me.
Mr. Richardson: What I'm saying is this.
Mayor Ferre: You just lost me, 70,000,000 people are going
to be watching Miss Universe.
Mr. Richardson: That's not going to bring any money into
Miami that day. I'm saying that we, the project that we are
embarking on is bringing new money to Miami. Right tonight,
we have 600 sailors, 500 of which are on leave and spending
money in the City tonight, sir.
Mayor Ferre: Look, look....
Mr. Richardson: Just a second, I waited all day too.
Mayor Ferre: Yes, sir.
Mr. Richardson: So, what we are trying to do at Amistad is
to embark on some kind of new path wherein profit -making
organizations that have an impetus in the community, and
that is where we have put most of our forces, to try to
get some help from the City by way of funds and permission
to carry on. That is simply what we are doing.
Mayor Ferre: What is the will of this Commission? Thank
you very much for your presentation. Let me repeat to you
one more time so that we understand each other. 1 think you
145
sl 5/10/84
have".Ponderrod a- .-Very important and valuable servies. o
thisty 1 ei, k3ng for the 069A. Portland t6 aiii i�.. , t�i
Hiasiivt - The , answered your 6a11. They Dame ` ri+ r .. n i I `,
going. -to port Everglades, We were not propdrly prbolf6d_;
unfortunately, The Port of Miami, thank Ood had fii7b+r OM "
and it the last moment gave it to you. We diA not. have Ithh , p
infrastructure to dead with this issue. We are.going .W try
to correot that in the future. You are a for profit entityi
I think we need to deal with this, but not oft a crisis kind
of a basis. It needs to be dealt with administratively.
I'm just one voice out of five here.
Mr. Richardson: I'd like to know what happened to this
special funding request that was given.
Mayor Ferre: It's been turned down by the Administration.
Mr. Richardson: Why didn't we hear about that? If I would
have known that, I wouldn't be here today. I would be on
the job where I'm supposed to be. I would not have spent
nine hours here waiting, if I could have had some kind of
communication. I think that is the kind of....
Mayor Ferre: Mr. Manager.
Mr. Richardson: I think that is the kind of organization
that we are talking about. If I would have had some word, I
wouldn't have been here today.
Mayor Ferre: The point that I'm trying to make to you is
that you need to deal with the Manager and with the Admini-
stration. You cannot come, wait a half an hour, nine hours,
or nine hundred hours and work out your problems by sitting
in the audience. What I mean to tell you is that you need
to convince the Administration, like these young people from
P.A.G.E. did, who had the Manager's positive recommendation.
Mr. Richardson: The point, -and I'm not going to take up
more of your time- if I could have two minutes more, I'll
make my point. My point is simply this. We are a profit
company. For the last year and a half, as you mentioned
yesterday, we have dedicated our own time and our personal
money to try to upgrade our cultural awareness of our commu-
nity. We have done that by offering everyone of our exhib-
its free to the public. We, in fact, are inviting everyone
to partake in this thing. We have an exhibition in the
North Dade Library that will go to the World's Fair. No one
knows about this, simply because we are a for profit company
and we don't have very much funds. But the idea is that we
think that we are trying to bridge the gap between the
information that our school children are not receiving, as
far as their own heritage in this community and in the
United States in general. I think that if we could just
foster a little creative concern from the Commission and
understand what I believe is there is room for some kind of
compromise. I keep hearing that we are for profit. We
haven't made any profit. We haven't gleaned any profit for
this. We are trying very desperately to coordinate our
efforts with the archives and with the schools of Dade
County. It just seems to me that we have run into some
kind of resistance that we just can't fathom. We talked to
Mr. Gary's secretary. We've talked to....
Mayor Ferre: Look, you are going on and on and you are
repeating the same thing. Mr. Manager, would you assign
somebody in staff to sit down with these two gentlemen one
more time and explain to them just how they go about the
process of coming before this Commission.
146
al 5/10/84
;. .3 ,c r t s hr' y .,r a ^ � :# t ( '_;+•'r�1.
4f t B#.ght fi - , We have , not t0tatgd
ariy . ddiff-S nt `�than a6 have treated Anybody
gentleiz&A4 his ` been told or the format
has to rollout that forms he has to fill out, the to ht
just handed you is just a partial form. We told his he hat '
to fin out other information. His comment is-1 this : ie all
he's going to fill out, he's going to come directly to the
Commission. We have people for him to deal with.
Mr. Richardson: I never made that comment, air.
Mr. Gary: Well, put it this way, we have people you deal
with. You want to deal with those people, then we give you
a recommendation. If you don't, we don't.
Mr. Richardson: Could I know who those people are? I have
no objections for that, air.
Mr. Gary: It is all those four people. Some of them have
seen you already, right back there in the C.D. office.
Mayor Ferre: We need to move along because we have some
important issues. Thank you very much.
------1--------q------r-N-----------
41. DIRECT CITY MANAGER TO WITHHOLD ALL FONDS TO THE MARTIN
LUTHER ICING C.B.O. ORGANIZATION PENDING CITY COMMIS-
SION'S FINAL DETERMINATION IN CONNECTION WITH PRESENTLY
EXISTING PROBLEMS.
-.--Y -� -_--------------- - ----------------- -------------------
Mr. Dawkins: Mr. Sam Mason and George Adams. Mr. Mason,
Mr. Manager, I've been trying through you and everybody else
resolve the M.L.K. problem. Is there anyway today, they
have gotten their money from the State and the operation.
Can you tell me today if you plan to fund them, if you don't
plan to fund them, or what do you plan to do.
Mr. Gary: We plan to fund some form of M.L.K. The problem
is....
Mr. Dawkins: Hold it, sir. Are you going to fund Sam Mason
and George Adams, as they are there now?
Mr. Gary: No.
Mr. Dawkins: O.K., good. Mr. Mason, they are not going to
fund you. So, you have to go and do what you have to do,
sir.
Mr. Gary: If I may, Commissioner.
Unidentified Speaker: Whoa! I'm not that familiar with
what you are talking about.
Mr. Plummer: What you are saying is he said he is not going
to fund them. That doesn't mean the Commission was. I
don't know what you are talking about. That is his recom-
mendation.
Mr. Gary: Let me explain.
Mayor Ferre: J.L., we have 16 minutes.
Mr. Dawkins: But J.L. is right.
147
sl 5/10/84
Mrs �u�atr:u No, sir, I have 12 si'nut-4e.9. and V& 161
but ` Ah ��g � 6U Suit" beoiuee thist� e , . y b`il" h� +�s
.b r46e id: tad` dt 6aft1t IkOftovd or disapprove. He Ikik4A.'� 'J
recommendation to this Commission, and We page it or lie dotty
„-
Mayor rerr6: Coitsissioner, do you .have &.0thil"g. else?
Mir. Dawkins: No.
Mr. Gary., If l may, Mr. Mayor, you have approved the
funding. That's already decided, Commissioner Plummer. The
issue is that there are some legal problems with the config-
uration of their board and changing of their board. We have
been advised by the City Attorney that we cannot release any
more money until that issue is resolved because then the
City becomes liable.
Mr. Plummer: I make a motion at this time that all funds be
withheld until this Commission makes a determination. I so
move.
Mr. Dawkins: Second.
Mayor Ferre: Withheld on what?
Mr. Dawkins: All projects.
Mr. Plummer: All funds be withheld until a decision is made
and then this Commission will hear it.
Mr. Dawkins: Because the City Attorney said that they could
not fund them unless they got it square with the State.
The State has given them their money and we are still
jerking them around.
Mayor Ferre: Mr. Manager, do you agree with that?
Mr. Gary: Mr. Mayor, they are trying to make their problem
ours, and the problem is not ours. The problem is that
there was a board change at Martin Luther King C.B.O. Asso-
ciation. According to their by-laws, as opined by the City
Attorney's office, it was not done proper. Therefore, we
cannot give them the money.
Mayor Ferre: Mr. Manager, are you recommending this motion
that has been made?
Mr. Gary: Well, we are holding all the money off until they
resolve the issue; so there is no problem with the motion.
Mr. Plummer: No, that is not the motion. The motion was
that all money be withheld until a decision is made and then
this Commission will make a determination on the monies in
reference to M.L.K.
Unidentified Speaker: We are doing that now.
Mr. Plummer: No, no, because once that matter is resolved,
it might not meet this Commission's approval and you can
move without us. I'm saying that all monies be withheld at
such time a determination is made, you bring the determina-
tion back to this Commission and this Commission....
Mr. Gary: I have no problem with that. That is the same
thing that I'm saying.
Mayor Ferre: Call the roll.
148
al
5/10/64
-
�r
The fay loViug motion,was introdubad by Commiaaibba'
F
MOTION NO. 84-533
A MOTION DIRECTING THE CITY MANA09A TO `r
WITHHOLD ALL FUNDS TO ,.THE . MARTIN LUTHER q
KING C. S.O. ORGANIZAT10H UNTIL SUCH .TIME
AS .THE CITY COMMISSION MAKES A FINAL
DETERMINATION IN CONNECTION WITH P213=
ENTLY EXISTING PROBLEMS.
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
------------------------------------------------------------
42. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT ZYSCOVICH A
GRAFTON, ARCHITECTS, FOR PLAlNING/DESIGN & CONSTRUCTION,
ETC. FOR CURTIS PARK ELDERLY !TEALS FACILITY.
------------------------------------------------------------
Mayor Ferre: We have item 78 and Urra has to get that
passed. Plummer? You have Willy Gort and Urra waiting on
78 all day.
Mr. Plummer: There is but one man I've made a commitment
to. Darrey Davis, what is your item? I told him I would
help him if there was anyway possible.
Mayor Ferre: I will move item 78. Plummer, you move it.
Plummer moves 78. It's the project to Allapattah that we
have been....
Mr. Plummer: 1 move 78.
Mr. Garcia -Pedrosa: As shown in my revised memo, Mr. Mayor,
let the record reflect that.
Mayor Ferre: It is Urra and the Allapattah Community, and
their project to build a facility or whatever it is.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved and seconded.
Mr. Dawkins: If it is Urra, I move it.
Mayor Ferre: Call the roll on item 78.
149
sl 5/ 10/84
The T611OVing resolution WAS introdUae'd
PIUMert. WhO 116VOd. itb adoptiont
RESOLUTION 00. 84w584
t
'xira.
by
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AOREEMENTo IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY,
WHICH HAS BEEN NEGOTIATED WITH ZYSCOVICH
AND GRAFTON, ARCHITECTS, FOR ALL PLAN-
KING, DESIGN, AND CONSTRUCTION OBSERVA-
TION AND CONSULTATION FOR THE "CURTIS
PARK ELDERLY MEALS FACILITY"; ALLOCATING
FUNDS THEREFOR IN THE AMOUNT OF $50o000
FROM FEDERAL JOBS BILL AND COMMUNITY
DEVELOPMENT BLOCK GRANT CONTINGENCY
FUNDS ALREADY ALLOCATED TO THE PROJECT
BY RESOLUTION 83-468 DATED JUNE 9TH,
1963, AND RESOLUTION 84-396 DATED APRIL
5, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
------------------------------------------------------------
43. FORMALIZING RESOLUTION: AUTHORIZE CITY MANAGER TO EXE-
CUTE AGREEMENT DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC.
TO INSTITUTE A YEAR-ROUND ADVERTISING CAMPAIGN.
---------------------------------------------- -----------
Mayor Ferre: Item 45.
Mr. Dawkins: After 45, let's do the items that the Manager
needs, because we are going to be leaving and the Manager
says he needs them.
Mayor Ferre: Plummer moves 45.
Mr. Plummer: No, I haven't even seen it.
Mayor Ferre: Downtown Miami Business Association at
$50,000. It formalizes what you previously moved, Mr.
Plummer. Moved by Plummer. Seconded by Dawkins. Further
discussion? Call the roll.
$1
150
5/ 10/84
c. a v .
31
Y�v1�
tr '
:the foll6wing roAnlution, wan intr odunnd by Coia4aftiqner
T
. ,
Plummer-# vho. moved its €cdnpti6ni
RESOLUTION N04 84-535
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $509000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO THE DOWN-
TOWN MIAMI BUSINESS ASSOCIATION, INC.
FOR THE PURPOSE OF INSTITUTING A YEAR-
ROUND ADVERTISING CAMPAIGN DESIGNED TO
DEVELOP BUSINESS FOR THE DOWNTOWN MER-
CHANTS AND TO PROMOTE THE DOWNTOWN
BUSINESS DISTRICT TO THE LOCAL SOUTH
FLORIDA COMMUNITY; SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE
WITH CITY OF MIAMI ADMINISTRATIVE POLICY
NO. APM-1-84, DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
---------------------- ----------------------------------- ---
44. ACCEPT BID: M.A. HARRISON CRANE SERVICE, INC. FOR
HTDROLIC CRANES ON A RENTAL BASIS.
-------- ------ --------- -------------------------------------
Mr. Plummer: I move 94.
Mr. Dawkins: Second it.
Mayor Ferre: 94 has been moved and seconded. Further
discussion on item 94. Catch up now. Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-536
A RESOLUTION ACCEPTING THE BID OF M.R.
HARRISON CRANE SERVICES, INC. FOR
FURNISHING FOUR (4) HYDRAULIC CRANES ON
A RENTAL BASIS FOR THREE (3) DAYS AT
THE MARINE STADIUM TO THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE AT A
TOTAL PROPOSED COST OF $99781.00;
ALLOCATING FUNDS THEREFOR FROM THE
1983-84 OPERATING BUDGET OF THE OFFICE
OF STADIUMS; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING
AGENT TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
151
Al 5i10i84
�� ,- .. w - , .- - -- :. . . :..... , - , . - :•.o'�yY jam.
iut3,on use,0eaeed:and adopted by the following vote t
AIM Coiii6"Ai6n6r► Miller J. b 4ki[i'i .
C6"ieai6fier ' J 6 L. Plummer ~ Jr.
Mayor Maurine A. Verve
NOES: None.
ABSENT: Viaa-Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
45. ALLOCATE $75 9 000 OF COMMUNITYC JOBS PROGRAM FUNDS TO.
DOVNVOWN MIAMI BUSINESS ASSOCIATION FOR FLAGLER STREET
PLANTER AREA/TILE PROJECT.
��—� --�------� ��—�—�—�------------------ —-------�--�—�—���
Mayor Ferre: Take up item 50. Plummer moves 50.
Mr. Dawkins: Hold it. What is 50?
Mayor Ferre: Dawkins seconds 50.
Mr. Plummer: Hey, I have a big star by this one. If you
give you this $759000, are we pouring more money in the
boot? This is the planters and the street project.
Mr. Willie Gort: Do away with the planters.
Mr. Plummer: Yes, but we waited a half a million dollars on
the D.D.A. We have an atrocious sidewalk and people step-
ping all over themselves. What is this going to do to us?
Mr. Willie Gort: You cannot maintain it. It collects all
the dirt. It is very hard to pressure clean the sidewalk
because of that dirt in there. We want to even out the
sidewalk in those areas.
Mayor Ferre: Are we ready to vote? Is this recommended by
you? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-537
A RESOLUTION -ALLOCATING AN AMOUNT NOT
TO EXCEED $75,000 OF COMMUNITY DEVELOP-
MENT JOBS PROGRAMS FUNDS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 9631,
ADOPTED JUNE 9, 1983, TO THE DOWNTOWN
MIAMI BUSINESS ASSOCIATION FOR THE
FLAGLER STREET PLANTER AREA TILE PRO-
JECT; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO NEGOTIATIONS WITH
SAID AGENCY AND TO BRING THE NEGOTIATED
AGREEMENT BACK TO THE CITY COMMISSION
PRIOR TO EXECUTION THEREOF.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
i_52
31 5/10/84
- . — Upon being nec ended by fte3 ni nee Dawkins 0 the
ution and passed and Adopted by the f 011.0vibg
AYES., Commissioner Miller-J. Dawkins
Commissioner J. f.r Plummero Jr.
mayor Msuriae A. peree
NOES,. None.
ABSENT: Vioe-Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
----r----.rrr-----r----r-r-----i---------irrrr--r----r---rr-r
46. SECOND READING ORDINANCE: AMEND SECTIONS 4 AND 6 OF
ORDINANCE 9684 ANNUAL APPROPRIATIONS ORDINANCE, INCREASE
APPROPRIATION FOR INTERNAL SERVICE FUND-CMNTRAL STORE,
$25,000 INVENTORY FOR B-20 SUPPLIES.
i-------------i-i--------- -------------r---------- ---
153
51 5/io/84
- - .",a?Cr�7r y.• - - :�.�: - ,,^.r� _ — _ -.�..-,il'�� i�xi•'� sty-.,, �i .a: � - 6
N11
.''n ;S$'�"'>�' ;�f����y+,ri '.'"``.t;`y'2' t,;;�.rJ+k,. l•x$ S$
�•'��r' r.--`' - .. � � �. e? 'r�:,�y? }� �. ��'� q 9J itt � ,� f , h � x"ink.,, d� � ,.
iunmer+: unit �'a m Brute, Bali the' roil ` on he"ifi, Ito .
t
Mr. digit': 99'it' an ordinance.
Mr. Oarein-pedrnaa: Let me read the ordinance. Let the rep►
cord show that nobody appeared to be heard.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 4 AND 6
OF NO. 9684 ADOPTED SEPTEMBER 299 1983,
THE ANNUAL APPROPRIATIONS ORDINANCE FOR
THE FISCAL YEAR ENDING SEPTEMBER 309
19849 BY INCREASING THE APPROPRIATIONS
FOR THE INTERNAL SERVICE FUND CENTRAL
STORES IN THE AMOUNT OF $25,000 FOR THE
PURPOSE OF ESTABLISHING AN INVENTORY OF
BURROUGHS B-20 SUPPLIES FOR USE BY THE
VARIOUS CITY DEPARTMENTS; INCREASING
REVENUE IN A LIKE AMOUNT FROM AVAILABLE
FUNDS OF VARIOUS CITY DEPARTMENTS; CON-
TAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
April 5, 1984, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Dawkins, the Ordinance was thereup-
on given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9832.
The City Attorney read the ordinance into the public
record and announced that copies were available to the mem-
bers of the City Commission and to the public.
------------------------------------------------------------
NOTE FOR THE RECORD: AGENDA ITEM NO. 76 WAS CONTINUED.
------- -------------- -------------------- ------- ---- ---- ----
------------------------------------------------------------
47. DISCUSSION ITEM; MIAMI EXHIBIT AT THE 1984 WORLD'S FAIR
Ili NEW ORLEANS (See later same meeting).
------------------------------------------------------------
Mayor Ferre: The item I want to take up is Item "H". Would
you explain this thing on this New Orleans fair?
Ms. Charlotte Gallogly: The recommendations are before you
and we would like to revise the number - the approval amount
not to exceed $49,000, which would be used along with money
i from the County, City of Coral Gables and the International
Center.
154
_I ld 5iioi84
I
riVe r.LUUMUOL". a.vw .YMv...
Mayor Ferre: $49,000.
Mr. Gary: She originally had $159,000, which included eve-
rybody's cost and we are just going to put in ours.
(INAUDIBLE BACKGROUND COMMENT)
Mayor Ferre: That is what I understood too. We understood
$15,000 whyou en
and I talked yesterday. Each one is put-
ting $49
(INAUDIBLE BACKGROUND COMMENT)
Mayor Ferre: Okay, I've got no problems with that as long
as it is prorated between us - Coral Gables, City of
Miami...
Ms. Gallogly: The Beach and the International Center.
Mayor Ferre: Miami Beach, and Metropolitan Dade County and
the maximum it will cost us is $49,000. How much is Metro
putting in?
Ms. Gallogly: Well, they are currently evaluating their
budget. They have not made any final decisions. Our money
would not go in unless we had other money available.
Mayor Ferre: No, no. Furthermore, that Metropolitan Dade
County can put no less than what we put in.
Mr. Gary: Mr. Mayor, there is a condition that none of our
money is spent until everybody else's has put in their mon-
ey.
Mayor Ferre: Okay, is that all right with you, Plummer?
Mr. Plummer: No, I am not voting for this, not at $49,000.
Nol
(INAUDIBLE BACKGROUND COMMENT)
Mayor Ferre: You don't have the third vote, eo...
Mr. Plummer: Oh, for two weeks? $1809000? No wayl
Ms. Gallogly: One of the reasons that the cost is at that
level...
Mayor Ferre: I am awfully sorry, you don't have the third
vote and we don't have time to waste here. There are three
of us now. You need three of us in concurrence otherwise
you don't have the votes. So that is it, thank you.
155
id 5/ 10/84
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48 A�1T�t�ft � ctt �lA�tAl Mid 10 !&YBCCT� . COVICNANts . VITH IA2100,
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TER PDALIC 1141IT"O INVAY .
r+rrrrrrrrra�ri.i+�irrrr.Yrri+l..f.w.a.�.r+Yri(��'rrri�rwrrrrrrirr.rrrrWrrrrYal�i4....a -
Mr: Plummer: Do you have a problem with item 82, or not?
Let me live up to my commitment to this man.
Mayor Ferre: Greater -Miami..
Mr. Plummer: Mr. Mayor, Item 829 yes or no? Gary, did you
submit a new wording.
Yes, sir, we asked for deletion of one
clausee 0
a not sure I understand connection with
A.T.&T. W havenothing to do with them.
Mr. Plummer: Well, my backup material seems to be...
Mayor Ferre: This item deals with A.T.&T. divestiture and
requests for the use of right-of-ways.
Mr. Garcia -Pedrosa: What you are saying is that this came
about because of divestiture. It doesn't have anything to
do with A.T.&T. anymore.
Mr. Plummer: What does it have to do with A.T.&T.?
Mayor Ferre: of theesn't have divestiture t ating to do preceded...
it. It
comes because
Mr. Plummer: All right, I move 82.
Mr. Garcia -Pedrosa: Did the Board ask the City Manager if
he presented this?
Mr. Plummer: Yes.
Mayor Ferre: Mr. City Manager, this has your recommenda-
tion?
Unidentified Speaker: You are not going to get it.
Mr. Plummer: Mr. Davis, do you take it?
Mr. Davis: Yes, sir.
Mr. Plummer: I move it.
Mayor Ferre: Mr. Gary, this has your recommendation?
Mr. Gary: Yes, sir.
Mayor Ferre: Mr. City Attorney, this has your recommenda-
tion as to legal form?
Mr. Garcia -Pedrosa: Ye, sir,
Mayor Ferre:
Further discussion?
Call the roll on 82.
156
Id 5/io/84
i:•Y .K }r il:�'ty' f4'i_ iFr: - - 'tf.. ... - {`} f".. Ti.'':�
?S. `L - 5, - : A iw`✓fy .; N: r tit i��A'.E�Ap�'F b : a@'.'ir ��.%.
:ITN S:f.^Xt'«Jyl':•„w3'?c}'rd''rirk7Nil.�`c::. tt' 1
The wiovint rosautioe was iutredueed by 0001kiRALb r
RESOLUTION NO, 84438 a
A RESOLUTION AUTHORIZING THE CITY MANAOis
ER TO EXECUTE INTERIM AGAISMENTSi IN
• SUBSTANTIALLY THE FORM ATTACHED, WITH
PRIVATE INDIVIDUALSo PARTNERSHIPS,�COM-
PANIES' OR CORPORATIONS FOR THE USL Off'
PUBLIC R10HTS-OF-WAY TO CONDUCT.THE PAZ►
PATE BUSINESS OF FURNISHING COMMUNICA-
TION SERVICES.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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. t
Commissioner Joe Carollo
----------- ------------ ------ -------------- ---------------
49. ALLOCATE 4259000 FROM SPECIAL PROGRAMS AND ACCOUNTS TO
THE GREATER MIAMI UNITED, INC. TO PROVIDE SUPPORT TO THE
AGENCY'S EFFORTS.
------------------------------------------------------------
Mayor Ferre: Take up Agenda Item 73, which is Greater Miami
United. Miss Laurie, would you stand up, or whoever is go-
ing to speak on Item 73• This is the allocation of $259000
to Greater Miami United to support the agency's efforts.
Mr. Plummer moves.
Mr. Garcia -Pedrosa: Again, that is in the Supplementary
Memo, Mr. Mayor.
Mayor Ferre: Item 73?
Mr. Garcia -Pedrosa: Right.
Mayor Ferre: Miller, are you all right on that?
Mr. Dawkins: Yes.
Mayor Ferre: Dawkins seconds. Mr. Manager, does this have
your approval?
Mr. Gary: Yes, sir.
Mayor Ferre: Greater Miami United. Further discussion on
73? Call the roll.
157
Id 5/10/84
' �;: ��kry.,..::�..sr�r iir�.?�'•::iL'i+`�:a�•"W '�� '�.tS"'; fiXt`�%�°4k,'(',.Q �a
1 t 7 f t li..ft Ffr��� k
..,„, a.rv;..;.'t+:wrrxc �rwt.F.;;:+.,:,t. an.:n�;eu��*. •�. - � ,eta
Plummaro ttRo moved ite adoption:
RESOLUTION NO.
introdueed b,Y d
84-530
:A RESOLUTION ALLOCATING 425o000 FROM
SPECIAL PROGRAMS !AND ACCOUNTS CbNfI
GENT -FUNDi TO GREATER MIAMI UNITED INC.
TO.PROVIDE SUPPORT TO THE AGENCYiS EP-
FORTS. TO FACILITATE LINKS :BETWEEN THE
PUBLIC'AND PRIVATE SECTORS IN DADE COUN"
TY; AUTHORIZING THE CITY MANAGER TO EXE-
CUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH SAID AGENCY
TO PROVIDE SUPPORT FOR ITS PROGRAMS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
50. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH GREATER
MIAMI UNITED INC. IN AN AMOUNT NOT TO EXCEED $1009000
FUNDING PARTNER INITIATIVE PROJECT LISC-MIAMI PROJECT.
Mayor Ferre: On the related Agenda Item 469 which is the
LISC approval. Mr. Manager, is that your recommendation?
Mr. Gary: Yes, sir.
Mayor Ferre: Is there a motion? Miller, do you want to
move that? There are 11 City of Miami CDC's that benefit
from this project. These are the people that have been com-
ing into this town off and on. It is the Ford Foundation
and this and that.
Mr. Gary: They are going to set up loan funds for CBO's.
Mayor Ferre: Okay, are we all set?
Mr. Plummer: Yes.
Mayor Ferre: Plummer moves.
cession on 46? Call the roll.
Dawkins seconds. Further dis-
158
id
5/10/84
..1 'df�'q a7t. xt•:i ��{%, ?.i...... y,`... ypt-.•;c:a'.ux
The._ follo Ling
resolution VAS
intr6duded b � i .bid► r t
Plummer # 1t�� 11646d
W ad6pt on:
:. .
WOLUTION "Nth..
64465.40
A RESOLUTION AUTHORIZING THE CITY MANAG-
ER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH
THE GREATER MIAMI UNITED* INC. IN AN A-
MOUNT NOT TO EXCEED $1009000 FOR THE
PURPOSE OF BECOMING A FUNDING PARTNER IN
THE LOCAL INITIATIVE SUPPORT CORPORATION
(LISC)/MIAMI PROJECT, WHOSE OBJECTIVE
WILL BE TO PROVIDE LOAN AND GRANT FUNDS
TO LOCAL COMMUNITY DEVELOPMENT CORPORA-
TIONS (CDCs) OR COMMUNITY BASED ORGANI-
ZATIONS (CEOs) FOR THE PURPOSE OF THEIR
BECOMING INVOLVED IN CAPITAL INVESTMENT
PROJECTS WITH THE ALLOCATION OF SAID
FUNDS BEING CONTINGENT UPON THE CITY OF
MIAMI RECEIVING AN $1192509000 HUD GRANT
TO IMPLEMENT THE FY t84-t85 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
159
Id 5/10/84
71
iiWi'i��Ylii WiiiriUiii�ci`WlYlbiiilfiiriii�iiil(Y+YY7fYlYiiii�i�fr�►YriYYY11:iY�iYW�iafsiNWnYi.iFis+isi� �fiiiifiiiYiii�iiDi�s�i
PROVRNUTA APPROPRIATIONS OVDISAUC8s:_E9TA$LIgN_. ►`V$t -
f'ACQUi§ ITt6k bF COMP#n 2 AND M SOCIATLD PHRI MLS"
iYfrrYrrr�r—w.tifi�Yirr.�.�ri—iirY�irr�raiwir.rrrw raa—arn rrrr.rr—aYrw. WlrMrlb—a�.riLwliYaYYYY
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9534
ADOPTED DECEMBER 9, 1982, THE EXISTING
CAPITAL IMPROVEMENTS APPROPRIATIONS OR-
DINANCE, AS AMENDED, BY INCREASING THE
APPROPRIATIONS FOR THE 1970 POLLUTION
CONTROL AND INCINERATOR FACILITIES GEN-
ERAL OBLIGATION BOND FUND IN THE AMOUNT
OF $509000 FROM FUND BALANCE AND ESTAB-
LISHING A NEW PROJECT ENTITLED ACQUISI-
TION OF COMPUTER AND ASSOCIATED PERI-
PHERALS ITEM I-C(3) AND TRANSFERRING
SAID RESOURCE AND PROJECT TO THE CAPITAL
IMPROVEMENT FUND ITEM IX.C(i)169 BY
DECREASING APPROPRIATIONS FOR PROJECT
CENTRAL DATA BASE COMPUTER SYSTEM ITEM
III.B(6) IN THE AMOUNT OF $252,300;AND
APPROPRIATING $252,300 TO ESTABLISH A
NEW PROJECT ENTITLED ACQUISITION OF COM-
PUTER AND ASSOCIATED PERIPHERALS ITEM
III.C(1) AND TRANSFERRING SAID RESOURCE
AND PROJECT TO THE CAPITAL IMPROVEMENT
FUND ITEM IX.C(i)16, BY INCREASING THE
APPROPRIATION FOR THE 1975, 19769 AND
1980 SANITARY SEWER GENERAL OBLIGATION
BOND FUND IN THE AMOUNT OF $329500 FROM
INTEREST EARNINGS AND ESTABLISHING A NEW
PROJECT ENTITLED ACQUISITION OF COMPUTER
AND ASSOCIATED PERIPHERALS ITEM IV.C(4)
AND TRANSFERRING SAID RESOURCE AND PRO-
JECT TO THE CAPITAL IMPROVEMENT FUND
ITEM IX.C(i)169 BY INCREASING THE APPRO-
PRIATION FOR THE 1970 POLICE HEADQUAR-
TERS AND CRIME PREVENTION FACILITIES
GENERAL OBLIGATION BOND FUND IN THE A-
MOUNT OF $3019000 FROM INTEREST EARN-
INGS, AND DECREASING APPROPRIATIONS FOR
PROJECT CENTRAL DATA BASE COMPUTER SYS-
TEM ITEM VIII.B(5) IN THE AMOUNT OF
$1129000 AND APPROPRIATING SAID RESOURC-
ES TO ESTABLISH A NEW PROJECT ENTITLED
ACQUISITION OF COMPUTER AND ASSOCIATED
PERIPHERALS ITEM VII.C(2) AND TRANSFER-
RING SAID RESOURCE AND PROJECT TO THE
CAPITAL IMPROVEMENT FUND ITEM IX.C(I)16,
BY ALLOCATING $973,400 FROM THE FY'84
GENERAL FUND BUDGETS OF THE POLICE DE-
PARTMENT, $1029000 AND THE COMPUTER DE-
PARTMENT, $8719400 TO THE CAPITAL IM-
PROVEMENT FUND ITEM IX.C(i)169 AND IN-
CREASING THE APPROPRIATIONS FOR THE CAP-
ITAL IMPROVEMENT FUND IN THE AMOUNT OF
$197219200 AND ESTABLISHING A NEW PRO-
JECT IN SAID FUND ENTITLED ACQUISITION
OF COMPUTER AND ASSOCIATED PERIPHERALS
ITEM IX.C(i)16; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and was passed on its first reading by
title by the following vote-
160
1d 5/10/84
Mayor Maurice., A. Poere
M0ES:
ASSENT! Viee-Mayor Demetrio Perez, Jr.
commissioner Joe Carollo
i.N
M
The City Attorney read the ordinance into the public
record and announced that copies sere available to the mem-
bers of the City Commission and to the public.
.rrrrl�lrrrr!-l/rrrrrrlr-rrl/rrrrr! lr.rrlr.rrlr rrlr!!!r!rllrr.rr
52. AUTHORIZE, AND PERMIT MAYFAIR III, A FLORIDA 0219RAL
PARTNERSHIP, TO CONSTRUCT AND MAINTAIN A PEDESTRIAN O-
VERPASS AND VALKWAY OVER AND ACROSS FLORIDA AVENUE.
---------------------
Mayor Ferre: Agenda Item 58. This is authorizing and per-
mitting of Mayfair III, a Florida General Partnership to
construct and maintain a pedestrian overpass and walkway.
Mr. Manager, this has your recommendation? Mr. Manager,
this has your recommendation? Does anybody in this audi-
ence wish to speak against Item 52? Does anybody wish to
address the Commission at all on Item 58?
(INAUDIBLE BACKGROUND COMMENT)
Mr. Garcia -Pedrosa: This is after the supplementary memo
again - the revised resolution.
Mayor Ferre: It has the approval of the City Manager and
there is nobody here against it.
Mr. Plummer: Nobody here for or against it?
Mr. Herbert Johnson: I am for it. I am Herbert Johnson,
Architect and I am the Property Coordinator for Mayfair III.
Mayor Ferre: Plummer moves. Dawkins seconds. Further dis-
cussion on Item 58? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-541
A RESOLUTION AUTHORIZING AND PERMITTING
MAYFAIR III (A FLORIDA GENERAL PARTNER-
SHIP), TO CONSTRUCT AND MAINTAIN A PE-
DESTRIAN OVERPASS AND WALKWAY OVER AND
ACROSS FLORIDA AVENUE APPROXIMATELY 21.7
+ FEET WEST OF THE MONUMENT LINE OF RICE
3`TREET CONNECTING MAYFAIR III WITH
MAYFAIR IV SUBJECT TO THE EXECUTION OF A
COVENANT TO RUN WITH THE LAND; SAID COV-
ENANT TO BE PREPARED BY THE CITY OF
MIAMI IN CONFORMANCE WITH THE REQUIRE-
MENTS OF THE CITY OF MIAMI LAW DEPART-
MENT AND PUBLIC WORKS DEPARTMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
161
14
5/10/84
•{.:.s, ..,a;...,.'.:'; :.:. , . - .� ^— •v - are t..
u`:i . ,.Fz. •'-p - :4.. t;'%f. G-'."-a '. �`#.�;.. .C.;j T;pyr
Upon -being : s6mkom by Commissioner Dawkins # the rssa0�
��.ut nn wAA ),4s8 d . and• id6Pted by the r$ilowing bate
AYES i, C*Mmis$inaeP Miller J, Dawkins --
Mayor Maurice A. Ferre
NOES: None. .
ABSENT: Vine -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
r.. r--r—r+r---i.-..--.►Y.—r—rr r r r �.r r---r.----+rr rrr
53. FIRST READING ORDINANCE: AMEND ORD. 9534, EXISTING AP-
PROPRIATIONS ORDINANCE; INCREASE APPROPRIATION TO MIAMI
CONVENTION CENTER FOR PARKING GARAGE 42489000 AND MAKING
A FINAL PAYMENT TO FRANK J. ROONEY, INC. IN THE AMOUNT
OF $192509000.
-------------- ------------------- ---rr-----------.or---------
Mayor Ferre: Take up Item 21.
Mr. Garcia -Pedrosa: You can't do that either,,Mr. Mayor.
Mayor Ferre: We can do it on First Reading. You want to do
it on Emergency next time, or First Reading now? All right,
Mr. Dawkins on First Reading. Plummer seconds. The Manager
recommends. Is anybody here who wishes to discuss this
item? This is final payment to the Frank J. Rooney Company
for the Miami Convention Center.
Mr. Garcia -Pedrosa: As amended.
Mayor Ferre: Read the ordinance on First Reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO THE CITY OF
MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER ALSO COMMON-
LY REFERRED TO AS THE MIAMI CONVENTION
CENTER AND AMENDING ORDINANCE NO. 95349
ADOPTED DECEMBER 9, 1982, THE EXISTING
CAPITAL IMPROVEMENTS APPROPRIATIONS OR-
DINANCE, AS AMENDED, BY INCREASING AP-
PROPRIATIONS FOR THE MIAMI CONVENTION
CENTER AND PARKING GARAGE IN THE MIAMI
CONVENTION CENTER ENTERPRISE FUND IN THE
AMOUNT OF $248,000 FROM FY 1984 FLORIDA
POWER AND LIGHT FRANCHISE REVENUES TO
MAKE FINAL PAYMENT TO FRANK J. ROONEY,
INC. IN THE AMOUNT OF $19250,000; CON-
TAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Plummer and passed on its first reading by ti-
tle by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
162
Id
5/ 10/84
1.
..4�e.''d5";'
E�Un'
sv
, K:f
AY�ii`•r i�?
�l-.
��y1�i�Yp�IYG����{V.
� :.. AY, i�.•
-
.-!. 1. .; r3' �
♦'������i �#��l-e��'�
.
�Tha ~ City `Attbrb" 'Egad the ordifianad
record 4fid, Tahhb+dhaod that bogies were available to the eemti.
bars of the City,Commission and to the public.
Y�irrar,iii3.i��raa��w.rr�rwrr.mrwrr.ii+r�r.rr�ri�+rarrr.rrar.rw.w�r�r►i�.riyra�arWi+f Wriar�r.rrrriaNiti+liai
54. FIRST READINGS ORDINANCE: AMEND EXISTING CAPITAL IM-
PROVEMENTS APPROPRIATIONS ORDINANCE, INCREASE APPROPRIA-
TIONS FOR THE PURCHASE OF LITTER CONTAINERS IN THE A-
MOUNT OF $1700000.
rrrrrrrrrrrw�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�rr�r�r�rrrrrr
Mayor Ferre: Agenda Item 23.
Mr. Dawkins: The pretty garbage containers Plummer voted
on?
Mayor Ferre: Mr. Dawkins moves. Plummer seconds. Further
discussion? Read the ordinance.
Mr. Garcia -Pedrosa: Again you are doing this on First Read-
ing?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDI-
NANCE NO. 95349 ADOPTED DECEMBER 99
1982, THE EXISTING CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, AS AMENDED, BY
INCREASING APPROPRIATIONS FOR THE PUR-
CHASE OF LITTER CONTAINERS IN THE AMOUNT
OF $170,000 AND INCREASING RESOURCES IN
THE 1970 POLLUTION CONTROL INCINERATOR
FACILITIES GENERAL OBLIGATION BOND FUND
BALANCE BY A LIKE AMOUNT, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Plummer and passed on its first reading by ti-
tle 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
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
163
ld
5/10/84
iliyfilllitii�lq�iiill�i{itiY�li�tt�wYWiYYil�riilitlWQilliiiYi�s.liil�itifr�i�Y�WY►wtillii�alNifirWiwliiiYOlitYiY
5Stint .-jam a ' ounkmes:�. eanarva AM an t . o,cAPnA ...,,.3�
ft 1U MIAMI STADIUM UTRAPA1,31V
AMONT OU $300i o00. 10 °:1STAOLZSH UV PMOA'MT I '18AMALL ..:
STADIA PAM 801 UPAI e.nbm
a.�.rrraga.r.rarrrr+�.w..nraww...r...�.rfw�.tears+�..�....r+r+i..rw.rr.�r.r.+rrr�.�.r.r.�.arwu.aritar Wcwa�irWr r
.. ci
Mr. Dawkins: Agenda Item 25. I don't know what you did out
there because I don't see nothing, but I will vote for it.
Mr. Plummer: Why is that so important?
Mr. Gary: Because we have a serious liability in terms of
somebody hurting themselves.
Mr. Plummer: Mr. Gary, I want to tell you something, sir.
The little damn bit of revenue we get out of that thing, we
spent $300,000 to fix it up.
Mr. Gary: We have a contract and if somebody would fall and
hurt themselves, you have a million dollar suit.
Mayor Ferre: Mr. Dawkins moves.
Mr. Plummer: Second, with regrets.
I
Mayor Ferre: Plummer seconds. Further discussion on First
Reading only. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9534
ADOPTED DECEMBER 9, 19829 THE EXISTING
CAPITAL IMPROVEMENTS ORDINANCE AS AMEND-
ED, BY INCREASING RESOURCES AND APPRO-
PRIATIONS IN THE MIAMI STADIUM ENTER-
PRISE FUND IN THE AMOUNT OF $3009000 TO
ESTABLISH A NEW PROJECT IN THE MIAMI
STADIUM ENTERPRISE FUND ENTITLED MIAMI
BASEBALL STADIUM PRESS BOX REPAIRS, XVI
C.29 REVENUES IN A LIKE AMOUNT ARE A-
VAILABLE FROM A TRANSFER OF $53,000 FROM
THE ORANGE BOWL STADIUM ENTERPRISE FUND,
AND $247,000 FROM MIAMI STADIUM FUND EQ-
UITY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Plummer and passed on its first reading by ti-
tle 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
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
164
Id
5/10/84
96, now . . _..• ,..,.:•,,'A"... :;ti:-,.»,-.a.__.. o-,: _w..,. :..1..i.�,._ ... , Yam. ww. p.�.�,Y- . - t...i,�..
ou
ii�lfi.lYiYiiilq.srYiiiYi/111riiiii11111I/11U—IYIii1N1►.IilfliiiiU.Yi�iifliiYi.Y.IUIY�fYrY�aI�iYYilir�IliYiii►Yiiiiiili�►IW1IiY+�ii�
Mayor Ferret Take up Agenda Item 27.
Mr. Gary: this appropriates Dade County funds.
Mayor Ferret Do you know what you are doing, Howard? Let
me tell you, you are not getting anywhere, because...
Mr. Plummer: Item 27 is a Second Reading.
Mayor Ferret All right, Dawkins moves 27. Plummer seconds.
Further discussion? Is there anybody who wishes to speak on
Item 27?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION I OF ORDI-
NANCE NO. 8719 ADOPTED OCTOBER 26, 1977
AS AMENDED, THE SUMMARY GRANT APPROPRIA-
TIONS ORDINANCE, BY ESTABLISHING A NEW
TRUST AND AGENCY FUND, ENTITLED COMMUNI-
TY DEVELOPMENT COUNTY SUPPLEMENT (FY
183-84); AND APPROPRIATING $16,000 FOR
THE EXECUTION OF SAME; REPEALING ALL OR-
DINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH, AND CONTAINING A
SEVERABILITY PROVISION.
passed on its first reading by title at the meeting of March
1984, was taken up for its second and final reading by
title and adoption. On motion of Commissioner Dawkins, see-
onded by Commissioner Plummer, the Ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9833•
The City Attorney read the ordinance into the public
record and announced that copies were available to the mem-
bers of the City Commission and to the public.
165
A
5/ 10/84
ova
.:rye
. S C iN AfiIN+0 'ORDINANCE:AMEND 2YISY'YNG _ SOMMY +DNA _
APPROPRIATIONS ORDINANCE BY UTADLIBUING NEW MOST AND
AOFMCY 1UND ENTITLED "COMMUNITY DEVELOPMENT JILOCE GRANT
• rgN'YN YEAR e .
-ir..rrr.rrrs-r-SYbvrrrrrrrrrrrrrrr-ilirrAr-rrr+rr•rrrrrrrrrwrrrarwwrrr.rtr.r
Mayor Ferrets Dawkins moves Agenda item 28. Plummer $00-
onds. Further discussion? Second Reading, same type of a
thing. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION I OF ORDI-
NANCE NO. 8719 ADOPTED OCTOBER 269 1977,
THE SUMMARY GRANT APPROPRIATIONS ORDI-
NANCE, BY ESTABLISHING A NE01 TRUST AND
AGENCY FUND, ENTITLED COMMUNITY DEVELOP-
MENT BLOCK GRANT (TENTH YEAR); AND AP-
PROPRIATING $1192559000 FOR THE EXECU-
TION OF SAME; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH; AND CONTAINING A SEVERABILITY PRO-
VISION.
passed on its first reading by title at the meeting of April
5, 1984, was taken up for its second and final reading by
title and adoption. On motion of Commissioner Dawkins, sec-
onded by Commissioner Plummer, the Ordinance was thereupon
given its second and final reading by title and passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9834.
The City Attorney read the ordinance into the public
record and announced that copies were available to the mem-
bers of the City Commission and to the public.
-------- --------- -------- ------------------- ----- -----------
58. AMEND PHASE I OVERTONN STATION IMPACT AREA REDEVELOPMENT
PROPOSAL TO INCLUDE ADDITIONAL'LAND FOR ACQUISITION.
----------- --------------- ----------- ----- --------------- ..--
Mayor Ferret Take up Item 75.
Mr. Dawkins: Move 75 before you leave, J. L.
Mayor Ferret All right, Plummer seconds Item 75. Moved by
Miller Dawkins.
Mr. Garcia -Pedrosa:
Supplemental memo.
166
Id 5/10/88
x = zr �'
r
Mr. Ary an, Mr. ftw 6
Mayor Ferret _-That. ii-th6°
Mr. diary: to j Oir&
Mayor Ferre. All right, call the roll.
The following resolution was introduced by Commissioner
Dawkins, who Moved its adoption:
RESOLUTION NO. 84-542
A RESOLUTION AMENDING THE PHASE I
OVERTOWN STATION IMPACT AREA REDEVELOP-
MENT PROPOSAL FOR THE SOUTHEAST
OVERTOWN/PARR WEST REDEVELOPMENT PROGRAM
TO INCLUDE AN ADDITIONAL SITE FOR ACQUI-
SITION AND TO AUTHORIZE THE CITY MANAGER
TO ACQUIRE THE SITE IF FUNDS ARE AVAILA-
BLE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
-1----�-----------------------1--------------------------M-
59. ALLOCATE $79500 TO SUPPORT "MIANI CONFERENCE WOMENIS AC-
TION FOR PROGRESS/CARIBBEAN CENTRAL AMERICAN" TO BE HELD
NAY 20-249 1984.
------------------------------------------------------------
Mayor Ferre: All right now, there is a request that we do
Agenda Item 53. Mr. Manager, does that have your - is Rick
Warren here? All right, Mr. Warren? Does anybody wish to
speak on this item?
Mr. Gary: Mr. Mayor, staff recommended to go this way. It
is international trade related.
Mayor Ferre: Come again?
Mr. Gary: Staff has recommended this. It is international
trade related and we should approve it.
Mayor Ferre: You are recommending that we move ahead on it.
Mr. Gary: 53, yes.
Mayor Ferre: All right, Miller, are you ready? Dawkins
moves. Plummer seconds. Call the roll.
ld
Is
167
5/10/84
- n,� 'r..r •1;t Nei.`'-M1`y�11<."
t. -
i .St'f{i•`.'Si''`N salt - =�t'7a•..( L
;- z
`rho 61loving resolution via ABtrodu6od ,. by,_Cow16sLo0t
DAWkiNst who NoVad its sdoptiod:
2-23OLUTION Nor 64•6543
A RESOLUTION ALLOCATING A SUM NOT TO EX&
CRED *7 r 500 FROM SPECIAL PROGRAMS -AND
ACCOUNTS, CONTINGENT FUNDo TO SUPPORT
THE *MIAMI CONFERENCE WOMEN'S ACTION FOR
PROORESS-CARISSEAN/CENTRAL AMERICA" TO
BE MELD MAY 20-23► 1984 BY PARTNERSHIP
FOR PRODUCTIVITY/INTERNATIONAL; SAID AL&
LOCATION BEING CONDITIONED UPON SUBSTAN-
TIAL COMPLIANCE WITH CITY OF MIAMI ADr
MINISTRATIVE POLICY NO, APM-1-84, DATED
JANUARY 249 1984.
(Here follows body of resolution, omit-
ted here and on file in the Office of
the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
r------rr----------- -------------- ------------rrr----r rrrN-
60. AUTHORIZE AND DIRECT CITY MANAGER TO ALLOCATE $15,000
REGARDING THE MIAMI EXHIBIT AT THE *WORLD'S FAIR" TO BE
HELD Ili NEW ORLEANS.
----------------------- --------------- ---------------r---N—
Mayor Ferre: On the World's Fair in New Orleans, Plummer
moves $15,000. Item "H", $15,000. Dawkins seconds it.
Further discussion? Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION 84-544
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT NOT TO EXCEED $15,000.0o REGARDING
THE WORLD TRADE FAIR TO BE HELD IN NEW ORLEANS.
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'
Id
168
5/10/84
p?:!' a ri tit::"�,,.1..
Mayor peers: We are now on item 36.
Mr. fury: This is on the street and sidewalk oaten.
Mr. Plummer: Oh yes, that is good.
Mr. Gary: That is important to Coconut Grove and them.
Mayor Ferre: Plummer moves 36.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Is
there anybody here who wishes to discuss 36? All right,
read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 54 OF.,THE
CODE OF THE CITY OF MIAMI, FLORIDA ENTI-
TLED "STREETS AND SIDEWALKS," BY ADDING
A NEW ARTICLE VI ENTITLED "SIDEWALK CA-
FES" PROVIDING FOR THE ESTABLISHMENT OF
SIDEWALK CAFES IN THE GENERAL AREA
BOUNDED BY NE/NW 5TH STREET ON THE NORTH
BISCAYNE BOULEVARD ON THE EAST, AND THE
MIAMI RIVER ON THE SOUTH AND WEST, AND
THE AREA OF COCONUT GROVE CURRENTLY DES-
IGNATED SPI-2 IN THE OFFICIAL ZONING AT-
LAS MADE A PART OF ORDINANCE NO. 9500;
FURTHER, PROVIDING FOR PERMITS, FEES,
RULES AND REGULATIONS AND APPEALS; PRO-
VIDING FOR REVIEW; AND CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and passed on its first reading by ti-
tle 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
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
I
169
ld 5/10/84
. .. ..... _ - •'Y 'j', `T�,% .,4a1F ;� t — Wirtz:.
j't �..1 af. r� y:'� 'y"' �•'t{,?Y:.
- .: sip,''. `..•.._ i.'H�"�jr'i e'V: r�rytx.. _ .`'Tt'�4a°�°
s�ar►t� se�cv�r���
.r.wr.Y�ar�rr+�..�rrawrrrar�rr�tr.rr.rr+wr+r�irrr+rc+c.r.r.r�i�:t�r�crrr.irTi.rr.rrwtirr�rrrir+��rs�irr+itWnrnlsrrr
Mayor Ferre: Agenda item 39.
Mr. Gary: This is the Florida Exporters and Importers.
Mr. Plummer: Oh yes, t move it.
Mayor Ferre: Plummer moves 390 Dawkins seconds. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-545
A RESOLUTION AUTHORIZING THE CITY MANAG-
ER TO EXECUTE THE ATTACHED AGREEMENT
WITH THE FLORIDA EXPORTERS AND IMPORTERS
ASSOCIATION (F.E.I.A.) FOR PROFESSIONAL
SERVICES BY THE F.E.I.A. IN ASSISTING
AND SUPPORTING PARTICIPATION BY .THE
BLACK MINORITY BUSINESS SECTOR DURING
THE 1984 WORK PROGRAM OF THE F.E.I.A.,
WITH CITY FUNDS THEREFOR ALLOCATED IN A
SUM NOT TO EXCEED $35,000 FROM SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
SAID ALLOCATION BEING CONDITIONED UPON
COMPLIANCE WITH CITY OF MIAMI ADMINIS-
TRATIVE POLICY NO. APM-1-84, DATED JANU-
ARY 249 1984.
(Here follows body of resolution, omit-
ted here and on file in the Office of
' the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
---------------------------------- ------~----------------N-
63. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH ALBERT
R. PEREZ 7 ASSOCIATES, P.A. TO PROVIDE PROFESSIONAL
SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF THE
"BLUE LAGOON PARK DEVELOPMENT PROJECT".
------------------------------------------------------------
Mr. Plummer: Move and second Agenda Item 41.
Mayor Ferre: Okay, it has been moved and seconded, Item 41.
Further discussion?
ld
170 5/10/84
In
�t�
- -
� 1 f..� �•Sah i i^;?aj f� } T_i �y+s [t�•' '1 u t -t
,.The
to'lloving
r esolut on ..wail
int 6du66d b,
ft=iLAAL61►b ►
Plummet,
who moved
its adoption
RESOLUTION NO.
84=546
A RESOLUTION AUTHORIZING THE clef MAN"
AGER TO EXECUTE THE ATTACHED AMENDED._A�
OREEMENT BETWEEN THE LITTLE HAVANA DES
VELOPMENT AUTHORITY AND THE CITY1 OF
MIAMI FOR THE PROFESSIONAL SERVICES OF
SAID AUTHORITY IN THE DEVELOPMENT OF A
LATIN QUARTER IN THE CITY OF MIAMI IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
I
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
---------------- -------- ------------------------ --------1—N-
64. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH ALBERT
R. PEREZ 7 ASSOCIATES, P.A. TO PROVIDE PROFESSIONAL
SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF THE
"BLUE LAGOON PAR[ DEVELOPMENT PROJECT".
----------- ~---------------------------------------- --------
Mr. Gary: Move Item 40, please. That is Blue Lagoon Park,
we need to move on that.
Mayor Ferre: 40? All right, Dawkins moves Item 40.
Mr. Plummer: 40?
Mr. Gary: Yes.
Mayor Ferre: Further discussion?
Mr. Gary: You already agreed to the terms.
Mayor Ferre: Call the roll on Item 40.
n
ld
171
5/10/84
INV
Cr
iC yam"
�y��, s � • �„„'+.- 1
ap # 1r [" n x '".. Y.'.S`tt� >� i'e-,7�t _ f
Tha
following resolution was introduced by 0on&
DAIWkind r
Who MOVdd ItS " lidbOt .oih t .
RESOLUTION.NO. 84d,547
A ASGLUfiIM 7 AUTHORIZING THE RAND
.CITY
AOER �TO *EXRCttTE THE NEGOTIATED A0#19M9NI
IN SUBSTANTIALLY THE FORM ATTACHED HIRR-
TO, BETWEEN THE CITY OF MIAMI AND ALSERT
R. PEREZ ASSOC.* P.A. TO PROVIDE P1OF9S-
`SIONAL SERVICES RELATED TO THE DESIGN
AND CONSTRUCTION OF THE BLUE LAGOON PARK
DEVELOPMENT PROJECT, USING PREVIOUSLY
ALLOCATED FUNDS TO COVER THE COST OF
SUCH SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution 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
ON ROLL CALL:
Mr. Plummer: Do we have the money in house?
Mr. Gary: Yes.
Mr. Plummer: From Jacarol?
Mayor Ferre: Not from Jacarol.
Mr. Gary: Yes, we get part of it from Jacarol and part of
it from the State.
Mr. Plummer: Do we have the money in house from Jacarol?
Mr. Gary: I think so. We are not going to spend it unless
we have got it from them.
---------------------------------------------- ------------
65. AUTHORIZE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT
WITH WALLACE, ROBERTS & TODD, ARCHITECTS, FOR PROFES-
SIONAL SERVICES RELATED TO THE DEVELOPMENT OF THE JOSE
MARTI RIVERFRONT DEVELOPMENT PROJECT.
—-------- ----- ----------------------------------------------
Mayor Ferre: We are now on Item 43. All right, it has been
moved by Commissioner Dawkins, seconded by Plummer. Addi-
tional monies needed due to unforeseen site delays due to
extensive shoreline stabilization. Further discussion, call
the roll on 43.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
172
ld 5/ 10/64
E
Y'4
`cZk j4 4�+1
F
�rk+
x5SOLU'T.Lu ' t0 • . 4"5 8: .
A .RESOLUTION . AU71011121NG 282 _i CITY, Nab
#40 IN A FORM ACCEPTABLE YC THE CITY'ATE,:
TORNEY: WITH WALLACE f ROBERTS t TODD t AR-
CHITECTS, FOR PROFESSIONAL SERVICES
WITHIN YHE ORIGINAL SCOPE OF SERVICES
BUT UNFORESEEN AT THE TIME OF THE ORIGII
NAL AGREEMENT, RELATED TO THE JOSE MART
RIVERFRONT PARK DEVELOPMENT PROJECT,
WITH COMPENSATION FOR SAID ADDITIONAL
SERVICES AMOUNTING TO $6007.90 USING
FUNDING PREVIOUSLY APPROPRIATED FOR THE
PROJECT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner PLUMMER, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
------------------------ ------------------------------------
66. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENT WITH S.H. FRIEND & CO. FOR EXPERT ACTUARIAL
ASSISTANCE REGARDING PENSION MATTERS.
----------------- --------------------------- -------------N—
Mayor Ferre: We are on Item 44, that is E. H. Friend and
Company, acturial assistance.
Mr. Dawkins: Move it.
Mayor Ferre:. Moved by Dawkins.
Mr. Plummer: Yes.
Mayor Ferre: Second by Plummer.
the roll.
Is there a second? Plummer?
Further discussion. Call
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84-549
A RESOLUTION AUTHORIZING THE CITY MAN-
AGER TO NEGOTIATE AND EXECUTE A PROFES-
SIONAL SERVICES AGREEMENT, IN SUBSTAN-
TIALLY THE FORM ATTACHED HERETO, WITH
THE FIRM OF E.H. FRIEND 7 COMPANY, FOR
EXPERT ACTUARIAL ASSISTANCE IN PENSION
MATTERS AT A COST NOT TO EXCEED $50, 000
WITH FUNDS THEREFOR ALLOCATED FROM SPE-
CIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND.
ld
173
5/10/84
j,l !' ^f'ir
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t
� - •Y i9�'}°' ryr� Sy4��1 � ' yr{
"
�
, .;,,`a T�,y!`r.;�,.r.,,�t.' ,c{q��',yi ��'•'s��' ,,,j ��:,.�:��u�:�4;r
�,f.'X\'».�+ � pd'4:{�Yfk,•i�tw-}}��•�Yi.:P.`� ��r'F' <jttk' r r4^C`S�;:a �r�x
- .' X
��. ie
2. -
r .� [� tit y:-..u� i�.��i.�
.'� 4;='�"ir, fL✓•i. Yw' t'.(F�.V.d'�': �}:h'; �{ t^�f.<F#F. .-{r r
jr'..r�n.i.f
(,hy��pere��yy��.y(,.. y/� y� y�►�j y�yp� y� �{p� ,{. q� .{��j Via;.... .._:": �t •: �.�y"�AC
and on File in the Office of the city Clee%i) = r
1'`. •�'��-. i .. ,�4.; v.r:, '' ?v { ,< °.� .. � . ... r: f' � ... r:A?',;'.�:r` .�. `.., r.>.,},.c..J:3M'�r"�'eay�1.:;`:3�:��:.
�.r being �'4666
lut ion- was -passed and 1idapted b the �f ol'jowlwj vote-
^5
• AYES., Commissioner Miller J. Dawkine
Commissioner J. L. Plummer Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
��——��--------------N--��------------------------�—N-
67. ALLOCATE *70'890 FROM SPECIAL PROGRAMS AND ACCOUNTS TO
THE "INDUSTRIAL HOME FOR THE BLIND".
------------------------------------------------------------
Mayor Ferre: Agenda Item 48.
Mr. Plummer: Move 48.
Mr. Dawkins: Second.
Mayor Ferre: All right, it has been moved and seconded?
Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-550
A RESOLUTION ALLOCATING $7,890 FROM
SPECIAL PROGRAMS AND ACCOUNTS: CONTIN-
GENT FUND, TO THE INDUSTRIAL HOME FOR
THE BLIND FOR THE PERIOD FROM FEBRUARY
19 1984 THROUGH SEPTEMBER 30, 19841 AU-
THORIZING THE CITY MANAGER TO ENTER INTO
AGREEMENT WITH THE AFOREMENTIONED AGEN-
CY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
174
Id 5/10/84
F117
RN
rt`&7
IriY.i.lii16i1b1ilifY111..YY.fiiYYiaYiaYiYlW�iYi�Yilliiiif1a�11�.Y.�YOiya.Yf11�IIH�.Y''IiI1Yi��Y1��iY��Y1�r�I1i�fY� r:`"
lt "' 'TURD AORUMT APRIL
.. .. ,. _. .. _.... _._.�-.__...a....a .
� 11.11.../-.bilbiY/Y.�.iY..��lYa.iYN.IHY1.I.i.11ifrf.YfUri11.1fY1W�1111�-.1.-r.i�►i liYif.(ilWilli►Yi.Yi.biY.iu�Y.YY��Y111iYii.iDYr�r.l►iY�iliii.i
Mayor Ferret All right, Agenda Item 52. This is the law r
firm of Cramer,- Hoffman: A Haber. This is the same -:►mount
as we paid them last year. All right, it has been moved by
Plumber.
Mr. Plummer: With a proviso ...
Mayor Ferret Second by Dawkins.
Mr. Plummer: With an amendment - with a proviso that they
send us a list of their accomplishments for the past year.
Mayor Ferret All right, with tat proviso. Further discus-
sion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-551
A RESOLUTION AUTHORIZING THE CITY MAN-
AGER TO AMEND THE LEGISLATIVE SERVICES
AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE LAW FIRM OF CRA-
MER, HOFFMAN & HABER, P.C., COUNSELORS
AT LAW, TO EXTEND THE AGREEMENT THROUGH
APRIL 22, 1985, IN AN AMOUNT NOT TO EX-
CEED $42,000 PER YEAR WITH FUNDS HEREBY
ALLOCATED FROM SPECIAL PROGRAMS AND AC-
COUNTS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
Mayor Ferret I want to tell you on the record so that we
don't have anyy problems on this. These people have more
then earned $429000.
Mr. Plummer: All I am asking is for them to tell me.
ld 175 5/10/84
{t
- - � ..
�4r1
,.4.-s$;
•w ''�•+!•.?'c iF�" '� �'i`-YJ;"t�i��ir'y°r�'��. '�'' �Lf �' � �.
'�N�r�ifirrlri�r�irl►�ritii'11i��Yar�ii��ici�lt��ri/�ti+��sirl�fc�l.rl�i�i�i4aiari�.i�+�a�i�+rrii'�i+i��i�'i�ii�"rwii��� _ -- %,ti
69 * Air 01122 C II, MOIACIER 10 8 $�� $26 90� -12HPLONM AND 5 to lit mg
o
von Tu_ 1974 79 C62A A. AUDIT
MAILLOVAMC 7.
' Wr�rai..riraWrirw—�.Yrcrrirw`w�wrwwwrr.cart+iit��rrf.b-�.�Y►r.r—.ra�arr+rw.rrwra.rrra��ar�Wirra��i►aY�iW� :.`J
Mayor Ferre: Agenda Item 54. All right, ie the'ra s motion?
Mr. Dawkins: Move it.
Mr. Plummer: Second.
Mayor Ferre: it has been moved and seconded. Further dis-
cussion? This is 67687, the City owned consortium, program
expenditure disallowance. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-552
A RESOLUTION AUTHORIZING THE CITY MAN-
AGER OF THE CITY OF MIAMI TO EXPEND
$26,297.35 FROM SPECIAL PROGRAMS AND AC-
COUNTS/CONTINGENT FUND TO REIMBURSE THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM (SFETC) FOR 1974-?9 CETA AU-
-DIT DISALLOWANCES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
70. ALLOCATE CERTAIN MOVIES FROM SPECIFIED SOURCES TO METRO
FOR ADMINISTRATIVE SERVICES IN CONNECTION WITH CITY PRO-
GRAMS.
Mayor Ferre: Agenda item 56 is a resolution allocating cer-
tain monies for ...
Mr. Gary: This is a City/County agreement with Dade County
Housing Authority to provide certain services such as family
and business locations, site plans, land acquisition ...
Mayor Ferre: All right, gre you ready on that?
176
ld 5/10/84
A� B ale gb l�ty .pitting :thy
t�cthing, nothing,
i t .4 14 o4 t i i i i i
Mr.: G Well4; look, J.. L. , this , has .... i .
Mr. fury: Oh, It does? moors horn 56.
Mr. Dawkins: I second it.
Mayor Ferre: All right, as you ready to go?
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-553
A RESOLUTION ALLOCATING CERTAIN MONIES
FROM SPECIFIED SOURCES TO METROPOLITAN
DADE COUNTY FOR ADMINISTRATIVE SERVICES
IN CONNECTION WITH CITY PROGRAMS DEALING
WITH COMMUNITY DEVELOPMENT AND HOUSING
BOND LAND ACQUISITION ACTIVITIES PER-
FORMED BY THE DADE COUNTY DEPARTMENT OF
HOUSING & URBAN DEVELOPMENT: $1659000
FROM THE HOUSING BOND FUNDS FOR THE
SCATTERED SITE PROGRAM; $380000 FROM
COMMUNITY DEVELOPMENT FUNDS FOR THE COM-
MUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AS IT RELATES TO THE GARMENT CENTER EX-
PANSION PROGRAM; $129000 FROM JOBS BILL
FUNDS FOR THE FAIR HOUSING PROGRAM; FUR-
THER AUTHORIZING THE CITY MANAGER TO EN-
TER INTO AN AGREEMENT WITH METROPOLITAN
DADE COUNTY FOR THE ADMINISTRATION OF
CERTAIN CITY OF MIAMI COMMUNITY DEVELOP-
MENT AND HOUSING BOND LAND ACQUISITION
ACTIVITIES PERFORMED BY DADE COUNTY DE-
PARTMENT OF HOUSING AND URBAN DEVELOP-
MENT ON BEHALF OF THE CITY AS SET FORTH
ABOVE THE CONTRACT PERIOD WHICH COM-
MENCED JUNE 16, 1983 AND EXPIRES JUNE
15, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
17 6 -A
Id
5/10/84
.s�
aa+s+�stirsi�,rY+��rryn��rr�+r.n�aar��rirM�rriar.rrca�rrrr.+�rwwii'ar�a�wcryrairYrirrrrttir . z':V �p�
7 dI ASIaN or Ad A rM 45 AtIPMATUG lAi
�`�wrrs..r.r���rnr+rcanr.r+rw.r��.+i—wirau+.+asrr+rrrw`.ri.rruru�rb.ri�..rrarrrarww►�rrr►wrrws.r J
Mayor Ferre: On Item 45, 1 'have a Mote here that Nester,
just pointed out to aye. Mr. Manager, we voted foe,ltem 45.
Now, this was the Downtown Miami business --- you know',- I
think it is important for the record to reflect that this
Commission has instructed the Administration as to where
monies can be used for advertisement purposes. Is that cot-
rect?
Mr. Gary: This is marketing advertising for them. They are
going to match you dollar for dollar.
Mayor Ferre: Okay, but I am suggesting City money be spent
on ads in Spanish language newspapers be the same as those
owned by the City of Miami Commission.
Mr. Gary: That is a condition. We accept that.
Mayor Ferre: That is a condition to Item 45. Do you have
any questions or problems on that? Charlotte, on Item 45,
we authorizing to spend money - it can only spend money in
those newspapers that the City of Miami Commission has au-
thorized for proper expenditure, okay?
Ms. Gallogly: Well, I would say that the proposal that we received
from the Downtown........
Mr. Gary: We've got the order.
Mayor Ferre: I just wanted to make sure that the record re-
flects that and you understand it.
--------------------------- --------------- ------------------
72. AMEND R-84-63 WHICH APPROVED THREE LAUD SURVEY FIRMS TO
PROVIDE SERVICES FOR THE CITY.
------------------------------------------------------------
Mayor Ferre: Agenda Item 57 - this is the three land survey
firms.
Mr. Dawkins: What is the name of those firms? Is there a
minority firm? I know there is no Black firm, but is there
a Latin firm?
Mr. Gary: There were five firms on it, and we increased to
four so we could get a minority, which is a Latin firm.
Mr. Dawkins: Okay.
Mayor Ferre: Is Don Cather here? Don, is this the one that
I talked to you about?
Mr. Cather: Yes, sir.
Mayor Ferre: Okay, but you ended up choosing a Latin, but
not the one that was anxious to get it.
177
ld
5/10/84
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'
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# andad up with a Latin ftr2aPT
.- Mayor~ Petro i
Okq ',got, you
' ►� ; I til
; too
took the 116t
Mayor Jerre": No, there Was another Latin -firm.- that,_ vaft, �
the job, brit- they . di.dri't comb in the list. u u ,
Mr. Cather: The other Latin firm -on there was not r000mm
mended by anybody on the Selection Committee.
Mayor Ferre: I've got you and I've got no problems with
that. It is just that Garcia -Allen -or whatever their name
is, who is a part of the Latin builders requested that they
be considered, but they didn't make the list so there is
nothing we can do about it.
Mr. Plummer% We can't help them, then.
Mayor Ferre:. Okay, it has been moved by Miller, seconded by
J. L., is that right? Further discussion on Item 57? Call
the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-554
A RESOLUTION AMENDING SECTION 2 OF RES-
OLUTION NO. 84-63, ADOPTED JANUARY 19,
19849 WHICH APPROVED THE SELECTION OF
THREE LAND SURVEY FIRMS TO PROVIDE SERV-
ICES FOR THE CITY AND DIRECTED THE CITY
MANAGER TO NEGOTIATE PROFESSIONAL SERV-
ICE AGREEMENTS WITH THE THREE FIRMS, BY
INCLUDING A FOURTH APPROVED FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
------------------------------- --------------------- -------
73. CLAIM SETTLEMENT: JAMES L. BUTLER, JR., $250000.
----------------------- ------------- ------------------------
Mr. Gary: Agenda item 62.
Mr. Garcia -Pedrosa: That is a settlement, Mr. Mayor. It is
very favorable to the City and we should take it.
178
ld 5/10/84
Mayor Farm. The Manager and the City, Attorneyre6oftRnd�
Further disouh,aionl: All right, Davkifth moves. Plum&r hA6a
onde. Call the roll.
The rollovibg resolution uaa introduced by Comieaiorm
Da►uking, who Moved its adoption:
RESOLUTION NO. 84-555
A RESOLUTION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO JAMES L. BUTLER,
JR., THE SUM OF TWENTY FIVE THOUSAND
DOLLARS ($25j000900), WITHOUT THE ADMIS-
SION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ALL BODILY INJURY, PROPER-
TY DAMAGED PERSONAL INJURY PROTECTION
LIENS, WORKER'S COMPENSATION LIENS,
CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI AND THE CITY OF MIAMI POLICE DE-
PARTMENT AND UPON EXECUTION OF A RELEASE
RELEASING THE CITY -FROM ALL CLAIMS AND
DEMANDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution 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
.----- N----------------------------------- -------- -.- ------
74. FORMALIZING RESOLUTION: ALLOCATE 417,730.30 IN SUPPORT
OF THE J.N.D. CONCERT FOUNDATION TO COVER THE COST OF
RENTAL FEES AT THE MIAMI CONVENTION CENTER IN CONNECTION
WITH THE LUCIANO PAVAROTTI CONCERT.
----------------------------------------- ------------ ------
Mr. Gary: Agenda Item 63 - Luciano concert formalization.
Mayor Ferre: All right, Plummer moves, Dawkins seconds 63.
Further discussion 63? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
179
ld
5/10/84
A RESOLUTION ALLOCATIOO AN AMOUNT MOT
TO EXCEED $17f730.30 FROM SPECIAL PRO"
GRAMS AND ACCOUNTS, QUALITY OF LIFE
FUNDy IN SUPPORT OF THE JND CONCERT
FOUNDATION, INC., TO COVER THE COST OF
THE RENTAL FES OF THE MIAMI CONVENTION
CENTER IN CONNECTION WITH A CONCERT FEA-
TURING LUCIANO PAVAROTTI MELD MARCH 10,
1984; SAID ALLOCATION BEING CONDITIONED
UPON SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-
84, DATED JANUARY 249 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner DAWKINS, the reso-
lution 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
---------------------------------------------------------
75. FORMALIZING FORMALIZING RESOLUTION; AUTHORIZING CITY MANAGER TO EX-
ECUTE AGREEMENT WITH JOHN PACHIVAS, REGIONAL DIRECTOR OF
THE U.S. KARATE ASSOCIATION.
------------------------------------------------------------
Mayor Ferre: Agenda Item 64 is John Paehivas, Regional Di-
rector of the U. S. Karate Association. Plummer moves.
Dawkins seconds. Further discussion on 64. Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-557
A RESOLUTION AUTHORIZING THE CITY MAN-
AGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH
JOHN PACHIVAS, REGIONAL DIRECTOR OF THE
U.S. KARATE ASSOCIATION, FOR AN AMOUNT
NOT TO EXCEED $49500, IN CONNECTION WITH
THE CITY'S SPONSORSHIP OF THE WORLD KA-
RATE CHAMPIONSHIP TO BE HELD JUNE 23 AND
249 1984 USING FUNDS PREVIOUSLY ALLOCAT-
ED AND EARMARKED FOR THE PURCHASE OF A-
WARDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote-
I
180
ld 5/10/84
r1j
AM term issiontr Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
11tyar !(AUrfi* Ar f'erpt
NOES.. Done.
ABSENTt Viva -Mayor Demetrio 'Perez, Jr.
Commissioner Joe CArollo
Mr. Gary: Let me tell you why it is important - beoause the
st8te Attorney is telling me I've got to have these formal
legal documents. The money has already been given.
76. FORMALIZING RESOLUTION; ALLOCATE AN AMOUNT NOT TO EX-
CRED $145.00 TO COVER THE RENTAL AND EVENT INSURANCE FOR
AN EVENT HELD BY THE "ASOCIACION INTERNACIONAL DE AMIGOS
DE EL SALVADOR" AT THE MANUAL ARTIME COMMUNITY CRITTER ON
MARCH 229 1984.
--rr---r.r.rr rr r-r-rrrrrrrrrrr--rr rr--r----r--r--rrrrrrrrrrrrr
Mr. Gary: Item 65 is the same kind of situation.
Mr. Dawkins: move it. 1.
Mayor Ferre: All right, it has been moved by Dawkins, sec-
onded by Plummer for $145.00. Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84-558
A RESOLUTION ALLOCATING AN AMOUNT NOT
TO EXCEED $145.00 FROM SPECIAL PROGRAMS
AND ACCOUNTS, QUALITY OF LIFE FUND, TO
COVER THE COST OF THE RENTAL AND EVENT
INSURANCE FOR AN EVENT HELD BY THE ASOC-
IACION INTERNACIONAL DE AMIGOS DE EL
SALVADOR AT THE MANUEL ARTIME COMMUNITY
CENTER AUDITORIUM ON MARCH 229 1964;
SAID ALLOCATION BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-
849 DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution 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
181
ld
5/10/84
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�T^:..n...".'i_ " Yam.:, �L:tin .i. - .i'•l:^;f Y ..n `' _y ='k.
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Mayor l: erre: Take up item 74, allocating .0 , 283 f 644' o
Mr. Plummer: No, no, nol Are you some kind of a fool?
(LAUGHTER)
Mr. Gary: You already approved. This Commission meeting
just allocates the money.
Mayor Ferre: Predicated Mr. Gary says that 1 have already
approved this item (and Dena is shaking her head)...
Mayor Ferre: You know, all they are is Accion,
Allapattah, Useful Aged, Belafonte- Talcolcy, Black Arts,
. . .
Mr. Plummer: Nothing importantl
Mayor Ferre: Catholic Community Services.
Mr. Plummer: Gary lies and Dena swears to itl`
Mayor Ferre: All right Plummer moves. Dawkins seconds. We
are on Item 74, are we ready to vote? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-559
A RESOLUTION ALLOCATING $19283,644 OF
TENTH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS PREVIOUSLY APPROPRIATED BY
ORDINANCE NO. 98649 ADOPTED MAY 10,
19849 TO PREVIOUSLY APPROVES SOCIAL
SERVICE PROGRAMS AND ONE (1) HISTORIC
PRESERVATION PROGRAM FOR THE PERIOD COM-
MENCING JULY 19 1984 AND ENDING JUNE 309
1965, FURTHER AUTHORIZING THE CITY MAN-
AGER TO ENTER INTO AGREEMENTS WITH CER-
TAIN SOCIAL SERVICE AGENCIES FOR SAID
APPROVED PROJECTS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by Zile 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
182
ld
5/10/84
rl ' aid:f:�ir�iivii�lwt�iwit�l.i.�rafiffiiFWcili�.wr..wwir+r.rtlrra.r�.Tii.il.aiw.:+w.r+M�(iiririw7YL11fir1ar�rlliirt��liiYitrtilr+Y.�ii� ,
Mr. plu miner: I move 67.
Mayor Ferret Are you ready to vote's It has been moved b'
Plumtmer, seconded by Dawkins. Further discussion?
The following resolution was introduced by Commissioner
Plummert who moved its adoption:
RESOLUTION NO. 84-560
A RESOLUTION AUTHORIZING THE CITY MAN-
AGER TO AMEND SIX (6) INDIVIDUAL CON-
TRACT AGREEMENTS TO EXTEND THE DUE DATE
FOR GENERATING THE REQUIRED PROJECT REV-
ENUE IN THE AMOUNT OF $129250 FROM APRIL
30, 1984 TO MAY 319 1984 FOR DESIGNATED
COMMUNITY BASED ORGANIZATIONS IN 'THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
ON ROLL CALL:
Mayor Ferre: Hold on. Is this all right to vote on? Okay,
just for one more month?
Mr. Plummer: Yes.
Mayor Ferre: I vote "yes".
Mr. Plummer: All right, Mr. Manager, come June 1st when
these contracts are renewable, I want a full and in depth
audit and recommendation on each and everyone of these 6
contracts, because I want to see if there are some that are
not doing their job, and I want to eliminate them.
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79. AUTHORIZE CITY MAHAGSR TO EXECUTE LEASE AGREEMENT WITH
THE DEPARTMENT OF OFF-STREET PARKING, FOR SUB -LEASE OF A
PORTION OF JOSE MARTI RIYERFRONT PARK FOR A MUNICIPAL
PARKING FACILITY.
w—wwwwww—wwww—www--www—w-www--- ------------ +www---- —www ------
183
ld 5/10/64
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-
:gip''- a.�:_�'��y, �...
:,�. :-.� - ";f'-Y��`,yy,'
t`�•-
► � �9f'�t'1�1 All right,
PIUMGP Ite!
_lkaveb
gA . � aw`.t �►�tAgnr anon ends � � `, ,.. � ThiA
giver r� t, perk.. Is, that
right, manager?4.
Mr viyot
mayo9r Tetra:' FiArther diahussi rl? Art v6 ready to voted
Nr. Plummer: Wait a minute, what item?
` 'FK
Mayor-Ferre: This is the State. We are getting the land :K
under the Expressway from the State.
Mr. Plummer: Are they going to put in parking meters?
Mr. Gary: During the day, yes, because they have to get
the money to pay back,
Mr. Plummer: Hey, Howard that is fine. We told them to do
the same thing at Kennedy Park, and nothing has been done.
Mayor Ferre: What do you want to do?
(INAUDIBLE COMMENT)
Mr. Plummer: No, we didn't. We asked for a plan to be sub-
mitted. We have not seen it yet! All rights. I am going to
move it, but I am going to tell you somethifig - I've got
some unhappiness. I will move 42.
Mayor Ferre: Call the roll on 42.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 54-561
A RESOLUTION AUTHORIZING THE CITY MAN-
AGER TO EXECUTE A LEASE AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO,
WITH THE DEPARTMENT OF OFF-STREET PARK-
ING FOR THE SUBLEASE OF A PORTION OF
JOSE MARTI RIVERFRONT PARK FOR A MUNICI-
PAL PARKING FACILITY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
184
ld 5/10/84
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• VidUals Wbro appointed on this date.)
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Mr. Plummer: I move Agenda Item 85.
Mayor Ferre: Now, J. L.
Mr. Plummer: All it does is establish it.
Mayor Ferre: I realize that, but I want to talk to you a-
bout that
Mr. Dawkins: Second it.
Mayor Ferre: Now, hold on.
a second. Now, J. L. ...
Mr. Plummer: Yes, sir.
Okay, we have got a motion and
Mayor Ferre: If you set up a separate board, -you are going
to have the worse dog fight that is going on: I think if
you want to modify the other board, we will change it a-
round. Let's have one board for both places.
Mr. Plummer: Maurice, I had no objection six months ago to
that. Everybody else did, and the only way I knew to do it
was to make two of them. I didn't want to do that, as you
recall.
Mayor Ferre: I don't mind having two boards, but let's
have the same board. If you want to change the board mem-
bers, that is fine.
Mr. Plummer: Let's establish 85, and I have no objection to
the same board.
Mayor Ferre: Miller, do you have any problem with that?
Because if you end up with two boards, you know what is go-
ing to happen? The same thing that happens in Liberty City
and Allapattah and everywhere else that starts fights.
Mr. Plummer: Mr. Mayor, there are going to have to be some
people that are put on there from the west area.
Mayor Ferre: Finel then put them on. I have got no prob-
lem.
Mr. Plummer: I move 85.
Mayor Ferre: All right, it has been moved and seconded.
Further discussion on 85.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-562
A RESOLUTION ESTABLISHING A TASK FORCE,
TO BE KNOWN AS THE WEST LITTLE HAVANA
TASK FORCE, TO RECOMMEND A REVITALI-
ZATION ACTION PLAN FOR THE WEST LITTLE
HAVANA AREA AS MORE DEFINITELY DESCRIBED
HEREIN; ESTABLISHING OBJECTIVES.
185
Id 5/10/84
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and oil t` .fie` ih h + �fridd 6r; t�+t1 sty �grk� :✓.:
Upon being seconded by dei4issioner DawkinA: the -06i" = `{
lutiloft, was paaeed and, adopted by, the. following Mote-
AYES- Commissioner Miller. 1lawkins
Commissioner J. L. Plummer* Jr.
Mayor: Maurice A.Jerre
NOES: Nona.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
--r--r—r--r—r r—r --r— r—r------r-- r -----r r—..r r •�'—r••—•�rrra�.Y.ri.i.r�.
81. CONSENT AGENDA. (Covering specifically agenda items:
90,91.94 and 96).
r----------rrr------------------------rrr------r--r----r--M
Mayor Ferre: Are there any items that anybody wishes to
pull from the Consent Agenda?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: It can't be a public hearing, sir, if it is,
because a Consent...
Unidentified Speaker: 93 is duplicated by 94.
Mayor Ferre: The Administration is pulling Item 92 and 93.
That leaves us with...
Mr. Ongie: 97 has been done.
Mayor Ferre: ... 90, 91
Mr. Plummer: Why are you pulling 93?
Mayor Ferre: 94, 95... yes, sir?
Unidentified Speaker: Pull 92.
Mayor Ferre: Pull 92. That leaves us with 90 and 919 949
959 96, and 97.
Mr. Ongie: No, 97 has been done.
Mayor Ferre: All right, then it leads us to 96.
Mr. Plummer: I am asking the question why, 93 has been
pulled?
Mayor Ferre: Is there any problem with doing these four i-
tems at this time? Now, I will ask if there is anybody here
that has any objections or anybody who wishes to remove any
specific item or address this Commission on any issue on the
Consent Agenda, other than those that have been pulled.
All right, Plummer moves. Dawkins seconds the Consent Agen-
da as modified. Is there further discussion? Call the
roll.
The following resolutions were introduced by Commission-
er Plummer, seconded by Commissioner Dawkins and passed and
adopted by the following vote:
186
Id 5/10/84 rt
S: k
���Nt
ti�li"
Fl�
�>
AYES:
Commissioner Miller J bau killA
Commissioner J. L. plummor, Jrs
Mayor Nauriae A. Ferre
;. c
Ross*
No-o::ry,
ASSENT.,
Commiasionar Joe Carollo
Visa -Mayor beset Rio p6rds, Jr.
81.1
AUTHORIZE CITY MANAGER A CITY CLERK"TO CANCEL COVO
ENANT RELATING TO TEMPORARY SANITARY SEWER -FORCE
MAIN SERVING BLDG. AT 4393 N.W.11TH ST.
RESOLUTION NO. 84-563
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT
FORMALLY CANCELLING THE FEBRUARY, 1972 COVENANT TO
RUN WITH THE LAND EXECUTED BY YOAN ZAIFER AND ER-
NESTINE ZAIFER, HIS WIFE, AND ORLANDO RODRIGUEZ
AND ISABEL RODRIGUEZ, HIS WIFE, WHICH WAS RECORDED
ON FEBRUARY 22, 1972 UNDER CLERK'S FILE NUMBER
72R-139044 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, RELATING TO A TEMPORARY 4-INCH SANITARY
SEWER FORCE MAIN SERVING THE APARTMENT BUILDING AT
4393 N.W. 11TH STREET, MIAMI, FLORIDA.
81.2 AUTHORIZE CITY MANAGER AND CITY CLERK TO CANCEL
REMAINDER OF COVENANT IN PROPERTY DESCRIBED AS
SECOND ADDITION TO MEDICAL CENTER IN PLAT BOOK OF
PUBLIC RECORDS OF DADE COUNTY.
RESOLUTION NO. 84-564
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN INSTRUMENT
FORMALLY CANCELLING THE REMAINDER OF THE OCTOBER
299 1962 COVENANT TO RUN WITH THE LAND EXECUTED BY
THE TENTH AVENUE LAND CORPORATION RELATING TO A
PORTION OF PROPERTY INCLUDED IN THE PLAT KNOWN AS
THE FOLLOWING DESCRIBED PROPERTY; SECOND ADDITION
TO MEDICAL CENTER, AS RECORDED IN PLAT BOOK 123 AT
PAGE 28 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
81.3 ACCEPT BID OF SOUTHERN COACH FOR LABOR & MATERIALS
FOR FIRE PUMPER APPARATUS REPAIRS FOR DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES.
RESOLUTION NO. 84-565
A RESOLUTION ACCEPTING THE BID OF SOUTHERN COACH
FOR FURNISHING LABOR AND MATERIALS FOR THE REFUR-
BISHMENT OF ONE FIRE PUMPER APPARATUS -HOSE NO. 5
TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES AT A TOTAL COST OF $10,323.44; ALLOCATING
FUNDS THEREFOR FROM THE 1981 FIRE APPARATUS ACQUI-
SITION, REPLACEMENT AND MODIFICATION BOND FUND;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PUR-
CHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE.
187
id 5/ 10/84
1 i
AMPT,. DID OF
LITTON OPPICE
PRODUCTS -10 - iorplcig
l
FURNITURE FOft*
OF;
FIRE } RESCUE AND I[��
�y. y�DEPARTMENT
•7��L��LV� r7�R�11aE� r
- -
RESOLUTION NO. 84,-566"
A RESOLUTION ACCEPTING THE DID OF LITTON OP0169
PRODUCTS CENTER FOR FURNISHING AND INSTALLING MOD-
ULAR AND FREE STANDING OFFICE FURNITURE FOR THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
AT A TOTAL COST OF $2098T1.30; ALLOCATING FUNDS
THEREFOR FROM THE 1981 FIRE FIGHTING, FIRE PREVEN-
TION AND RESCUE FACILITIES GENERAL OBLIGATION BOND
FUND: AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR
THIS EQUIPMENT.
-------------------------------- ----------------------------
82. LOAN A SUM OF $25,000 FROM FY-184 SPECIAL PROGRAMS AND
ACCOUNTS BUDGET TO THE DEPARTMENT OF OFF-STREET PARKING
TO FUND THE TENTING OF THE CITY -OWNED OLYMPIA BUILDING
AT 174 E. FLAGLER STREET.
------------------------------------ ---- ------i---------- ---
Mayor Ferre: All right, Mr. Dawkins moves Agenda Item 77.
is there a second? Does that have anything to do with
Eunice Liberty? Her little building has got termites too.
All right, Plummer seconds, further discussion on Item 77.
Call the roll on 77.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 84-567
A RESOLUTION LOANING A SUM OF $259000
FROM THE FY184 SPECIAL PROGRAMS AND AC-
COUNTS BUDGET, CONTINGENT FUND, TO THE
DEPARTMENT OF OFF-STREET PARKING TO FUND
THE TENTING OF THE CITY OWNED OLYMPIA
BUILDING LOCATED AT 174 EAST FLAGLER
STREET. 'THE DEPARTMENT OF OFF-STREET
PARKING WILL REPAY SAID LOAN FROM THEIR
FY185 BUDGET.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Demetrio Perez, Jr.
Commissioner Joe Carollo
188
Id 5/10/84
Yi1�YiWi71i�YYNilYiliiY(NIrY�Iii�YiYW71YW11iYi11f�1�i�4iirYSYf�Yil�iYiil�Yifli`iil�iiiilr��iliY�AYiii�llW►ii�YY�Hlirr�ll�iiil���'ii - "`ii'
• CLAIM 82MRNIft:. NOV UANNA r, $4516Cb.
rr.r+irrrw►.rrr.rirarw�r�Wi�wli�a�.ti.r.riiairwrr+rat-+�rarYiar�rw�rrY'i.rw.rc:rrr�Yrrir�wwsaYrararwr�+waitii��ilc�
Mayor Perre's P111mmer moves, Dawkins ' beeondb the settlesent
for $459000 for vehicle accident involving'CityPublic works
Department. Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 84-568
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ROY HERBERT THE SUM OF
$45,000 WITHOUT THE ADMISSION OF LIABIL-
ITY, IN FULL AND COMPLETE SETTLEMENT OF
ALL BODILY INJURY, PERSONAL INJURY PRO-
TECTION LIENS, WORKERS' COMPENSATION
LIENS, CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI AND ROBERT ANTHONY NIGRO,
AND UPON EXECUTION OF A RELEASE RELEAS-
ING THE CITY OF MIAMI AND ROBERT ANTHONY
NIGRO FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution 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
------------------------------------------------------------
84. AUTHORIZE CITY !TANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT BETWEEN OVERTOWN ECONOMIC DEVELOPMENT CORPORA-
TION TO PROVIDE A LINE -ITEM BUDGET INCREASE OF
$6,767.75 FOR THE PURPOSE OF ACQUIRING PERMANENT COMPRE-
HENSIVE INSURANCE.
------------------------------------------------ ----------
Mayor Ferre: Agenda Item 69 - it has been moved by Dawkins,
seconded by Plummer. Further discussion? Call the roll on
69.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
189
ld
5/10/84
--
RESOLUTION HOi 64OS69
A RESOLUTION AUTHORIIING THE CITY HANAGa
ER TO IX90UTS AN AMENDMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEYv TO 11-
TICLE IV OF THE MEMORANDUM OF AORI MENT
BETWEEN THE OVERTOWN ECONOMIC DEMOpis
MENT CORPORATION ODEDCi AND THE CITY,
DATED APRIL E11 19819 TO PROVIDE A LINE -
ITEM BUDGET INCREASE OF $69787,75 TO
OEDC FOR THE PURPOSE OF ACQUIRING PERMA-
NENT COMPREHENSIVE INSURANCE (PUBLIC LI-
ABILITYt FIRE AND REPLACEMENT OF STRUC-
TURE COVERAGE) FOR THE OVERTOWN SHOPPING
CENTER; WITH FUNDS THEREFOR ALLOCATED IN
AN AMOUNT NOT TO EXCEED $69787.75 FROM
THE SPECIAL PROGRAMS AND ACCOUNTS CON-
TINGENT FUND.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the reso-
lution 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
ADJOURNMENT
There being no further business to come before the
City Commission, on motion duly made and seconded, the meet-
ing was adjourned at 9:40 P.M.
MAURICE'A. FERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk
NATTY HIRAI
Assistant City Clerk
G �r
Not
IB Ea
COy�L
190
Id 5/10/84
!<0ts1ISSI0N RETRIEVAL,
DOCUMENT IDENTIFICATION ACTION A'iD CODE NO.
RECOGNIZING TIIE WORK OF AIEDTCAL C7.,TNTCS IN '111E DFI-,TVI;RY ni.
AFFORDABLE 1 ff..1)TC-AT, SEM7TCI S, TNCU?DING II()SPTTTTALIZATION, T
THE RESIDENT OF THE CITY OF MIAMI AND URGING TIIE FLORIDA
LEGTSL 'a.ME TO TART SUCH WORK INTO ACCOUNT IN ITS DELIBERAT
IONS UPON LEGISLdYTIVE MEASURES BEING PRESENTED TO IT DURING
THE RECENTLY CONVENED LEGTSLATTV£ SESSION.
ALLOCATING FUNDS TO THE DESERT OF FLORIDA KAZA TEMPLE TO
COVER THE COST OF EVENT INSURANCE; FURTHER ALLOCATING FUNDS
FOR IN -KIND SERVICES IN CONNECTION �ITITH THE FIRST ANNUAL
BLACK SIBRINNERS GALA DAY PARADE TO BE HELD ON MAY 26, 1984 ;
FURTHER AUTHORIZING THE CITY MANAGER M EXECUTF AN PGREMFNT,
11ITH SAID TEMPLE FOR HOLDING SAID PARADE; FURTHER AUTHORIZ-
ING CLOSING CERTAIN STRFFTS TO VEHICULAR TRAFFIC ON THAT
DATE DURING SPECIFIC HOURS AND ESTABLISHING A PEDESTRIAN
MALL, SAID STREETS CLOSING SUBJECT TO ISSUANCE OF PER�,IITS BY
THE POLICE DEPARTMENT AND FIRE, RESCUE AND INSPECTION SER-
VICES DEPARTMENT.
ALLOCATING FUNDS TO THE PUERTO RICAN OPPORTUNITY CENTER, INC,
AUTHORIZING THE CITY MANAGER RO AMEND THE AGENCY'S 1983-84
CONTRACT TOTAL ALLOCATION, THEREBY INCREASING THE AL.TOCATIOIN
ALUJCATING FUNDS TO COCONUT GROVE SENIOR CITIZENS,INC. IN
CONNECTION WITH "GALA DAY"; SAID ALLOCATION BEING CONDITIC
ED UPON SUBSTANTIAL COMPLIANCE 617ITH CITY OF MIAMI ADMINIS-
TRATION POLICY NO. APM-1-84, dtd.JANUARY 24, 1984.
CONFIRMING ORDERING RESOLUTION NO. 84-280 AND AUTHORIZING
THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR = CONSTR-
UCTION OF EDGEWATER HIGHWAY IMPRClVa= IN EDGEWATER HIGH-
WAY IMPROVEMENT DISTRICT H-4496.
AMENDING THE MIAMI CENTER II DUPONT PLAZA PROJECT DEVFLOPM
ORDER ( RES. 81-840, SEPTFMBER 24, 1981; AND RES. 82-71,
JANUARY 28, 1982) BY A"MgDING CONDITION 26 TO EXTEND THE
TIME INTITHIN WHICH SUBSTANTIAL DEVEIAP^4IIQT IS TO BEGIN FRCTI
rBIO YEARS TO FOUR YEARS OF THE RECORDED DATE OF SAID DEVE-
LOPMENT ORDER, AND FINDING THAT SUCH AMEND ML, DOES NOT CO
STITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380, FLORIDA
STATUTES.
AUTHORIZING TIC CITY MANAGER TO EXECUTE AN AGREIIIFNT V%lIICH
HAS BEEN ND30TIATED WITH ZYSCOVICH AND GRAFTCN, ARCHITECTS,
FOR ALL PLANNING, DESIGN, AND CONSTMJCTION OBSERVATION AND
CONSULTATION FOR THE"CURTIS PARK ELDERLY Mf'ALS FACILITY";
ALLOCATING FUNDS TI-IEPEFOR FROM FEDERAL JOBS BILL AND CCtl!lU-
NITY DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS.
ALLOCATING FUNDS TO THE DOWNTOtti'N MIAMI BUSINESS ASSOC , INC .
FOR TINE PURPOSE OF INSTITUTING A YEAR-ROUND ADVERTISING
CAN4PAIGN DESIGNED TO DEVELOP BUSINESS FOR THE DOWNTOWN MER-
CHANTS AND TO PROMOTE THE DOWNTOWN BUSINESS DISTRICT TO THE
LOCAL SOUTH FLORIDA CCYNMUNITY.
R-84-514
R-84-517
R-84-518
R-84-522
R-84-525
R-84-527
R-84-534
R-84-535
Ll
13
i .at,'.
1w
'l`
DOCUMENT IDENTIFICATION
ACCEPTING TIIE BTD OF M.R. HARRISON CRAW, SE,RVICES,TNC.
FURNISHTNG FOUR IfYDR7\ULTC CPANES ON A RF;N'I'AL BASIS FOR
THREE DAYS AT '111E MiMUNF STADTLni TO ZIIF DFPARIMI N7' OF
BUILDING AND t771II-CLR MATN'1'1;NANCE; ALLOCATTN(, FUNDS 7'IiFT
AND AU71JORT7TTI-, `1111] CITY MANAGER TO INS`1'RUC7I' 'IIII' PUROIli
AGF,IVI TO ISSLTE A PURCITASH ORDER I''OR TUTS FQUIP�IFNI'.
ALLOCATING FiTNDS TO 'II1I17 DOt9NTP(J%jN i`ITN•II BUSINESS ASSOCIATI
FOR THE, FLAGLER STREET PIANTI R AREJA TILT; PROJECT; FUFM-lER
AU'MORI7.TNG TlI CITY PIANAGER TO I NT 'R INTO NF)SOI'IATTONS
WITH SAID AGENCY AND TO BRING TEII: NEGOTIATED AGREEMENT BA
TO TIC CITY =ISSION PRIOR TO EXECUTION THEREOF,
AITI'fiORIZING THE CITY MANAGER TO F_iECUTF INTERIM AGREalENT'S,
WITH PRIVATE INDIVIDUALS, PAR`INERSHIPS, Ca%lPANIES OR CORPO-
RATIONS FOR THE USE OF PUBLIC RIGHT-OF-t;aY TO CONDUCT THE
PRIVATE BUSINESS OF FURNISHING CCT-ZRJNICATIONS SERVICES.
ALLOCATING-I-\TDS TO GREATER MIAMI UNITED INC. TO PROVIDE
SUPPORT TO Tl1E AGMICY' S EFFORTS TO FACILITATE LINKS BET19F.E
THE PUBLIC AND PRIVATE SECTORS IN DADE COUNTY; Al-MiORI7ING
THE CITY MANAGER TO EXECUTE AN AGRE - TNT WITH SAID AGENCY
TO PROVIDE SUPPORT FOR ITS PROGRNMS.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT JJITH
THE GREATER MIAMI UNITED INC. FOR THE PURPOSE OF BECOMING
A FUNDING PARTNER IN TI-E FOCAL INITIATIVE SUPPORT CORPOR-
ATION (LISC) AIIAMI PROTECT.
AUTHORIZING AND PERMITTING MAYFAIR III (A FLORIDA GENERAL
PARTNERSHIP), TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVER-
PASS AND 1%WALKWAY OVER AND ACROSS FLORIDA AVE. APPROXIMATELY
21 .7 ± FEET t4EST OF THE MONUMENT LINE OF RICE STREET CON-
NECTING MAYFAIR III WITH MAYFAIR IV SUBJECT TO THE EXECUT-
ION OF A COVENANT TO RUN WITH THE LAND; SAID COVENANT TO BE
PREPARED BY THE CITY OF MIAMI IN CONFORMANCE t^]ITH THE RB-
QUTP =- S OF THE CITY OF MIAMI LAW DEPAInMENT AND PUBLIC
V-URKS DEPARTMENT .
AMENDING THE PHASE I OVERTOWN STATION IMPACT AREA REDEVELO
MENT PROPOSAL FOR THE SOUTHEAST OVEM)3gN/PARK WEST REDEVE-
LOPMENT PROGRAM TO INCLUDE AN ADDITIONAL SITE FOR AQUISI-
TION AND TO AUTHORIZE THE CITY MANAGER TO ACQUIRE THE SITE
IF FUNDS ARE AVAILABLE,
ALLOCATING FUNDS TO SUPPORT THE "MIAMI CONFERENCE PX1MIIN' S
ACTION FOR PROGRESS-CARIBBEAN/CFNTRAL AMERICA" TO BE HEIR
MAY 20-23, 1984 BY PAr2'INERSHIP FOR PRODUCTIVITY/IN'I'ERNATTON-
AL.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMINT WI'111
THE FLORIDA EXPORTERS AND IMPORTERS ASSOCIATION(F.E.I.A.)
FOR PROFESSIONAL SERVICES IN ASSISTING AND SUPPORTING pARTI.
CIPATION BY THE BLACK MINORITY BUSINESS SECTOR DURING THE
1984 WORK PROGRAM FO THE F.E.I.A.
R-84-536
R-84-537
R-84-538
R-84-539
R-84-540
R-84-541
R-84-542
R-84-543
R-84-545
A
Li
DOCUMENT IDENTIFICATION
AU'TITORIZTNG '11IT; CITY rIANAGF�R T-) T111F NI(NDE'D AGR} F,-
rUIENT 13711�TFN WE T,117LE IIAVANA DI VElPT`;'-IITN' AUT110RT` Y AND
TTTE CITS' OF IIT/7^II FOR TIIF PROFESSIONAI-, SERVT(TS 017 SAID
AUTHORI'I'S' IN DF,`TT,OPlIENT OF A TATIN (XJE'1Ir7 ,,R IN TIII; CITY OF
MIAMI .
AUTITORTZ,TI\V, 911E CITY MANAGER TO EXECUTE AN AGREE?`IENP BMW
TIC CITY OF 'ITAM1 AND ALBERT R. PEREZ ASSOC. ,P.A. TO PROV
PROFESSIONAL SERVICES RELATED TO TIT, DESIGN AND CONSTRUCT
OF TITE BLUE LAGOON PARK DEVELOPMENT PROJECT.
AUTHORIZING TTfIE =lY MANAGER TO EXECUTE SUPPLEMENTAL AGREE-
MENT #4, WITH I'W'JI CE, ROBERTS & TODD, ARCHITEL'TS, FOR PRO-
FESSIONAL SERVICES RELATED TO THE JOSE MARTI RIVERFRONT
PARK DEVELI7PME NT PROTECT, WITH CCMPENSATION FOR ADDITIONAL
SERVICES.
AUTHORIZING THE CITY MANAGER TO I\TEG()PIATE AND EXECUTE A
PROFESSIONAL SERVICES AGREU11E 7' WITI1 THE FIIZ1 OF E.H.FRIEND
6 COMPANY, FOR EXPERT ACTUARIAL ASSISTANCr IN PENSION
MATTERS.
ALLOCATING FUNDS TO THE INDUSTRIAL HOE FOR THE BLIND FOR
THE PERIOD FROM FEBRUARY 1, 1984 TI-I2OUGH SEPTEMBER 30, 1984
AUTHORIZING THE CITY MANAGER TO ENTER INTIO AGREF"iENT WITH
THE AFOREMENTIONED AGENCY.
AUTHORIZING THE CITY MANAGER TO AMEND THE LI-ISLATIVE SER-
VICES AGREEMENT h?ITH TIIF; LAW FII?4 OF CRAMER, HOFI'"m 6 HAB
P.C., COUNSELORS AT LAW, TO EXTEND THE AGREEMENT THROUGH
APRIL 22, 1985,11ITIi COMPENSATION FOR ADDITIONAL SERVICES.
AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS TO REIMBURSE
THE SOUTH FLORIDA FTIPLOYMENT AND TRAINING CONSORTIUM (SFE'lr)
FOR 1974-79 CETA AUDIT DISALLkA QNCES.
ALLOCATING FUNDS FROM SPECIFIED SOURCES TO METROPOLITIAN
DADE COUNTY FOR ADMINISTRATIVE SERVICES IN CONNECTION 1%7ITH
CITY PROGRAMS DEALING WITH Cl`]TIMUNITY DLVELOP%' NT AND HOUSIN
BOND LAND ACQUISITION ACTIVITIES PERFORMED BY THE DADE CO.
DEPAlMlENT OF HOUSING AND URBAN DEVELOPMENT; FURT'KER AUTIjOR-
IZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WIT11
METROPOLITIAN DADE COUNTY FOR THE. ADMINISTRATION OF CERTAIN
CITY Or MIAMI COMMUNITY DEVELOPMENT AND HOUSING BOND LAND
ACQUISITION ACTIVITIES PERFORMED BY DADE COUNTY DEPARTN=
OF HOUSING AND URBAN DEVELOPMENT ON BEHALF OF THE CITY AS
SET FORTH ABOVE FOR TITE CONTRACT PERIOD WITICII 00�'i 'LACED
JUKE 16, 1983 AND EXPIRES JUNE 15, 1984.
AMENDING SECTION 2 OF RES. 84-63, ADOPTED JANUARY 19, 1984,
WHICIi APPROVED THE SELECTION OF THREE LAND SURVEY FIRMS TO
PROVIDE SERVICES FOR THE CITY AND DIRECTED THE CITY MI%NIAGER
TO NDGOTIATE PROFESSIONAL SERVICE AGRE111ENTS WITH THE THREE
FIRMS, BY INCLUDING A FOURTH APPROVED FIRM.
R-84-546
R-84-547
R-84-548
R-84-549
R-84-550
R-84-551
R-84-552
R-84-553
R-84-554
A
-
Ll
11
5 ti
Y
tl 'E
ai
.
pQCUMENT IDENTIFICATION
AU711 TORT Z LNG 'I11E DI RFC'I'OR OF F T NANC1; TO PAY 7O JANIFS L .
BUTLER,JR. [4I'I71OU ' '.I1TE AD�ITSSION OF LIABILTTY, IN FULL AND
COMPLET . SL'7TLI�IFNT OF ALL BODILY INJURY, PROPERTY DAMAGE,
PERSONAL INJURY POR'117M'TON LIENS, CoNIP1 NSA7'TON LI
CLAD -IS AND DF,74ANDS AGAINST 'I1i1? CITY OF 1`lI7V%II Nr D I1i1 CITY
OF MIAMI POLTCI, DEPAR71`II:N'P Ul-lQN I:"L:O'U`],TON OF A RE-
LEASING '111E CITY OF AI-11 CTAITL'� AND DE7,1A DS.
ALLOCPTING FUNDS IN SUPPORT OF THE JND CONCI_:RT FOITNDATION,
INC. , TO COVER CAST OF REN'PAL FL`E FOR `I1IE MIkMI CONVENTION
CENTER MARCH 10, 1984.
AUTHORIZING THE CITY MANAGER TO EXECUTE- AN AGP�P WITH
JOHN PACIiAVIS, REGIONAL DIRECTOR OF THE U.S. KARATE ASSOC.,
IN CYWNFC'T ION WITH CITY SPONSORSHIP OF THE P?ORLD KARATE
CHNIPIONSHIP TO BE HELD JUNE 23, 1984.
' ALLOCATING FUNDS TO CO%7ER THE RENTAL AND E%>�TT INSURANCE
AN EVENT BY THE ASOCIACION INTER-NACIONAL DE A^IIGOS DE EL
SALVADOR AT THE 1 ANUIEL ARTF IE CCTT'IUINITY CENTTER 71,UDITORIUI,7
"FAIR T 22, 1984.
ALLOCATING $1 , 283, 644 OF TENTH YEAR C(TZIUNITY DEVELOP=
BLACK GRANT FUNDS TO PREVIOUSLY APPROVED SOCIAL SERVICP.S
PROGRAMS AND ONE HISTORIC PRESERVATION PROGRAM FOR THE
PERIOD JULY 1, 1984 THROUGH JUNE 30, 1985,FURTHER AUTHORIZI
THE CITY MANAGER TO ENTER INTO AGREEMENTS ITITH CERTAIN SOC-
IAL SERVICE AGENCIES FOR SAID APPROVED PROJECTS.
AUTIORIZING THE CITY MANAGER TO AMEND SIX INDIVIDUAL CONTRAG
AGREFTIOTI'S TO EXTEND THE DUE DATE FOR GENERATING THE REOUIRD
PROJECT REVENUE FRCM APRIL 30, 1984 TO MAY 31, 1984 FOR DE-
SIGNATED CO�MUNTIY BASED ORGANIZATIONS IN THE CITY OF r'IIAr-1I ,
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREI1,1I'I'
I Tim TIff DFi',ARTI` ENT OF OFF-STREET PARKING L'OR THE SUBLFIISE
OF A PORTION OF JOSE MARTI RIVERFRONT PARK FOR A r4UNICIPPL
PARKING FACILITY.
ESTABLISHING A TASK FORCE, TO BE KNOWN AS THE WEST LITTLE
HAVANA TASK FORCE, TO RECCMI'IEND A REVITALIZP.TION ACTION
PLAN FOR THE BEST LITTLE HAVANA AREA ESTABLISHING OBJECTF
AUTHORIZING THE CITY MANAGER AND CITY CIIRK TO FXECUTE AN
INSTRUMENT FORMALLY CANCELLING THE FEBRUARY, 1972 COVENANT TO
RUN WITH THE LAND EXECUTED BY YOAN AND ERNESTINR ZP.IFER LND I
ORLANDO AND ISABEL RODRIGUEZ l%l1ICH 19(QS RECORDED ON FEBRUAI?Y
22, 1972 UNDER CLERK FILE NO. 72R-1 39044, RELATING `1'O A TI71P-
ORARY 4-INCH SANITARY SLUER FORCE MAIN.
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERV TO
EXECUTE AN INSTRUMENT FORMALLY CANCELLING THE REMAINDER or
THE OCTOBER 29, 1962 COVENANT TO RUN WITH TILE LAND PXECU=
BY THE TENTH AVENUE LAND CORPORATION RELATING TO A PORTION
OF PROPERTY INCLUDED IN TIIF PLAT KNOWN AS SECOND ADDITION TO
f4EDICAL CENTER, AS REODRDED IN PLAT BOOK 123 AT PAGE 28 OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
R-84-555
R-84-556
R-84-557
R-84-558
R-84-559
R-84-560
R-84-561
R-84-562
R-84-563
R-84-564
U
H
DOCUMENT IDENTIFICATION
T p
1 1 -
A
ACCEPTING THE BID OF SOUTHERN COACH FOR FURNISHING LABOR & R-84-565
MATERIAL-S FOR TILE REFURBISHING OF ONE FIRE PU"IPER APPARATUS
HOSE NO. 5 TO TEEI DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES; ALLOCATING FUNDS THEREFOR AND AUTHORIZING T£IT; CI
MANAGER TO TNSTRUCT THE PURCHASINF AGENT TO ISS M A PURCTIAS
ORDER FOR THIS SERVICE.
ACCEPTING THE LAID OF LTTION OFFICE PRODUC:I'S CEN`177'R FOR FUR-
NISHING AND INSTALLING MODULAR AND FREE STANDING OFFICE-.
FURNITURE FOR THE DEPAR7I1= OF FIRE, RESCUE AND INSPECTION
SERVICES; ALLOCATING FUNDS THEREFOR AND AUTHORIZING THE CITY
MANAGER TI INSTRUCT THE PURCHASING AGENT TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPP'IEN`I'.
LOANING A SUM OF $25,000FRGI FY 84 SPECIAL PROGRAMS AND
ACCOUNTS BUDGET, CCXe''I'INY,-ENT FUND, TO T11E DEPAR7I1'NT OF OFF-
STR= PARKING TO FUND TENTING OF THE CITY OPINED OLYI7PIA BIG
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ROY HERBERT
THE SUM OF $45,000, WITHOUT TIC AIIIISSION OF LIABILITY, IN
FULL AND COMPLETE SETT 11ENT OF ALL BODILY INJURY, PERSONAL
INJURY PROTECTION LIENS, WORKERS' C(Y'IPENSATION LIENS, CLAIMS
AND DEMANDS AGAINST T'I-lE CITY OF MIAMI ABD ROBERT ANTHONY
NIGRO, AND UPON EXECUTION OF A RELEASE RELEASING, THE CITY OF
MIAMI AND ROBERT ANTHONY NIGRO FR(Tl ALL CLAIMS AND DEMANDS.
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMM''fENT TO ARTI-
CLE IV OF THE MEMORANDUM OF AGREEMENT BETWEEN THE OVERTaO IN
ECONCMIC DEVELOPP= CORPORATION AND THE CITY dtd. A-PRIL 21
1981, TO PROVIDE A LINE -ITEM BUDGET INCREASE FOR THE PURPOSI
OF AQUIRING PERMANENT COMPREHENSIVE -INSURANCE (PUBLIC LIA-
BILITY, FIRE AND REPLACEMENT OF STRUCTURE COVERAGE) FOR THE
OVERTCXaN SHOPPING CENTER; ALLOCATING FUNDS THEREFOR2.
R-84-566
R-84-567
R-84-569
1